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ELIGIBILITY

ELIGIBILITY

Forms: Parent Notice of Meeting – SE-7A IEP Committee Meeting Notice – SE-7B Student Invitation to Meeting – SE-7C Summary of Evaluation – SE6A Summary of Eligibility-Parent Notice: Eligibility Determination – SE6B Summary of Eligibility-Parent Notice: Specific Learning Disability Documentation – SE6C (if applicable) Prior Written Notice of Proposed/Refused Action – SE3

Timeline: Within a reasonable time after completion of evaluation

Responsible Person: Principal

PROCEDURES: Pre-Eligibility Meeting

Step 1: Principal contacts parent to schedule Eligibility Meeting at a date, time, and location that are convenient for the parents. After mutually agreeing on a date, time, and location, principal sends home Parent Notice of Meeting and Student Invitation to Meeting (if appropriate such as for discussion of transition) form.

Step 2: Principal or designee sends out Individualized Education Program (IEP) Meeting Notice to IEP Team members.

The eligibility meeting, at a minimum, must include the following individuals:

• The parents of the child;
• Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);
• Not less than one special education teacher of the child, or where appropriate, not less than one special education provider (i.e. related services provider) of the child;
• A representative of the Ministry of Education who:
• Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
• Is knowledgeable about the general education curriculum; and
• Is knowledgeable about the availability of resources of the Ministry of Education.

Note: In Palau, this would mean a school administrator or the Special Education administrator.

• An individual who can interpret the instructional implications of evaluation results, who may be a member of the team;
• At the discretion of the parent or the MOE, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate[It is the inviting party that determines whether the individual has the knowledge or expertise]; and
• Whenever appropriate, the child with a disability.
• If the child is suspected of having a specific learning disability, the additional members must be included:
• A regular classroom teacher qualified to teach a child of his or her age; or
• For a child of less than school age, an individual qualified by the MOE to teach a child of his or her age; and
• At least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher. NOTE: The MOE is required to notify parents of any individual that will be invited to the meeting. The parent is not required to notify the school of other individuals that they will be inviting to the meeting. Eligibility Meeting

Step 3: The principal facilitates the meeting. The meeting commences with introduction of members and review of purpose of meeting and agenda (to determine eligibility and educational needs.

Step 4: The principal provides a copy of the evaluation report to the parent.

Step 5: The IEP team reviews the results of the evaluation to include the following information:

• Variety of sources, including aptitude and achievement tests, current classroom- based assessment, Palau-wide assessments, and classroom-based observations;

• Parent input;

• Teacher recommendations;

• Information about the child’s physical condition;

• Information about child’s social or cultural background;

• Adaptive behavior; and

• If the child has participated in a process that assesses the child's response to scientific, research-based intervention:

• The instructional strategies used and the student-centered data collected; and

• The documentation that the child's parents were notified about:

• Palau's policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided;

• Strategies for increasing the child's rate of learning; and The principal ensures that information obtained from all of these sources is documented and carefully considered on the Summary of Evaluation form.

Step 6: The IEP Team determines if the determinant factor for eligibility determination is:

• Lack of appropriate instruction in reading, including the essential components of reading instruction;
• Lack of appropriate instruction in math; or
• Limited English proficiency; and if the child does not otherwise meet the eligibility criteria. If one or more of the above factors is the determinant factor for eligibility determination, documentation is provided and the child must not be determined eligible for special education and related services.

Step 7: Using the Description of Impairment Areas as a guide, the IEP Team determines if the child meets the criteria for a child with a disability and if the child is in need of special education and related services. The team must also consider the factors described in Step 6 and provide supporting documents as part of the packet. The team completes Summary of Eligibility form. If the child is not identified as a child with a specific learning disability, complete Summary of Eligibility form and go to Step 9.

Step 8: Additional Procedures for Identifying Children with a Specific Learning Disability The IEP Team must agree that:

• The child does not achieve adequately for the child's age or to meet Palau-approved grade-level standards in one or more of the following areas, when provided with learning experiences and instruction appropriate for the child's age or Palau- approved grade-level standards:

• Oral expression.

• Listening comprehension.

• Written expression.

• Basic reading skill.

• Reading fluency skills.

• Reading comprehension.

• Mathematics calculation.

• Mathematics problem solving.

• The child does not make sufficient progress to meet age or Palau-approved grade- level standards in one or more of the areas identified above when using a process based on the child's response to scientific, research-based intervention; or

• The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, Palau-approved grade-level standards, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, as per IDEA requirements; and

• The findings under are not primarily the result of:

• A visual, hearing, or motor disability;

• Mental retardation;

• Emotional disturbance;

• Cultural factors;

• Environmental or economic disadvantage; or

• Limited English proficiency.

• To ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the group must consider, as part of the evaluation:

• Data that demonstrate that prior to, or as a part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel; and

• Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child's parents. The team completes Summary of Eligibility Parent Notice: Specific Learning Disability Documentation form.

Step 9: The principal provides parents with a copy of the evaluation and Summary of Eligibility Parent Notice: Eligibility Determination form and the Summary of Eligibility Parent Notice: Specific Learning Disability Documentation form if the child is suspected of having a specific learning disability.

Step 10: If the child is determined eligible, the principal facilitates the IEP meeting immediately following the eligibility meeting (if the parents were informed that it would follow should the child be eligible) or schedules the IEP within 30 calendar days of determining eligibility.

NOTE: Nothing in the Part B of the IDEA requires that children be classified by their disability so long as each child who has a disability that is listed under IDEA and who, by reason of that disability, needs special education and related services is regarded as a child with a disability under Part B of the IDEA. Go to Development, Review, and Revision of IEP!