Special Education Rights & ResponsibilitiesPresented by Joseph Feldman, Executive Director Community Alliance of Special Education (CASE) COPYRIGHT CASE 2011

WRITTEN PERMISSION OF CASE REQUIRED FOR DUPLICATION

caseCommunity Alliance for Special Education

Agency Services

Free Technical Assistance Consultation Representation at IEP Meetings and Due Process

Proceedings* Support Parents – Do Not Take Their Place in the Process* Work Constructively with School Districts* Prevenative Approach to Service Provision* Sliding Fee Scale – No One Turned Away * Record Review to Determine Merits of Case

Training on Special Education Rights and Responsibilities

415/431-2285 www.caseadvocacy.org

Serving Alameda, Contra Costa, Marin, Napa, Solano, Sonoma, San Francisco, San Mateo Counties

Principles of the IDEA and Section 504

Free Appropriate Public Education Appropriate Assessment Least Restrictive Environment Parent Participation Procedural Safeguards Individual Education Program (IEP)/504

Plan

Section 504 of the Rehabilitation Act of 1973

Eligibility – Condition that substantially limits a life activity

Guarantees a free, appropriate, public education Services are broad-based and determined on

student educational needs May include special education services,

instruction, accommodations and modifications Services determined by 504 Planning Team

Supplementary Aids and Services

A structured learning environment Repeating and simplifying instructions about in-class & homework assignments Supplementing verbal instructions with visual instructions Using behavioral management techniques Adjusting class schedules Modifying test delivery Using tape recorders, computer-aided instruction and other audio-visual equipment Modified textbooks or workbooks Tailoring homework assignments Reducing class size Use of one-on-one tutorials Classroom aides and note takers Involvement of a “services coordinator” to oversee implementation of special programs

and services Modification of nonacademic times such as lunchroom, recess and physical education

Special Education Acronyms

IDEA LEA ADD

RSP SDC

LRE OT PT

SLD DIS

IEP IQ FAPE

Definition of a “Child with a Disability”

IDEA 2004 defines a child with a disability as a child with: Mental retardation Hearing impairments (including deafness) Speech or language impairments Visual impairments (including blindness) Serious emotional disturbance Orthopedic impairments Autism Traumatic brain injury Other health impairments Specific learning disabilities

AND who, because of this disability, needs special education and related services.

Special Education The term special education means specially designed instruction, at

no cost to the parents, to meet the unique needs of a child with a disability including: Instruction conducted in the classroom, in the home, in hospitals and

institutions, and in other settings The term includes each of the following, if it meets the requirements of

special education: Speech-language pathology services, or any other related service, if

the service is considered special education rather than a related service under State standards

Travel training Vocational education

Specially designed instruction means adapting to the needs of an eligible child the content, methodology, or delivery of instruction: To address the unique needs of the child that result from the child’s

disability To ensure access of the child to the general curriculum, so that he or

she can meet the educational standards within the jurisdiction of the public agency that apply to all children.

Related Services

Required to assist student to benefit from special education instruction

Available to all special education students List not exhaustive Frequency – Duration – Location written in

IEP Mental Health Services under Gov. Code 26.5

(AB 3632)

These services may include, but are not limited to, the following:

1. Audiological services2. Orientation and mobility instruction3. Instruction in the home or hospital4. Adapted physical education5. Physical and occupational therapy6. Vision services7. Specialized driver training instruction8. Counseling and guidance9. Psychological services other than assessment and development of the individualized

education program10. Parent counseling and training11. Health and nursing services12. Social worker services13. Specially designed vocational education and career development14. Recreation services15. Specialized services for low incidence disabilities, such as readers, transcribers, and

vision and hearing services16. Speech and Language Services17. Medical evaluation for diagnostic purposes

Free Appropriate Public Education

Special education and related services that - Have been provided at public expense, under

public supervision and direction, and without charge

Meet the standards of the State educational agency

Include an appropriate preschool, elementary or secondary school education in the State involved

Are provided in conformity with an IEP

Evaluation Individualized testing Evaluation in the native language or mode of communication

Unless clearly not feasible to do so Nondiscriminatory evaluation

On a racial or cultural basis Any standardized tests to be validated for the specific purpose for

which they are used Tests administered by trained and knowledgeable personnel Tests administered in accordance with any instructions provided by

the producer of such tests The student must be assessed in all areas of suspected disability No single procedure is used as the sole criterion for determining

special education and an appropriate educational program Re-evaluation at parent request requires IEP

Assessed In All Areas

The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence,academic performance, communicative status and motor disabilities.

In evaluating each child with a disability, the evaluation is sufficiently comprehensive to identify all of the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.

Least Restrictive Environment (LRE)

Each public agency shall ensure - That to the maximum extent appropriate,

children with disabilities including public or private institutions or other care facilities are educated with children who are non-disabled.

That special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that the education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

Continuum of Alternative Placements

Each public agency shall ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services. The continuum must- Include the alternative placements which provide instruction in

regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions

Make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement

Special Education Is Not A Place

It is a constellation of services provided in the

Least Restrictive Environment

Parent Participation

Informed consent and co-equal decision making

Assessment activities and instruments IEP services Placement meetings and decisions

Procedural Safeguards State Due Process - Disagreement

Resolution Meeting Mediation Conference Due Process Hearing

State Compliance Complaint Process – Violation of Law State investigation Local investigation

Federal Office of Civil Rights (OCR) Complaint

Alternative Dispute Resolution Options

Administrative informal problem solving Teacher Principal Administration Ombudsperson

Alternative dispute resolution process Pre-hearing mediation

CASE IEPPyramid

Report of Progress and Alternative Assessment

Report of Progress and Alternative Assessment

Statement of Special Education & Related Services

Statement of Special Education & Related Services

Supplementary Aids Program ModificationsSupport for Personnel

Supplementary Aids Program ModificationsSupport for Personnel

Involvement in General Curriculum

Involvement in General Curriculum

Measurable Annual Goals &Short-term Objectives/Benchmarks

Measurable Annual Goals &Short-term Objectives/Benchmarks

Consideration of Special FactorsAssistive Technology Communication Transition Low Incidence Disabilities Vocational Behavioral

Consideration of Special FactorsAssistive Technology Communication Transition Low Incidence Disabilities Vocational Behavioral

Present Levels of Educational Performance

Present Levels of Educational Performance

PreparationPreparation

Placement

Timelines for Assessment and IEP

Child is referred for assessment Referral for assessment means any written request for

assessment to identity an individual with exceptional needs made by a parent, teacher, or other service provider.

Within 15 calendar days, the district must give parent proposed assessment plan meeting the following requirements. Be in language easily understood by the general public Be provided in the primary language of the parent or other mode of

mode of communication used by parent unless to do so is clearly not feasible

Explain each type of assessment instrument to be administered, the purpose of the instrument, and professional personnel responsible for administration and interpretation of the instrument.

Fully explain the facts which make an assessment necessary or desirable

State that no educational placement will result from the assessment without parental consent.

Include a copy of the notice of parent rights including an explanation of all procedural safeguards of state and federal special education law

Timelines for Assessment and IEP Parent must give written consent to conduct assessment. Parent has 15 calendar days to arrive at a decision.

Written shall be obtained before any assessment of the student is conducted unless the public education agency prevails in a due process hearing. The parent shall have at least 15 days from the receipt of the proposed assessment plan to arrive at a decision.

Assessment will be completed and IEP developed within 60 calendar days of receipt of parent’s written consent for assessment. It is expected that the student’s IEP will be implemented immediately following the IEP meeting. Exceptions: when meetings occur during summer or vacation period or

where circumstances require a short delay (ex. Transportation arrangements). There can be no undue delay in providing special education and related services to the child.

If the parent does not consent to all components of the IEP, then those components to which consent has been given shall be implemented so as not to delay providing education and services to the child.

IEP Team

The public agency shall ensure that the IEP team for each child with a disability includes: The parents of the child One regular education teacher if the child is participating in a regular

education environment At least one special education teacher or provider of the child A representative of the public agency who -

Is qualified to provide or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities

Is knowledgeable about the general curriculum and the availability of resources of the public agency

An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described above

At the discretion of the parent or the agency, other individuals who have knowledge or expertise regarding the child

If appropriate, the child.

Parent IEP Rights

Written Notice of Time, Location, Purpose of Meeting and Who Will Be Attending. Early Enough Notice to Ensure Parent Has

Opportunity To Attend For Student Who is 16, Informed That Transition Will

Be Discussed and Student Invited Meeting Scheduled at a Mutually Agreed Upon Time

and Place Right To Attend the Meeting and Be Accompanied By

Other Persons Ability To Present Concerns

Parent IEP Rights

Have A Language or Sign Interpreter Present – 504 and ADA Requirements

Obtain Copy of IEP IEP To Be Reviewed Annually IEP To Be Implemented As Soon As Possible IEP Must Be In Place At the Beginning of Each

School Year

Prior Written Notice

Provided A Reasonable Time Before School District Proposes or Refuses To Change Identification, Assessment, Placement or Provision of FAPE

Must Include: A Description of Action Proposed or Refused by School

District An Explanation of Why School Proposes Action An Explanation of the Evaluation, Procedure, Test or

Report the School Used as the Basis for the Action or Inaction

A Copy of Parents Right to Challenge the Action or Inaction

IEP Development - Flexibility

Changes to the IEP without an IEP meeting if Parent and District Agree (Written document required- May be by telephone conference)

 

Non-essential Staff need not attend IEP meeting if Parent and District Agree

 

Present Levels of Educational Performance

Academic Cognitive Perceptual Psychomotor Communication Social/Emotional/Behavioral Self-help/Daily Living Skills Transition Needs

Additional IEP Requirements

Linguistically Appropriate Goals, Objectives and Services Behavioral Support and Services Pre-vocational/ Vocational Education Extended Year Services (Summer School) Low-Incidence Disabilities Transition Services – School To Community Transition Services – Regular Class Program

Goals and Objectives

Annual Measurable Goals Short –term Objectives/Benchmarks for students

with Severe Disabilities Objective Criteria and Evaluation Procedures for

Measuring Achievement Schedule for Measurement Address Underlying Disability and Involvement

and Progress in General Curriculum

Statement of Special Education and Related Services

Provide Clear Picture of Needs Based on Individual Student Needs Relate to Other Parts of IEP Statement may Include, but not Limited to:

Curriculum Behavioral Management Techniques Class Age and Ability Ranges Teacher-Pupil Ratios Equipment and Materials Modifications to Regular Classroom

Placement Recommendation

Based on IEP Requirements/ Characteristics Continuum of Alternative Placements Available Least Restrictive Environment Must Be

Considered Observation of Placement Sites Decision of the Full IEP Team

Elements of the IEP Emphasizing General Ed Involvement

“Present levels of educational performance” must state how the child’s disability affects involvement and progress in the general curriculum.

“Annual goals, including benchmarks/objectives” are related to helping the child be involved and progress in the general curriculum.

Elements of the IEP Emphasizing General Ed Involvement

A statement of special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child - To advance appropriately toward attaining the annual

goals To be involved and progress in the general curriculum

and to participate in extracurricular activities and other nonacademic activities

To be educated and participate with other children with disabilities and nondisabled children.

What A Parent Should Know About How To Advocate in the IEP Process

Begin to keep a special education notebook – Confirm conversations in writing

Trust your own judgment – Sharing knowledge of your child is crucial

Do not be afraid to ask questions – special education terms is a new language

Do not go to the IEP meeting by yourself – Have support at the IEP meeting – bring independent assessors if available

Ask for a decision-maker to attend the meeting – Know the players who are attending the meeting and their roles

How To Advocate In the IEP Process(continued)

Review assessments prior to the meeting Plan for the IEP meeting – outline key services and meeting

strategies Use constructive approach to advocacy Include student strengths as well as deficits in IEP Make sure services are written into the IEP - if services are not

written, those services do not exist for student Use specific language in IEP Review what is written in each IEP section before moving on Use Addendum to add narrative description of services

How To Advocate in the IEP Process (continued)

Interrupt the structure of the meeting if necessary - make sure parent understands – ask directly

Know when to stop advocating… Agree to disagree and go on to another topic

Know difference between law and district policy Parent does not need to sign the IEP document at the IEP meeting

– Take it home to read before signing or consent to the parts that you agree should be implemented

Ask for copy of IEP before you leave the IEP meeting Use the law as a guidepost – know the law

Knowing legal rights and IEP development gives you a perspective on when and how strongly to

advocate

CASE IEPPyramid

Report of Progress and Alternative Assessment

Report of Progress and Alternative Assessment

Statement of Special Education & Related Services

Statement of Special Education & Related Services

Supplementary Aids Program ModificationsSupport for Personnel

Supplementary Aids Program ModificationsSupport for Personnel

Involvement in General Curriculum

Involvement in General Curriculum

Measurable Annual Goals &Short-term Objectives/Benchmarks

Measurable Annual Goals &Short-term Objectives/Benchmarks

Consideration of Special FactorsAssistive Technology Communication Transition Low Incidence Disabilities Vocational Behavioral

Consideration of Special FactorsAssistive Technology Communication Transition Low Incidence Disabilities Vocational Behavioral

Present Levels of Educational Performance

Present Levels of Educational Performance

PreparationPreparation

Placement

Discipline - Suspension

Students are generally treated the same as nondisabled students Misconduct requiring suspension must be related to a school activity School districts should use alternatives to suspension or expulsion to address

problems of truancy, tardiness and other absences from school Suspension is appropriate only after other means of correction have failed to bring

about proper conduct Teacher may order a suspension of for the day of the suspension and following day,

a principal or superintendent up to 5 consecutive days or 10 consecutive days by the governing board of the school district

Pre-suspension conference with student must be held unless an “emergency situation exists.” If no conference is held at the time of the suspension, the parent and student must be notified of the right to a conference. The conference must be held within 2 days of the suspension

School employee must make reasonable efforts to contact parents at the time of any suspension

Parents must receive a written notification of the suspension

Discipline - Expulsion

Expulsion of special education students is restricted  Expulsion is considered a change of placement

No suspension for more than 10 consecutive days or 10 cumulative days if the suspensions represent a pattern of suspensions

  Manifestation Meeting required prior to expulsion.

Students considered for expulsion may be removed to Interim Placement – Weapons, Drugs, Bodily Injury – 45 days

If expelled, special education services do not cease

Manifestation Determination Meeting

Federal Requirement

Within 10 days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the school

district, parents and relevant members of the IEP team (as determined by the parent and school district) must review all relevant information in the student’s file, including the student’s IEP, any teacher observations, and any information provided by the parents to determine if the behavior subject to discipline was:

Caused by, or was in direct/substantial relationship, to child’s disability or A direct result of the school district’s failure to implement the IEP

Eligibility Determination Requirements

IEP Meeting required to make eligibility determinations,

Student not eligible if the determinant factor for the determination is:

1) Lack of appropriate of instruction in reading 2) Lack of instruction in mathematics 3) Limited-English proficiency

Eligibility Criteria for Learning Disabled

Must have a disorder in one of the basic psychological processes involved in understanding or using spoken or written language (attention, visual processing, auditory processing, sensory-motor skills, and cognitive abilities including association, conceptualization, and expression)

May manifest itself in an impaired ability to listen, think, read, write, spell, or do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.

Eligibility Criteria for Learning Disabled (continued)

(Optional) Student must have a severe discrepancy between intellectual ability and achievement in one or more academic areas (such as oral expression, listening comprehension, written expression, basic reading skills, reading

comprehension, mathematics reasoning and calculation)

New Eligibility Criteria for Students with Learning Disabilities

When Provided with Learning Experiences and Instruction appropriate for student’s age or grade level standards: Student does not achieve adequately for

student’s age or to meet state-approved grade level standards

(Oral Expression, Listening Comprehension, Written Expression, Basic Reading Skill, Reading Fluency Skills, Reading Comprehension, Mathematics Calculation, or Mathematics Problem Solving)

New Eligibility Criteria for Students with Learning Disabilities (Continued)

Student fails to progress after the provision of specific instruction during assessment (RTI) or

Student exhibits a pattern of strengths and weaknesses or achievement, relative to intellectual development, that the IEP team determines is relevant to the identification of a learning disability.

Eligibility Criteria for Emotionally Disturbed

Because of a serious emotional disturbance, pupil exhibits one or more of the following characteristics over a long period of time and to a marked degree, which adversely effects educational performance:

* An inability to learn which cannot be explained by intellectual, sensory, or health factors * An inability to build or maintain satisfactory interpersonal relationships with peers and teachers * Inappropriate types of behavior or feelings under normal circumstances exhibited in several situations * A general pervasive mood of unhappiness or depression * A tendency to develop physical symptoms or fears associated with personal or school problems

Eligibility Criteria for Other Health Impaired

A student has limited strength, vitality or alertness, due to chronic health problems, including but not limited to…(includes ADD/ADHD per California Education Code Section 56339)

Which adversely affects a student’s educational performance

Definition of Adversely Affects Educational Performance

Educational performance is a broad concept that includes academic, social, health, emotional, communicative, physical, and vocational needs

Grades and standardized tests are only one measure of educational performance

Schools must consider how a student’s emotional, health or other conditions (ADD/ADHD) adversely affect the student’s non-academic performance in social, behavioral, and other domains (including non-classroom settings)