• General
• Identification
• Evaluation
• Eligibility
• IEP
• Placement
• Discipline
• Private School
• Confidentiality
• Complaint

CHILD IDENTIFICATION

Child Find Activities

Child identification in the ROP is a continuous, ongoing effort to find, identify by name, village location, and primary area(s) of disability each child suspected of needing special education and related services from birth through 21 years of age.

Child find includes all children residing within Palau between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school. This includes children who have not failed or been retained in a course or grade, and is advancing from grade to grade. This also includes children with disabilities who are homeless children or are wards of Palau, highly mobile children including migrant children, and children attending private schools, regardless of the severity of their disability, and who are in need of special education and related services. The activities include identification, location, and evaluation.

Palau adopts the definition of developmental delay as applying to children aged three to five.

School-based Activity: At the end of each quarter, the principal review students’ report cards and identify students who may be at risk of failure.

A. Nature and Extent of Participation by Other Agencies

In addition to the work of the MOE, the implementation of child identification activities involves the cooperative efforts of several agencies in the ROP.

1. MOH.

• The ROP Maternity Ward staff conducts medical screening of all newborn children.
• Health operates well-baby clinics in outlying health centers.
• Maternal and Child Health has established a list of children with serious medical and/or disabling conditions. Those known to be "at risk" are also noted.
• ROP Hospital staff provide audiological and vision examinations and refer children with hearing and vision deficits to the Special Education Program of the MOE.
• Shriners' Hospital Team from Honolulu comes to ROP twice a year to provide screening and follow-up for children with physical disabilities.
• A cranio-facial team from the mainland visits the ROP annually to provide screening, treatment, and follow-up for persons with cleft palate and other cranio- facial abnormalities.

2. PCAA.

• The PCAA includes Head Start which serves up to 10% children with disabilities. The Head Start staff screen and identify children aged 4 3 through 5 who have disabilities. Head Start contracts with a local medical clinic to screen all Head Start students annually.
• Head Start works cooperatively with Belau National Hospital (BNH) and the MOE Special Education Program on annual public awareness activities.
• PCAA through the Head Start Program provides counseling services to children and their families and refers children deemed in need of special services.

B. Description of Primary Child Identification Activities

Primary child identification activities include (1) public awareness, (2) screening and (3) referral for evaluation. Each is described below.

1. Public Awareness.

An awareness campaign has been organized to disseminate information to public and professional sectors through a brochure on early childhood and special education

Before any major identification, location or evaluation activities to identify children with disabilities, the Special Education Coordinator shall notify parents throughout the Republic through announcements posted in local grocery stores, radio announcements and notices in the local paper. The Special Education Coordinator shall also document activities that alert members of the community who may not easily understand English or Palauan or who may live in isolated geographic areas.

2. Methods used to increase public awareness include:

• speeches to local service organizations and public meetings;
• articles in local newspapers and other media;
• video presentations for use with service organizations and agencies and on ROP’s public access TV station;
• books and articles on disabling conditions and how to work with special needs children available to the public and maintained at the Special Education Program office;
• involvement of the community in awareness activities when possible;
• development of communication links with various agencies that provide services to eligible children and youth within the community;
• Training for regular education principals and staff and other agency personnel about disabling conditions, available services, and responsibilities for referral.

Forms:

• Referral form – SE1
• Evaluation Plan: Review of Existing Data – SE2
• Prior Written Notice for Proposed/Refused Action – SE3 Parent Consent for Evaluation -SE4
• Parent Rights (Procedural Safeguards)-SE5

Timeline:

• Upon suspicion that child has a disability
• Initial Evaluation conducted within 60 days

Responsible Person:

• Principal

Procedures

I. In-School Referral

Step 1:

Teacher or other school personnel identifies a child as experiencing a school performance problem. Individual completes Referral form and submits to the principal.

Step 2:

Principal refers referral to Child Study Team. Principal facilitates a Child Study Team (CST) meeting by scheduling and conducting the meeting.

Step 3:

The CST reviews the child’s records and data from the child’s teachers and the parents.

The CST determines the following:

• Is the child in need of supplementary or intensive instruction?
• If the child is in need of supplementary or intensive instruction, the CST develops and implements the plan for the intervention. The plan shall include timelines for progress monitoring and the next step should the child not response to the intervention.

Step 4:

School provides intervention. Does the child respond to intervention? If yes, the child continues with grade level program. If no, go to Step 5.

Step 5:

Principal reviews existing evaluation data, if appropriate, with Assessment Team, including the parent and other qualified professionals. This includes reviewing:

• Evaluations and information provided by the parents of the child;
• Current classroom-based, Palau-wide assessments, and classroom-based observations; and,
• Observations by teachers and related service providers.

Based on the review and input from the child’s parents, the team identifies what additional data, if any, are needed to determine:

• Whether the child is a child with a disability, and
• The educational needs of the child.
• Present levels of the academic achievement and related developmental needs of the child;
• Whether the child needs special education and related services.
• The review is documented on the Evaluation Plan form.

NOTE: The group may conduct the review without a meeting, but it must administer such assessments and evaluation measures as may be needed to produce the data identified above. The school will determine the need for a meeting to review existing data. However, it must include parents and other professionals in the review of existing data and document.

Step 6:

Upon completion of evaluation plan, principal or designee completes Parent Consent for Initial Evaluation/Reevaluation and Prior Written Notice forms.

Step 7:

Principal sends home Prior Written Notice, Parent Rights (Procedural Safeguards), and Parent Consent for Initial Evaluation/Reevaluation form.

Parental Consent:

• Parental consent for initial evaluation must not be accepted as consent for initial provision of special education and related services.
• The school must make reasonable efforts to obtain the informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability.
• For initial evaluations only: If the child is a ward of the Palau government and is not residing with the child's parent, the school is not required to obtain informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability:
  • Despite reasonable efforts to do so, the school cannot discover the whereabouts of the parent of the child;
  • The rights of the parents of the child have been terminated in accordance with Palau law; or
  • The rights of the parent to make educational decisions have been transferred by a judge in accordance with Palau law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.
• Refusal to evaluate or failure to respond to request for evaluation: If the parent of a child enrolled in public school or seeking to be enrolled in public school does not provide consent for initial evaluation, or the parent fails to respond to a request to provide consent, the school may, but is not required to, pursue the initial evaluation of the child by utilizing the procedural safeguards including the mediation procedures or the due process procedures, if appropriate, except when it is in conflict with Palau relating to such parental consent.
  • The school does not violate its FAPE obligation if it declines to pursue the evaluation.
  • If a parent of a child who is home schooled or placed in a private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the school may not use the consent override procedures

Step 8:

Upon receipt of Parent Consent for Initial Evaluation/Reevaluation form, the school personnel receiving the consent form initials and indicate the date when the form was received. If the parent does not give consent, STOP HERE. Terminate the referral. If the parent gives consent, go to Step 9.

Step 9:

Principal submits Referral form, Evaluation Plan, and Parent Consent for Initial Evaluation/Reevaluation form to CRT. CRT submits to Data Manager. Evaluation Plan is implemented. GO TO EVALUATION PROCEDURES.

II. Out-of-School Referral (for current student):

This refers to a referral from an individual outside of the school, but student enrolled in school.

Step 1:

Parent or other individual informs the school that a child is having school performance problems and requests for an evaluation. If school agrees with the parent, go to the next step. Parent completes Referral form.

Step 2:

Principal reviews the Referral form and agrees with the request. Go to Step 4. Principal provides parent Prior Written Notice for Proposed/Refused Action form informing parent of the referral to the Child Study Team. A copy of the Parent Rights (Procedural Safeguards) is also attached to the form. If principal does not agree, go to Step 3.

Step 3:

If principal does not agree with the parent’s request for an evaluation, the principal completes Prior Written Notice for Proposed/Refused Action form and sends home to the parent with a copy of the Parent Rights (Procedural Safeguards). Process stops here pending parent’s action upon receiving notice of refusal to evaluate.

Step 4:

Principal refers the child to the Child Study Team. Principal facilitates a Child Study Team (CST) meeting by scheduling and conducting the meeting.

Step 5:

The CST reviews the child’s records and data from the child’s teachers and the parents.

The CST determines the following:

• Is the child in need of supplementary or intensive instruction?
• If the child is in need of supplementary or intensive instruction, the CST develops and implements the plan for the intervention. The plan shall include timelines for progress monitoring and the next step should the child not response to the intervention.
• If the CST agrees that the child is not in need of supplementary instruction, does the CST suspect a disability?
• If YES, the CST documents decision and transmits to the principal.
• If NO, the committee considers other options to address the child’s problem.

Step 6:

School provides intervention. Does child respond to intervention? If yes, return to general education program. If no, go to next Step 7.

Step 7:

Principal reviews existing evaluation data if appropriate with the Assessment Team, including the parent and other qualified professionals. This includes reviewing:

• Evaluations and information provided by the parents of the child;
• Current classroom-based, Palau-wide assessments, and classroom-based observations; and,
• Observations by teachers and related service providers.

Based on the review and input from the child’s parents, the team identifies what additional data, if any, are needed to determine:

• Whether the child is a child with a disability, and
• The educational needs of the child.
• Present levels of the academic achievement and related developmental needs of the child;
• Whether the child needs special education and related services. The review is documented on the Evaluation Plan form.

NOTE: The group may conduct the review without a meeting, but it must administer such assessments and evaluation measures as may be needed to produce the data identified above.

Step 8:

Principal completes Prior Written Notice and Parent Consent for Initial Evaluation/Reevaluation form and sends home to parent with Parent Rights (Procedural Safeguards).

Parental Consent:

• Parental consent for initial evaluation must not be accepted as consent for initial provision of special education and related services.

• The school must make reasonable efforts to obtain the informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability.

• For initial evaluations only

If the child is a ward of the Palau government and is not residing with the child's parent, the school is not required to obtain informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability if:

• Despite reasonable efforts to do so, the school cannot discover the whereabouts of the parent of the child;

• The rights of the parents of the child have been terminated in accordance with Palau law; or

• The rights of the parent to make educational decisions have been transferred by a judge in accordance with Palau law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.

• Refusal to evaluate or failure to respond to request for evaluation:

If the parent of a child enrolled in public school or seeking to be enrolled in public school does not provide consent for initial evaluation, or the parent fails to respond to a request to provide consent, the school may, but is not required to, pursue the initial evaluation of the child by utilizing the procedural safeguards including the mediation procedures or the due process procedures, if appropriate, except when it is in conflict with Palau relating to such parental consent.

* The school does not violate its FAPE obligation if it declines to pursue the evaluation.

• If a parent of a child who is home schooled or placed in a private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the school may not use the consent override procedures

Step 9:

Upon receiving consent form, school personnel initials form and indicate the date written consent was received. If the parent does not give consent, STOP HERE. If parent gives consent for the evaluation, go to STEP 10.

Step 10:

Principal submits Referral form, Evaluation Plan, and Parent Consent for Initial Evaluation/Reevaluation form to the CRT. CRT submits to Data Manager. Evaluation Plan is implemented. GO TO EVALUATION PROCEDURES.

Out of School Referral (Previous student with IEP, but not enrolled)

This refers to a child who is not enrolled and had received services prior to leaving the school, but was not terminated prior to leaving.

Step 1:

Parent or student (at age of majority) requests to be readmitted to school. Student is first enrolled in school.

Step 2:

Principal reviews student’s cumulative file to determine if IEP is current. If IEP is not current, principal places and provides student with services as per last IEP and schedules an IEP review as soon as possible.

Step 3:

If student is in need of reevaluation, principal reviews existing data by completing Evaluation Plan with the IEP Team and determines if a reevaluation is necessary. If reevaluation is necessary, principal completes and sends home Prior Written Notice for Proposed/Refused Action and Parent Consent for Initial Evaluation/Reevaluation form with copy of Parent Rights (Procedural Safeguards). If reevaluation is not necessary, principal sends home Prior Written Notice and Parent Rights. The school is not required to conduct a reevaluation unless requested by the parent.

Parent Consent for Reevaluation:

• The school must obtain informed parental consent, prior to conducting any reevaluation of a child with a disability.
• If the parent refuses to consent to the reevaluation, the school may, but is not required to, pursue the reevaluation by using the consent override procedures.
• The school does not violate its obligation the FAPE requirements if it declines to pursue the evaluation or reevaluation.
• The informed parental consent need not be obtained if the school can demonstrate that:
• It made reasonable efforts to obtain such consent; and
• The child's parent has failed to respond.

Other consent requirements

• Parental consent is not required before:

• Reviewing existing data as part of an evaluation or a reevaluation; or

• Administering a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of parents of all children.

• In addition to the parental consent requirements, the MOE may require parental consent for other services and activities under IDEA if it ensures that each school in Palau establishes and implements effective procedures to ensure that a parent's refusal to consent does not result in a failure to provide the child with FAPE.

• A school may not use a parent's refusal to consent to one service or activity to deny the parent or child any other service, benefit, or activity of the school, except as required by this part.

• If a parent of a child who is home schooled or placed in a private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the school may not use the consent override procedures; and

• The school is not required to consider the child as eligible for services.

• To meet the reasonable efforts requirement, the school must document its attempts to obtain parental consent using phone calls, home visits, and any correspondence.

Step 4:

Upon receipt of Parent Consent for Initial Evaluation/Reevaluation form, school personnel initials receiving the form and indicate the date received. Principal submits Referral form, Evaluation Plan, and Parent Consent for Initial Evaluation/Reevaluation form to CRT. CRT submits to Data Manager. Evaluation Plan is implemented. GO TO EVALUATION PROCEDURES.

III. Private School Referral

Follow same procedures as Out-of-School (current student) procedures.

• Off-island Transfer Student with IEP Step 1:
• Child enrolls in school with an IEP from another island (outside of Republic of Palau) or U.S. state.

Step 2:

• Principal reviews off-island documents. In consultation with parents, the school provides child with a free appropriate public education (FAPE) including services comparable to those described in the child’s IEP from the previous education agency until:
• The MOE conducts an evaluation if determined appropriate; and,
• Develops, adopts, and implements a new IEP, if appropriate, that meets the IEP requirements. REFER TO EVALUATION AND IEP SECTION.

Step 3:

To facilitate the transition for an off-island transfer student with an IEP, the MOE must take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special eduation and related services to the child, from the previous public agency in which the child was enrolled. The previous public agency in which the child was enrolled must take reasonable steps to promptly respond to the request from the MOE.

IV. Transfer Student with IEP (Within Palau)

A Palau school that enrolls a student with an IEP from another Palau school must provide the same services as that provided on the IEP. As appropriate, the school must determine if an annual review and/or a reevaluation is needed at the time of enrollment. To facilitate the transition from transfer student with an IEP from another school within Palau, the MOE must take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education and related services to the child, from the previous public agency in which the child was enrolled. The previous public agency in which the child was enrolled must take reasonable steps to promptly respond to the request from the MOE.

Surrogate Parents

The MOE must ensure that the rights of a child are protected when:

• No parent (as defined in Sec. 300.30) can be identified;
• The MOE, after reasonable efforts, cannot locate a parent;
• The child is a ward of Palau under the laws of Palau; or
• The child is an unaccompanied homeless youth as defined in section 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(6)).

Duties of public agency

The duties of the MOE under the above paragraph of this section include the assignment of an individual to act as a surrogate for the parents. This must include a method:

• For determining whether a child needs a surrogate parent; and
• For assigning a surrogate parent to the child.

Wards of the State

In the case of a child who is a ward of the State, the surrogate parent alternatively may be appointed by the judge overseeing the child's case, provided that the surrogate meets the requirements below in this section.

Criteria for selection of surrogate parents

• The MOE may select a surrogate parent in any way permitted under Palau law.
• The MOE must ensure that a person selected as a surrogate parent:
• Is not an employee of the MOE, or any other agency that is involved in the education or care of the child;
• Has no personal or professional interest that conflicts with the interest of the child the surrogate parent represents; and
• Has knowledge and skills that ensure adequate representation of the child.

Non-employee requirement; compensation

A person otherwise qualified to be a surrogate parent under the above paragraph in this section is not an employee of the MOE solely because he or she is paid by the MOE to serve as a surrogate parent.

Unaccompanied homeless youth

In the case of a child who is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents without regard to above paragraph of this section, until a surrogate parent can be appointed that meets all of the requirements above.

Surrogate parent responsibilities

The surrogate parent may represent the child in all matters relating to:

• The identification, evaluation, and educational placement of the child; and
• The provision of FAPE to the child.

MOE’s responsibility

The MOE must make reasonable efforts to ensure the assignment of a surrogate parent not more than 30 days after a MOE determines that the child needs a surrogate parent.