Exiting (dismissal) from speech language services revised 2013 draft by lizzy2008

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									   Dismissal (Exiting) from Speech-Language
                    Services
   The decision making process for all dismissals is a two
   pronged approach, which is made by the IEP team.



    Review of Data                                 Review of Definitions
Evaluation Results              Speech-language impairment

                                “Speech-language impairment means a communication disorder,
Educational History             such as stuttering, impaired articulation, a language impairment, or
                                voice impairment that adversely affects a child’s educational
Progress toward Annual          performance.
Goals                           OAC 3301-51-01(B)(10)(d)(xi)

                                Special Education
Parental Information
                                “Special education means specially designed instruction, at no cost
                                to the parents, to meet the unique needs of a child with a
Present Levels of               disability…”                 OAC 3301-51-01(B)(58)(a)(i)
Performance
                                Specially Designed Instruction

                                “Specially designed instruction mean adapting, as appropriate, to the
                                needs of an eligible child under this rule, the content, methodology
                                or delivery of instruction: (a) to address the unique needs of the
                                child that result from the child’s disability; and (b) To ensure access
                                of the child to the general curriculum, so that the child can meet the
                                educational standards within the jurisdiction of the school district
                                that apply to all children.
                                OAC 3301-51-01 (B)(58)(b)(iii)

                                Related services

                                “Related services means…such developmental, corrective, and other
See page 2                      supportive services as are required to assist a child with a disability
                                to benefit from special education…” OAC 3301-51-01 (B)(52)

Dismissal from services may occur if:
   1. The student no longer has a speech-language impairment; OR
   2. Although the student has a speech-language impairment, it no longer affects
      his/her educational performance; OR
   3. Although the student who has received speech-language services as special
      education still has a speech-language impairment that affects his/her educational
      performance, the team determines that he/she does not need special education; OR
   4. Although the student who has received speech-language services as part of special
      education still has a speech-language impairment that affects his/her educational
      performance, the team determines that he/she does not need related services to
      benefit from special education.
                                                                            Charles Carlin
                                                                                           1
                                                                                       SCESC 2004
                                                                                       Revised 2013
Questions to Guide Dismissal from Speech-Language Services:
  1.   What has been the duration of services?

  2.   How frequently has the student received services?

  3.   Have alternative intensity levels been tried?

  4.   Have alternative service delivery options (e.g. group, one-on-one, integrated therapy, etc.) been
       tried?

  5.   Have the various modes of services been tried for a sufficient time period?

  6.   Does the data reflect an accurate diagnosis?

  7.   Where appropriate goals and objectives/benchmarks established?

  8.   Have treatment methods been appropriate for the diagnosis?

  9.   Have a variety of intervention strategies been attempted to stimulate progress?

  10. What has been the student’s level of responsiveness to each treatment method?

  11. Has the student been able to progress to the next level of the program/approach?

  12. Has the treatment been at an appropriate level for the student?

  13. Have a variety of therapy settings been utilized (pull out, classroom based, integrated, community,
      etc.)?

  14. Have alternative therapy times been tried?

  15. Is the SLP working with regular and special education teachers to facilitate communication?

  16. Has the therapy truly been individualized?

  17. Have there been any gaps in service?

  18. Is the student motivated?

  19. What have been the motivational incentives tried?

  20. Has a behavior plan been implemented to improve motivational issues?

  21. Have the parents been notified of the student’s motivational issues?

  22. Has the SLP sought the assistance of another qualified provider to furnish a second opinion?

  23. Does the student need specially designed instruction to address communication?

  24. Does the disability adversely affect educational performance?

  25. Does the disability continue to exist?

  26. Does the team believe the student no longer exhibits a prognosis for improvement?
                                                                                           Charles Carlin
                                                                                                            2
                                                                                            SCESC 2004
                                                                                           Revised 2013
                     Dismissal: “Speech Only”
Student is identified as having speech-language impairment with speech-language
services being the only or primary special education service the student receives.

The team shall develop an evaluation plan that will provide for the following:



Review of Existing Evaluation Data               Review of the student’s IEP
Evaluations and information provided             The student’s IEP should be reviewed in
by the parent                                    accordance with paragraph (F) of rule
                                                 3301-51-06 of the Administrative Code
Classroom-based assessments                      OAC 3301-51-06 (F)

Classroom-based observations

Progress in the general curriculum

Observations by the teacher and Speech-
language Pathologist

Data from previous interventions




On the basis of the review of existing data and input from the student’s parents,
identify what additional data, if any, are needed to determine the following:
           ***The review of existing information may be conducted without a meeting***



   Whether the                                             Whether the     Whether the child
child continues to   Present Levels      Educational       child continues continues to need
      have a                                                                 additions or
 speech-language
                           of              needs           to need special  modifications to
   impairment         Performance                          education          the special
                                                                                   education


                                             OR
No additional data are needed                       Additional data are needed
         See page 4                                         See page 5

                                                                                  Charles Carlin
                                                                                                   3
                                                                                   SCESC 2004
                                                                                  Revised 2013
   “Speech Only”: No additional data are needed
If the determination is that no additional data are needed to determine whether the
student continues to be a student with a speech-language impairment, the school
district shall notify the student’s parents of the following:



Of the determination that    The reason for the         The right of the parents to
no additional data are       determination that no      request an assessment to
necessary                    additional data are needed determine whether, for
                                                        purpose of services, the
                                                        student continues to be a
                                                        student with a disability



Document the above on a “Prior Written      Provide a “Whose IDEA is This” in the
Notice” Form                                mailing
Compile the reevaluation data into a written Evaluation Team Report, including:



A summary of information obtained during the evaluation process
Documentation that the student fails to meet eligibility criteria for speech-language
impairment as defined in paragraph (G)(3) of the rule 3301-51-06 of the
Administrative Code
Basis for the determination
The names, titles, and signatures of each team member, including the parent
Parental consent (dismissal from services)
An indication of whether or not they are in agreement with the eligibility
determination
Parents must be provided a copy of the evaluation team report (ETR)




Parents should receive       Provide a “Whose IDEA is Must be given to the
documentation of the         This” in the mailing     parent within a
team’s determination via                              reasonable period of time
the “Prior Written                                    PRIOR to discontinuing
Notice”                                               speech-language services


                                                                         Charles Carlin
                                                                                          4
                                                                          SCESC 2004
                                                                         Revised 2013
      “Speech Only”: Additional data are needed
If the determination is that additional data are needed to determine whether the
student continues to be a student with a speech-language impairment, the school
district shall ensure the following:



The parents have been        The parents understand        The parents understand
fully informed of all        and agree in writing          that granting consent for
information relevant to      (using the “Parent            additional assessments is
the reevaluation             Consent for Evaluation”       voluntary and can be
                             form) to carry out the        revoked at any time
                             reevaluation



Document the above on a “Prior Written      Provide a “Whose IDEA is This” in the
Notice” Form                                mailing

Assess accordingly and compile the reevaluation data into a written Evaluation
Team Report, including:



A summary of information obtained during the evaluation process
Documentation that the student fails to meet eligibility criteria for speech-language
impairment as defined in 3301-51-01 of the Administrative Code
Basis for the determination
The names, titles, and signatures of each team member, including the parent
Parental consent (dismissal from services)
An indication of whether or not they are in agreement with the eligibility
determination
Parents must be provided a copy of the evaluation team report (ETR)




Parents should receive       Provide a “Whose IDEA is Must be given to the
documentation of the         This” in the mailing     parent within a
team’s determination                                  reasonable period of time
using a “Prior Written                                prior to discontinuing
Notice” form                                          speech-language services.




                                                                         Charles Carlin
                                                                                          5
                                                                          SCESC 2004
                                                                         Revised 2013
        Exiting: “Speech as a Related Service”
Student is identified as needing speech-language services as a related service and
would continue to receive special education.

The Individualized Education Program (IEP) team shall conduct a Periodic/Annual
Review of the student’s IEP and address the following:



The IEP team shall discuss following:                 The IEP team shall REVISE the current
                                                      IEP to reflect the following:
Student’s future                                      The IEP team’s discussion
Present levels of performance                         Present levels of performance
Student’s needs that require specially                Progress toward annual speech-language
designed instruction                                  goals
Annual goals, objectives, and assessment              Information provided by the parent
procedures
                                                      Student’s anticipated needs
Needed services
                                                      Results of any recent reevaluation, if
Least restrictive environment                         appropriate
Special factors                                       Other matters, if appropriate




On the basis of the IEP team discussion, review of existing data and input from the
student’s parents, document on the IEP that “the team agrees the student no longer
requires Speech-language Services as a Related service in order to benefit from
Special Education.”



Each IEP team The IEP serves But, the IEP                        If a Prior              The parents
member signs    as the Prior   team COULD                        Written Notice         still maintain
  off on the  Written Notice follow up the                       is used, then a         the right to
  revisions   if there is team decision with a                   “Whose IDEA               request a
                 agreement1    “Prior Written                    is This” should        reevaluation
                               Notice” form 2                    accompany the

1The 2014 rules will eliminate this provision
2The 2014 rules will require Prior Written Notice following all IEP team meetings whether the team is in
agreement or not in agreement
                                                                                          Charles Carlin
                                                                                                           6
                                                                                           SCESC 2004
                                                                                          Revised 2013
                                                    mailing



                          Final Thoughts
It is important to note that a “lack of progress” is not sufficient grounds, in and of
itself, to dismiss a student from speech-language services. According to IDEA 2004,
the IEP team is expected to review the child’s IEP to determine whether the annual
goals for the child are being achieved and revise the IEP as appropriate to address any
lack of expected progress toward the annual goals and in the general education
curriculum (34 CFR §300.324(b). The speech-language pathologist should convene
the IEP team whenever the student fails to make progress and not move directly
toward dismissal.

The following items should be considered before the student is dismissed from
services:

   1. Has the student reached a plateau in his/her progress? If so, the speech-
      language pathologist may serve in a consultative role with other staff
      members who can provide communication facilitation. The student may be
      dismissed from speech-language services due to a lack of educational benefit
      but remain in special education.

   2. Is the student motivated to continue to work on speech-language goals? The
      IEP team must determine if the student’s lack of motivation should be
      addressed by additional services (e.g. counseling). A joint effort would then
      be pursued by addressing motivation. If it is the case that the motivational
      issue is specific just to speech-language services, it may be necessary for the
      IEP team to change in the service delivery (e.g. move from direct pullout
      services to classroom based services) or focus of the interventions?

   3. Does the student need additional service time due to the complexity of the
      disability and the lack of progress? If lack of progress is not related to
      reaching a plateau, then more speech-language services may be warranted.

   4. Are there extenuating medical circumstances? If the medical circumstance is
      temporary (i.e. the child is receiving a particular treatment that requires an
      absence from school), the IEP team should reconvene and revise the IEP to
      reflect the services the student should receive during the medical situation.
      Upon the student’s recovery and return to school, the IEP should be again
      revised and services initiated as appropriate. Such a student would not be
      dismissed from services temporarily.




                                                                         Charles Carlin
                                                                                          7
                                                                          SCESC 2004
                                                                         Revised 2013
                              References
1. Arkansas Department of Education: Special Education. (1993). Arkansas
   Guidelines and Severity Ratings for Speech/Language Impairment.

2. American Speech-language-Hearing Association. (2003, May). IDEA and Your
   Caseload: A Template for Eligibility and Dismissal Criteria for Students Ages 3
   through 21, Revised Edition May 2003. Rockville, MD: Author.

3. Ohio Department of Education. (2002). Operating Standards for Ohio’s Schools
   Serving Children with Disabilities.




                                                                       Charles Carlin
                                                                                        8
                                                                        SCESC 2004
                                                                       Revised 2013

								
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