Special Education Law for the General Education Administrator

Charter Schools Institute WebinarOctober 24, 2012

Objectives

Learn the essential components to a legally compliant IEP process.

Learn to recognize compliant IEP documents

IDEA

Section 504

Student Population

DISABILITY ≠

ELIGIBILITY

FAPE

The FAPE Standard

Procedural –right people in the right place at the right time with the right information and the IEP includes the right provisions; and,

Substantive—the IEP, esp. the special education and related services provisions, is reasonably calculated to allow the student to make some progress, and is implemented in the least restrictive environment.

How much progress does IDEA require?

some educational benefit = allow the student to make meaningful and adequate

gains in the classroom.

FAPE Prong 1: Procedural

Right People

Right Place

Notice of Meetings

Indicates a review of the FAPE offer needs to occur

Ensures the parents have the opportunity to attend, typically at a mutually agreed-upon time and place (inc. by phone)

Informs all participants who is going to be there and allows them to invite individuals with knowledge or special expertise

Right Time

Timelines

60 calendar days for initial evaluations

30 days to convene an IEP meeting after eligibility determination

When not otherwise specified, “reasonableness” is the standard

Reevaluation

Notice of IEP meetings— usually 10 days

Implementation of IEP services—as soon as possible following IEP development

Right Information

Evaluation

If the School needs to know, it can find out but will usually pay.

Written inquiry or consent triggers clear obligations.

Consent

A school district must obtain informed parental consent prior to:

conducting initial evaluations of a child; or,

commencing the initial provision of special education and related services to a child with a disability.

Consent

A school need not have informed parental consent to: Review existing data as part of an

evaluation or a reevaluation; or

Administer a test or other evaluation that is administered without parent consent to all children.

Right Provisions

Signatures

Purpose: document who attended the meeting.

Agency representative, sped teacher/SLP, and general ed. teacher must attend and stay at every meeting

Ensure identical match between notice of who will attend the IEP meeting, and signatures

Present Level of Academic Achievement and Functional Performance

Purpose: Describe the student and the student’s educational needs.

Make sure information is objective & attributed to its source

Answer how does the student’s disability impact access to and progress in the general curriculum, including standards?

Goals and Objectives

Describe specifically the skills the student can reasonably expect to achieve within one school year; can use both goals and objectives

Be SMART.

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Accommodations/Modifications

Accommodations exist across settings and allow access to the curriculum, but do not substantially change the instructional level, content, standards or expectations.

CDE explains, “Accommodations consist of adaptations to instructional strategies (materials, manner of presentation, grouping, format), and/or the classroom environment (seating arrangements, lighting, sound, etc.)”

Modifications alter the scope or content of the curriculum, when accommodations cannot be effective.

Accommodations/Modifications for Assessments

The IEP must include a statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and district wide assessments.

34 CFR § 300.320

Service Delivery = Placement

Placement= special education and related services provided in the child’s IEP, not the physical location in which the services are implemented.

Determined by the IEP team (at the IEP meeting) and based on the child’s present levels and goals and objectives.

Begin with the general education setting and actually address the options.

IEP “Do”s and “Don’t”s

Do:

include frequency, instructional setting (location), and duration of services and modifications.

include specific implementation dates.

Do Not:

include specific school buildings, teachers, or instructional methodologies in the IEP unless they are necessary for FAPE.

argue too much over language, just attribute it to the source, e.g. the parent reports…, the teacher observed….

Finalizing the IEP

IEPs are legally binding documents and the decisions about IEP contents must be made by a properly constituted IEP team or by written amendment.

Prior Written Notice

Provides a final detailed document setting forth the School’s plan for the student’s education

Required any time the School:  Proposes to initiate or change the identification,

evaluation, or educational placement of the child or the provision of FAPE to the child;

Refuses to initiate such a change.

PWN must be issued before the IEP is implemented.

Implementing IEPs

Review documentation that the special education providers have informed teachers how to access the complete IEP.

Ask teachers how they are implementing a student’s IEP and review data and work samples periodically.

Sure Bets

If you write it, it will be read (and read, and read).

Sole possession records—– those records maintained by a teacher for their own personal use, and which are not shared with any other individual.

Adequate documentation will help avoid disputes and, if one arises, help ensure any disputes are resolved in your favor.

Question & Answer

NOTE: Discussion and answers are provided for general information only and do not constitute legal advice. Please consult with your colleagues and, where appropriate, the School’s legal counsel to ensure that decision-making addresses local facts and circumstances.