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Special Education

Van Dyke Public Schools

Special Education Categories

   1.  Autistic Impairment
   2.  Cognitive Impairment
   3.  Early Developmental Delay
   4.  Emotional Impairment
   5.  Hearing Impairment
   6.  Other Health Impairment
   7.  Specific Learning Disability
   8.  Speech-Language Impairment
   9.  Traumatic Brain Injury
  10.  Visual Impairment
 
11.  Physical Impairment
 
12.  Severe Multiple Impairment
 

                                              Special Education Forms

Categories

1.  Autistic Impairment
     Michigan Rule 340.1115: Autism

Autism Eligibility Standards include:

bullet Evidence that the MET included a psychologist or a psychiatrist. R340.1715(4)
bullet Evidence that the MET included an authorized provider of speech and language services under Rule 340.1745(d). R340.1715(4)
bullet Evidence that the MET included a school social worker. R340.1715(4)
bullet Evidence of disturbance in the rates and sequences of cognitive, affective, psychomotor, language and speech development R340.1715(1)
bullet Evidence of disturbance in the capacity to relate appropriately to people, events, and objects. R340.1715(2)(a)
bullet Evidence of the absence, disorder, or delay of language, speech, or meaningful communication R340.1715(2)(b)
bullet Evidence of unusual or inconsistent response to sensory stimuli in one or more of the following: sight, hearing, touch, pain, balance, smell, taste, or the way a student holds his/her body R340.1715(2)(c)(i-iii)
bullet Evidence that the student demonstrates insistence on sameness as shown by stereotyped play patterns, repetitive movements, abnormal preoccupation, or resistance to change. R340.1715(2)(d)
bullet Evidence of the absence of characteristics of schizophrenia such as delusions, hallucinations, loosening of associations and incoherence. R340.1715(3)
 

2.  Cognitive Impairment 
     
Michigan Rule 340.1705: Cognitive Impairment

Cognitive Impairment Eligibility Standards include:

bullet Evidence that the MET included a psychologist. R340.1705(2)
bullet Evidence of lack of development primarily in the cognitive domain. 340.1705(1)(c) .
bullet Evidence of an impairment of adaptive behavior. R340.1705(1 )(d)
bullet Evidence that the impairment adversely affects the student's educational performance. . R340.1705(1 )(e)
bullet Evidence that intellectual assessment determines development at a rate at or below 2 standard deviations below the mean. R340.1705(1 )(a)
bullet Evidence of scores approximately within the lowest 6 percentiles on a standardized test in reading. This requirement does not apply if the student is not of an age, grade or mental age appropriate for formal or standardized achievement testing. R340.1705(1 )(b)
bullet Evidence of scores approximately within the lowest 6 percentiles on a standardized test in arithmetic. This requirement does not apply if the student is not of an age, grade or mental age appropriate for formal or standardized achievement testing. R340.1705(1)(b)


3.  Early Childhood Developmental Delay
    
Michigan Rule 340.1711: Early Childhood Developmental Delay

Early Childhood Developmental Delay Eligibility Standards include:

bullet Evidence that the child is older than 7 years of age (not reached 8th birthday). R340.1711 (1)
bullet Evidence exists that a single impairment cannot be differentiated through existing criteria for other impairment areas as listed below: R340.1711 (1):
bullet R340.1705 - Cognitive Impairment (CI)
bullet R340.1706 - Emotional Impairment (EI)
bullet R340.1707 - Hearing Impairment (HI)
bullet R340.1708 - Visual Impairment (VI)
bullet R340.1709 - Physical Impairment (PI)
bullet R340.1709a - Other Health Impairment (OHI)
bullet R340.17010 - Speech and Language Impairment (SLI)
bullet R340.1713 – Specific Learning Disability (LD)
bullet R340.1714 - Severe Multiple Impairment (SXI)
bullet R340.1715 - Autism (AUT)
bullet R340.1716 - Traumatic Brain Injury (TBI)
bullet Evidence of a delay in one or more areas of development equal to or greater than one-half (1/2) of the expected development for chronological age. R340.1711 (1)
bullet This definition does not preclude identification of a child through existing criteria within rules R340.1705 to R340.1710 or R340.1713 to R 340.1716. R340.1711(1)


4.  Emotional Impairment
    
Michigan Rule 340.1706: Emotional Impairment

Emotional Impairment Eligibility Standards include:

bullet

Evidence that the MET included a psychologist or psychiatrist R340.1706(5)(a) and a school social

bullet

worker R340.1706(5)(b)

bullet

Evidence that documents the student's performance in the educational setting and in other settings, such as adaptive behavior within the broader community R340.1706(4)(a)

bullet

Documentation of the systematic observations of the behaviors of primary concern that interfere with educational and social needs. R340.1706( 4)(b)

bullet

Documentation of the intervention strategies used to improve the behaviors, and the length of time the strategies were utilized. R340.1706(4)(c)

bullet

Documentation of the review of medical information {diagnoses, currently prescribed medications, etc for relevancy, if any {to behavior}. R340.1706(4)(d)

bullet

Evidence of behavioral problems primarily in the affective domain. R340.1706(1)
 

bullet

Evidence that behavioral problems were manifested over an extended period of time R340.1706(1)

bullet

Evidence that behavioral problems adversely affect the student's education to the extent that the person cannot profit from learning experiences without special education support. R340.1706( 1 )

bullet

Evidence that the problems result in behaviors manifested by one or more of the following:
bullet

Inability to build or maintain satisfactory interpersonal relationships within the school environment. . Inappropriate types of behaviors or feelings under normal circumstances.

bullet

General pervasive mood of unhappiness; or depression.

bullet

Tendency to develop hysical symptoms or fears associated with personal or school problems. R340.1706(1 )(a)-(d)

bullet

Emotional impairment also includes students who, in addition to the above characteristics, exhibit maladaptive behaviors related to schizophrenia or similar disorders. R340.1706(2)

bullet

The term "emotional impairment" does not include persons who are socially maladjusted, unless it is determined that the persons haven an emotional impairment. R340.1706(2)


5.  Hearing Impairment
    
Michigan Rule 340.1707: Hearing Impairment

Hearing Impairment Eligibility Standards include:

bullet Evidence that the MET included an otolaryngologist or otologist R340.1707(2)
bullet Evidence that the MET included an audiologist. R340.1707(2).
bullet The student has a hearing loss of the type of decree characterized as:

1.  Deaf - a hearing loss so severe that the student is impaired in processing linguistic information through hearing, with or without amplification. R340.1707(1).

2.  Hard of Hearing - Permanent or fluctuating hearing loss which is less severe than deafness and generally permits the use of the auditory channel as the primary means of developing speech and language skills. R340.1701 (1)

bullet The hearing impairment does one or both of the following:
bullet Evidence of any type or degree of hearing loss that interferes with development, or adversely affects educational performance in a regular classroom setting. R340.1707(1)


6.  Other Health Impairment
    
Michigan Rule 340.1709A: Other Health Impairment

Other Health Impairment Eligibility Standards include:

bullet Evidence that the determination of disability is based upon a comprehensive evaluation by a multidisciplinary evaluation team which shall include 1 of the following persons: an orthopedic surgeon, intemist, neurologist, pediatrician, or an other approved physician as defined by 1978 P A 368, MCL 333.1101 et seq. R340.1709a(2)
bullet Evidence that the student has limited strength, vitality or alertness, including a heightened alertness to environmental stimuli which results in limited alertness with respect to the educational environment. R340.1709a( 1 )
bullet Evidence that both of the following provisions apply:

1.  Evidence that the limited strength, vitality or alertness is due to a chronic or acute health problems such as any of the following:

bullet Asthma
bullet Attention Deficit Disorder
bullet Attention Deficit Hyperactivity Disorder
bullet Diabetes
bullet Epilepsy
bullet Heart Condition
bullet Hemophilia
bullet Lead Poisoning
bullet Leukemia
bullet Nephritis
bullet Rheumatic Fever
bullet Sickle Cell Anemia

2. Evidence that the impairment adversely affects the student's educational performance. R340.1709a(1 )(b)


7.  Specific Learning Disability
    
Michigan Rule 340.1713: Specific Learning Disability

Specific Learning Disability Eligibility Standards include:

bullet Evidence that the evaluation included the child's general education teacher, or, if the child does not have a general education teacher, a general education teacher qualified to teach a student of his/her age or, for a child less than school age, an individual qualified by the state educational agency to teach a child of his/her age. R340.1713(7)(a)
bullet Evidence that one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, an authorized provider of speech and language or teacher consultant was included as a member. R340.1713(7)(b)
bullet Evidence that the child does not achieve commensurate with age and ability levels when the child has been provided with learning experiences appropriate for age and ability levels. R340.1713(2)
bullet Evidence of a severe discrepancy between intellectual ability and achievement was found in one or more of the following:

1.  oral expression,
2.  listening comprehension,
3.  written expression,
4.  basic reading skill,
5.  reading comprehension,
6.  mathematics calculation,
7.  mathematics reasoning. R340.1713(2)(a-g)

bullet Evidence that the severe discrepancy was not correctable without special education services. R340.1713(5)(f)
bullet Evidence of an observation of the student's academic performance in the general education classroom setting by a team member other than the student's general education teacher. For a child less than school age or out of school, evidence that an IEPT member observed the child in an environment appropriate for a child of that age. R340.1713(4)
bullet Evidence of the relevant behaviors noted during the observation and the relationship of that behavior to the student's academic functioning. R340.1713(5)(c-d)
bullet Evidence that the team determined the effects of environmental, cultural or economic disadvantage. R340.1713(5)(g)
bullet Evidence that the severe discrepancy is not primarily the result of one or more of the following: a visual, hearing or motor impairment, cognitive impairment, emotional impairment, autism or environmental, cultural, or economic disadvantage. R340.1713(3)(a-e).
bullet Evidence of a statement of educationally relevant medical findings, if any. R340.1713(5)(e)
bullet Evidence of a team report, which contains a recommendation of specific learning disability eligibility, and the basis for making this recommendation. R340.1713(5)(a) and R340.1713(5)(b)
bullet Evidence that the IEPT members certified, in writing, whether the report reflects his or her conclusion. If the report does not reflect his/her conclusion, evidence that the team member did submit a separate statement presenting his or her conclusion. R340.1713(6). (Signature of agreement or disagreement are gathered on Page 1 of the Eligibility Report).


8.  Speech-Language Impairment
    
Michigan Rule 340.1710: Speech and Language Impairment

Speech and Language Impairment Eligibility Standards include:

bullet Evidence that the MET included a teacher of students with speech and language impairment or a speech and language pathologist qualified under R340.1792. R340.1710(5)
bullet Evidence of a communication disorder in one or more of the following areas that adversely affect educational performance: R340.1710(2)

1.  Evidence of an articulation impairment, including omissions, substitutions or distortions of sound, persisting beyond the age at which maturation alone might be expected to correct the deviation. R340.1710(2)(b)

2.  Evidence of a voice impairment including inappropriate pitch, loudness or voice quality. R340.1710(2)(d)

3.  Evidence of a fluency impairment, including an abnormal rate of speaking, speech interruptions, and repetition of sounds, words, phrases or sentences, that interferes with effective communication. R340.10(2)(c)

4.  Evidence of a language impairment which interferes with the student's ability to understand and use language effectively which includes one or more of the following: phonology, morphology, syntax, semantics, pragmatics R340.1710(2)(a)(i-v)

bullet Evidence of test results on not less than two standardized assessment instruments or 2 sub tests designed to determine language functioning which indicate inappropriate language functioning for the student's age. R340.1710(3)(b)
bullet Evidence of a spontaneous language sample demonstrating inadequate language functioning. R340.1710(3)(a)
bullet Evidence that one or more of the above impairments adversely affects the student's educational performance. R340.1710(1)


9.  Traumatic Brain Injury
    
Michigan Rule 340.1716: Traumatic Brain Injury

Traumatic Brain Injury Eligibility Standards Include:

bullet Evidence of a comprehensive evaluation by a multidisciplinary evaluation team, which shall include an assessment from a family physician or any other approved physician as defined in 1978 PA 368, MCL 333.1101 et seq. R340.1716(3)
bullet Evidence of an acquired injury to the brain which is caused by an external physical force. Rule 340.1716(1 )
bullet Evidence that the injury resulted in either total or partial functional disability or psychosocial impairment, or both. Rule340.1716(1)
bullet Evidence that the injury adversely affects a student's educational performance. R340.1716(1)
bullet Evidence that the open or closed head injuries resulted in impairment in one or more of the following: .

1.  Cognition.
2.  Language.
3.  Memory.
4.  Attention.
5.  Reasoning.
6.  Behavior.
7.  Physical functions.
8.  Information processing.

bullet Evidence that the brain injuries are NOT congenital or degenerative or induced by birth trauma. R340.1716(2)


10.  Visual Impairment
      
Michigan Rule 340.1708: Visual Impairment

Visual Impairment Eligibility Criteria:

bullet Evidence that the MET included an ophthalmologist or optometrist. R340.1708(2)
bullet Evidence (if a student cannot be tested accurately for acuity) that functional visual assessments conducted by a teacher certified in visual impairment were used 9in addition to the medical evaluation) to determine impairment. R340.1708(3)
bullet Evidence that the visual impairment interferes with development or adversely affects educational performance. Visual impairment includes both partial sight and blindness. R340.1708(1 )(a)
bullet Evidence to verify one or more of the following:

1. central vision acuity for near or far point vision of 20/70 or less in the better eye after refractive correction. R340.1708(1 )(b)(i) or a peripheral field of vision restricted to not more than 20 degrees. R340.1708( 1 )(b )(ii) or a diagnosed progressively deteriorating eye condition. R340.1708(1)(b)(iii)

2. For students who have a visual acuity of 20/200 or less after routine refractive correction or who have a peripheral field vision restricted to no more than 20 degrees:

3.  Evidence of evaluation by an orientation and mobility specialist, and

4.  Evidence that the O&M report contains a set of recommended procedures to be used by a mobility specialist or a teacher of the visually impaired in conduction orientation and mobility training activities. R340.1708(4)

  1. Legally Blind (Michigan Policy):
    1. Reference http://www.mfia.state.mLus/mcbNocRehab policv manual.asp
    2. FAMILY INDEPENDENCE AGENCY - MICHIGAN COMMISSION FOR THE BLIND
    3. VOCATIONAL REHABILITATION SERVICES POLICY MANUAL- STATE OF MICHIGAN
    4. Eligible Individuals: Individuals with a disability and requiring vocational rehabilitation to prepare for, enter, engage in or retain gainful employment will be considered eligible. In the specific case of the Michigan Commission for the Blind the definition of disability only includes individuals with a visual acuity of 20/200 or less in the better eye with best correction; or a limitation of the field of vision not greater than 20 degrees; or a visual acuity of 20/100 in the better eye with a deteriorating condition as a primary disability. Individuals may have other conditions (secondary disabilities) which will be taken into consideration when determining their eligibility for services. Blind/deaf individuals and individuals who are blind as a result of Traumatic Brain Injury are classified under federal guidelines as special categories. However, they are still considered blind by the Michigan Commission for the Blind.
       
  2. Federal Definition of Disability not in Michigan Rules:
     
  3. Deaf-Blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness. IDEA 34 CFR 300.7(c)(2).

11.  Physical Impairment
      
Michigan Rule 340.1709: Physical (Orthopedic) Eligibility:

 Eligibility Standards include:

bullet Evidence that the MET includes assessment data from an orthopedic surgeon, internist, pediatrician, or another approved physician as defined in 1978 PA 368, MCL 333.1101 et seq. R340.1709(2)(a-e).
bullet Evidence that the student has a severe orthopedic (physical) impairment. R340.1709(1).
bullet Evidence that the physical impairment adversely affects educational performance R340.1709(1).

12.  Severe Multiple Impairment
       Michigan Rule 340.1714: Severe Multiple Impairment Eligibility:

Eligibility Standards include:

bullet

Evidence that the MET evaluation included a psychologist and, depending upon the disabilities in the physical domain, the MET participants required in either R340.1707 (Hearing Impairment), R340.1708 (Visual Impairment), or R340.1709 (Physical Impairment), R340.1709a (Other Health Impairment) or R340.1716 (Traumatic Brain Injury). R340.1714(2)
 

bullet A – Evidence of development at a rate of 2 to 3 standard deviations below the mean and 2 or more of the following conditions: R340.1714(1)(a)(i-iv)

      1.  A hearing impairment so severe that the auditory channel is not the
           primary means of developing speech and language skills.

      2.  A visual impairment so severe that the visual channel is not
           sufficient to guide independent mobility.

      3.  A physical impairment so severe that activities of daily living cannot
           be achieved without assistance

      4.  A health impairment so severe that the student is medically at risk. 

bullet

B – Evidence of development at a rate of 3 or more standard deviations below the mean or students for whom evaluation instruments do not provide a valid measure of cognitive ability and 1 or more of the following conditions: R340.1714(1)(b)(i-iv

      1.  Hearing Impairment so severe that the auditory channel is not the
           primary means of developing speech and language skills.

      2.  Vision Impairment so severe that the visual channel is not sufficient
            to guide independent mobility.

      3.  Physical Impairment so severe that activities of daily living cannot
            be achieved without assistance.

      4.  Health Impairment so severe that the student is medically at risk.

Eligibility Determination Procedures

Parents who are concerned about their child’s educational and/or developmental progress should first speak with their child’s teacher.  Usually the parent and teacher are able to resolve concerns regarding the student’s progress.  If the student’s difficulties persist, it may be necessary to initiate the Child Study process to evaluate the student’s learning strengths and develop appropriate classroom interventions. 

If the student is referred for a special education evaluation, the following information outlines the process the school will follow to evaluate whether the student has a disability and is eligible for a special education program and/or related services.

The Referral

A special education referral is a written statement indicating that a child may have a suspected academic, behavioral, cognitive, and/or physical disability that interferes with learning.  A referral most often comes from a teacher.  If the student is experiencing significant difficulties in the classroom, the child study process is initiated.  After the child study process is completed, if the student continues to have difficulties a referral for an evaluation may be made.   After a referral is made, the Special Services department contacts the parent to obtain written consent to evaluate the child.

Parent Consent

Written parent consent must be obtained before the school district conducts the initial evaluation of the student.  Written consent is also obtained prior to placing a child in a program providing special education or related services.

Evaluation by the Multidisciplinary Evaluation Team

After a referral is made and parent consent is obtained, the district performs a comprehensive evaluation of the student.  This is conducted by a Multidisciplinary Evaluation Team (MET) comprised of educational specialists with knowledge in the area of the student’s suspected disability.  These may be teachers, speech pathologists, school psychologists, social workers, parents, consultants, occupational or physical therapists.  The MET will evaluate the strengths and weaknesses of the student and will review important information such as school records, test results, medical history and information provided by the parents.  Outside evaluations of the student provided by the parent will also be considered.  Once the evaluation is finished, a written report with a recommendation of eligibility is presented at a formal meeting.  

The Individualized Educational Program Team

The IEPT is a committee formed to determine the educational needs of the student.  Members of the Team include the child’s parent(s), the child if appropriate, general and special education teachers, and any diagnostic staff members who evaluated the student.  If the child is eligible to receive special education services, the Team will develop an Individualized Education Program (IEP) and identify the programs and/or services to be provided.

Due Process Hearing

If a parent disagrees with the IEPT regarding the identification, evaluation, or placement of their child, they have the right to a special education due process hearing.  This hearing is designed to settle disputes with the school district.  A parent must request such a hearing in writing.
 

Weblinks
 

http://seriweb.com  (Special Education general resources)
 
http://www.merrywing.com/newsites.htm  (Sites concerning various disabilities)
 
http://www.makoa.org  (Disability Information and Resources)
 
http://www.reedmartin.com  (Special Education Law and Advocacy Strategies)
 
http://www.iser.com  (Resources on Learning Disabilities)
 
http://www.ideapractices.org  (Special Education Law and Practices)

http://www.aamr.org  (Official site of the American Association of Mental Retardation)

http://www.cdc.gov/ncbddd/dd (Visual Impairment)

www.health.nih.gov (Visual Impairment)

http://www.headinjury.com  (Comprehensive site regarding brain injuries)

www.asha.org  (Speech and Language Impairment)

 www.michiganspeechhearing.org (Speech and Language Impairment)

 www.health.nih.gov (Speech and Language Impairment)

www.ldonline.org (Learning Disability)

www.ncld.org (Learning Disability)

www.ldresources.com (Learning Disability)

www.dldcec.org  (Learning Disability)

http://info.med.yale.edu/chldstdy (Learning Disability)

http://www.cdc.gov/ncbddd/dd (Hearing Impairment)

 www.asha.org (Hearing Impairment)

 www.michiganspeechhearing.org (Hearing Impairment)

http://www.mentalhealth.com  (Very comprehensive site regarding mental illness)

http://www.adaa.org  (Anxiety Disorders Association of America)

http://www.ocfoundation.org  (Obsessive-Compulsive Foundation)

 http://www.bpkids.org  (Child and Adolescent Bipolar Foundation)

 http://www.psycom.net/depression.central.children.html  (Information on depression
  in children)

 http://pendulum.org  (Resources on bipolar disorder)

 http://www.thewritebrain.org  (Comprehensive site regarding mood disorders)

 www.nimh.nih.gov  (National Institute of Mental Health)

www.cdc.gov/ncbddd/dd (Cognitive Impairment)

www.health.nih.gov (Autism)

http://www.autism-society.org   (General information on autism)

http://www.autism.org  (Articles regarding autism)

www.AutismResearchInstitute.com (Autism research information)

www.autismtoday.com (Autism)

Webmaster, Ginger Mahrle, Van Dyke Public Schools