Eligibility and Evaluation
Recommendations on Child Find --- Section 300.125:
Accept 300.125 (a) (1) (2) --- General requirements.
Accept 300.125 (b) (1) (2) (3) (3I) (3-ii) (4) --- Documents relating to child find as stated.
Delete 300.125 (c) --- Construction.
Rationale: Committee felt that it does not pertain to Utah because we have disability categories.
Place Notes 1 and 2 after 300. 125 (a) --- General requirements.
If the state rules contain section on SEA, put Note 3 in that section with modifications. (See explanation of pages 29 and 22 of State Rules).
Incorporate Note 4 in both the SEA and LEA sections because it pertains to both.
Recommend to the IEP and Placement Task Forces to review Note 2 as it pertains to their committee assignments.
Section 300.505 --- Parent Consent (page 55098)
Question for the user's manual:
- Does "new tests" in reevaluation include observations and other alternative measures of evaluation?
- Wilma Talbot, parent representative, stated that she felt parents should be notified whenever any testing is being considered. That way, the parent can make sure that child has every opportunity to be at his/her best for the tests e.g., has had enough sleep, has taken his/her medicine, eaten a good breakfast, etc.,. Committee discussed issue and determined it would be a good addition to the user's manual.
Recommendations on Parent Consent: Section 300.505
- Accept 300.505 (a) (1) (i) (ii) (iii) and 2. Ask OSEP to clarify what they mean by "tests". The E&E task force recommends substituting "tests and other evaluation procedures" in place of "tests" (Section 300.505 (a) (iii) page 55098.
- 300.505 (2) b --Refusal: Put a period after "if appropriate." Delete the remainder of the sentence.
Rationale: It does not apply to Utah. The statement reads, "The agency may continue to pursue those Evaluations…" The term "may" should replace the term "shall" in the State Rules.
- Further investigation be made into whether there should be a state law to override parental refusal for initial evaluation and services.
(Currently, districts can take parents through due process. Dave was concerned about the district being liable if at a later date the parents decided their child should have been evaluated. It was suggested that groups such as USBEACH, or State Legislative Coalition for Disabilities review this issue.)
- Recommendation for OSEP: Use consistency in terminology throughout the document.
Example: term "provision of special education and related services in (a) (1) (ii) is used interchangeably with "placement" which is on (a) (2).
- Recommend to change "Initial placement" to "initial provision of special education and related services" in Section 300.505 (a) (2) page 55098.
- Accept 300.505 (c) (1) and (2) as is.
- Omit 300.505 (d)
Rationale: It does not apply to Utah.
- Reordered statement by putting 300.505 (e) after 300.505 (b) --- (e) becomes (c) and (c) becomes (d).
- Omit Note 1 as recommended by Feds.
- Recommend to the IEP and Placement Task Forces to review Note 2. Incorporate into section depending on the decisions of the other task forces.
- Omit Note 3.
Rational: If parents refuse, Utah does not have a law that prohibits override of parent consent for evaluation or reevaluation.
Assignments:
- Marilyn and Carol will bring refreshments for the next meeting on December 8, 1997.
- Members will read the section on Definition before the next meeting and come prepared to discuss it.
- Tracy will ask Mae about which task force is assigned to discuss the definition of "parents".
- Dave will report E & E task force recommendations to Planning Committee.
- Jeanette will get minutes to Marilyn and Carol for their report to USBEACH.
Hy Henderson was thanked for bringing the refreshments for the meeting.
Next Meeting:
It was decided to extend the meeting time for the next meeting. It will be held at the Utah State Office of Education. Please note the change in the meeting time.
Date: December 8, 1997
Place: Utah State Office of Education
North Board Room
Time: 12:00 to 4:00 p.m.
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