Special Education

NEGOTIATING the ARC: WORKING in COLLABORATION TO EDUCATE OUR CHILDREN

Leslie A. Jones

September 13, 2007

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Objectives

• To provide an overview of special education under IDEA and 504

• To provide information on transitioning children from the First Steps program to Pre-K, Headstart, kindergarten and first grade, highlighting differences

• To provide information on collaboration efforts and provide examples of how collaboration benefits children

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Agenda

• IDEA 2004

• Section 504

• Collaboration

Individuals with Disabilities Education Act

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IDEA 2004

• Individuals with Disabilities Education Improvement Act

• Signed Dec. 3, 2004

• Effective July 1, 2005

• Congress worked on IDEA ’04 for 3 years

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Roles–Schools

• Locate children who may need services

• Provide services to eligible children

• Offer assistance to families

• Listen to parents

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More on FAPE

• Two part test– Were procedures followed?– Was the plan calculated to allow

educational benefit

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Members of the Team

• Parents• Regular education teacher• Special education teacher• District representative• Someone to interpret evaluation results• Child, when appropriate• Others with special knowledge or

expertise• Related services personnel

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“Parent”—IDEA ‘04

• Natural, adoptive or foster parent

• Guardian

• Surrogate

• Individual acting as a parent with whom child lives– Grandparent– Stepparent– Other relative

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“Parent”—KY proposed regulation

• Biological or adoptive parent

• Guardian

• Surrogate

• Person acting in parent’s place with whom child lives or who is legally responsible

• Foster parent only if biological parent’s rights extinguished and long term relationship

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Parent Tips

• Ask for and review evaluation data and reports before the IEP meeting

• Know who will attend, and who you will bring

• Gather information to share, including medical and other assessments

• Write down your questions• Write down your priorities

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An IEP has 4 basic parts

1. Present Levels of Performance (PLPs)

2. Annual Goals

3. Supports and Service

4. Placement

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Placement Options

Hospital or Institution

Home Instruction

Special School`

Special Class

Regular Class

←Most restrictive

←Least Restrictive

Section 504of the Rehabilitation Act

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Safeguards

• Parent consent• Prior written notice• Access to records• Independent evaluation• Procedures for placement changes• State Complaints• Mediation• Due Process hearings

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Resolving Disputes

IDEA ’04• Mediation

• KDE Complaint

• Due Process Hearing

• Court Actions

Section 504• Mediation

• Grievance

• OCR Complaint

• Court Actions

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Special Circumstances

• School may send student to an Alternative Placement– If, on school premises or at a school function,

the student• Has a weapon• Knowingly possesses or uses illegal drugs or sells

or solicits their sale• Has inflicted serious bodily injury on someone

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Special Circumstances

• School may send student to an Alternative Placement– For up to 45 school days– Without regard to whether the child’s behavior

is a manifestation of her disability

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Discipline for Students not yet IDEA-eligible

• School had knowledge that child had disability before the behavior occurred: – Parent expressed concern in writing to

teacher, supervisor, administrator– Parent requested an evaluation– Teacher expressed specific concern to DoSE

or other supervisor

Transitioning to the School Setting

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Selected Scene from Negotiating the ARC

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Do you see differences in an ARC meeting compared to a

IFSP meeting?

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Lack of collaborationAdversarial approach

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IDEA/504• Educators tend to guide the process based

on their perceptions of the student’s needs

• Parents can experience limited input

• Local school districts tend to be conservative with resources

• District implement IDEA/504 differently

• All services that are available to a student may not be mentioned during an ARC or 504 meeting

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IDEA/504

• Child my need an assessment

• Education - academic & social - total educational experience

• First Steps - developmental & medical

• Parents may not be told that they may bring professionals, friends, or advocates to an ARC or 504 meeting

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Selected Scene from Negotiating the ARC

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Preparation for Transitioning

• Educate yourself about IDEA/504• What services does the child need to be

successful in a school setting• What are the child’s strengths and

weaknesses• Contact the district’s director of special

education for information • Contact an advocacy group for information

and assistance

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Preparation for Transitioning

• Education yourself about related services: OT, PT, communication, and transportation

• An Assistive Technology assessment may be necessary

• Local school districts have additional resources to call upon -educational cooperative, AT cooperative, and others

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Examples of Collaboration

• Mediation resulted in collaboration with parent, school, and educational cooperative

• Due Process proceeding resolved by collaboration with parents, district personnel, and outside professionals of district and parent, which resulted in program improvement

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Examples of Collaboration

• Restraint and seclusion of student stopped with development of behavior plan with behavior specialist

• Other professionals invited to ARC, such as Impact, Impact Plus, doctors, therapist, advocates, independent evaluators

• Court personnel with parents and school

• First Steps and school

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Resources

• Your local school district

• Kentucky Department of Education

• Office of Special Education and Rehabilitative Services

• Protection & Advocacy

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Protection & Advocacy100 Fair Oaks Ln

Frankfort, KY 40601502.564.2967

502.564.0848 Fax800.372.2988 Toll Free

Protection and Advocacy receives funding from the US Department of Health and Human Services, the US Department of Education, and the US Social Security Administration.