6159 6159Instruction
Individualized Education Program/Special Education Program
In accordance with the regulations of the State Board of Education, each local and regional board of education shall: (1) Provide special education for school-age children requiring special education; (2) The obligation of the school district under this subsection shall terminate when such child is graduated from high school or at the end of the school year during which such child reaches age twenty-two, whichever occurs first.
Effective July 1, 2023, all students remain eligible for special education services under the Individuals with Disabilities Education Act (IDEA) through the end of the school year during which the students turns age 22, or until the student graduates from high school with a regular high school diploma, whichever occurs first. Pursuant to the Connecticut General Statutes 10-259, school year is defined as July 1 through June 30.
A parent of a child, the State Department of Education, other state agencies of the District may initiate a request for an initial evaluation to determine if the child is a child with a disability. Initial evaluations, using a variety of assessment tools and measures to gather relevant functional, developmental and academic information, must be completed within 60 days of the receipt of parental consent, or per a timeline determined by the State. Exceptions to this timeframe include children moving between school districts and parental refusal to make a child available for evaluation, as provided by law. Assessments for disabled children who are transfer students shall be coordinated between the sending or receiving district in an expeditious manner.
The District will provide parents/guardians with State Department of Education information and resources relating to IEPs as soon as a child is identified as requiring special education.
Planning and Placement Team or Individualized Education Program Team
The term Individualized Education Program Team or IEP Team means a group of individuals composed of -
(i) the parents of a child with a disability
(ii) not less than one regular education teacher of such child (if the child is, or may be, participating in the regular education environment);
(iii) not less than one special education teacher, or where appropriate, not less than one special education provider of such child;
(iv) a representative of the local educational agency who
(I) is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
(II) is knowledgeable about the general education curriculum; and
(v) an individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in clauses (ii) through (vi);
(vi) at the discretion of the parent of the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
(vii) whenever appropriate, the child with a disability; and
(viii) the school paraprofessional, if any, assigned to such child.
NOTE: An IEP Team member is not required to attend all or part of an IEP meeting if the parents and District agree that the team member s participation is not necessary because the member s area of the curriculum or related services is not being modified or discussed at the meeting. If the meeting does involve a modification or discussion of the member s area of the curriculum or related services, parents and the District can agree to excuse the member from attending all or part of the meeting if the member submits written input to the parent and the IEP Team prior to the meeting. Parental consent in writing is required in either case.
In addition to the above, the special education specialist, school psychologist, school nurse, school social worker, counselor, or other student service worker who has conducted an assessment of the student shall participate whenever the results or recommendations based on such assessment are significant to the development of the student s individualized education program and placement. Where the student is limited or non-English speaking, a district representative who is fluent in the student s primary language and who is knowledgeable about the process of second-language acquisition and competent in the assessment of limited English and non-English speaking individuals should be included.
Any member of the PPT employed by the Board of Education who discusses or makes recommendations concerning the provisions of special education and related services during a PPT meeting shall not be disciplined, suspended, or otherwise punished for such recommendations.
No birth-to-three coordinator or qualified personnel, as defined by C.G.S. 17a-248, who discusses or makes recommendations concerning the provision of special education and/or related services during a PPT meeting or in a transition plan shall be subject to discipline, suspension, termination or other punishment on the basis of such recommendations.
The parent/guardian or surrogate parent shall be given at least five (5) school days prior notice of any PPT meeting and shall have the right to be present and participate in all portions of such meetings at which an educational program for their child is developed, reviewed or revised. In addition, parents/guardians or surrogate parents have the right to be present at and participate in all portions of the PPT meeting at which an educational program for their child is developed, reviewed or revised. In addition, the parent/guardian/surrogate shall have advisors and the child s assigned paraprofessional, if any, and such child s birth-to-three service coordinator, if any, be present at and participate in all portions of the PPT meeting in which the child s educational program is developed, reviewed or revised and have the right to have such recommendation made in such child s birth-to-three individualized transition plan, if any, addressed by the PPT at which an educational program for such child is developed.
The District shall offer to meet with the student s parents/guardians, upon the request of the parents/guardians, after the student has been assessed for possible placement in special education and before the Planning and Placement Team (PPT) meets. The sole purpose of such meeting is to discuss the PPT process and any concerns the parent/guardian has about the student. The meeting will involve a member of the PPT designated by the District before the referral PPT meeting at which the student s assessments and evaluations will be discussed for the first time. This applies to students under evaluation for possible placement in special education.
Upon request of a parent/guardian, the District will provide the results of the assessments and evaluations used in the determination of eligibility for special education of a student at least three (3) school days before the referral PPT meeting at which such results of the assessment and evaluations will be discussed for the first time.
Parents/Guardians and the District may agree to conduct IEP meetings, and other meetings, through alternative means, such as including but not limited to, videoconferences or conference calls.
(a) General. The IEP for each child must include -
(1) An accurate statement of the child s present levels of educational performance based upon parental provider information, current classroom-based, local, state assessments and classroom-based observations, including -
(i) How the child s disability affects the child s involvement and progress in the general education curriculum; or
(ii) For preschool children, as appropriate, how the disability affects the child s participation in appropriate activities;
(2) A statement of measurable annual academic and functional goals, related to -
(i) Meeting the child s needs that result from the child s disability to enable the child to be involved in and progress in the general education curriculum;
(ii) Meeting each of the child s other educational needs that result from the child s disability; and
(iii) Providing a meaningful opportunity for the child to meet challenging objectives.
(3) A statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child and a statement of the program modifications or supports for school personnel that will be provided for the child
(i) To advance appropriately toward attaining the annual goals;
(ii) To be involved and progress in the general curriculum in accordance with paragraph (a)(1) of this section and to participate in extracurricular and other nonacademic activities; and
(iii) To be educated and participate with other children with disabilities and non-disabled children in the activities described in this paragraph.
(4) A school must offer an IEP that is reasonably calculated to enable a child to make progress appropriate in light of the child s circumstances. The child s educational program must be appropriately ambitious in light of his/her circumstances and every child should have the chance to meet challenging objectives. The IEP Team, in determining whether an IEP is reasonably calculated to enable a child to make progress should consider the child s:
Previous rate or academic growth,
Progress towards achieving or exceeding grade-level proficiency,
Behaviors, if any, interfering with the child s progress, and
Parent s input and any additional information provided by such parents.
The U.S. Supreme Court, in the Endrew F decision stated, any review of an IEP must consider whether the IEP is reasonably calculated to ensure such progress, not whether it would be considered ideal. (137S.CT. at 99)
(5) An explanation of the extent, if any, to which the child will not participate with non-disabled children in the regular class and in the activities described in paragraph (a) (3) of this section;
(6) A statement of any individual modifications in the administration of State or district-wide assessments of student achievement that are needed in order for the child to participate in the assessment; and
(7) The projected date for the beginning of the services and modifications described in paragraph (a)(3) of this section, and the anticipated frequency, location, and duration of those services and modifications; and
(8) A statement of
(i) How the child s progress toward the annual goals described in paragraph (a)(2) of this section will be measured; and
(ii) How the child s parents will be regularly informed (through such means as periodic report cards), at least as often as parents are informed of their non-disabled children s progress, of
(A) Their child s progress toward the annual goals; and
(B) The extent to which that progress is sufficient to enable the child to achieve the goals by the end of the year
(9) Reevaluation of a student s progress may not occur more than once a year unless agreed to by the parents and the District. Reevaluation must occur at least once every three years unless the parent and District agree that it is unnecessary.
(b) Transition services.
(1) The IEP must include
(i) For each student beginning not later than the first IEP to be in effect when the child is fourteen and younger if the PPT determines it appropriate, and updated annually, thereafter, appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and the transition services, including courses of study, needed to assist the student in reaching those goals.
(ii) For a student no longer eligible for services due to graduation from high school with a regular diploma or for a student who exceeds the age of eligibility under State law, a summary of the student s academic achievement and functional performance including recommendations on how to assist the student in meeting his/her postsecondary goals.
(2) If the IEP team determines that services are not needed in one or more of the areas specified in 300.27(c)(1) through (c)(4), the IEP must include a statement to that effect and the basis upon which the determination was made.
(c) Transfer of rights. Beginning not later than one year before a student reaches the age of majority under State law, the student s IEP must include a statement that the student has been informed of his or her rights under this title if any, that will transfer to the student on reaching the age of majority, consistent with 615(m).
(d) Students with disabilities convicted as adults and incarcerated in adult prisons. Special rules concerning the content of IEP s for students with disabilities convicted as adults and incarcerated in adult prisons are contained 612(a)(5)A.
Students with Disabilities Identified as Deaf or Hearing Impaired
For a child identified as deaf or hearing impaired, the PPT shall develop and IEP which includes a language and communication plan which shall address;
(i) the child s primary language or mode of communication;
(ii) opportunities for direct communication between the child and his/her peers and professional personnel in the primary child s language or mode of communication;
(iii) educational options available to the child;
(iv) the qualifications of teachers and other professional personnel administering the plan for the child, including their proficiency in the child s primary language or mode of communication;
(v) the accessibility of academic instruction, school services and extracurricular activities to the child;
(vi) Assistive devices and services for the child;
(vii) Communication and physical environment accommodations for the child; and
(viii) An emergency communications plan that includes procedures for alerting the child of an emergency situation and ensuring that the specific needs of the child are met during the emergency situation. Such plan is to be developed for a student identified as deaf, hard of hearing, or both blind or visually impaired and deaf.
Transfers
When an individual has been on an IEP in another school district, the PPT shall make an evaluative study of the student and develop an IEP for the student as though the student were newly referred, but the PPT may use the previous IEP (if available) in developing the new one. If the transfer involves districts within Connecticut, the District will provide services comparable to those described in the previously held IEP, until the District adopts the previously held IEP or develops, adopts, and implements a new IEP. If the student has transferred from another state, the District will provide services comparable to those described in the previously held IEP, until the District conducts an evaluation, if deemed necessary, and if appropriate, develops a new IEP. If a student who is on an IEP transfers from this district to another, or to a private school, the written IEP and any additional records relating to the student s program and achievement shall be forwarded to the receiving school on the request of the receiving school and the individual s parent or guardian.
Independent Educational Assessment
If an independent educational assessment is necessary, it shall be conducted by a Connecticut credentialed or licensed professional examiner who is not employed by and does not routinely provide assessment for the State Department of Education or this District.
Legal Reference: Connecticut General Statutes
10-76a Definitions (as amended by PA 06-18)
10-76b State supervision of special education programs and services. Regulations (as amended by PA 12-173)
10-76d Duties and powers of Boards of Education to provide special education programs and services. (as amended by PA 19-49, PA 21-46 and PA 21-144 and PA 23-137)
10-76ff Procedures for determining if a child requires special education (as amended by PA 06-18)
10-76g State aid for special education.
10-76h Special education hearing and review procedure.
10-76jj Language and communication plan as part of individualized education program for child identified as deaf or hard of hearing (as amended by PA 19-184)
10-76q Special education at technical education and career schools (as amended by PA 21-144).
PA 06-18 An Act Concerning Special Education
State Board of Education Regulations
34 C.F.R. 300 et seq. Assistance to States for Education of Handicapped Children.
300.14 Special education definitions.
300.340-349 Individualized education programs.
300.503 Independent educational assessment.
300.533 Placement procedures.
300.550-556 Least restrictive environment.
P.L. 108-446 The Individuals with Disabilities Education Improvement Act of 2004
PA 23-137 An Act Concerning Resources and Support for Persons with an Intellectual or Developmental Disability.
Policy adopted: June 3, 2008
Policy revised: February 5, 2013
Policy revised: May 19, 2020
Policy revised: February 1, 2022
Policy revised: November 7, 2023
NEW HARTFORD PUBLIC SCHOOLS
New Hartford, Connecticut
R6159
Instruction
Guidelines for Independent Educational Evaluations (IEE)
Introduction
The New Hartford Board of Education Board employs or contracts with certified staff such as psychologists, special education teachers, school social workers, occupational therapists, physical therapists, and speech and language pathologists for the purpose of evaluating students with special education needs. When the Planning and Placement Team PPT recommends evaluations for the purpose of determining a student s possible eligibility for special education, or for the purpose of determining their continued eligibility for special education, or for any other purpose, the Board will select the evaluators to conduct the evaluations as recommended by the PPT.
According to state and federal special education laws, parents/guardians have the right to an independent educational evaluation IEE of their child at public expense if they disagree with an evaluation of the child conducted by the Board. The Board has established the following procedure for obtaining an IEE and criteria for the selection of an appropriate evaluator. In accordance with applicable law, these criteria also apply to outside evaluations performed by an outside evaluator selected by and/or at the request of the Board.
Definitions
An Independent Educational Evaluation IEE is an evaluation conducted by a qualified examiner who is not employed by the Board, which is the public agency responsible for the education of the child.
An evaluation means the formal testing and/or assessment procedures used to determine whether a child has a disability and the nature and extent of the special education and related services the child needs.
Public expense means the Board either pays for the full cost of the evaluation or ensures the evaluation is otherwise provided at no cost to the parents/guardians.
Procedure
An evaluation that the PPT recommends be conducted by an outside evaluator follows the same process as is in place for evaluations that are administered by Board staff. The parent s consent is required both for evaluations conducted by Board staff and for those administered by outside evaluators recommended by the PPT.
The Board encourages parents to make requests for an IEE at public expense at a PPT meeting so that the PPT can discuss the request and the parents concerns.
If a parent is entitled an IEE at public expense because he or she disagrees with an evaluation obtained by the Board, upon receipt of such a request for an IEE at public expense, the Board will either: (a) initiate a due process hearing to show that the evaluation of the child conducted by the district is appropriate; or (b) provide an IEE at public expense unless the Board demonstrates through a due process hearing that the evaluation obtained by the parent did not meet the Board s criteria. If the Board requests a hearing and the final decision is that the Board s evaluation of the child is appropriate, the parent/guardian still has the right to an IEE, but not at public expense.
Parents will be expected to contact the evaluator they have selected to conduct the IEE in a timely manner to schedule any necessary appointments.
The Board may ask the parent to explain the reason for the request for an IEE at public expense and why he or she objects to the Board s evaluation in order to obtain more information upon which to make a decision whether to grant or deny the request, or in order to focus the evaluation request on the area of disagreement. However, the parent will not be required to provide an explanation.
If the Board decides to provide an IEE at public expense, the Board will provide names, addresses, and phone numbers of possible IEE evaluators who meet the Board s following criteria for the particular type of evaluation at issue. Although the parent or guardian is not required to select one of those proposed evaluators, whomever the parent ultimately chooses - and their evaluations - must meet all of the following criteria, or the Board shall not be responsible for the cost of such evaluation.
Minimum Credentials for Evaluators
The evaluators selected by a parent or guardian must satisfy all of the following criteria that is set forth in the relevant area of expertise. In addition, any and all independent evaluators selected by a parent or guardian must:
Have experience and the necessary knowledge to administer the most recent iterations or editions of the applicable and relevant testing protocols.
Have training and experience in evaluating students for purposes of making education-related recommendations.
Psychological Evaluation
1. Hold a valid Connecticut Department of Health license as a psychologist and have earned and been awarded a Doctor of Philosophy [ Ph.D ] or Doctor of Psychology [ Psy.D. ] in Psychology, School Psychology, Neuropsychology, Counseling Psychology or Clinical Psychology from an accredited university; or hold an appropriate and valid certificate in school psychology from the Connecticut State Department of Education.
2. Have training and experience in evaluating students of the same age level as the student being evaluated.
3. Have a clinical background, advanced training, and recent experience in the areas of disability being evaluated.
Neuropsychological Evaluation
A professional who uses the title Neuropsychologist must have adequate specialty level training as this is not a legally required title or practice area. Thus, the Board requires that the evaluator:
1. Has earned and been awarded a Doctor of Philosophy [ Ph.D. ], Doctor of Education [ Ed.D. ] or Doctor of Psychology [ Psy.D. ] in Psychology, School Psychology, Neuropsychology, Counseling Psychology or Clinical Psychology from an accredited university.
2. Holds a valid Connecticut Department of Public Health license as a psychologist.
Psychiatric Evaluation
1. Hold a medical degree [ M.D. ] from an accredited university.
2. Have clinical training in child and adolescent psychiatry.
3. Hold in good standing a valid license by the State of Connecticut Department of Public Health.
4. Be board certified by the American Board of Psychiatry and Neurology in the specialty area of Child and Adolescent Psychiatry.
Medical Evaluation
1. Holds a medical degree [ M.D. ] from an accredited university.
2. Have clinical training in the field of specialty required for evaluation or pediatrics, as applicable.
3. Hold a valid license issued by the State of Connecticut Department of Public Health in good standing.
4. Be board certified by the appropriate agency in pediatrics or the appropriate field of specialty in which the evaluation is sought.
Occupational Therapy Evaluation
1. Possess at the minimum a bachelor s degree from an accredited university and have graduated from an educational program accredited by the American Occupational Therapy Association.
2. Hold in good standing a valid license issued by the State of Connecticut Department of Health.
3. Have a clinical experience in evaluating and treating children and/or adolescents in the area of disability under evaluation.
Physical Therapy Evaluation
1. Have graduated from a school of physical therapy approved by the Board of Examiners for Physical Therapists.
2. Hold a valid license issued by the State of Connecticut Department of Public Health in good standing.
3. Have clinical experience in evaluating and treating children and/or adolescents in the area of disability under evaluation.
Speech and Language Evaluation
1. Possess at a minimum a master s degree and appropriate specialist level training in speech and language pathology from a program accredited by the American Speech-Language Hearing Association.
2. Hold in good standing a valid license issued by the State of Connecticut Department of Health or a valid certificate as speech and language pathologist from the Connecticut State Department of Education.
3. Have clinical pediatric experience in evaluating and treating children and/or adolescents in the area of disability under evaluation.
Educational/Achievement Evaluation
For individuals conducting academic achievement testing, the individual must either:
1. Fulfill the following requirements:
a. Possess a degree from an accredited university and appropriate specialist level degree in special education from an accredited university; and
b. Hold a minimum of Provisional Educator Certificate in special education from the State of Connecticut State Department of Education; and
c. Have experience in teaching and evaluating students in the area of suspected disability.
or
2. Fulfill the requirements for a psychologist or neuropsychologist, above
Functional Behavioral Assessment
Possess at the minimum, the requirements set forth above for the Psychological or Neuropsychological Evaluators;
or
Hold current certification in good standing as a Board Certified Behavior Analyst [ BCBA ], including possessing at a minimum a master s degree in Applied Behavior Analysis [ ABA ] from an accredited university.
Cost Requirement
Evaluators must charge fees for evaluation services which, in judgment of the school district, are reasonable and customary for such evaluations. Evaluators will be asked to provide an estimate of evaluation costs and if necessary, to conform them to the expectations of the school Board and fees that are reasonable and customary in the community. Refusal to comply will disqualify the evaluator. In the event that the Board is providing reimbursement to a parent for an evaluation already conducted, the Board shall not be responsible for reimbursement of any costs in excess of a reasonable fee for the service provided. The rates set forth on the attached schedule are based upon the reasonable customary professional rate in the community and will be reviewed on an annual basis.
Evaluation Content Requirement
Evaluators must restrict their evaluations to their specific area of expertise and may not opine on matters outside of their specific area of expertise. Evaluators must administer evaluations within acceptable guidelines of practice for the area of evaluation and follow all guidelines pursuant to the individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C. 1400 et. seq. [ IDEA ] and Connecticut law, specifically Conn. Gen. Stat. 10-76a, et. seq., including but not limited to the use of a variety of assessment tools and strategies, administered in compliance with the test protocols issued by the manufacturer for each standardized assessment tool, the use of technically sound instruments, the use of instruments not selected so as to be discriminatory on racial or cultural basis; the use of assessment tools administered in the child s native language or other mode of communication and in the form most likely to yield accurate information; the use of instruments used for the purpose for which the assessments or measures are valid and reliable, the use of instruments tailored to address specific areas of educational need; and the use of instruments selected so as to ensure that for a child with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the child s aptitude or achievement level or other factors the test attempts or purports to measure, and not the child s impairment (unless those are the factors the test attempts to measure).
The evaluator shall make recommendations that address educational interventions and strategies that will assist the student to achieve appropriate educational progress. It is not the role of nor appropriate for the evaluator to make recommendations concerning the educational placement of the child as such decisions can only be made by the PPT. Therefore, the evaluator shall not make recommendations regarding the students placement.
Availability and Consultation Requirement
The utility of an evaluation and its relevancy are greatly increased when the evaluator takes the time to familiarize him or herself with the child in the school setting, and is available to consult with staff. Therefore, evaluators must be willing to observe the student in the school setting to the extent needed for the evaluation, and must consult with school staff to discuss the child s needs and progress in the educational setting.
The evaluator must be permitted to communicate directly with the Board staff, and to obtain information from and share information with the school. The evaluator must obtain and consider school information and observations of the child in the school setting in the evaluation process and the written report. In the event of questions concerning the evaluator s written report or evaluation/test results, the evaluator must make himself or herself available to Board staff to respond to questions, including questions concerning the standardized administration of test instruments.
The Board has no financial responsibility for any post-evaluation meetings the evaluator may choose to have with a parent or guardian except as otherwise noted below.
The Board has no obligation to invite the evaluator to any PPT meetings, including the meeting at which his or her evaluations is to be considered so long as the Board has someone on its staff or under retainer who in the Board s judgment is qualified to interpret and explain the evaluation to the PPT. The parent or guardian has the right to invite the evaluator to any PPT meeting, but the parent or guardian will be responsible for arranging the evaluator s attendance and for the cost of his or her attendance.
Notwithstanding the foregoing, should the PPT request an evaluator s attendance at a PPT meeting, the evaluator must be available and willing to attend the PPT meeting to review the results of his or her evaluation and to discuss educational implications of the evaluation.
Timely Written Report Requirement
As noted, above in the Minimum Credentials for Evaluators section, the evaluator must be able to evaluate the student within a reasonable period of time after the Board secures parental consent for the evaluation, and must be able to provide a timely written report of the evaluation, in most cases no more than 60 calendar days from the date the evaluation is initiated, subject to any contractual arrangement with the Board or unusual circumstances which justify an extension of this timeline. The written report, which must include assessment results, including the results of teacher and parent checklists and surveys, must be provided to the Board before the Board will fund the evaluation, and it must be provided to the Board concurrently with its provision to the parent or guardian.
Location Requirement
Evaluators who will be considered for approval must be located within Connecticut and within seventy-five (75) miles of New Hartford. Evaluators outside of this geographic area will be approved only on an exceptional basis, provided that the parent can demonstrate the necessity of using personnel outside of this geographic area. The district shall not be responsible for providing transportation, nor pay any travel expenses to and from the location of the evaluator. In the case of low incidence or severe disabilities where qualified evaluators may not exist in the geographic area, this requirement may be reconsidered by the district.
Additional Information
If the district has not conducted an evaluation of a child or an evaluation or reevaluation is pending, the parent does not have a right to an independent evaluation at public expense, because there is no evaluation with which the parent could disagree. A parent/guardian may request only one independent evaluation at public expense for each evaluation conducted by the district.
Outside Evaluations That Are Not IEEs
Evaluations and/or assessments obtained by parents/guardians that do not meet the criteria for an IEE are considered outside evaluations for which parents/guardians are not entitled to reimbursement or payment from a public school district. Nonetheless, if a parent/guardian decides to unilaterally obtain an outside evaluation and to share the results of such evaluation with the district, the school district will consider the evaluation at an Individualized Education Program IEP meeting, as appropriate.
Please contact the Director of Special Education Services with any questions regarding the criteria for independent educational evaluations.
Evaluators Meeting Criteria
A list of evaluators meeting the Board s criteria will be provided upon request.
Regulation approved: August 15, 2023
Regulation reviewed: November 7, 2023
NEW HARTFORD PUBLIC SCHOOLS
New Hartford, Connecticut