Stepping It Up: Making the Most of Special Education

Kelly Henderson, Ph.D.

Formed Families Forward

Who we are…• We provide training and direct support to

foster, adoptive and kinship families in northern Va who are raising children and youth with special educational needs.

• Kelly- Mom; Executive Director; Adjunct Faculty, Special Education at GMU Kelly.henderson@formedfamiliesforward.org

www.formedfamiliesforward.org

Today’s plan• Understanding the mountain:

– Basics of early intervention (birth - age 3)

– Basics of disability access

– Basics of special education (age 3 – 21)

• Living with the mountain: IDEA cycle

• Alternative routes to scale the mountain: Special Issues for formed families

Alphabet Soup

• Stand up or wave big if you know the meaning of the education acronym.

Many Mountains

• Access/equal opportunity

– Section 504 of Rehabilitation Act

– Americans with Disabilities Act (ADA)

• Specialized Instruction

– Individuals with Disabilities Education Act (IDEA) and its many parts

• Services and Supports through other systems

Section 504

• Section 504 of the Rehabilitation Act of 1973 protects rights if individuals with disabilities in programs and activities that receive Federal financial assistance, including public school districts.

• Prohibits discrimination of those with disabilities-physical or mental impairment that substantially limits a major life activity, including learning, communicating, concentrating, reading, etc.

Section 504, continued• Office of Civil Rights, US Department of Education

enforces. New guidance re: implications of 2008 amendments to the Americans with Disabilities Act (ADA) that more broadly defines “disability”.

• Referral begins with Multipurpose Referral form and local screening committee meetings. Once eligible:

• Knowledgeable committee creates a plan for accommodations; reviewed annually.

• Procedural safeguards apply.

Amendments to Americans with Disabilities Act, 2008

• Amends the ADA and Section 504 to broaden the potential class of persons with disabilities protected by the statutes.

• Academic success does not necessarily disqualify a student from being identified with a disability.

• http://www2.ed.gov/about/offices/list/ocr/docs/dcl-504faq-201109.pdf

Live with the Mountain(s)

On to the Basics of IDEA-Individuals with Disabilities

Education Act

Thanks to Parent Educational Advocacy Training Center,

the Virginia Parent Training center; some slides from

their Special Education Tour, www.peatc.org

Early Intervention---What is it?

• A federally mandated program for providing services for 0 to 3 year olds with special needs

• Also called Part C, because it is described in Part C of the Individuals with Disabilities Education Act (IDEA)

Resources for EI section: NICHCY Overview of Early Intervention, http://nichcy.org/babies/overview

Early Intervention---Who is eligible

• Children are eligible if:

– They have developmental delays in one or more of the 5 developmental domains (cognitive, physical, social-emotional, communication development, and adaptive development)

OR

– They have a diagnosed mental or physical condition likely to result in a developmental delay

OR (at states’ discretion)

– They are deemed AT RISK of developing a delay

Early Intervention---The process

• Contact the early intervention system and receive a multidisciplinary evaluation and assessment

• If your child is eligible, work with a team to create your child’s Individualized Family Service Plan (IFSP), which outlines the services your family and your child will receive

• Begin receiving services (this can happen at home, in a clinic, in a center, etc.---the focus is on natural environments)

What is Special Education?Individuals with Disabilities Education

Act (IDEA)

• Specifically designed instruction

• At no cost to parents

• To meet the unique needs of a child with disabilities

The Legal Foundations for Special Education

• The Individuals with Disabilities Education Improvement Act (IDEA) 2004

• State Special Education rules, regulations, policies-http://www.doe.virginia.gov/special_ed/regulations/state/regs_speced_disability_va.pdf

IDEA Guarantee:

• A free, appropriate education for all children (FAPE)

• Placement in the least restrictive environment

• Protection for the rights of children and their parents

• Parent participation in educational

planning

The Special Education Cycle

• Order the stages of special education processes starting from Referral.

The Special Education Cycle

From the beginning, there are steps to getting a program for a

child with disabilities.

Evaluation

Annual Review

Referral

Instruction &

Monitoring

Eligibility

IEP

Referral• The Referral is a formal (oral or written) notification

to the local school system that a child is experiencing learning or developmental difficulties and may require a full evaluation for early intervention or special education and related services.

• A referral may be made by a family, teacher or other individual.

• A written request documents the referral and starts a timeline.

3 - 10 - 3 – 65 all business

• 3 days from the special education administrator’s receipt of the referral (request for evaluation) to request a review by the school-based team, decide to evaluate, or deny the request;

• 10 days of its receipt of the referral from the administrator, the school-based team must decide whether to evaluate.

• 3 days for referral to be forwarded to administrator if team determines child should be referred for evaluation.

• 65 days after the special education administrator receives the referral for evaluation, eligibility for special education and related services must be determined. The 65 includes the up to 10 used by the school-based team. However, the parent and the eligibility group may agree in writing to extend the 65 days to obtain additional data that cannot be obtained during the initial 65 business days.

Evaluation• An Evaluation is the process of collecting information

about a referred student’s learning needs through a series of individual tests, observations, and talks with the student, the family and others.

• This information is used to determine whether the child has a disability as well as the nature and extent of the special education and related services that the child needs.

• Conducted at no cost to parents.

• Parents are members of the team reviewing the evaluation data and deciding whether more information is needed.

Independent Educational Evaluation

• If parents disagree with a test given during their child’s evaluation process, they have the right to request an independent evaluation (IEE) conducted by a qualified person who does not work for the school.

• Parents may request that the school pay for the IEE. However, the school may ask for a due process hearing to show that its initial evaluation is appropriate.

• Even if it is decided that the school does not have to pay for it, parents have the right to an IEE.

• If parents pay for the IEE, they determine whether or not to share the information in the IEE with the school.

Eligibility

• Based on the results of the evaluation, a team decides if a child is Eligible to receive early intervention or special education and related services.

• Parents are members of the eligibility team and receive documentation of the determination of eligibility at no cost.

Evaluation

Annual Review

Referral

Instruction &

Monitoring

Eligibility

IEP

Who is Eligible?

Children with:

• Autism

• Deafness

• Deaf-blindness

• Developmental delay *

• Emotional disability

• Hearing impairment, including deafness

• Intellectual disability

• Multiple disability

• Orthopedic impairment

• Other health impairment, including ADHD

• Specific learning disability

• Speech or language impairment

• Traumatic brain injury

• Visual impairment, including blindness

* Use of DD for children age 3 through 9 is at discretion of state and local school systems.

Individualized Education Program (IEP)

Every child in special education must have an Individualized Education Program (IEP).

Evaluation

Annual Review

Referral

Instruction &

Monitoring

Eligibility

IEP

Individualized Educational Program (IEP)

• The IEP is a written statement describing the specially designed program developed to meet the needs of the individual child.

• Parents are to be members of

the IEP team and participate

with school personnel in the

development of the IEP.

• The child should also participate in the IEP decision making process as early as possible.

IEP Timelines

• For a child NEW to special education, the IEP must be developed within 30 calendar days of the initial determination of eligibility.

• Individual states may have specific timelines about revision of the IEP following re-evaluation, receipt of new information or lack of expected progress towards annual goals or in the general education curriculum.

Timelines, continued• Once a child is determined

eligible and has an IEP, the team meets at least once a year to review and revise the IEP. Parents can request an IEP review at any time.

• In between annual reviews changes to IEP that school and parents agree to can be made without a meeting as long as all members of the team are informed of the changes.

What is on the IEP?

• Present levels of academic achievement and functional performance

• Measurable annual goals• Plans for measuring progress• Participation in state and

division-wide assessments• Special education, modifications and related services

to be provided including dates and locations• Participation with children without disabilities• Secondary transition services including rights at age

of majority

Related Servicespartial list of developmental, corrective, or supportive services

required for the child to benefit from special education, including:

– Occupational therapy

– Physical therapy

– Transportation

– Counseling

– Speech and language therapy

– Audiology services

– Interpreting services

– Early identification

– Diagnostic services

– School health/nurse services

– Social work services

– Crisis Intervention

– Assistive technology

– Non-academic services

– Extra curricular activities

– Orientation/mobility training

– Rehabilitation counseling

– Psychological services

– Parent counseling and training

Developing SMART IEP goals

S - Specific

M - Measurable

A - Use Action Words

R - Realistic and relevant

T - Time-limited

SMART Examples

• At the end of the first semester, Mark will touch-type a passage of text at a speed of 20 words per minute, with no more than 10 errors, with progress measured on a five-minute timed test.

• Given a class discussion on assigned reading material, Heather will squeeze stress ball and wait silently for 20 seconds for others to comment before adding to discussions, in 4 of 5 weekly trials by the end of 2nd grade.

Your turn

• Create an appropriate SMART goals (academic or behavioral) for a child in your life.

S - Specific

M - Measurable

A - Use Action Words

R - Realistic and relevant

T - Time-limited

Placement in the“Least Restrictive Environment”

• A placement decision is made at the IEP meeting –identifying the location of the appropriate school program and services needed to meet the child’s educational goals on the IEP statement.

• Students with disabilities are to be educated, to the maximum extent possible, with children who are not disabled. This is called the “least restrictive

environment” or LRE.

A continuum of alternative placements so that each child with a disability will have an appropriate program. This includes:

• general education classes;

• special education classes;

• special education schools;

• home-based instruction, if required by the IEP, or homebound instruction; and

• instruction in hospitals and institutions, including state facilities.

What if LRE is not our neighborhood school?

• The IEP team must consider placement closest to the child’s home, where he or she would attend if not disabled, unless the IEP indicates that another school is appropriate.

• If the student is not receiving services with nondisabled peers, the school should consider extra-curricular activities or other ways for the student to interact.

Comprehensive Services Act

• CSA is a state law that establishes local multi-agency teams that meet to develop plans (Individual Family Services Plans) to address the needs of certain children and youth in the community: those with serious emotional disorders and intellectual disabilities.

• Foster children and often others are considered “mandated” groups (http://www.csa.state.va.us).

Instruction and Monitoring

After the IEP is written and a child is placed in an educational setting, learning activities begin in the classroom.

Evaluation

Annual Review

Referral

Instruction &

Monitoring

Eligibility

IEP

Instruction and Monitoring

• Parents and school personnel must work together to make the IEP and placement work for the child.

• Parents are to be kept regularly informed of their child’s progress as defined inthe IEP.

• IEP is to be accessible to each regular education, special education teacher, related services providers, etc.

Annual Review

• The Annual Review is a meeting held at least once a year to look at, talk about, and study a student’s IEP.

Evaluation

Annual Review

Referral

Instruction &

Monitoring

Eligibility

IEP

Annual Review

The purpose of the Annual Review is to make decisions about changes in the IEP, review the placement, and develop a new IEP for the year ahead.

Non-Academic Protections

Section 504 prohibits discrimination against students with disabilities in non-academic settings:• Before and after-school programs

• Field trips

• Extracurricular activities & athletics

• Career/guidance services

• Transportation

If student has IEP, should include the program modifications or supports to participate in extracurricular and nonacademic activities

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Transition Planning

• Transition planning is careful preparation by the student, parents, educators, and other service providers, for the time when the student leaves high school.

• Transition services (appropriate measurable postsecondary goals and transition services) to be on IEP no later than the first IEP to be in effect when child turns 16.

• The plan is written in the Individualized Transition Plan.

Transition Services

• The IEP Transition goals should

relate to: - Education

- Training

- Employment

- Independent living skills (if appropriate)

• The transition services must take into account a student’s strengths, preferences and interests.

• By age 16, the IEP must include a statement of interagency responsibilities and linkages.

• Parents and caregivers need to be aware of diploma options and graduation requirements!

Post secondary transitions

• IDEA defines “transition services” broadly: a coordinated set of activities focus on improving academic and functional achievement of child to facilitate movement to post-secondary activities, including postsecondary education, vocational education, integrated employment, continuing and adult education, adult services, independent living, or community participation.

Post secondary transitions, continued

• Is based on needs of child; includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives and if appropriate acquisition of daily living skills and a functional vocational evaluation.

• Child is to attend IEPs when postsecondary goals and transition services are being considered. Other agencies also often involved.

• http://www.nsttac.org/content/evidence-based-practices has some information on evidence-based practices.

Triennial and Reevaluation

Re-evaluation occurs

•at least every three years, (unless the parent and school personnel agree

that it is not necessary). Or

•If a child is not making expected progress and a parent or teacher requests

one (unless the specific evaluation requested is less than a year old).

Evaluation

Annual Review

Reevaluation

Referral

Instruction &

Monitoring

Eligibility

IEP

“Formed Families” issues

• Who acts as educational decisionmaker?

• Emotional and behavioral supports

• Transitions, throughout development, including post-secondary preparation and planning

• Fostering Connections/educational stability

• Multiple agencies

• Conflict potential

Legal status of caregiversDefinition of parent in Virginia regulations:

a. A biological or adoptive parent of a child;

b. A foster parent, even if the biological or adoptive parent’s rights have not been terminated (school has to provide written notice to biological parent that foster parent is acting as parent; school is “entitled” to rely upon actions of foster parent until biological parent attempts to act as parent);

c. A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child;

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d. An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare;

e. If none of above can serve, a surrogate parent appointed by school; or

f. An emancipated minor.

NOTE: A judicial decree or order identifying a specific person(s) to act as “parent” or make educational decisions on behalf

of the child, trumps the above

order of priorities.52

Other references to foster parents• A foster child who has a foster parent is not

considered a “ward of the state”. Schools do not need consent for initial evaluation for eligibility for wards of the state.

• Schools must send written notice to biological parents of a child who is living with a foster parent and whose parental rights have not been terminated, of IEP or eligibility meetings.

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Services that can help

Post-placement services are significant in

predicting successful adoptions:

• Crisis intervention

• Outpatient drug and alcohol treatment, if

necessary

• Maintenance subsidy

• Physical therapy

• Special medical equipment

• Family counseling

Communication

Can you

hear me

now?

Strategies for being heard• Beforehand, think and write out your main points-

what do you want for your child as a result of the meeting/conversation?

• Bring another adult with you.

• If you don’t understand something, ask.

• Clarify your understanding.

• End conversation/leave meeting only after a plan for future steps is developed and responsible parties identified.

• Keep records of all communications.

Tips for Collaborating in theSpecial Education Context

• Identifying children: Expedite evaluations

• Ensure consents are available, signed and provided to school district. Document.

• Attend & share “appropriate” information at IEP meetings. Communicate in between.

• Address behaviors, don’t deny them. Attend school discipline meetings.

• Conduct functional behavior assessment AND revision IEPs re disability-related conduct.

• Consider a child’s need for 504 Plan.

• Coordinate transition planning. M.McInerney, Ed Law Center, PA

Protections under the law:

• IDEA provides procedural safeguards (legal rights and protections to parent and child). Among these are prior written notice, opportunity to participate, parental consent for many school actions, confidentiality of school records, discipline, use of insurance, and resolving disputes.

• A copy of Procedural Safeguards notice must be provided to all families at initial referral or parent request for evaluation, if complaint is filed, discipline procedures, at least annually (usually at the IEP review) and upon request by parent.

Dispute ResolutionOptions in IDEA:

Mediation- voluntary, State-directed and funded, involves impartial mediator, results in legally binding agreement signed by parent and agency, confidential.

Due Process Complaint- filed by parent or agency, related to ID, evaluation, placement or provision of FAPE, involves timelines for notifying other party, opportunity for response by other party.

Dispute Resolution, continuedOptions in IDEA:

Resolution meeting- within 15 days of receiving notice of the parent’s due process complaint, school district must convene meeting to discuss complaint and provide district opportunity to resolve dispute; can be waived.

Impartial due process hearing- heard by impartial, knowledgeable hearing officer, hearing rights specified, final decisions but can bring civil action. (34 CFR 300.500-517)

Special Education Resources• Federally-funded centers that have expertise on special

education topics: http://www.tadnet.org/

• National Dissemination Center for Children with Disabilities : http://nichcy.org/• Fact sheets on many disabilities

• Virginia Department of Education-http://www.doe.virginia.gov/special_ed/

• Virginia Family Special Education Connection

• http://vafamilysped.org/

• Council of Parent Attorneys andAdvocates (COPAA): http://www.copaa.org/

Other disability resourcesDownload Formed Families Forward’s No Va resource

guide- www.formedfamiliesforward.org

Some federal programs-

SSI - http://www.ssa.gov/pgm/ssi.htm

Rehabilitation - http://rsa.ed.gov/ (link to Va DeptRehab Services)

Va Disability Services agencies http://www.vadsa.org/

Va long term care/waivers http://www.dmas.virginia.gov/Content_pgs/ltc-home.aspx

Va Behavioral Health and Developmental Services http://www.dbhds.virginia.gov/

Keep Climbing that Mountain

• The view is better from the top!