advocacy, special education rights & responsibilities presented by steve ashman executive...
TRANSCRIPT
Advocacy, Special Education Rights &
Responsibilities
Presented by Steve AshmanExecutive Director,
CASA of Stanislaus County(Stanislaus County is somewhere in the middle of
California!)
ADVOCACY … Things to Remember
DELAY IS THE ENEMY !DELAY IS THE ENEMY !DOCUMENT !DOCUMENT !KNOW WHO HOLDS ED KNOW WHO HOLDS ED
RIGHTS …RIGHTS …POLICY IS NOT LAW !POLICY IS NOT LAW !The CHICKEN or the PIG?The CHICKEN or the PIG?
The most important things to know about being a good advocate …
Create RelationshipsCreate RelationshipsCommunicate ideasCommunicate ideasKnow the facts and how Know the facts and how
the law appliesthe law appliesKeep your eye on the ballKeep your eye on the ballQuestion anything you Question anything you
don’t understanddon’t understand
In any and all meetings …
Inform all parties of your roleInform all parties of your rolePut the child’s needs firstPut the child’s needs firstGet your ‘message’ acrossGet your ‘message’ across
• ClarifyClarify• Get all PerspectivesGet all Perspectives• Find Common GroundFind Common Ground• Add InformationAdd Information• State Your Position ClearlyState Your Position Clearly
Remember to …
Keep Clear RecordsKeep Clear RecordsBe organizedBe organizedKeep Copies of EVERYTHINGKeep Copies of EVERYTHINGPut EVERYTHING in writingPut EVERYTHING in writingKeep a logKeep a logRecap after every meeting … Recap after every meeting …
clarify all issues still unclearclarify all issues still unclear
TheIEPPyramid
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
Special Education Is Not A Special Education Is Not A PlacePlace
It is a constellation of services provided in the
Least Restrictive EnvironmentLeast Restrictive Environment
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
504Eligibility? – Must have a
condition that substantially limits a major life activity
Section 504 of the Rehabilitation Act of 1973
Hearing, Seeing, Breathing, Walking, Talking, Thinking…
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
Special Education
Definition of a “Child with a Disability” IDEA 2004 defines a child with a disability as a child withIDEA 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 disabilitybecause of this disability, needs special education and related servicesneeds special education and related services.
Eligibility Criteria for Learning DisabledEligibility 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
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.
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
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.
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.
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
What does “Adversely Affects Educational Performance” Mean?
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)
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.
Definition of Parent
A natural or adoptive parent A foster parent A guardian – but not the State if the student
is a ward of the court An individual acting in the place of a natural
or adoptive parent, including:• A grandparent, stepparent, or other relative with
whom the student lives, or
• An individual who is legally responsible for the student’s welfare
An appointed surrogate parent
Appointment of A Surrogate Parent First preference given to relative caretaker, foster parent,
or CASA Represent the student in matters related to the provision
of special education and related services Representation includes written consent for IEP including
mental health treatment services, non-emergency medical services and occupational or physical therapy services
Surrogate parent may resign only after giving notice to school district
School district may terminate appointment for cause
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 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.
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.
Transition Requirements
Included On IEP After Student Turns 16 Contains Appropriate, Measurable Post
Secondary Goals Transition Services – Including Courses of
Study Based on Age-Appropriate Assessment
• Training
• Education
• Employment
• Independent Living Skills
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
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 NOT RECYCLED YEAR TO YEAR
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
Report of Progress and Testing Accommodations
Decision of the Full IEP Team Frequency – Report Cards/IEP Review Determines Graduation Alternatives Addresses Accommodations and Modifications
To Testing Determines Participation In Standardized
Testing (STAR, Exit Exam)
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
If expelled, special education services do not cease
Manifestation Determination Meeting
IEP team must determine if the behavior subject to discipline was:
(Federal Requirement)
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
(Previous Requirement)
1. The student’s IEP and placement were appropriate and the special education, supplementary aids and services and behavior interventions strategies were provided consistent with that IEP and placement
2. The student’s disability did not impair his ability to understand the impact and consequences of the behavior subject to discipline
3. The student’s disability did not impair his ability to control the behavior subject to discipline