Preschool 00-01

January 2000

SUBJECT: Updated Preschool Student Evaluation Summary Report Form and Clarification on New Provisions Required Pursuant to the Reauthorization of the Individuals with Disabilities Education Act (IDEA)

The purpose of this memorandum is to provide updated information on Section 4410 of the Education Law, as amended by Chapter 474 of the Laws of 1996 regarding documentation requirements of the evaluation of a preschool child suspected of having a disability. This updated information is consistent with the recent reauthorization of the Federal Individuals with Disabilities Education Act (IDEA).

Section 4410(4) of the Education Law requires that the documentation of the evaluation include all assessment reports and a summary report of the findings of the evaluation on a form prescribed by the Commissioner and a detailed statement of the preschool child's individual needs. The evaluator shall not include on the summary evaluation report recommendations about the type, frequency and duration of special education services or programs or address the manner in which the special services or programs can be provided in the least restrictive environment. In addition, the evaluation finding must not refer to any specific provider of special services or programs. The law clarifies that the CPSE is responsible for making these recommendations when developing, reviewing and/or revising the individualized education program (IEP) for a preschool child with a disability.

Congress intended to strengthen the role of parents and ensure that families have meaningful opportunities to participate in the education of their children at school and at home. In accordance with IDEA, the parent of the child suspected to be a preschool child with a disability is now a member of the interdisciplinary individualized education program (IEP) team. In New York State, this team is the Committee on Preschool Special Education (CPSE). In their role as CPSE members, parents have all the rights and responsibilities of other CPSE members. The parent(s) of the child who is referred to the CPSE must receive all information and written materials, which are provided to the members of the CPSE prior to and throughout the CPSE process of reviewing the child.

The individual evaluation must be conducted in accordance with Section 200.4(b) of the Regulations of the Commissioner of Education. The approved evaluators should review other assessments or evaluations to determine if such information fulfills the requirements of the Regulations. Evaluators should be cognizant of these requirements so that appropriate evaluation information is collected and available to the CPSE.

Documentation of the evaluation should be transmitted as follows:

• The approved evaluator must provide, on a timely basis, a copy of the full evaluation, including the summary report, to each member of the CPSE, including the parent(s) of the referred child and to the person designated by the municipality in which the preschool child resides.

• The statement of the preschool student's individual needs and recommendation, including the summary of the evaluation must be provided by the evaluator in English and, when necessary, in the native language or other mode of communication of the parent unless not feasible to do so.

The attached Preschool Student Evaluation Summary Form (revised October 1996) must be used for all evaluations of preschool students referred to the CPSE. This summary should include a description of the preschool child's individual needs according to the major areas of child development. This evaluation information should serve as a basis for determining the present levels of performance for a preschool child with a disability, including a statement, as appropriate, as to how the disability affects the preschool child's participation in appropriate activities.

The 1997 amendments to IDEA also ensure additional protections for parents, as follows:

• including evaluations and information provided by the parents in CPSE discussions that may assist in determining whether the child is a preschool child with a disability and the content of the IEP;

• providing copies of the evaluation report and documentation of the determination of eligibility to parents;

• allowing parents to bring individuals who have knowledge or special expertise regarding the child to participate at CPSE meetings;

• having parents input for enhancing the education of their child considered by the CPSE; and

• receiving progress reports, at least as often as parents of nondisabled children receive similar reports, of the child's progress toward the annual goals; and the extent to which that progress is sufficient to enable the preschool child with a disability to achieve the goals by the end of the school year.

IDEA also requires that:

• Committee membership must include an individual who can interpret the instructional implications of evaluation results.

• Committees, including the parents of a preschool child with a disability, must consider the following special factors in developing IEPs:

  • When a child's behaviors impede learning, the Committee must consider strategies, including positive behavior interventions, strategies and supports to address those behaviors.

  • If a child has limited English proficiency, the Committee must consider the language needs of the child as such needs relate to the child's IEP.

  • If a child is blind or visually impaired, the Committee must provide instruction in Braille and in the use of Braille unless the Committee determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or in the use of Braille), that instruction in Braille or in the use of Braille is not appropriate for the child.

  • For children who are deaf or hard of hearing, the Committee must consider the language and communication needs of the child and opportunities for direct communication with peers and professional personnel in the child's language and communication mode. The Committee must also consider the child's academic level and full range of needs, including the child's social, emotional and cultural needs.

  • For all students, the Committee must consider the provision of assistive technology devices and services when developing the child's IEP.

Functional behavioral assessment is the process of determining why a student engages in challenging behavior and how the student's behavior relates to the environment. Functional behavioral assessments should be viewed as an integral part of evaluation and reevaluation procedures. When students demonstrate behaviors that impede learning, these assessments should be integrated, as appropriate, throughout the process of developing, reviewing and revising a student's IEP. When a functional behavioral assessment is conducted of a preschool student who has, or is suspected of having, a disability, the attached summary form should be used to report the results. The components of the functional behavioral assessment may be included in the space provided on the summary evaluation form. Additional pages may be included as needed to report the findings and comments of the functional behavioral assessment.

At a minimum, comments must address the following components:

• Identification of the problem behavior;

• Definition of the behavior in concrete terms;

• Identification of the contextual factors that contribute to the behavior (including affective and cognitive factors); and

• Formulation of a hypothesis regarding the general conditions under which a behavior usually occurs and probable consequences that serve to maintain it.

Please refer to the July 1998 memorandum (Policy 98-05) "Guidance on Functional Behavioral Assessments for Students with Disabilities" for further information on functional behavioral assessment. The attached Preschool Student Evaluation Summary Form may be duplicated. A Spanish version of the form is also attached.

Questions regarding the Preschool Student Evaluation Summary Report Form should be directed to the Preschool Special Education Services Unit of VESID Special Education Policy and Quality Assurance at (518) 473-6108.

Attachments

Espanol

PRESCHOOL STUDENT EVALUATION SUMMARY REPORT

This reporting form provides a summary of the findings of the evaluation which includes a detailed statement of the child's individual needs. As a result of Chapter 474 of the Laws of 1996, the evaluator may no longer recommend the general type, frequency and duration of special services and programs needed nor address the manner in which the special services and programs can be provided in the least restrictive environment.

English

Este informe es un resúmen de los resultados de la evaluación que incluye una declaración detallada sobre las necesidades individuales del niño. Como resultado del Capítulo 474 de las Leyes de 1996, el evaluador no podrá hacer recomendaciones acerca del tipo, frecuencia y duración de programa o servicio de educación especial asi como tampoco podrá proveer el programa o servicio en el ambiente menos restrictivo.

Por favor indique la fecha en que los resultados de la evaluación, incluyendo el resúmen de los resultados de la misma, fueron enviados al Comité de Educación Especial Pre-escolar y al Representante Municipal.

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