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IEP Q4: Should ARD committees move forward with special education eligibility decisions if an FIIE has not yet been completed due to concerns over the current COVID 19 pandemic response?
IEP Q4: Should ARD committees move forward with special education eligibility decisions if an FIIE has not yet been completed due to concerns over the current COVID 19 pandemic response?
IEP A4: No. Special education eligibility determinations for students should not be made without consideration of all relevant data points that would be provided in an FIIE. Eligibility decisions, and any subsequent IEP development decisions require consideration of all relevant data in order to ensure that sound decisions are made in the best interest of the student [34 CFR 300.306]. LEAs should continue to provide all appropriate general education interventions and supports to struggling students while they are going through the referral process and eligibility determinations are being made. To reiterate what is stated elsewhere in this document, LEA and school staff will want to prioritize decisions and actions based on health and safety first, communication with staff and families, and then consider requirements of IDEA and state law.
The link below is the 4.9.20 TEA COVID19 and SPED Q&A that provides the guidance above:
https://tea.texas.gov/sites/default/files/covid19_special_ed_qa_updated_april_9vf.pdf
1: Can we conduct a partial evaluation and state that the results were “inconclusive” (DNQ) so that we meet timelines?
1: Can we conduct a partial evaluation and state that the results were “inconclusive” (DNQ) so that we meet timelines?
School Closures do not change an LEA’s obligation to meet CFR §300.304(c)(6) which ensures that “the evaluation is sufficiently comprehensive to identify all of the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.”
Completing only part of an evaluation does not lead to inconclusive data. An evaluation that is inconclusive is one that is sufficiently complete, but the data is inconclusive in determining if a student meets disability criteria or need for specially designed instruction.
2: Can we conduct a partial evaluation and determine that a student meets eligibility so that we meet timelines?
2: Can we conduct a partial evaluation and determine that a student meets eligibility so that we meet timelines?
School Closures do not change an LEA’s obligation to meet CFR §300.8(a)(1) which requires an evaluation to determine that a child is a “child with a disability”, and who, by reason thereof, needs special education and related services.
An ARD Committee may not find a student eligible for special education, if they have not been found to be a child with a disability as evaluated in accordance with §§300.304 through 300.311.
3: Can we bypass conducting an FIIE and make a “provisional placement”?
3: Can we bypass conducting an FIIE and make a “provisional placement”?
School Closures do not change an LEA’s obligation to meet CFR §300.301(a) that requires that “each public agency must conduct a full and individual initial evaluation, in accordance with §§300.304 and 300.306, before the initial provision of special education and related services to a child with a disability under this part.”
4: Our evaluation team has determined that we cannot complete the evaluation because we need classroom observations and/or face to face assessment. What happens if we miss our timeline?
4: Our evaluation team has determined that we cannot complete the evaluation because we need classroom observations and/or face to face assessment. What happens if we miss our timeline?
“LEAs should provide proactive and ongoing communication with parents and families of students with disabilities. LEAs should identify communication channels to and from parents and families and ensure there are real-time opportunities for questions and concerns to be responded to and needs addressed.”
"If there are unavoidable deviations from legally established timelines, LEAs should document in the student’s folder all reasonable efforts made to follow timelines.”
“LEAs may wish to create a template document that assists school staff in documenting decisions made, why timelines were exceeded, and documentation of participation and consent through temporary alternate methods, such as email or notes. LEAs should not create a standard form that is not individualized and applied to all files and activities.”
If an evaluation is delayed and is out of compliance the ARD Committee will need to determine if this impacted the student’s provision of FAPE and if there is a need for compensatory services.
In summary, if an evaluation is late the team should: communicate proactively with the parent, document the reasons for the non-compliance, and review the non-compliance through an ARD to determine if there has been a failure to provide FAPE.
The link below is the 4.9.20 TEA COVID19 and SPED Q&A that provides the guidance above:
https://tea.texas.gov/sites/default/files/covid19_special_ed_qa_updated_april_9vf.pdf
5: Can we just REED (no additional data requested) all of our re-evaluations so we meet timelines?
5: Can we just REED (no additional data requested) all of our re-evaluations so we meet timelines?
School Closures do not change an LEA’s obligation to meet CFR §300.305(a)(2) which requires the IEP Team to review existing evaluation data and on the basis of that review, and input from the child’s parents, identify what additional data, if any, are needed to determine if the student continues to have such a disability, and the educational needs of the child.
A unilateral decision to “REED” (no additional assessment requested) ALL students due for a re-evaluation does not constitute the individualized consideration and planning set forth in IDEA.
It is recognized that some students will not need additional data, but this cannot be a universally applied decision.
6: Can I use Zoom or Skype (virtual medium) to conduct standardized testing for instruments that were developed for “face to face” administration?
6: Can I use Zoom or Skype (virtual medium) to conduct standardized testing for instruments that were developed for “face to face” administration?
An evaluator who is considering administering a standardized assessment created for “face to face” administration via a virtual medium should consider these points.
Evaluation Procedures
CFR §300.304(c)(1)(iii) – “Assessments and other evaluation materials used to assess a child under this part – Are used for the purposes for which the assessments or measures are valid and reliable.”
CFR §300.304(c)(1)(V) – “… Are administered in accordance with any instructions provided by the producer of the assessments.”
Introduction of error and test integrity
Will the student be able to adequately see the stimulus items or might there be glare or distortion?
Will the student be able to hear the evaluator’s directions and questions adequately?
Will the testing environment be free of distraction?
What assistance or prompting could the student be receiving from a parent or sibling who is outside the view of the camera?
What assistance might the student be having from a phone or other medium outside the view of the camera?
Will the evaluator be able to develop the rapport necessary for a valid assessment?
Evaluation Design
Will evaluators design their evaluations around what is the easiest test to administer in a virtual platform, rather than what is the best assessment instrument for the student’s needs and referral question?
Test security issues
Who else is watching and seeing the test materials?
Standardization Issues
Norm-referenced assessments compare a student’s abilities/skills to the abilities/skills of their peers (norm group). In order to make a fair comparison the student and the norm group must have had the same assessment procedures (standardized assessment). Giving a non-standardized administration makes the comparison less useful and utility of the scores become diminished as their validity and reliability are questioned.
7: Can I use Zoom or Skype (virtual medium) to conduct student interviews, student rating scales, sentence completion, etc.?
7: Can I use Zoom or Skype (virtual medium) to conduct student interviews, student rating scales, sentence completion, etc.?
An evaluator who is considering student assessments via a virtual medium should consider these points.
Evaluation Procedures
CFR §300.304(c)(1)(V) – “… Are administered in accordance with any instructions provided by the producer of the assessments.”
Technology
Does the student have the technology necessary for a virtual assessment? Zoom can be run on a computer, laptop, or phone.
Does the student have internet/phone services to support the virtual assessment?
Environment
Does the student have a private place in the house in order to engage in the assessment?
Will there be concerns regarding confidentiality and privacy for the student?
If others are able to hear the assessment/conversation – will there be test/instrument security issues?
Is the environment free from distraction?
Student Characteristics
Does the student have the attention span needed to listen to and work with the evaluator through a virtual medium without assistance on their side?
If the student has not met the evaluator previously – will the evaluator be able to establish the rapport necessary to conduct the assessment?
Validity
Will this evaluation represent the student’s typical needs or will they reflect their current functioning and needs in relation to the COVID health crisis?
Are there new/contextual stressors impacting the student due to COVID-19 (possible parent unemployment, financial concerns, tight space in the home, disconnect from peers, etc.) that may be difficult to tease out?
8: If the evaluation team determines that direct assessments with the student are not appropriate at this time – what assessment activities can I do during the school closure?
8: If the evaluation team determines that direct assessments with the student are not appropriate at this time – what assessment activities can I do during the school closure?
Review and write up extant data such school history, attendance, health information, grades, and state and local assessments, etc.
Collect teacher and parent information and write up (rating scales may be available through individual publishers within an electronic platform)
When considering interviews (via virtual medium or telephone) please consider the points in question 7 as far as privacy and confidentiality
Write up assessment data previously administered
Create an assessment plan for when direct assessments resumes
TEA COVID-19 FIIE Guidance 4.2.20 "Conducting components of an evaluation that can be reasonably completed within timelines, including reviews of existing evaluation data, will best position the LEA for a timely completion of the full report once traditional school resumes. The following table serves as a resource to assist LEAs in thinking through various evaluation (initial and reevaluations) that could potentially be completed remotely. This is a sample of various components and not an exhaustive list." See link below to view the TEA document and list
https://tea.texas.gov/sites/default/files/covid-19_evaluation_guidance_april_2.pdf
FAPE Q8: Should LEAs continue to provide services, or conduct evaluation activities during mandatory school closures or shelter in place orders?
FAPE Q8: Should LEAs continue to provide services, or conduct evaluation activities during mandatory school closures or shelter in place orders?
FAPE A8: LEAs should comply with all statewide or local orders. This includes but is not limited to school closures and shelter in place orders. As with all decisions made during the COVID 19 pandemic response, school staff will want to prioritize actions based on health and safety first, communication with staff and families, and then consider requirements of IDEA and state law regarding special education.
The link below is the 4.9.20 TEA COVID19 and SPED Q&A that provides the guidance above:
https://tea.texas.gov/sites/default/files/covid19_special_ed_qa_updated_april_9vf.pdf
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