Common use of Department of Education Clause in Contracts

Department of Education. The project carries out a variety of activities that provide information needed for program improvement, and promote the utilization of research data and other information for improving outcomes for students with disabilities. The project also provides technical assistance and information on emerging issues, and convenes small work groups to gather expert input, obtain feedback and develop conceptual frameworks related to critical topics in special education. This report was supported by the U.S. Department of Education (Cooperative Agreement No. H326F000001). However, the opinions expressed herein do not necessarily reflect the position of the U.S. Department of Education, and no official endorsement by the Department should be inferred. Note: There are no copyright restrictions on this document; however, please credit the source and support of federal funds when copying all or part of this material. This document, along with many other FORUM publications, can be downloaded from the Project FORUM at NASDSE web address: xxxx://xxx .xxxxxx.xxx/xxxxx.xxx To order a hard copy of this document or any other FORUM publications, please contact Xxxxx Xxxxxxx at NASDSE, 0000 Xxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxx, XX 00000 Ph: 703-519-3800 ext. 312 or Email: xxxxx@xxxxxx.xxx Acknowledgements Project FORUM gratefully acknowledges the following individuals: ▪ Xxxx Xxxxxxx of the National Early Childhood Technical Assistance Center (NECTAC) for assisting with data analysis and write-up of the section on developmental delay; ▪ Xxxxxxx Xxxxxx, retired, formerly of NECTAC at NASDSE for providing editorial feedback on the section on autism; ▪ Xxx Xxxxxxx of the National Research Center on Learning Disabilities (NRCLD) for sharing information on specific learning disability; and ▪ Xxxxxxxx Xxxxxxxx of the American Speech and Hearing Association (ASHA) for providing editorial feedback on the section on speech or language impairment. Their time and expertise enriched the quality and accuracy of the information. Our acknowledgement of these individuals does not necessarily indicate their endorsement of this final document. Table of Contents Purpose 1 Background and Legislation 1 Data Collection and Analysis 2 Organization of Document 4 Findings 5 Autism 5 Overview 5 Terminology 5 Definition 5 Eligibility Criteria 6 Diagnosis or Assessment by Outside Professional 6 Behavioral Indicators 7 Autism-Specific Assessment Instruments 7 Behavioral Assessment 7 Communication Assessment 7 Educational or Developmental Assessment 8 Other Required and Recommended Assessments 8 Use of Qualitative Data 8 Requirements for Team Determining Eligibility 9 Requirements for Medical Involvement 9 Summary 9 Deaf-Blindness Overview 11 Terminology 11 Definition 11 Eligibility Criteria 11 Diagnosis or Assessment by Outside Professional 11 Types and Severity of Visual/Hearing Impairment 13 Communication Assessment 13 Educational or Developmental Assessment 13 Other Required and Recommended Assessments 13 Use of Qualitative Data 14 Requirements for Team Determining Eligibility 14 Requirements for Medical Involvement 14 Summary 14 Deafness 16 Overview 16 Terminology 16 Definition 16 Eligibility Criteria 16 Diagnosis or Assessment by Outside Professional 16 Severity of Impairment 17 Communication Assessment 17 Educational or Developmental Assessment 17 Other Required and Recommended Assessments 17 Use of Qualitative Data 17 Requirements for Team Determining Eligibility 17 Requirements for Medical Involvement 18 Summary 18 Emotional Disturbance 19 Overview 19 Terminology 19 Definition 19 Eligibility Criteria 20 Diagnosis or Assessment by Outside Professional 20 Behavioral Indicators 20 Documentation of Behavior 20 Behavioral/Emotional Assessment 21 Educational or Developmental Assessment 21 Other Required and Recommended Assessments 22 Use of Qualitative Data 22 Requirements for Team Determining Eligibility 22 Requirements for Medical Involvement 23 Summary 23 Hearing Impairment 24 Overview 24 Terminology 24 Definition 24 Eligibility Criteria 24 Diagnosis or Assessment by Outside Professional 24 Type and Severity of Impairment 25 Communication Assessment 25 Educational or Developmental Assessment 26 Other Required and Recommended Assessments 26 Use of Qualitative Data 27 Requirements for Team Determining Eligibility 27 Requirements for Medical Involvement 27 Summary 28 Mental Retardation 29 Overview 29 Terminology 29 Definition 29 Eligibility Criteria 29 Diagnosis or Assessment by Outside Professional 29 Intellectual Assessment 30 Adaptive Behavior Assessment 30 Educational or Developmental Assessment 31 Other Required and Recommended Assessments 31 Use of Qualitative Data 32 Requirements for Team Determining Eligibility 32 Requirements for Medical Involvement 32 Summary 32 Multiple Disabilities 34 Terminology 34 Definition 34 Eligibility Criteria 35 Diagnosis or Assessment by Outside Professional 35 Eligibility Criteria for Two or More Disability Categories 35 Educational or Developmental Assessment 35 Other Required and Recommended Assessments 35 Use of Qualitative Data 36 Requirements for Team Determining Eligibility 36 Requirements for Medical Involvement 36 Summary 36 Orthopedic Impairment 38 Overview 38 Terminology 38 Definition 38 Eligibility Criteria 39 Diagnosis or Assessment by Outside Professional 39 Motor Assessment 39 Educational or Developmental Assessment 39 Other Required and Recommended Assessments 39 Use of Qualitative Data 40 Requirements for Team Determining Eligibility 40 Requirements for Medical Involvement 40 Summary 41 Other Health Impairment 42 Overview 42 Terminology 42 Definition 42 Eligibility Criteria 43 Diagnosis or Assessment by Outside Professional 43 Educational or Developmental Assessment 43 Other Required and Recommended Assessments 43 Use of Qualitative Data 44 Requirements for Team Determining Eligibility 44 Requirements for Medical Involvement 44 Special Consideration of ADD/ADHD 45 Summary 45 Specific Learning Disability 46 Background and Legislation 46 Overview 46 Terminology 47 Definition 47 Eligibility Criteria 47 Diagnosis or Assessment by Outside Professional 48 Intellectual Assessment 48 Educational or Developmental Assessment 48 Determining Discrepancy 49 Other Required and Recommended Assessments 49 Use of Qualitative Data 50 Requirements for Team Determining Eligibility 50 Requirements for Medical Involvement 51 Summary 51 Speech or Language Impairment 52 Overview 52 Terminology 52 Definition 52 Eligibility Criteria 53 Communication Assessment 53 Other Required and Recommended Assessments 53 Language Impairment – Subcategory Requirements 54 Articulation Impairment – Subcategory Requirements 54 Fluency Impairment – Subcategory Requirements 55 Voice Impairment – Subcategory Requirements 56 Use of Qualitative Data 56 Requirements for Team Determining Eligibility 57 Requirements for Medical Involvement 57 Summary 57 Traumatic Brain Injury 59 Overview 59 Terminology 59 Definition 59 Eligibility Criteria 60 Diagnosis or Assessment by Outside Professional 60 Neuropsychological Assessment 60 Adaptive Behavior Assessment 61 Educational or Developmental Assessment 61 Other Required and Recommended Assessments 61 Use of Qualitative Data 62 Requirements for Team Determining Eligibility 62 Requirements for Medical Involvement 63 Summary 63 Visual Impairment Including Blindness 64 Overview 64 Terminology 64 Definition 64 Eligibility Criteria 64 Diagnosis or Assessment by Outside Professional 64 Type and Severity of Impairment 65 Functional Vision Assessment 65 Educational or Developmental Assessment 65 Other Required and Recommended Assessments 66 Use of Qualitative Data 67 Requirements for Team Determining Eligibility 67 Requirements for Medical Involvement 67 Summary 68 Developmental Delay 69 Background and Legislation 69 Terminology 69 Definition 70 Eligibility Criteria 71 Diagnosis or Assessment by Outside Professional 71 Established Risk Conditions 71 Restrictions on Use 72 Developmental Assessment 72 Other Required and Recommended Assessments 72 Use of Qualitative Data 73 Requirements for Team Determining Eligibility 73 Requirements for Medical Involvement 74 Summary 74 Summary 76 Overview 76 Terminology 76 Definitions 76 Eligibility Criteria 77 Use of Qualitative Data 78 Requirements for Team Determining Eligibility 79 Involvement of Medical Professionals 79 Concluding Remarks 80 References 81 Appendix I – Excerpts from Federal Regulations Regarding Evaluations and Reevaluations 82 Appendix II – Excerpts from Federal Regulations Regarding Additional Procedures for Evaluating Children with Specific Learning Disabilities 85 Appendix III – Federal Regulations Related to Developmental Delay for Children Ages 3 Through 9 Years 87 Disability Categories: State Terminology, Definitions and Eligibility Criteria Purpose‌‌ This policy analysis is a comparison of states’ terminology, definitions and eligibility criteria for the 13 required federal disability categories under the Individual with Disabilities Education Act (IDEA): autism, deaf-blindness, deafness, emotional disturbance, hearing impairment, mental retardation, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury and visual impairment including blindness, as well as the one optional disability category: developmental delay. Only those aspects of state law related to eligibility criteria that go beyond federal requirements are described. Project FORUM at the National Association of State Directors of Special Education (NASDSE) carried out this policy analysis as part of its cooperative agreement with the U.S. Department of Education’s Office of Special Education Programs (OSEP). Policymakers may find it useful to compare their states’ terminology, definitions and eligibility criteria with those of other states when contemplating changes to their state special education laws and regulations. This document is intended for use as a resource document and consequently contains detailed information. Each section, however, is designed to stand alone and the reader may choose to refer only to those sections on a disability category of specific interest. However, it is recommended that the reader review the background and legislation, methodology and summary sections, which provide a useful framework for interpreting data contained within this document. Background and Legislation States are currently required by federal law to report annually on the children served under IDEA using the 13 federal disability categories listed above [34 CFR §300.751(c)]. States are also permitted to use subcategories and/or additional disability categories as long as these are converted to the 13 federal categories for reporting. Developmental delay is an optional category that states may chose to use for children age three through nine or some subset of that age range and may also determine eligibility criteria for developmental delay [34 CFR §300.313]. Disability terms and definitions have evolved over time, with new categories being added (most recently autism and traumatic brain injury in 1990 under P.L. 101-476) and minor changes being made to federal terminology (e.g., “learning disabled” being changed to “specific learning disability” also in 1990 under P.L. 101-476) and definitions.1 Federal regulations provide a number of generic criteria for determining eligibility that pertain to all disability categories – most of which were added as part of the 1997 amendments to IDEA (See Appendix I for relevant excerpts from IDEA regulations). With the exception of specific learning disability, federal regulations do not provide any disability category-specific eligibility criteria. According to federal regulations: 1 For a more thorough history of federal legislation regarding disability terms, see: X. Xxxxxx and X. Xxxxxxx (2001), Federal disability terms: A review of state use, published by Project FORUM at NASDSE. This document may be downloaded at xxxx://xxx.xxxxxx.xxx/FORUM/fed_disability_terms.pdf ▪ evaluation must be based on a variety of assessment tools and strategies [34 CFR §300.532(b)]; ▪ assessment tools must be selected and administered so as not to be discriminatory on a racial or cultural basis [34 CFR §300.532(a)(1)(i)]; ▪ any standardized tests must be administered by trained and knowledgeable personnel in accordance with any instructions provided by the producer of tests [34 CFR §300.532(c)(1)(ii)]; ▪ tests must be selected and administered to a child with impaired sensory, manual or speaking skills so that the test accurately reflects the child’s aptitude or achievement levels [34 CFR §300.352(e)]; ▪ no single procedure should be used as the sole criterion for determining whether a child is a child with a disability [34 CFR §300.532(f)]; ▪ assessment should cover all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities [34 CFR §300.532(g)]; and ▪ evaluation must be sufficiently comprehensive to identify all of the child’s education and related services needs [34 CFR §300.532(h)]. Upon completion of assessments and other evaluation procedures, federal regulations state that determination of eligibility must: ▪ be made by a group of qualified professionals and the parent [34 CFR §300.534(a)(1)]; and ▪ draw upon information from a variety of sources, including aptitude and achievement tests, parent input, teacher recommendations, physical condition, social or cultural background, and adaptive behavior [34 CFR §300.535(a)(1)]. Data Collection and Analysis Collection of data took place in three phases. First, Project FORUM staff searched the National State Policy Database2 for information included in state special education regulations on terminology, definitions and eligibility criteria specific to any of the 14 federal disability categories. Second, state education agency websites were searched for any additional information on the federal disability categories (e.g., handbooks or worksheets for determining eligibility). Third, individualized letters were sent to each state describing the information Project FORUM staff was able to find, and requesting that states confirm the accuracy of this information and supply any additional or missing information as appropriate. For the category of specific learning disability, supplemental information on definitions and eligibility was included based on research conducted at the National Research Center on Learning Disabilities (NRCLD) (Xxxxxxx, Hosp, & Xxxxxxx, 2003), and for the category of developmental delay, supplemental information on definitions and eligibility was provided by the National Early Childhood Technical Assistance Center (NECTAC) (Xxxxxxx, 2003).

Department of Education. The project carries out a variety of activities that provide information needed for program improvement, and promote the utilization of research data and other information for improving outcomes for students with disabilities. The project also provides technical assistance and information on emerging issues, and convenes small work groups to gather expert input, obtain feedback and develop conceptual frameworks related to critical topics in special education. This report was supported by the U.S. Department of Education (Cooperative Agreement No. H326F000001H159K70002). However, the opinions expressed herein do not necessarily reflect the position of the U.S. Department of Education, and no official endorsement by the Department should be inferred. Note: There are no copyright restrictions on this document; however, please credit the source and support of federal funds when copying all or part of this material. This document, along with many other FORUM publications, can be downloaded from the Project FORUM at NASDSE web address: xxxx://xxx .xxxxxx.xxx/xxxxx.xxx xxxx://xx x.xxxxxx.xxx/xxxxx.xxx To order a hard copy of this document or any other FORUM publications, please contact Xxxxx Xxxxxxx at 703-519-3800 ext. 312 or NASDSE, 0000 Xxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxx, XX 00000 Ph: 703-519-3800 ext. 312 or Email: xxxxx@xxxxxx.xxx Acknowledgements Project FORUM gratefully acknowledges extends its sincere appreciation to the following individuals: ▪ Xxxx Xxxxxxx individuals listed below who reviewed and commented on an earlier draft of the National Early Childhood Technical Assistance Center (NECTAC) for assisting with data analysis and write-up of the section on developmental delay; ▪ Xxxxxxx Xxxxxx, retired, formerly of NECTAC at NASDSE for providing editorial feedback on the section on autism; ▪ Xxx Xxxxxxx of the National Research Center on Learning Disabilities (NRCLD) for sharing information on specific learning disability; and ▪ Xxxxxxxx Xxxxxxxx of the American Speech and Hearing Association (ASHA) for providing editorial feedback on the section on speech or language impairmentthis document. Their time and expertise enriched efforts have served to enrich the quality and accuracy of the information. Our acknowledgement of these individuals their involvement does not necessarily indicate their endorsement of this final document. Xxxx Xxxxxxxxx Director Office for Exceptional Children Ohio Department of Education Columbus, OH Xxx Xxxxxx Educational Consultant Western Regional Resource Center University of Oregon Eugene, OR Table of Contents Background and Purpose 1 Background Federal Monitoring of States 1 Continuous Improvement Monitoring Process (CIMP) 1 Focused Monitoring 2 State Monitoring of LEAs 3 Analysis of Survey Results 3 Monitoring Approach 3 General Approach 3 Influence of CIMP 4 Focused Monitoring 4 Monitoring Scope and Legislation 1 Data Collection Personnel 5 Entities Monitored 5 Monitoring Personnel 6 The Monitoring Process: Specific Characteristics/Areas of Change 6 Monitoring Cycle 6 Self-assessments 6 Including Quality and Analysis 2 Organization Outcome Measures 7 Participation on State Monitoring Teams 7 Coordinating Monitoring with Part C of Document 4 Findings 5 Autism 5 Overview 5 Terminology 5 Definition 5 Eligibility Criteria 6 Diagnosis or Assessment by Outside Professional 6 Behavioral Indicators IDEA 7 Autism-Specific Assessment Instruments 7 Behavioral Assessment 7 Communication Assessment 7 Educational or Developmental Assessment 8 Consolidating Monitoring with Other Required and Recommended Assessments 8 Use of Qualitative Data 8 Requirements for Team Determining Eligibility 9 Requirements for Medical Involvement 9 Summary 9 Deaf-Blindness Overview 11 Terminology 11 Definition 11 Eligibility Criteria 11 Diagnosis or Assessment by Outside Professional 11 Types and Severity of Visual/Hearing Impairment 13 Communication Assessment 13 Educational or Developmental Assessment 13 Other Required and Recommended Assessments 13 Use of Qualitative Data 14 Requirements for Team Determining Eligibility 14 Requirements for Medical Involvement 14 Summary 14 Deafness 16 Overview 16 Terminology 16 Definition 16 Eligibility Criteria 16 Diagnosis or Assessment by Outside Professional 16 Severity of Impairment 17 Communication Assessment 17 Educational or Developmental Assessment 17 Other Required and Recommended Assessments 17 Use of Qualitative Data 17 Requirements for Team Determining Eligibility 17 Requirements for Medical Involvement 18 Summary 18 Emotional Disturbance 19 Overview 19 Terminology 19 Definition 19 Eligibility Criteria 20 Diagnosis or Assessment by Outside Professional 20 Behavioral Indicators 20 Documentation of Behavior 20 Behavioral/Emotional Assessment 21 Educational or Developmental Assessment 21 Other Required and Recommended Assessments 22 Use of Qualitative Data 22 Requirements for Team Determining Eligibility 22 Requirements for Medical Involvement 23 Summary 23 Hearing Impairment 24 Overview 24 Terminology 24 Definition 24 Eligibility Criteria 24 Diagnosis or Assessment by Outside Professional 24 Type and Severity of Impairment 25 Communication Assessment 25 Educational or Developmental Assessment 26 Other Required and Recommended Assessments 26 Use of Qualitative Data 27 Requirements for Team Determining Eligibility 27 Requirements for Medical Involvement 27 Summary 28 Mental Retardation 29 Overview 29 Terminology 29 Definition 29 Eligibility Criteria 29 Diagnosis or Assessment by Outside Professional 29 Intellectual Assessment 30 Adaptive Behavior Assessment 30 Educational or Developmental Assessment 31 Other Required and Recommended Assessments 31 Use of Qualitative Data 32 Requirements for Team Determining Eligibility 32 Requirements for Medical Involvement 32 Summary 32 Multiple Disabilities 34 Terminology 34 Definition 34 Eligibility Criteria 35 Diagnosis or Assessment by Outside Professional 35 Eligibility Criteria for Two or More Disability Categories 35 Educational or Developmental Assessment 35 Other Required and Recommended Assessments 35 Use of Qualitative Data 36 Requirements for Team Determining Eligibility 36 Requirements for Medical Involvement 36 Summary 36 Orthopedic Impairment 38 Overview 38 Terminology 38 Definition 38 Eligibility Criteria 39 Diagnosis or Assessment by Outside Professional 39 Motor Assessment 39 Educational or Developmental Assessment 39 Other Required and Recommended Assessments 39 Use of Qualitative Data 40 Requirements for Team Determining Eligibility 40 Requirements for Medical Involvement 40 Summary 41 Other Health Impairment 42 Overview 42 Terminology 42 Definition 42 Eligibility Criteria 43 Diagnosis or Assessment by Outside Professional 43 Educational or Developmental Assessment 43 Other Required and Recommended Assessments 43 Use of Qualitative Data 44 Requirements for Team Determining Eligibility 44 Requirements for Medical Involvement 44 Special Consideration of ADD/ADHD 45 Summary 45 Specific Learning Disability 46 Background and Legislation 46 Overview 46 Terminology 47 Definition 47 Eligibility Criteria 47 Diagnosis or Assessment by Outside Professional 48 Intellectual Assessment 48 Educational or Developmental Assessment 48 Determining Discrepancy 49 Other Required and Recommended Assessments 49 Use of Qualitative Data 50 Requirements for Team Determining Eligibility 50 Requirements for Medical Involvement 51 Summary 51 Speech or Language Impairment 52 Overview 52 Terminology 52 Definition 52 Eligibility Criteria 53 Communication Assessment 53 Other Required and Recommended Assessments 53 Language Impairment – Subcategory Requirements 54 Articulation Impairment – Subcategory Requirements 54 Fluency Impairment – Subcategory Requirements 55 Voice Impairment – Subcategory Requirements 56 Use of Qualitative Data 56 Requirements for Team Determining Eligibility 57 Requirements for Medical Involvement 57 Summary 57 Traumatic Brain Injury 59 Overview 59 Terminology 59 Definition 59 Eligibility Criteria 60 Diagnosis or Assessment by Outside Professional 60 Neuropsychological Assessment 60 Adaptive Behavior Assessment 61 Educational or Developmental Assessment 61 Other Required and Recommended Assessments 61 Use of Qualitative Data 62 Requirements for Team Determining Eligibility 62 Requirements for Medical Involvement 63 Summary 63 Visual Impairment Including Blindness 64 Overview 64 Terminology 64 Definition 64 Eligibility Criteria 64 Diagnosis or Assessment by Outside Professional 64 Type and Severity of Impairment 65 Functional Vision Assessment 65 Educational or Developmental Assessment 65 Other Required and Recommended Assessments 66 Use of Qualitative Data 67 Requirements for Team Determining Eligibility 67 Requirements for Medical Involvement 67 Summary 68 Developmental Delay 69 Background and Legislation 69 Terminology 69 Definition 70 Eligibility Criteria 71 Diagnosis or Assessment by Outside Professional 71 Established Risk Conditions 71 Restrictions on Use 72 Developmental Assessment 72 Other Required and Recommended Assessments 72 Use of Qualitative Data 73 Requirements for Team Determining Eligibility 73 Requirements for Medical Involvement 74 Summary 74 Summary 76 Overview 76 Terminology 76 Definitions 76 Eligibility Criteria 77 Use of Qualitative Data 78 Requirements for Team Determining Eligibility 79 Involvement of Medical Professionals 79 Concluding Remarks 80 References 81 Appendix I – Excerpts from Federal Regulations Regarding Evaluations and Reevaluations 82 Appendix II – Excerpts from Federal Regulations Regarding Additional Procedures for Evaluating Children with Specific Learning Disabilities 85 Appendix III – Federal Regulations Related to Developmental Delay for Children Ages 3 Through 9 Years 87 Disability Categories: State Terminology, Definitions and Eligibility Criteria Purpose‌‌ This policy analysis is a comparison of states’ terminology, definitions and eligibility criteria for the 13 required federal disability categories under the Individual with Disabilities Education Act (IDEA): autism, deaf-blindness, deafness, emotional disturbance, hearing impairment, mental retardation, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury and visual impairment including blindness, as well as the one optional disability category: developmental delay. Only those aspects of state law related to eligibility criteria that go beyond federal requirements are described. Project FORUM at the National Association of State Directors of Special Education (NASDSE) carried out this policy analysis as part of its cooperative agreement with the U.S. Department of Education’s Office of Special Education Programs (OSEP). Policymakers may find it useful to compare their states’ terminology, definitions 8 Sanctions and eligibility criteria with those of other states when contemplating changes to their state special education laws and regulations. This document is intended for use as a resource document and consequently contains detailed information. Each section, however, is designed to stand alone and the reader may choose to refer only to those sections on a disability category of specific interest. However, it is recommended that the reader review the background and legislation, methodology and summary sections, which provide a useful framework for interpreting data contained within this document. Background and Legislation States are currently required by federal law to report annually on the children served under IDEA using the 13 federal disability categories listed above [34 CFR §300.751(c)]. States are also permitted to use subcategories and/or additional disability categories as long as these are converted to the 13 federal categories for reporting. Developmental delay is an optional category that states may chose to use for children age three through nine or some subset of that age range and may also determine eligibility criteria for developmental delay [34 CFR §300.313]. Disability terms and definitions have evolved over time, with new categories being added (most recently autism and traumatic brain injury in 1990 under P.L. 101-476) and minor changes being made to federal terminology (e.g., “learning disabled” being changed to “specific learning disability” also in 1990 under P.L. 101-476) and definitions.1 Federal regulations provide a number of generic criteria for determining eligibility that pertain to all disability categories – most of which were added as part of the 1997 amendments to IDEA (See Appendix I for relevant excerpts from IDEA regulations). With the exception of specific learning disability, federal regulations do not provide any disability category-specific eligibility criteria. According to federal regulations: 1 For a more thorough history of federal legislation regarding disability terms, see: X. Xxxxxx and X. Xxxxxxx (2001), Federal disability terms: A review of state use, published by Project FORUM at NASDSE. This document may be downloaded at xxxx://xxx.xxxxxx.xxx/FORUM/fed_disability_terms.pdf ▪ evaluation must be based on a variety of assessment tools and strategies [34 CFR §300.532(b)]; ▪ assessment tools must be selected and administered so as not to be discriminatory on a racial or cultural basis [34 CFR §300.532(a)(1)(i)]; ▪ any standardized tests must be administered by trained and knowledgeable personnel in accordance with any instructions provided by the producer of tests [34 CFR §300.532(c)(1)(ii)]; ▪ tests must be selected and administered to a child with impaired sensory, manual or speaking skills so that the test accurately reflects the child’s aptitude or achievement levels [34 CFR §300.352(e)]; ▪ no single procedure should be used as the sole criterion for determining whether a child is a child with a disability [34 CFR §300.532(f)]; ▪ assessment should cover all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities [34 CFR §300.532(g)]; and ▪ evaluation must be sufficiently comprehensive to identify all of the child’s education and related services needs [34 CFR §300.532(h)]. Upon completion of assessments and other evaluation procedures, federal regulations state that determination of eligibility must: ▪ be made by a group of qualified professionals and the parent [34 CFR §300.534(a)(1)]; and ▪ draw upon information from a variety of sources, including aptitude and achievement tests, parent input, teacher recommendations, physical condition, social or cultural background, and adaptive behavior [34 CFR §300.535(a)(1)]. Data Collection and Analysis Collection of data took place in three phases. First, Project FORUM staff searched the National State Policy Database2 for information included in state special education regulations on terminology, definitions and eligibility criteria specific to any of the 14 federal disability categories. Second, state education agency websites were searched for any additional information on the federal disability categories (e.g., handbooks or worksheets for determining eligibility). Third, individualized letters were sent to each state describing the information Project FORUM staff was able to find, and requesting that states confirm the accuracy of this information and supply any additional or missing information as appropriate. For the category of specific learning disability, supplemental information on definitions and eligibility was included based on research conducted at the National Research Center on Learning Disabilities (NRCLD) (Xxxxxxx, Hosp, & Xxxxxxx, 2003), and for the category of developmental delay, supplemental information on definitions and eligibility was provided by the National Early Childhood Technical Assistance Center (NECTAC) (Xxxxxxx, 2003).Enforcement Strategies 8

Department of Education. The project carries out a variety of activities that provide information needed for program improvement, improvement and promote the utilization of research data and other information for improving outcomes for students with disabilities. The project also provides technical assistance and information on emerging issues, issues and convenes small work groups to gather expert input, obtain feedback and develop conceptual frameworks related to critical topics in special education. The Consortium for Appropriate Dispute Resolution in Special Education (CADRE) at Direction Service, Inc., is funded by the Office of Special Education Programs at the US Department of Education to serve as the National Center on Dispute Resolution in Special Education. CADRE works to increase the nation’s capacity to effectively resolve special education disputes, reducing the use of expensive adversarial processes. For more information about CADRE and special education dispute resolution visit: xxxx://xxx.xxxxxxxxxxxxxxxx.xxx/cadre This report was supported by the U.S. Department of Education (Cooperative Agreement Agreements No. H326F000001H326F050001 and H326D030001). However, the opinions expressed herein do not necessarily reflect the position of the U.S. Department of Education, and no official endorsement by the Department should be inferred. Note: There are no copyright restrictions on this document; however, please credit the source and support of federal funds when copying all or part of this material. This document, along with many other FORUM Forum publications, can be downloaded from the Project FORUM Forum at NASDSE web address: xxxx://xxx .xxxxxx.xxx/xxxxx.xxx xxxx://xxx.xxxxxxxxxxxx.xxx To order a hard copy of this document or any other FORUM Forum publications, please contact Xxxxx Xxxxxxx Xxxxxx at NASDSE, 0000 Xxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxx, XX 00000 Ph: 703-519-3800 ext. 312 326 or Email: xxxxx@xxxxxx.xxx Acknowledgements xxxxx.xxxxxx@xxxxxx.xxx This document is available in alternative formats. For details please contact Project FORUM gratefully acknowledges the following individuals: ▪ Xxxx Xxxxxxx of the National Early Childhood Technical Assistance Center (NECTAC) for assisting with data analysis and writeForum staff at 703.519.3800 Year 3 Deliverable 3-up of the section on developmental delay; ▪ Xxxxxxx Xxxxxx, retired, formerly of NECTAC at NASDSE for providing editorial feedback on the section on autism; ▪ Xxx Xxxxxxx of the National Research Center on Learning Disabilities (NRCLD) for sharing information on specific learning disability; and ▪ Xxxxxxxx Xxxxxxxx of the American Speech and Hearing Association (ASHA) for providing editorial feedback on the section on speech or language impairment. Their time and expertise enriched the quality and accuracy of the information. Our acknowledgement of these individuals does not necessarily indicate their endorsement of this final document. 3B Table of Contents Purpose METHODOLOGY 1 Background and Legislation 1 Data Collection and Analysis FINDINGS. 2 Organization of Document CONFLICT RESOLUTION SKILLS TRAINING 2 STAKEHOLDER MANAGEMENT OR OVERSIGHT COUNCILS 4 Findings PARENT-TO-PARENT ASSISTANCE 5 Autism DISPUTE RESOLUTION CASE MANAGERS 5 Overview 5 Terminology 5 Definition 5 Eligibility Criteria TELEPHONE INTERMEDIARY 6 Diagnosis or Assessment by Outside Professional 6 Behavioral Indicators IEP FACILITATION 7 AutismNON-Specific Assessment Instruments 7 Behavioral Assessment 7 Communication Assessment 7 Educational or Developmental Assessment IDEA MEDIATION 8 Other Required and Recommended Assessments 8 Use of Qualitative Data 8 Requirements for Team Determining Eligibility THIRD-PARTY OPINION OR CONSULTATION PROCESSES 9 Requirements for Medical Involvement EARLY COMPLAINT RESOLUTION 9 Summary 9 Deaf-Blindness Overview RESOLUTION MEETING FACILITATION 10 FACTORS THAT IMPACT USE OF ADR PROCESSES 11 Terminology FACTORS THAT SUPPORT ADR 11 Definition 11 Eligibility Criteria 11 Diagnosis or Assessment by Outside Professional 11 Types and Severity of Visual/Hearing Impairment 13 Communication Assessment 13 Educational or Developmental Assessment 13 Other Required and Recommended Assessments 13 Use of Qualitative Data 14 Requirements for Team Determining Eligibility 14 Requirements for Medical Involvement 14 Summary 14 Deafness 16 Overview 16 Terminology 16 Definition 16 Eligibility Criteria 16 Diagnosis or Assessment by Outside Professional 16 Severity of Impairment 17 Communication Assessment 17 Educational or Developmental Assessment 17 Other Required and Recommended Assessments 17 Use of Qualitative Data 17 Requirements for Team Determining Eligibility 17 Requirements for Medical Involvement 18 Summary 18 Emotional Disturbance 19 Overview 19 Terminology 19 Definition 19 Eligibility Criteria 20 Diagnosis or Assessment by Outside Professional 20 Behavioral Indicators 20 Documentation of Behavior 20 Behavioral/Emotional Assessment 21 Educational or Developmental Assessment 21 Other Required and Recommended Assessments 22 Use of Qualitative Data 22 Requirements for Team Determining Eligibility 22 Requirements for Medical Involvement 23 Summary 23 Hearing Impairment 24 Overview 24 Terminology 24 Definition 24 Eligibility Criteria 24 Diagnosis or Assessment by Outside Professional 24 Type and Severity of Impairment 25 Communication Assessment 25 Educational or Developmental Assessment 26 Other Required and Recommended Assessments 26 Use of Qualitative Data 27 Requirements for Team Determining Eligibility 27 Requirements for Medical Involvement 27 Summary 28 Mental Retardation 29 Overview 29 Terminology 29 Definition 29 Eligibility Criteria 29 Diagnosis or Assessment by Outside Professional 29 Intellectual Assessment 30 Adaptive Behavior Assessment 30 Educational or Developmental Assessment 31 Other Required and Recommended Assessments 31 Use of Qualitative Data 32 Requirements for Team Determining Eligibility 32 Requirements for Medical Involvement 32 Summary 32 Multiple Disabilities 34 Terminology 34 Definition 34 Eligibility Criteria 35 Diagnosis or Assessment by Outside Professional 35 Eligibility Criteria for Two or More Disability Categories 35 Educational or Developmental Assessment 35 Other Required and Recommended Assessments 35 Use of Qualitative Data 36 Requirements for Team Determining Eligibility 36 Requirements for Medical Involvement 36 Summary 36 Orthopedic Impairment 38 Overview 38 Terminology 38 Definition 38 Eligibility Criteria 39 Diagnosis or Assessment by Outside Professional 39 Motor Assessment 39 Educational or Developmental Assessment 39 Other Required and Recommended Assessments 39 Use of Qualitative Data 40 Requirements for Team Determining Eligibility 40 Requirements for Medical Involvement 40 Summary 41 Other Health Impairment 42 Overview 42 Terminology 42 Definition 42 Eligibility Criteria 43 Diagnosis or Assessment by Outside Professional 43 Educational or Developmental Assessment 43 Other Required and Recommended Assessments 43 Use of Qualitative Data 44 Requirements for Team Determining Eligibility 44 Requirements for Medical Involvement 44 Special Consideration of ADD/ADHD 45 Summary 45 Specific Learning Disability 46 Background and Legislation 46 Overview 46 Terminology 47 Definition 47 Eligibility Criteria 47 Diagnosis or Assessment by Outside Professional 48 Intellectual Assessment 48 Educational or Developmental Assessment 48 Determining Discrepancy 49 Other Required and Recommended Assessments 49 Use of Qualitative Data 50 Requirements for Team Determining Eligibility 50 Requirements for Medical Involvement 51 Summary 51 Speech or Language Impairment 52 Overview 52 Terminology 52 Definition 52 Eligibility Criteria 53 Communication Assessment 53 Other Required and Recommended Assessments 53 Language Impairment – Subcategory Requirements 54 Articulation Impairment – Subcategory Requirements 54 Fluency Impairment – Subcategory Requirements 55 Voice Impairment – Subcategory Requirements 56 Use of Qualitative Data 56 Requirements for Team Determining Eligibility 57 Requirements for Medical Involvement 57 Summary 57 Traumatic Brain Injury 59 Overview 59 Terminology 59 Definition 59 Eligibility Criteria 60 Diagnosis or Assessment by Outside Professional 60 Neuropsychological Assessment 60 Adaptive Behavior Assessment 61 Educational or Developmental Assessment 61 Other Required and Recommended Assessments 61 Use of Qualitative Data 62 Requirements for Team Determining Eligibility 62 Requirements for Medical Involvement 63 Summary 63 Visual Impairment Including Blindness 64 Overview 64 Terminology 64 Definition 64 Eligibility Criteria 64 Diagnosis or Assessment by Outside Professional 64 Type and Severity of Impairment 65 Functional Vision Assessment 65 Educational or Developmental Assessment 65 Other Required and Recommended Assessments 66 Use of Qualitative Data 67 Requirements for Team Determining Eligibility 67 Requirements for Medical Involvement 67 Summary 68 Developmental Delay 69 Background and Legislation 69 Terminology 69 Definition 70 Eligibility Criteria 71 Diagnosis or Assessment by Outside Professional 71 Established Risk Conditions 71 Restrictions on Use 72 Developmental Assessment 72 Other Required and Recommended Assessments 72 Use of Qualitative Data 73 Requirements for Team Determining Eligibility 73 Requirements for Medical Involvement 74 Summary 74 Summary 76 Overview 76 Terminology 76 Definitions 76 Eligibility Criteria 77 Use of Qualitative Data 78 Requirements for Team Determining Eligibility 79 Involvement of Medical Professionals 79 Concluding Remarks 80 References 81 Appendix I – Excerpts from Federal Regulations Regarding Evaluations and Reevaluations 82 Appendix II – Excerpts from Federal Regulations Regarding Additional Procedures for Evaluating Children with Specific Learning Disabilities 85 Appendix III – Federal Regulations Related to Developmental Delay for Children Ages 3 Through 9 Years 87 Disability Categories: State Terminology, Definitions and Eligibility Criteria Purpose‌‌ This policy analysis is a comparison of states’ terminology, definitions and eligibility criteria for the 13 required federal disability categories under the Individual with Disabilities Education Act (IDEA): autism, deaf-blindness, deafness, emotional disturbance, hearing impairment, mental retardation, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury and visual impairment including blindness, as well as the one optional disability category: developmental delay. Only those aspects of state law related to eligibility criteria that go beyond federal requirements are described. Project FORUM at the National Association of State Directors of Special Education (NASDSE) carried out this policy analysis as part of its cooperative agreement with the U.S. Department of Education’s Office of Special Education Programs (OSEP). Policymakers may find it useful to compare their states’ terminology, definitions and eligibility criteria with those of other states when contemplating changes to their state special education laws and regulations. This document is intended for use as a resource document and consequently contains detailed information. Each section, however, is designed to stand alone and the reader may choose to refer only to those sections on a disability category of specific interest. However, it is recommended that the reader review the background and legislation, methodology and summary sections, which provide a useful framework for interpreting data contained within this document. Background and Legislation States are currently required by federal law to report annually on the children served under IDEA using the 13 federal disability categories listed above [34 CFR §300.751(c)]. States are also permitted to use subcategories and/or additional disability categories as long as these are converted to the 13 federal categories for reporting. Developmental delay is an optional category that states may chose to use for children age three through nine or some subset of that age range and may also determine eligibility criteria for developmental delay [34 CFR §300.313]. Disability terms and definitions have evolved over time, with new categories being added (most recently autism and traumatic brain injury in 1990 under P.L. 101-476) and minor changes being made to federal terminology (e.g., “learning disabled” being changed to “specific learning disability” also in 1990 under P.L. 101-476) and definitions.1 Federal regulations provide a number of generic criteria for determining eligibility that pertain to all disability categories – most of which were added as part of the 1997 amendments to IDEA (See Appendix I for relevant excerpts from IDEA regulations). With the exception of specific learning disability, federal regulations do not provide any disability category-specific eligibility criteria. According to federal regulations: 1 For a more thorough history of federal legislation regarding disability terms, see: X. Xxxxxx and X. Xxxxxxx (2001), Federal disability terms: A review of state use, published by Project FORUM at NASDSE. This document may be downloaded at xxxx://xxx.xxxxxx.xxx/FORUM/fed_disability_terms.pdf ▪ evaluation must be based on a variety of assessment tools and strategies [34 CFR §300.532(b)]; ▪ assessment tools must be selected and administered so as not to be discriminatory on a racial or cultural basis [34 CFR §300.532(a)(1)(i)]; ▪ any standardized tests must be administered by trained and knowledgeable personnel in accordance with any instructions provided by the producer of tests [34 CFR §300.532(c)(1)(ii)]; ▪ tests must be selected and administered to a child with impaired sensory, manual or speaking skills so that the test accurately reflects the child’s aptitude or achievement levels [34 CFR §300.352(e)]; ▪ no single procedure should be used as the sole criterion for determining whether a child is a child with a disability [34 CFR §300.532(f)]; ▪ assessment should cover all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities [34 CFR §300.532(g)]; and ▪ evaluation must be sufficiently comprehensive to identify all of the child’s education and related services needs [34 CFR §300.532(h)]. Upon completion of assessments and other evaluation procedures, federal regulations state that determination of eligibility must: ▪ be made by a group of qualified professionals and the parent [34 CFR §300.534(a)(1)]; and ▪ draw upon information from a variety of sources, including aptitude and achievement tests, parent input, teacher recommendations, physical condition, social or cultural background, and adaptive behavior [34 CFR §300.535(a)(1)]. Data Collection and Analysis Collection of data took place in three phases. First, Project FORUM staff searched the National State Policy Database2 for information included in state special education regulations on terminology, definitions and eligibility criteria specific to any of the 14 federal disability categories. Second, state education agency websites were searched for any additional information on the federal disability categories (e.g., handbooks or worksheets for determining eligibility). Third, individualized letters were sent to each state describing the information Project FORUM staff was able to find, and requesting that states confirm the accuracy of this information and supply any additional or missing information as appropriate. For the category of specific learning disability, supplemental information on definitions and eligibility was included based on research conducted at the National Research Center on Learning Disabilities (NRCLD) (Xxxxxxx, Hosp, & Xxxxxxx, 2003), and for the category of developmental delay, supplemental information on definitions and eligibility was provided by the National Early Childhood Technical Assistance Center (NECTAC) (Xxxxxxx, 2003).FACTORS THAT BOTH FACILITATE AND CHALLENGE THE IMPLEMENTATION OF ADR 12 FACTORS THAT CHALLENGE ADR 12

Department of Education. The project carries out a variety of activities that provide information needed for program improvement, improvement and promote the utilization of research data and other information for improving outcomes for students with disabilities. The project also provides technical assistance and information on emerging issues, issues and convenes small work groups to gather expert input, obtain feedback and develop conceptual frameworks related to critical topics in special education. This report was supported by the U.S. Department of Education (Cooperative Agreement No. H326F000001). However, the opinions expressed herein do not necessarily reflect the position of the U.S. Department of Education, Education and no official endorsement by the Department should be inferred. Note: There are no copyright restrictions on this document; however, please credit the source and support of federal funds when copying all or part of this material. This document, along with many other FORUM Project Forum publications, can be downloaded from the Project FORUM Forum at NASDSE web address: xxxx://xxx .xxxxxx.xxx/xxxxx.xxx xxxx://xxx.xxxxxxxxxxxx.xxx To order a hard copy of this document or any other FORUM Project Forum publications, please contact Xxxxx Xxxxxxx at NASDSE, 0000 Xxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxx, XX 00000 Ph: 703-519-3800 ext. 312 326 or Email: xxxxx@xxxxxx.xxx Acknowledgements xxxxx.xxxxxx@xxxxxx.xxx This document is available in alternative formats. For details please contact Project FORUM gratefully acknowledges the following individuals: ▪ Xxxx Xxxxxxx of the National Early Childhood Technical Assistance Center (NECTAC) for assisting with data analysis and writeForum staff at 000-up of the section on developmental delay; ▪ Xxxxxxx Xxxxxx, retired, formerly of NECTAC at NASDSE for providing editorial feedback on the section on autism; ▪ Xxx Xxxxxxx of the National Research Center on Learning Disabilities (NRCLD) for sharing information on specific learning disability; and ▪ Xxxxxxxx Xxxxxxxx of the American Speech and Hearing Association (ASHA) for providing editorial feedback on the section on speech or language impairment. Their time and expertise enriched the quality and accuracy of the information. Our acknowledgement of these individuals does not necessarily indicate their endorsement of this final document. 000-0000 Year 5 Deliverable 1-6B Table of Contents Purpose INTRODUCTION 1 Background STEPS IN DEVELOPING STANDARDS-BASED IEPs 1 APPLICATION OF THE STEP-BY-STEP PROCESS 3 Applying Steps 1 and Legislation 2 for Xxxxxxx 4 Applying Step 3 for Xxxxxxx 5 Applying Step 4 for Xxxxxxx 5 Applying Step 5 for Xxxxxxx 6 Applying Step 6 for Xxxxxxx 6 Applying Step 7 for Xxxxxxx 7 Applying Steps 1 Data Collection and Analysis 2 Organization for Kimi 7 Applying Step 3 for Kimi 8 Applying Step 4 for Kimi 9 Applying Step 5 for Kimi 9 Applying Step 6 for Kimi 10 Applying Step 7 for Kimi 10 CONCLUDING REMARKS 11 APPENDIX 12 Standards-Based Individualized Education Program Examples INTRODUCTION With increasing accountability for improving the academic achievement for students with disabilities, school-based professionals have become more invested in the development and use of Document 4 Findings 5 Autism 5 Overview 5 Terminology 5 Definition 5 Eligibility Criteria 6 Diagnosis or Assessment by Outside Professional 6 Behavioral Indicators 7 Autismstandards-Specific Assessment Instruments 7 Behavioral Assessment 7 Communication Assessment 7 Educational or Developmental Assessment 8 Other Required and Recommended Assessments 8 Use based Individualized Education Programs (IEPs). The interest partially stems from the federal requirement of Qualitative Data 8 Requirements for Team Determining Eligibility 9 Requirements for Medical Involvement 9 Summary 9 Deaf-Blindness Overview 11 Terminology 11 Definition 11 Eligibility Criteria 11 Diagnosis or Assessment by Outside Professional 11 Types and Severity of Visual/Hearing Impairment 13 Communication Assessment 13 Educational or Developmental Assessment 13 Other Required and Recommended Assessments 13 Use of Qualitative Data 14 Requirements for Team Determining Eligibility 14 Requirements for Medical Involvement 14 Summary 14 Deafness 16 Overview 16 Terminology 16 Definition 16 Eligibility Criteria 16 Diagnosis or Assessment by Outside Professional 16 Severity of Impairment 17 Communication Assessment 17 Educational or Developmental Assessment 17 Other Required and Recommended Assessments 17 Use of Qualitative Data 17 Requirements for Team Determining Eligibility 17 Requirements for Medical Involvement 18 Summary 18 Emotional Disturbance 19 Overview 19 Terminology 19 Definition 19 Eligibility Criteria 20 Diagnosis or Assessment by Outside Professional 20 Behavioral Indicators 20 Documentation of Behavior 20 Behavioral/Emotional Assessment 21 Educational or Developmental Assessment 21 Other Required and Recommended Assessments 22 Use of Qualitative Data 22 Requirements for Team Determining Eligibility 22 Requirements for Medical Involvement 23 Summary 23 Hearing Impairment 24 Overview 24 Terminology 24 Definition 24 Eligibility Criteria 24 Diagnosis or Assessment by Outside Professional 24 Type and Severity of Impairment 25 Communication Assessment 25 Educational or Developmental Assessment 26 Other Required and Recommended Assessments 26 Use of Qualitative Data 27 Requirements for Team Determining Eligibility 27 Requirements for Medical Involvement 27 Summary 28 Mental Retardation 29 Overview 29 Terminology 29 Definition 29 Eligibility Criteria 29 Diagnosis or Assessment by Outside Professional 29 Intellectual Assessment 30 Adaptive Behavior Assessment 30 Educational or Developmental Assessment 31 Other Required and Recommended Assessments 31 Use of Qualitative Data 32 Requirements for Team Determining Eligibility 32 Requirements for Medical Involvement 32 Summary 32 Multiple Disabilities 34 Terminology 34 Definition 34 Eligibility Criteria 35 Diagnosis or Assessment by Outside Professional 35 Eligibility Criteria for Two or More Disability Categories 35 Educational or Developmental Assessment 35 Other Required and Recommended Assessments 35 Use of Qualitative Data 36 Requirements for Team Determining Eligibility 36 Requirements for Medical Involvement 36 Summary 36 Orthopedic Impairment 38 Overview 38 Terminology 38 Definition 38 Eligibility Criteria 39 Diagnosis or Assessment by Outside Professional 39 Motor Assessment 39 Educational or Developmental Assessment 39 Other Required and Recommended Assessments 39 Use of Qualitative Data 40 Requirements for Team Determining Eligibility 40 Requirements for Medical Involvement 40 Summary 41 Other Health Impairment 42 Overview 42 Terminology 42 Definition 42 Eligibility Criteria 43 Diagnosis or Assessment by Outside Professional 43 Educational or Developmental Assessment 43 Other Required and Recommended Assessments 43 Use of Qualitative Data 44 Requirements for Team Determining Eligibility 44 Requirements for Medical Involvement 44 Special Consideration of ADD/ADHD 45 Summary 45 Specific Learning Disability 46 Background and Legislation 46 Overview 46 Terminology 47 Definition 47 Eligibility Criteria 47 Diagnosis or Assessment by Outside Professional 48 Intellectual Assessment 48 Educational or Developmental Assessment 48 Determining Discrepancy 49 Other Required and Recommended Assessments 49 Use of Qualitative Data 50 Requirements for Team Determining Eligibility 50 Requirements for Medical Involvement 51 Summary 51 Speech or Language Impairment 52 Overview 52 Terminology 52 Definition 52 Eligibility Criteria 53 Communication Assessment 53 Other Required and Recommended Assessments 53 Language Impairment – Subcategory Requirements 54 Articulation Impairment – Subcategory Requirements 54 Fluency Impairment – Subcategory Requirements 55 Voice Impairment – Subcategory Requirements 56 Use of Qualitative Data 56 Requirements for Team Determining Eligibility 57 Requirements for Medical Involvement 57 Summary 57 Traumatic Brain Injury 59 Overview 59 Terminology 59 Definition 59 Eligibility Criteria 60 Diagnosis or Assessment by Outside Professional 60 Neuropsychological Assessment 60 Adaptive Behavior Assessment 61 Educational or Developmental Assessment 61 Other Required and Recommended Assessments 61 Use of Qualitative Data 62 Requirements for Team Determining Eligibility 62 Requirements for Medical Involvement 63 Summary 63 Visual Impairment Including Blindness 64 Overview 64 Terminology 64 Definition 64 Eligibility Criteria 64 Diagnosis or Assessment by Outside Professional 64 Type and Severity of Impairment 65 Functional Vision Assessment 65 Educational or Developmental Assessment 65 Other Required and Recommended Assessments 66 Use of Qualitative Data 67 Requirements for Team Determining Eligibility 67 Requirements for Medical Involvement 67 Summary 68 Developmental Delay 69 Background and Legislation 69 Terminology 69 Definition 70 Eligibility Criteria 71 Diagnosis or Assessment by Outside Professional 71 Established Risk Conditions 71 Restrictions on Use 72 Developmental Assessment 72 Other Required and Recommended Assessments 72 Use of Qualitative Data 73 Requirements for Team Determining Eligibility 73 Requirements for Medical Involvement 74 Summary 74 Summary 76 Overview 76 Terminology 76 Definitions 76 Eligibility Criteria 77 Use of Qualitative Data 78 Requirements for Team Determining Eligibility 79 Involvement of Medical Professionals 79 Concluding Remarks 80 References 81 Appendix I – Excerpts from Federal Regulations Regarding Evaluations and Reevaluations 82 Appendix II – Excerpts from Federal Regulations Regarding Additional Procedures for Evaluating Children with Specific Learning Disabilities 85 Appendix III – Federal Regulations Related to Developmental Delay for Children Ages 3 Through 9 Years 87 Disability Categories: State Terminology, Definitions and Eligibility Criteria Purpose‌‌ This policy analysis is a comparison of states’ terminology, definitions and eligibility criteria for the 13 required federal disability categories under the Individual Individuals with Disabilities Education Act (IDEA): autismIDEA)1 to provide students with disabilities access to the general education curriculum. In addition, deaf-blindness, deafness, emotional disturbance, hearing impairment, mental retardation, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury the regulations under both Title I of the Elementary and visual impairment including blindnessSecondary Education Act (ESEA), as well amended by the No Child Left Behind Act (NCLB)2 and IDEA on modified academic achievement standards require that students who take an alternate assessment based on modified academic achievement standards must have access to and instruction in grade-level content. These regulations further require that these students’ IEPs include goals that are based on grade-level content standards and provide for monitoring of the students’ progress in achieving those goals. A standards-based IEP is one in which the IEP team has incorporated state content standards in its development. Many professionals and family members view standards-based IEPs as the one optional disability category: developmental delay. Only those aspects of state law related a best practice to eligibility criteria that go beyond federal requirements are described. Project FORUM at the National Association of State Directors of Special Education (NASDSE) carried out this policy analysis as part of its cooperative agreement create high expectations for students with the U.S. Department of Education’s Office of Special Education Programs (OSEP). Policymakers may find it useful to compare their states’ terminology, definitions and eligibility criteria with those of other states when contemplating changes to their state special education laws and regulations. disabilities.3 This document is intended for use as presents a resource document and consequently contains detailed informationseven-step process to be used in developing a standards-based IEP. Each section, however, step is designed followed by guiding questions for the IEP team to stand alone consider in making data-based decisions.4 Two student examples are provided to illustrate application of the components of a standards-based IEP. The student examples contained in this guide provide an opportunity for educators to think about and apply the reader may choose steps toward developing and implementing a standards- based IEP. One student example leads to refer only to those sections on a disability category of specific interest. However, it is recommended the decision that the reader review the background and legislation, methodology and summary sections, which provide a useful framework for interpreting data contained within this document. Background and Legislation States are currently required by federal law to report annually on the children served under IDEA using the 13 federal disability categories listed above [34 CFR §300.751(c)]. States are also permitted to use subcategories and/or additional disability categories as long as these are converted to the 13 federal categories for reporting. Developmental delay is student should take an optional category that states may chose to use for children age three through nine or some subset of that age range and may also determine eligibility criteria for developmental delay [34 CFR §300.313]. Disability terms and definitions have evolved over time, with new categories being added (most recently autism and traumatic brain injury in 1990 under P.L. 101-476) and minor changes being made to federal terminology (e.g., “learning disabled” being changed to “specific learning disability” also in 1990 under P.L. 101-476) and definitions.1 Federal regulations provide a number of generic criteria for determining eligibility that pertain to all disability categories – most of which were added as part of the 1997 amendments to IDEA (See Appendix I for relevant excerpts from IDEA regulations). With the exception of specific learning disability, federal regulations do not provide any disability category-specific eligibility criteria. According to federal regulations: 1 For a more thorough history of federal legislation regarding disability terms, see: X. Xxxxxx and X. Xxxxxxx (2001), Federal disability terms: A review of state use, published by Project FORUM at NASDSE. This document may be downloaded at xxxx://xxx.xxxxxx.xxx/FORUM/fed_disability_terms.pdf ▪ evaluation must be alternate assessment based on a variety of assessment tools and strategies [34 CFR §300.532(b)]; ▪ assessment tools must be selected and administered so as not to be discriminatory on a racial or cultural basis [34 CFR §300.532(a)(1)(i)]; ▪ any standardized tests must be administered by trained and knowledgeable personnel in accordance with any instructions provided by modified academic achievement standards while the producer of tests [34 CFR §300.532(c)(1)(ii)]; ▪ tests must be selected and administered other leads to a child with impaired sensory, manual or speaking skills so decision that the test accurately reflects student should take the childgeneral assessment with accommodations. Readers may want to work in small groups to discuss their responses and to think about how the contextual characteristics of a school setting may influence the creation and implementation of a student’s aptitude or achievement levels [34 CFR §300.352(e)]; ▪ no single procedure should be used as the sole criterion for determining whether a child is a child with a disability [34 CFR §300.532(f)]; ▪ assessment should cover all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities [34 CFR §300.532(g)]; and ▪ evaluation must be sufficiently comprehensive to identify all of the child’s education and related services needs [34 CFR §300.532(h)]. Upon completion of assessments and other evaluation procedures, federal regulations state that determination of eligibility must: ▪ be made by a group of qualified professionals and the parent [34 CFR §300.534(a)(1)]; and ▪ draw upon information from a variety of sources, including aptitude and achievement tests, parent input, teacher recommendations, physical condition, social or cultural background, and adaptive behavior [34 CFR §300.535(a)(1)]. Data Collection and Analysis Collection of data took place in three phases. First, Project FORUM staff searched the National State Policy Database2 for information included in state special education regulations on terminology, definitions and eligibility criteria specific to any of the 14 federal disability categories. Second, state education agency websites were searched for any additional information on the federal disability categories (e.g., handbooks or worksheets for determining eligibility). Third, individualized letters were sent to each state describing the information Project FORUM staff was able to find, and requesting that states confirm the accuracy of this information and supply any additional or missing information as appropriate. For the category of specific learning disability, supplemental information on definitions and eligibility was included based on research conducted at the National Research Center on Learning Disabilities (NRCLD) (Xxxxxxx, Hosp, & Xxxxxxx, 2003), and for the category of developmental delay, supplemental information on definitions and eligibility was provided by the National Early Childhood Technical Assistance Center (NECTAC) (Xxxxxxx, 2003)IEP.

Department of Education. The project carries out a variety of activities that provide information needed for program improvement, improvement and promote the utilization of research data and other information for improving outcomes for students with disabilities. The project also provides technical assistance and information on emerging issues, issues and convenes small work groups to gather expert input, obtain feedback and develop conceptual frameworks related to critical topics in special education. The Consortium for Appropriate Dispute Resolution in Special Education (CADRE) at Direction Service, Inc., is funded by the Office of Special Education Programs at the US Department of Education to serve as the National Center on Dispute Resolution in Special Education. CADRE works to increase the nation’s capacity to effectively resolve special education disputes, reducing the use of expensive adversarial processes. For more information about CADRE and special education dispute resolution visit: xxxx://xxx.xxxxxxxxxxxxxxxx.xxx/cadre This report was supported by the U.S. Department of Education (Cooperative Agreement Agreements No. H326F000001H326F050001 and H326D030001). However, the opinions expressed herein do not necessarily reflect the position of the U.S. Department of Education, and no official endorsement by the Department should be inferred. Note: There are no copyright restrictions on this document; however, please credit the source and support of federal funds when copying all or part of this material. This document, along with many other FORUM Forum publications, can be downloaded from the Project FORUM Forum at NASDSE web address: xxxx://xxx .xxxxxx.xxx/xxxxx.xxx xxxx://xxx.xxxxxxxxxxxx.xxx To order a hard copy of this document or any other FORUM Forum publications, please contact Xxxxx Xxxxxxx Xxxxxx at NASDSE, 0000 Xxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxx, XX 00000 Ph: 703-519-3800 ext. 312 326 or Email: xxxxx@xxxxxx.xxx Acknowledgements xxxxx.xxxxxx@xxxxxx.xxx This document is available in alternative formats. For details please contact Project FORUM gratefully acknowledges the following individuals: ▪ Xxxx Xxxxxxx of the National Early Childhood Technical Assistance Center (NECTAC) for assisting with data analysis and writeForum staff at 703.519.3800 Year 3 Deliverable 3-up of the section on developmental delay; ▪ Xxxxxxx Xxxxxx, retired, formerly of NECTAC at NASDSE for providing editorial feedback on the section on autism; ▪ Xxx Xxxxxxx of the National Research Center on Learning Disabilities (NRCLD) for sharing information on specific learning disability; and ▪ Xxxxxxxx Xxxxxxxx of the American Speech and Hearing Association (ASHA) for providing editorial feedback on the section on speech or language impairment. Their time and expertise enriched the quality and accuracy of the information. Our acknowledgement of these individuals does not necessarily indicate their endorsement of this final document. 3B Table of Contents Purpose METHODOLOGY 1 Background FINDINGS. 2 Conflict Resolution Skills Training 2 Stakeholder Management or Oversight Councils 4 Parent-to-Parent Assistance 5 Dispute Resolution Case Managers 5 Telephone Intermediary 6 IEP Facilitation 7 Non-IDEA Mediation 8 Third-Party Opinion or Consultation Processes 9 Early Complaint Resolution 9 Resolution Meeting Facilitation 10 FACTORS THAT IMPACT USE OF ADR PROCESSES FACTORS THAT SUPPORT ADR 11 Factors that both Facilitate and Legislation 1 Data Collection and Analysis 2 Organization Challenge the Implementation of Document 4 Findings 5 Autism 5 Overview 5 Terminology 5 Definition 5 Eligibility Criteria 6 Diagnosis or Assessment by Outside Professional 6 Behavioral Indicators 7 Autism-Specific Assessment Instruments 7 Behavioral Assessment 7 Communication Assessment 7 Educational or Developmental Assessment 8 Other Required and Recommended Assessments 8 Use of Qualitative Data 8 Requirements for Team Determining Eligibility 9 Requirements for Medical Involvement 9 Summary 9 Deaf-Blindness Overview 11 Terminology 11 Definition 11 Eligibility Criteria 11 Diagnosis or Assessment by Outside Professional 11 Types and Severity of Visual/Hearing Impairment 13 Communication Assessment 13 Educational or Developmental Assessment 13 Other Required and Recommended Assessments 13 Use of Qualitative Data 14 Requirements for Team Determining Eligibility 14 Requirements for Medical Involvement 14 Summary 14 Deafness 16 Overview 16 Terminology 16 Definition 16 Eligibility Criteria 16 Diagnosis or Assessment by Outside Professional 16 Severity of Impairment 17 Communication Assessment 17 Educational or Developmental Assessment 17 Other Required and Recommended Assessments 17 Use of Qualitative Data 17 Requirements for Team Determining Eligibility 17 Requirements for Medical Involvement 18 Summary 18 Emotional Disturbance 19 Overview 19 Terminology 19 Definition 19 Eligibility Criteria 20 Diagnosis or Assessment by Outside Professional 20 Behavioral Indicators 20 Documentation of Behavior 20 Behavioral/Emotional Assessment 21 Educational or Developmental Assessment 21 Other Required and Recommended Assessments 22 Use of Qualitative Data 22 Requirements for Team Determining Eligibility 22 Requirements for Medical Involvement 23 Summary 23 Hearing Impairment 24 Overview 24 Terminology 24 Definition 24 Eligibility Criteria 24 Diagnosis or Assessment by Outside Professional 24 Type and Severity of Impairment 25 Communication Assessment 25 Educational or Developmental Assessment 26 Other Required and Recommended Assessments 26 Use of Qualitative Data 27 Requirements for Team Determining Eligibility 27 Requirements for Medical Involvement 27 Summary 28 Mental Retardation 29 Overview 29 Terminology 29 Definition 29 Eligibility Criteria 29 Diagnosis or Assessment by Outside Professional 29 Intellectual Assessment 30 Adaptive Behavior Assessment 30 Educational or Developmental Assessment 31 Other Required and Recommended Assessments 31 Use of Qualitative Data 32 Requirements for Team Determining Eligibility 32 Requirements for Medical Involvement 32 Summary 32 Multiple Disabilities 34 Terminology 34 Definition 34 Eligibility Criteria 35 Diagnosis or Assessment by Outside Professional 35 Eligibility Criteria for Two or More Disability Categories 35 Educational or Developmental Assessment 35 Other Required and Recommended Assessments 35 Use of Qualitative Data 36 Requirements for Team Determining Eligibility 36 Requirements for Medical Involvement 36 Summary 36 Orthopedic Impairment 38 Overview 38 Terminology 38 Definition 38 Eligibility Criteria 39 Diagnosis or Assessment by Outside Professional 39 Motor Assessment 39 Educational or Developmental Assessment 39 Other Required and Recommended Assessments 39 Use of Qualitative Data 40 Requirements for Team Determining Eligibility 40 Requirements for Medical Involvement 40 Summary 41 Other Health Impairment 42 Overview 42 Terminology 42 Definition 42 Eligibility Criteria 43 Diagnosis or Assessment by Outside Professional 43 Educational or Developmental Assessment 43 Other Required and Recommended Assessments 43 Use of Qualitative Data 44 Requirements for Team Determining Eligibility 44 Requirements for Medical Involvement 44 Special Consideration of ADD/ADHD 45 Summary 45 Specific Learning Disability 46 Background and Legislation 46 Overview 46 Terminology 47 Definition 47 Eligibility Criteria 47 Diagnosis or Assessment by Outside Professional 48 Intellectual Assessment 48 Educational or Developmental Assessment 48 Determining Discrepancy 49 Other Required and Recommended Assessments 49 Use of Qualitative Data 50 Requirements for Team Determining Eligibility 50 Requirements for Medical Involvement 51 Summary 51 Speech or Language Impairment 52 Overview 52 Terminology 52 Definition 52 Eligibility Criteria 53 Communication Assessment 53 Other Required and Recommended Assessments 53 Language Impairment – Subcategory Requirements 54 Articulation Impairment – Subcategory Requirements 54 Fluency Impairment – Subcategory Requirements 55 Voice Impairment – Subcategory Requirements 56 Use of Qualitative Data 56 Requirements for Team Determining Eligibility 57 Requirements for Medical Involvement 57 Summary 57 Traumatic Brain Injury 59 Overview 59 Terminology 59 Definition 59 Eligibility Criteria 60 Diagnosis or Assessment by Outside Professional 60 Neuropsychological Assessment 60 Adaptive Behavior Assessment 61 Educational or Developmental Assessment 61 Other Required and Recommended Assessments 61 Use of Qualitative Data 62 Requirements for Team Determining Eligibility 62 Requirements for Medical Involvement 63 Summary 63 Visual Impairment Including Blindness 64 Overview 64 Terminology 64 Definition 64 Eligibility Criteria 64 Diagnosis or Assessment by Outside Professional 64 Type and Severity of Impairment 65 Functional Vision Assessment 65 Educational or Developmental Assessment 65 Other Required and Recommended Assessments 66 Use of Qualitative Data 67 Requirements for Team Determining Eligibility 67 Requirements for Medical Involvement 67 Summary 68 Developmental Delay 69 Background and Legislation 69 Terminology 69 Definition 70 Eligibility Criteria 71 Diagnosis or Assessment by Outside Professional 71 Established Risk Conditions 71 Restrictions on Use 72 Developmental Assessment 72 Other Required and Recommended Assessments 72 Use of Qualitative Data 73 Requirements for Team Determining Eligibility 73 Requirements for Medical Involvement 74 Summary 74 Summary 76 Overview 76 Terminology 76 Definitions 76 Eligibility Criteria 77 Use of Qualitative Data 78 Requirements for Team Determining Eligibility 79 Involvement of Medical Professionals 79 Concluding Remarks 80 References 81 Appendix I – Excerpts from Federal Regulations Regarding Evaluations and Reevaluations 82 Appendix II – Excerpts from Federal Regulations Regarding Additional Procedures for Evaluating Children with Specific Learning Disabilities 85 Appendix III – Federal Regulations Related to Developmental Delay for Children Ages 3 Through 9 Years 87 Disability Categories: State Terminology, Definitions and Eligibility Criteria Purpose‌‌ This policy analysis is a comparison of states’ terminology, definitions and eligibility criteria for the 13 required federal disability categories under the Individual with Disabilities Education Act (IDEA): autism, deaf-blindness, deafness, emotional disturbance, hearing impairment, mental retardation, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury and visual impairment including blindness, as well as the one optional disability category: developmental delay. Only those aspects of state law related to eligibility criteria that go beyond federal requirements are described. Project FORUM at the National Association of State Directors of Special Education (NASDSE) carried out this policy analysis as part of its cooperative agreement with the U.S. Department of Education’s Office of Special Education Programs (OSEP). Policymakers may find it useful to compare their states’ terminology, definitions and eligibility criteria with those of other states when contemplating changes to their state special education laws and regulations. This document is intended for use as a resource document and consequently contains detailed information. Each section, however, is designed to stand alone and the reader may choose to refer only to those sections on a disability category of specific interest. However, it is recommended that the reader review the background and legislation, methodology and summary sections, which provide a useful framework for interpreting data contained within this document. Background and Legislation States are currently required by federal law to report annually on the children served under IDEA using the 13 federal disability categories listed above [34 CFR §300.751(c)]. States are also permitted to use subcategories and/or additional disability categories as long as these are converted to the 13 federal categories for reporting. Developmental delay is an optional category that states may chose to use for children age three through nine or some subset of that age range and may also determine eligibility criteria for developmental delay [34 CFR §300.313]. Disability terms and definitions have evolved over time, with new categories being added (most recently autism and traumatic brain injury in 1990 under P.L. 101-476) and minor changes being made to federal terminology (e.g., “learning disabled” being changed to “specific learning disability” also in 1990 under P.L. 101-476) and definitions.1 Federal regulations provide a number of generic criteria for determining eligibility that pertain to all disability categories – most of which were added as part of the 1997 amendments to IDEA (See Appendix I for relevant excerpts from IDEA regulations). With the exception of specific learning disability, federal regulations do not provide any disability category-specific eligibility criteria. According to federal regulations: 1 For a more thorough history of federal legislation regarding disability terms, see: X. Xxxxxx and X. Xxxxxxx (2001), Federal disability terms: A review of state use, published by Project FORUM at NASDSE. This document may be downloaded at xxxx://xxx.xxxxxx.xxx/FORUM/fed_disability_terms.pdf ▪ evaluation must be based on a variety of assessment tools and strategies [34 CFR §300.532(b)]; ▪ assessment tools must be selected and administered so as not to be discriminatory on a racial or cultural basis [34 CFR §300.532(a)(1)(i)]; ▪ any standardized tests must be administered by trained and knowledgeable personnel in accordance with any instructions provided by the producer of tests [34 CFR §300.532(c)(1)(ii)]; ▪ tests must be selected and administered to a child with impaired sensory, manual or speaking skills so that the test accurately reflects the child’s aptitude or achievement levels [34 CFR §300.352(e)]; ▪ no single procedure should be used as the sole criterion for determining whether a child is a child with a disability [34 CFR §300.532(f)]; ▪ assessment should cover all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities [34 CFR §300.532(g)]; and ▪ evaluation must be sufficiently comprehensive to identify all of the child’s education and related services needs [34 CFR §300.532(h)]. Upon completion of assessments and other evaluation procedures, federal regulations state that determination of eligibility must: ▪ be made by a group of qualified professionals and the parent [34 CFR §300.534(a)(1)]; and ▪ draw upon information from a variety of sources, including aptitude and achievement tests, parent input, teacher recommendations, physical condition, social or cultural background, and adaptive behavior [34 CFR §300.535(a)(1)]. Data Collection and Analysis Collection of data took place in three phases. First, Project FORUM staff searched the National State Policy Database2 for information included in state special education regulations on terminology, definitions and eligibility criteria specific to any of the 14 federal disability categories. Second, state education agency websites were searched for any additional information on the federal disability categories (e.g., handbooks or worksheets for determining eligibility). Third, individualized letters were sent to each state describing the information Project FORUM staff was able to find, and requesting that states confirm the accuracy of this information and supply any additional or missing information as appropriate. For the category of specific learning disability, supplemental information on definitions and eligibility was included based on research conducted at the National Research Center on Learning Disabilities (NRCLD) (Xxxxxxx, Hosp, & Xxxxxxx, 2003), and for the category of developmental delay, supplemental information on definitions and eligibility was provided by the National Early Childhood Technical Assistance Center (NECTAC) (Xxxxxxx, 2003).ADR 12 FACTORS THAT CHALLENGE ADR 12

Department of Education. The project carries out a variety of activities that provide information needed for program improvement, improvement and promote the utilization of research data and other information for improving outcomes for students with disabilities. The project also provides technical assistance and information on emerging issues, issues and convenes small work groups to gather expert input, obtain feedback and develop conceptual frameworks related to critical topics in special education. This report was supported by the U.S. Department of Education (Cooperative Agreement No. H326F000001). However, the opinions expressed herein do not necessarily reflect the position of the U.S. Department of Education, Education and no official endorsement by the Department should be inferred. Note: There are no copyright restrictions on this document; however, please credit the source and support of federal funds when copying all or part of this material. This document, along with many other FORUM Project Forum publications, can be downloaded from the Project FORUM Forum at NASDSE web address: xxxx://xxx .xxxxxx.xxx/xxxxx.xxx xxxx://xxx.xxxxxxxxxxxx.xxx To order a hard copy of this document or any other FORUM Project Forum publications, please contact Xxxxx Xxxxxxx at NASDSE, 0000 Xxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxx, XX 00000 Ph: 703-519-3800 ext. 312 326 or Email: xxxxx@xxxxxx.xxx Acknowledgements xxxxx.xxxxxx@xxxxxx.xxx This document is available in alternative formats. For details please contact Project FORUM gratefully acknowledges the following individuals: ▪ Xxxx Xxxxxxx of the National Early Childhood Technical Assistance Center (NECTAC) for assisting with data analysis and writeForum staff at 000-up of the section on developmental delay; ▪ Xxxxxxx Xxxxxx, retired, formerly of NECTAC at NASDSE for providing editorial feedback on the section on autism; ▪ Xxx Xxxxxxx of the National Research Center on Learning Disabilities (NRCLD) for sharing information on specific learning disability; and ▪ Xxxxxxxx Xxxxxxxx of the American Speech and Hearing Association (ASHA) for providing editorial feedback on the section on speech or language impairment. Their time and expertise enriched the quality and accuracy of the information. Our acknowledgement of these individuals does not necessarily indicate their endorsement of this final document. 000-0000 Year 5 Deliverable 1-6B Table of Contents Purpose INTRODUCTION 1 Background STEPS IN DEVELOPING STANDARDS-BASED IEPs 1 APPLICATION OF THE STEP-BY-STEP PROCESS 3 Applying Steps 1 and Legislation 2 for Xxxxxxx 4 Applying Step 3 for Xxxxxxx 5 Applying Step 4 for Xxxxxxx 5 Applying Step 5 for Xxxxxxx 6 Applying Step 6 for Xxxxxxx 6 Applying Step 7 for Xxxxxxx 7 Applying Steps 1 Data Collection and Analysis 2 Organization for Kimi 7 Applying Step 3 for Kimi 8 Applying Step 4 for Kimi 9 Applying Step 5 for Kimi 9 Applying Step 6 for Kimi 10 Applying Step 7 for Kimi 10 CONCLUDING REMARKS 10 APPENDIX 12 Standards-Based Individualized Education Program Examples INTRODUCTION With increasing accountability for improving the academic achievement for students with disabilities, school-based professionals have become more invested in the development and use of Document 4 Findings 5 Autism 5 Overview 5 Terminology 5 Definition 5 Eligibility Criteria 6 Diagnosis or Assessment by Outside Professional 6 Behavioral Indicators 7 Autismstandards-Specific Assessment Instruments 7 Behavioral Assessment 7 Communication Assessment 7 Educational or Developmental Assessment 8 Other Required and Recommended Assessments 8 Use based Individualized Education Programs (IEPs). The interest partially stems from the federal requirement of Qualitative Data 8 Requirements for Team Determining Eligibility 9 Requirements for Medical Involvement 9 Summary 9 Deaf-Blindness Overview 11 Terminology 11 Definition 11 Eligibility Criteria 11 Diagnosis or Assessment by Outside Professional 11 Types and Severity of Visual/Hearing Impairment 13 Communication Assessment 13 Educational or Developmental Assessment 13 Other Required and Recommended Assessments 13 Use of Qualitative Data 14 Requirements for Team Determining Eligibility 14 Requirements for Medical Involvement 14 Summary 14 Deafness 16 Overview 16 Terminology 16 Definition 16 Eligibility Criteria 16 Diagnosis or Assessment by Outside Professional 16 Severity of Impairment 17 Communication Assessment 17 Educational or Developmental Assessment 17 Other Required and Recommended Assessments 17 Use of Qualitative Data 17 Requirements for Team Determining Eligibility 17 Requirements for Medical Involvement 18 Summary 18 Emotional Disturbance 19 Overview 19 Terminology 19 Definition 19 Eligibility Criteria 20 Diagnosis or Assessment by Outside Professional 20 Behavioral Indicators 20 Documentation of Behavior 20 Behavioral/Emotional Assessment 21 Educational or Developmental Assessment 21 Other Required and Recommended Assessments 22 Use of Qualitative Data 22 Requirements for Team Determining Eligibility 22 Requirements for Medical Involvement 23 Summary 23 Hearing Impairment 24 Overview 24 Terminology 24 Definition 24 Eligibility Criteria 24 Diagnosis or Assessment by Outside Professional 24 Type and Severity of Impairment 25 Communication Assessment 25 Educational or Developmental Assessment 26 Other Required and Recommended Assessments 26 Use of Qualitative Data 27 Requirements for Team Determining Eligibility 27 Requirements for Medical Involvement 27 Summary 28 Mental Retardation 29 Overview 29 Terminology 29 Definition 29 Eligibility Criteria 29 Diagnosis or Assessment by Outside Professional 29 Intellectual Assessment 30 Adaptive Behavior Assessment 30 Educational or Developmental Assessment 31 Other Required and Recommended Assessments 31 Use of Qualitative Data 32 Requirements for Team Determining Eligibility 32 Requirements for Medical Involvement 32 Summary 32 Multiple Disabilities 34 Terminology 34 Definition 34 Eligibility Criteria 35 Diagnosis or Assessment by Outside Professional 35 Eligibility Criteria for Two or More Disability Categories 35 Educational or Developmental Assessment 35 Other Required and Recommended Assessments 35 Use of Qualitative Data 36 Requirements for Team Determining Eligibility 36 Requirements for Medical Involvement 36 Summary 36 Orthopedic Impairment 38 Overview 38 Terminology 38 Definition 38 Eligibility Criteria 39 Diagnosis or Assessment by Outside Professional 39 Motor Assessment 39 Educational or Developmental Assessment 39 Other Required and Recommended Assessments 39 Use of Qualitative Data 40 Requirements for Team Determining Eligibility 40 Requirements for Medical Involvement 40 Summary 41 Other Health Impairment 42 Overview 42 Terminology 42 Definition 42 Eligibility Criteria 43 Diagnosis or Assessment by Outside Professional 43 Educational or Developmental Assessment 43 Other Required and Recommended Assessments 43 Use of Qualitative Data 44 Requirements for Team Determining Eligibility 44 Requirements for Medical Involvement 44 Special Consideration of ADD/ADHD 45 Summary 45 Specific Learning Disability 46 Background and Legislation 46 Overview 46 Terminology 47 Definition 47 Eligibility Criteria 47 Diagnosis or Assessment by Outside Professional 48 Intellectual Assessment 48 Educational or Developmental Assessment 48 Determining Discrepancy 49 Other Required and Recommended Assessments 49 Use of Qualitative Data 50 Requirements for Team Determining Eligibility 50 Requirements for Medical Involvement 51 Summary 51 Speech or Language Impairment 52 Overview 52 Terminology 52 Definition 52 Eligibility Criteria 53 Communication Assessment 53 Other Required and Recommended Assessments 53 Language Impairment – Subcategory Requirements 54 Articulation Impairment – Subcategory Requirements 54 Fluency Impairment – Subcategory Requirements 55 Voice Impairment – Subcategory Requirements 56 Use of Qualitative Data 56 Requirements for Team Determining Eligibility 57 Requirements for Medical Involvement 57 Summary 57 Traumatic Brain Injury 59 Overview 59 Terminology 59 Definition 59 Eligibility Criteria 60 Diagnosis or Assessment by Outside Professional 60 Neuropsychological Assessment 60 Adaptive Behavior Assessment 61 Educational or Developmental Assessment 61 Other Required and Recommended Assessments 61 Use of Qualitative Data 62 Requirements for Team Determining Eligibility 62 Requirements for Medical Involvement 63 Summary 63 Visual Impairment Including Blindness 64 Overview 64 Terminology 64 Definition 64 Eligibility Criteria 64 Diagnosis or Assessment by Outside Professional 64 Type and Severity of Impairment 65 Functional Vision Assessment 65 Educational or Developmental Assessment 65 Other Required and Recommended Assessments 66 Use of Qualitative Data 67 Requirements for Team Determining Eligibility 67 Requirements for Medical Involvement 67 Summary 68 Developmental Delay 69 Background and Legislation 69 Terminology 69 Definition 70 Eligibility Criteria 71 Diagnosis or Assessment by Outside Professional 71 Established Risk Conditions 71 Restrictions on Use 72 Developmental Assessment 72 Other Required and Recommended Assessments 72 Use of Qualitative Data 73 Requirements for Team Determining Eligibility 73 Requirements for Medical Involvement 74 Summary 74 Summary 76 Overview 76 Terminology 76 Definitions 76 Eligibility Criteria 77 Use of Qualitative Data 78 Requirements for Team Determining Eligibility 79 Involvement of Medical Professionals 79 Concluding Remarks 80 References 81 Appendix I – Excerpts from Federal Regulations Regarding Evaluations and Reevaluations 82 Appendix II – Excerpts from Federal Regulations Regarding Additional Procedures for Evaluating Children with Specific Learning Disabilities 85 Appendix III – Federal Regulations Related to Developmental Delay for Children Ages 3 Through 9 Years 87 Disability Categories: State Terminology, Definitions and Eligibility Criteria Purpose‌‌ This policy analysis is a comparison of states’ terminology, definitions and eligibility criteria for the 13 required federal disability categories under the Individual Individuals with Disabilities Education Act (IDEA): autismIDEA)1 to provide students with disabilities access to the general education curriculum. In addition, deaf-blindness, deafness, emotional disturbance, hearing impairment, mental retardation, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury the regulations under both Title I of the Elementary and visual impairment including blindnessSecondary Education Act (ESEA), as well amended by the No Child Left Behind Act (NCLB)2 and IDEA on modified academic achievement standards require that students who take an alternate assessment based on modified academic achievement standards must have access to and instruction in grade-level content. These regulations further require that these students’ IEPs include goals that are based on grade-level content standards and provide for monitoring of the students’ progress in achieving those goals. A standards-based IEP is one in which the IEP team has incorporated state content standards in its development. Many professionals and family members view standards-based IEPs as the one optional disability category: developmental delay. Only those aspects of state law related a best practice to eligibility criteria that go beyond federal requirements are described. Project FORUM at the National Association of State Directors of Special Education (NASDSE) carried out this policy analysis as part of its cooperative agreement create high expectations for students with the U.S. Department of Education’s Office of Special Education Programs (OSEP). Policymakers may find it useful to compare their states’ terminology, definitions and eligibility criteria with those of other states when contemplating changes to their state special education laws and regulations. disabilities.3 This document is intended for use as presents a resource document and consequently contains detailed informationseven-step process to be used in developing a standards-based IEP. Each section, however, step is designed followed by guiding questions for the IEP team to stand alone consider in making data-based decisions.4 Two student examples are provided to illustrate application of the components of a standards-based IEP. The student examples contained in this guide provide an opportunity for educators to think about and apply the reader may choose steps toward developing and implementing a standards- based IEP. One student example leads to refer only to those sections on a disability category of specific interest. However, it is recommended the decision that the reader review the background and legislation, methodology and summary sections, which provide a useful framework for interpreting data contained within this document. Background and Legislation States are currently required by federal law to report annually on the children served under IDEA using the 13 federal disability categories listed above [34 CFR §300.751(c)]. States are also permitted to use subcategories and/or additional disability categories as long as these are converted to the 13 federal categories for reporting. Developmental delay is student should take an optional category that states may chose to use for children age three through nine or some subset of that age range and may also determine eligibility criteria for developmental delay [34 CFR §300.313]. Disability terms and definitions have evolved over time, with new categories being added (most recently autism and traumatic brain injury in 1990 under P.L. 101-476) and minor changes being made to federal terminology (e.g., “learning disabled” being changed to “specific learning disability” also in 1990 under P.L. 101-476) and definitions.1 Federal regulations provide a number of generic criteria for determining eligibility that pertain to all disability categories – most of which were added as part of the 1997 amendments to IDEA (See Appendix I for relevant excerpts from IDEA regulations). With the exception of specific learning disability, federal regulations do not provide any disability category-specific eligibility criteria. According to federal regulations: 1 For a more thorough history of federal legislation regarding disability terms, see: X. Xxxxxx and X. Xxxxxxx (2001), Federal disability terms: A review of state use, published by Project FORUM at NASDSE. This document may be downloaded at xxxx://xxx.xxxxxx.xxx/FORUM/fed_disability_terms.pdf ▪ evaluation must be alternate assessment based on a variety of assessment tools and strategies [34 CFR §300.532(b)]; ▪ assessment tools must be selected and administered so as not to be discriminatory on a racial or cultural basis [34 CFR §300.532(a)(1)(i)]; ▪ any standardized tests must be administered by trained and knowledgeable personnel in accordance with any instructions provided by modified academic achievement standards while the producer of tests [34 CFR §300.532(c)(1)(ii)]; ▪ tests must be selected and administered other leads to a child with impaired sensory, manual or speaking skills so decision that the test accurately reflects student should take the childgeneral assessment with accommodations. Readers may want to work in small groups to discuss their responses and to think about how the contextual characteristics of a school setting may influence the creation and implementation of a student’s aptitude or achievement levels [34 CFR §300.352(e)]; ▪ no single procedure should be used as the sole criterion for determining whether a child is a child with a disability [34 CFR §300.532(f)]; ▪ assessment should cover all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities [34 CFR §300.532(g)]; and ▪ evaluation must be sufficiently comprehensive to identify all of the child’s education and related services needs [34 CFR §300.532(h)]. Upon completion of assessments and other evaluation procedures, federal regulations state that determination of eligibility must: ▪ be made by a group of qualified professionals and the parent [34 CFR §300.534(a)(1)]; and ▪ draw upon information from a variety of sources, including aptitude and achievement tests, parent input, teacher recommendations, physical condition, social or cultural background, and adaptive behavior [34 CFR §300.535(a)(1)]. Data Collection and Analysis Collection of data took place in three phases. First, Project FORUM staff searched the National State Policy Database2 for information included in state special education regulations on terminology, definitions and eligibility criteria specific to any of the 14 federal disability categories. Second, state education agency websites were searched for any additional information on the federal disability categories (e.g., handbooks or worksheets for determining eligibility). Third, individualized letters were sent to each state describing the information Project FORUM staff was able to find, and requesting that states confirm the accuracy of this information and supply any additional or missing information as appropriate. For the category of specific learning disability, supplemental information on definitions and eligibility was included based on research conducted at the National Research Center on Learning Disabilities (NRCLD) (Xxxxxxx, Hosp, & Xxxxxxx, 2003), and for the category of developmental delay, supplemental information on definitions and eligibility was provided by the National Early Childhood Technical Assistance Center (NECTAC) (Xxxxxxx, 2003)IEP.