parent advocacy training powerpoint presentation - hear indiana

64

Upload: others

Post on 23-Feb-2022

1 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Parent Advocacy Training PowerPoint Presentation - Hear Indiana
Page 2: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Parent Advocacy Training

(PAT)(PAT)

Online module will be available in August 2010 at AGBell.org

Page 3: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Parent Advocacy Training

• Revamped with funding from Oticonbecause hh/d children who use spoken language are often not provided with appropriate accommodationsappropriate accommodations

• Purpose: Helping parents become stronger advocates for their children living with hearing loss as they work with local school districts and service providers

Alexander Graham Bell

Association of Deaf and Hard of Hearing 3

Page 4: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Parent Advocacy Training (PAT)

Special thanks to AG Bell, Oticon, Bruce Goldstein, Sarah Seaburg, and Lisa Kovacs

Alexander Graham Bell

Association of Deaf and Hard of Hearing 4

My contact info is: [email protected]

Naomi Horton, MS, CCC-SLP

Executive Director for Hear Indiana

Page 5: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Legal Framework

IDEA- Individuals with Disabilities Education Act

• Education Law

• IFSP- Individualized Family Service Plan (ages 0-35 mos.)

ADA- American’s with Disabilities Act

• Discrimination Law

• Disability without mitigation (or without amplification) must (ages 0-35 mos.)

• IEP- Individualized Education Plan (ages 3-21 yrs.)

• Disability must impact learning

• Parents play a critical role

amplification) must impact access

• Section 504 of the Rehabilitation Act

• 504 Plan – the document is more vague and ambiguous than an IEP

Alexander Graham Bell

Association of Deaf and Hard of Hearing 5

Page 6: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

IDEA and the IEP Process

• IDEA is a federal law

• Provides for a Free Appropriate Public

Alexander Graham Bell

Association of Deaf and Hard of Hearing6

Appropriate Public Education (FAPE)

• Parents play a key role

Page 7: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Focusing on IDEA

• Part C Services (0-35 mos.) Our Early Intervention System is called First Steps. It is governed by Article 3.1. In Indiana, Part C is administered by the Family and Social Services Administration (FSSA).Administration (FSSA).

• Part B Services (age 3 – 21yrs.) Our local school districts receive ~$8,300 per child with and IEP for hearing loss. In IN, Part B is administered by the Dept. of Education under

Article 7.

Alexander Graham Bell

Association of Deaf and Hard of Hearing 7

Page 8: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

IFSP

• Children in Indiana are eligible as soon as the hearing loss has been confirmed

• Eligible due to sensory impairment placing them at high probability of delay (doctor’s signature and audiologist’s report required.)and audiologist’s report required.)

• Based on the parent driven Outcomes, the Eligibility Determination (ED) Team determines need (duration and frequency) of services

• Services must be provided in a “natural environment”- of which there are many.

• Services are developmental not medical.Alexander Graham Bell

Association of Deaf and Hard of Hearing 8

Page 9: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

First Steps Timelines

• Within 45 days of referral, a child must be evaluated and the IFSP meeting must be held.

• An individual provider should begin services within 30 days of IFSP date.

• Review of IFSP every 6 months or whenever • Review of IFSP every 6 months or whenever you request a review

• Annual re-evaluation in child’s “native language” and child’s “mode of communication”

• Written notice of meeting at least 10 days prior

• Transition conference with school personnel held 90 days- 9 mos. before 3rd birthday

Alexander Graham Bell

Association of Deaf and Hard of Hearing 9

Page 10: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Focusing on Part B of IDEAFocusing on Part B of IDEA

The IEP Process

Page 11: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Steps to Create an IEP

1. Identification of the child

2. Evaluation of the child

Alexander Graham Bell

Association of Deaf and Hard of Hearing11

3. Developing the plan (IEP)

4. Implementing and evaluating the plan (IEP)

Page 12: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Identification of the Child

�Schools must identify each child

�Parents can have some control by taking the first step

Alexander Graham Bell

Association of Deaf and Hard of Hearing12

the first step

�� Make a request in writingMake a request in writing

�� List every issueList every issue

�� Read literature and talk with service Read literature and talk with service providers to determine possible delays or providers to determine possible delays or problemsproblems

Page 13: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Evaluation of the Child

The evaluation must assist in determining:

�� Whether the child has a disability Whether the child has a disability

Alexander Graham Bell

Association of Deaf and Hard of Hearing13

�� Whether the child has a disability Whether the child has a disability

��Eligibility/educational impact and deficitsEligibility/educational impact and deficits

�� All potential problemsAll potential problems

�� The educational needs of the child The educational needs of the child

Page 14: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Evaluation of the Child

• Initial Evaluation

–– 60 days to complete60 days to complete

–– Screening is not EvaluationScreening is not Evaluation

–– Evaluation copies must be share with Evaluation copies must be share with –– Evaluation copies must be share with Evaluation copies must be share with parentsparents

•• Entitled to a copy of the reportEntitled to a copy of the report

•• Request it in advance of IEP Meeting (aka Request it in advance of IEP Meeting (aka Case Conference)Case Conference)

•• Always put your requests in writing.Always put your requests in writing.

Alexander Graham Bell

Association of Deaf and Hard of Hearing 14

Page 15: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Re-evaluation Time Frames

• Maximum of once per year

• Minimum of every three years

–– District must notify the parent in writing District must notify the parent in writing if they choose not to do new testingif they choose not to do new testingif they choose not to do new testingif they choose not to do new testing

–– Parents have the right to require that new Parents have the right to require that new testing be donetesting be done

–– District can more forward with reDistrict can more forward with re--evaleval if if parent ignores requests repeatedlyparent ignores requests repeatedly

Alexander Graham Bell

Association of Deaf and Hard of Hearing 15

Page 16: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Evaluation Continued

• Re-evaluations

–– The School District must consider The School District must consider parents’ concerns (1 parents’ concerns (1 evaleval per year is per year is typical)typical)

–– You have the right to request additional You have the right to request additional –– You have the right to request additional You have the right to request additional testingtesting

–– School has the right to request a reSchool has the right to request a re--evalevalbut they must obtain parental consentbut they must obtain parental consent

–– Either party has the right to pursue a Either party has the right to pursue a hearing if both do not agree on need for hearing if both do not agree on need for rere--evaleval

Alexander Graham Bell

Association of Deaf and Hard of Hearing 16

Page 17: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Requirements for the Evaluation

• Tests may not be discriminatory

• Must be child’s native language

• Variety of assessment tools must be used

Alexander Graham Bell

Association of Deaf and Hard of Hearing17

• Variety of assessment tools must be used

• May (and should) include information from parents

• Tests should be given by personnel who are properly trained

Page 18: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Requirements for the Evaluation

• Test for educational need, not intelligence

• Reflect needs based on disability and other educational needs

Alexander Graham Bell

Association of Deaf and Hard of Hearing18

• No single evaluation factor, e.g. grades

• Technically sound instruments

Page 19: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Independent Education Evaluation (IEE)

• You can request the school district to pay for additional testing by independent professional

• The IEP team must consider the request

• The school can select the evaluator• The school can select the evaluator

• When an IEE demonstrates additional significant info the school should be responsible for the fee, but…

• You or the school district can initiate a hearing to dispute who pays the fee

Alexander Graham Bell

Association of Deaf and Hard of Hearing 19

Page 20: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Options if the team says “NO” to IEE

Pay fee for IEE yourself

• Send the evaluation with the bill.

–– School district can pay School district can pay the bill or take you to a the bill or take you to a

Or Go to a Hearing over fees before or after the

IEE

• Judge will determine if the bill or take you to a the bill or take you to a hearinghearing

–– If the evaluation offers If the evaluation offers significant additional significant additional info, school will have to info, school will have to paypay

–– If you get the evaluation If you get the evaluation done first then you can done first then you can decide whether or not to decide whether or not to share it with schoolshare it with school

• Judge will determine if the evaluation done by the district was appropriate

–– If deemed inappropriate, If deemed inappropriate, then the school will have then the school will have to pay for the to pay for the independent evaluation.independent evaluation.

Alexander Graham Bell

Association of Deaf and Hard of Hearing 20

Page 21: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Developing the IEP

• The Team includes the parents and the school district representative(s)

• must be considered by the team:

Alexander Graham Bell

Association of Deaf and Hard of Hearing21

• must be considered by the team:

�� Strengths of the childStrengths of the child

�� Concerns of the parentsConcerns of the parents

�� Evaluation resultsEvaluation results

�� Child’s academic, developmental, & functional Child’s academic, developmental, & functional needsneeds

Page 22: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

The IEP Team Consists of…

• Parents

• Regular Ed. Teacher and Special Ed. Teacher

• Local Education Agency (LEA) Rep-

–– egeg. The person who oversees Special Ed . The person who oversees Special Ed –– egeg. The person who oversees Special Ed . The person who oversees Special Ed in Districtin District

• Someone to review evaluation results

• One person may fill more than one role

• Anyone else the parent or LEA would like to invite (e.g., LSLS Cert AVT or AVEd)

Alexander Graham Bell

Association of Deaf and Hard of Hearing 22

Page 23: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

GETTING READY FOR THE IEP

• You need to know for what you are asking and back it up in writing

• Do what you can to understand the district’s point of view

• www.wrightslaw.com Created by a parent & has lots of • www.wrightslaw.com Created by a parent & has lots of free legal information regarding special education.

• www.nasdse.org – Deaf Education Initiative webpage you can order a guide called, “Meeting the Needs of Students who are deaf/hh” for $25.

• More at HearIndiana.org/advocacy

Alexander Graham Bell

Association of Deaf and Hard of Hearing 23

Page 24: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

During the Meeting: Ask Questions

• “Please show me in the law where that is stated.” (without sarcasm)

• “Please tell me how services are individualized for my child?”individualized for my child?”

• “I think what I heard was … did I hear you right?”

• “Can you help me understand how that approach will work in practice?”

Alexander Graham Bell

Association of Deaf and Hard of Hearing 24

Page 25: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

IEP Team AttendanceNew Provisions

� Attendance not necessary

� Excusal

� Written Agreement & Consent Required

Alexander Graham Bell

Association of Deaf and Hard of Hearing25

� Written Agreement & Consent Required

� Incorporate Changes by amendment

� Part C Invitation to attend IEP Initial Meeting

Page 26: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Special Factors for D/HH

� Child’s language and communication needs

� Opportunities for direct communication

�� With peer and professionals in the child’s language and With peer and professionals in the child’s language and communication modecommunication mode

Alexander Graham Bell

Association of Deaf and Hard of Hearing26

� Full range of needs and Academic Level

�� Direct instruction in communication mode of childDirect instruction in communication mode of child

� Assistive technology devices and services

� Acoustical modifications

Page 27: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Preferred Mode of Communication

• The LEA must consider the child’s preferred mode of communication (e.g., oral only, TC, ASL only).

• Note: The educational placement is not • Note: The educational placement is not about arguing educational methodology (which can be decided by a school)

Alexander Graham Bell

Association of Deaf and Hard of Hearing 27

Page 28: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Other Considerations

Related services, e.g.

–– AudiologyAudiology

•• Hearing test is Hearing test is coveredcovered

•• Excludes a medical Excludes a medical

–– Physical & Occupational Physical & Occupational TherapyTherapy

–– Psychological servicePsychological service

–– Rehabilitation Rehabilitation counselingcounseling

–– Parent counseling & Parent counseling & trainingtraining

Alexander Graham Bell

Association of Deaf and Hard of Hearing28

device surgically device surgically implantedimplanted

–– Auditory training Auditory training and Rehabilitationand Rehabilitation

–– SpeechSpeech--Language Language PathologyPathology

trainingtraining

–– Medical & school health Medical & school health servicesservices

–– Interpreting Interpreting ServicesServices

–– TransportationTransportation

–– Recreation Recreation

Page 29: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Audiology Services on IEP

• Identification of children with hearing loss;

• Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing;hearing;

• Provision of habilitative activities, such as language habilitation, auditory training, speech reading, AVT, hearing evaluation, and speech conservation;

Alexander Graham Bell

Association of Deaf and Hard of Hearing 29

Page 30: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Audiology Continued

• Creation and administration of programs for prevention

• Counseling and guidance of children, parents, and teachers regarding hearing parents, and teachers regarding hearing loss; and

• Determination of children’s needs for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification.

Alexander Graham Bell

Association of Deaf and Hard of Hearing 30

Page 31: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Transition Services

• A coordinated set of activities for a child with a disability

–– Takes into account child’s interestsTakes into account child’s interests

• Designed to be within results oriented • Designed to be within results oriented process

–– Ask who is measuring the results?Ask who is measuring the results?

• Focused on improving the academic and functional achievement

Alexander Graham Bell

Association of Deaf and Hard of Hearing 31

Page 32: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Transition Continued

• Used to facilitate movement from school to post-school activities including

–– PostPost--secondary education, vocational secondary education, vocational education, employment, continuing education, employment, continuing education, employment, continuing education, employment, continuing education, adult services, independent education, adult services, independent living, community participation, and living, community participation, and special education if appropriatespecial education if appropriate

• Includes:

–– Related servicesRelated services

Alexander Graham Bell

Association of Deaf and Hard of Hearing 32

Page 33: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Program Requirements

• Present levels of academic achievement functional performance

• Special education and related services

• When child will not be with non-disabled peers

Alexander Graham Bell

Association of Deaf and Hard of Hearing33

performance

• Measurable annual

goals

• State and District wide assessment accommodations

Page 34: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Program Requirements

• Timing to implement special education

• How the child’s progress will be assessed

• Testing modifications

• Extra curricular activities

Alexander Graham Bell

Association of Deaf and Hard of Hearing34

• Extra curricular activities

• Children who transfer school districts

• Extended school year

Page 35: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Extended School Year 12 months of services

• If child shows regression during school breaks

–– Measure skills before/after Winter or Measure skills before/after Winter or Summer, Spring BreaksSummer, Spring Breaks

• If the child is at a “critical point” of instruction

• See ESY handout for more info

Alexander Graham Bell

Association of Deaf and Hard of Hearing 35

Page 36: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Reaching Consensus

• School district makes a recommendation

–– IEP team must have a decision makerIEP team must have a decision maker

–– In absence of consensus, the LEA rep. is In absence of consensus, the LEA rep. is the decision makerthe decision makerthe decision makerthe decision maker

–– The school district moves forward unless The school district moves forward unless the parents disagree and request a the parents disagree and request a hearinghearing

–– “Stay put” Policy during a hearing “Stay put” Policy during a hearing requestrequest

Alexander Graham Bell

Association of Deaf and Hard of Hearing 36

Page 37: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Placement

• Least Restrictive Environment (LRE)***

• As close to home as possible

• Outside Placements when required for specific services

• Continuum of Placement Options

Alexander Graham Bell

Association of Deaf and Hard of Hearing37

possiblePlacement Options

• Must be made by Team including parents

Page 38: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Placement should be discussed last, first…

• Determine child’s individual needs

• Establish the goals and services to address those needs

• Finally, discuss where these services will • Finally, discuss where these services will be provided.

• Sometimes you can lead the team in the right direction.

Alexander Graham Bell

Association of Deaf and Hard of Hearing 38

Page 39: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Least Restrictive Environment (LRE)

• LRE requires that child must be educated in the classroom where s/he would normally be placed without the disability.

• Placement outside of the “mainstream” room is • Placement outside of the “mainstream” room is allowed, “only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.”

• Continuum of alternative placements.

Alexander Graham Bell

Association of Deaf and Hard of Hearing 39

Page 40: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

LRE Continued

• Deaf/hh may need setting where they can receive more intensive speech and language training or AVT.

• All things being equal, the placement must be as close to the child’s home as possible.

• All things being equal, the placement must be as close to the child’s home as possible. (Districts are permitted to centralize services for cost efficiency.)

• Finally, no child may be taken from a regular classroom solely because of the need for modification of the general curriculum.

Alexander Graham Bell

Association of Deaf and Hard of Hearing 40

Page 41: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Implementing & Evaluating the IEP

• Parents must receive regular progress reports

Alexander Graham Bell

Association of Deaf and Hard of Hearing41

• Parents may request a new meeting to revise the child’s IEP

Page 42: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Disagreements

• Due process – mediation or hearing

–– Written Due Process Complaint NoticeWritten Due Process Complaint Notice

–– Resolution SessionResolution Session

–– Burden of ProofBurden of Proof

Alexander Graham Bell

Association of Deaf and Hard of Hearing42

–– Burden of ProofBurden of Proof

• Stay Put

• Attorney fees

• Unilateral placement, written notice and tuition reimbursement

• Compensatory education costs

Page 43: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Precedents

• D.D. v. Foothill SELPA

–– Found that the school staff did not Found that the school staff did not possess the proper qualifications for possess the proper qualifications for speechspeech--language therapy. language therapy. speechspeech--language therapy. language therapy.

–– The background, training, and experience The background, training, and experience in spoken language training are required.in spoken language training are required.

–– A LSLS certified provider or a provider A LSLS certified provider or a provider who can demonstrate the requisite skills.who can demonstrate the requisite skills.

Alexander Graham Bell

Association of Deaf and Hard of Hearing 43

Page 44: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Another Precedent

• E.N. v. St. Johns County School Board

–– Found that the school had improper Found that the school had improper qualifications and had made an improper qualifications and had made an improper placementplacementplacementplacement

–– Found that a multiFound that a multi--categorical class was categorical class was not appropriate for a child who was not appropriate for a child who was learning to listen and speak.learning to listen and speak.

Alexander Graham Bell

Association of Deaf and Hard of Hearing 44

Page 45: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

IEP Meeting Reminders

• Don’t…

–– use use words like “best”, “most”, words like “best”, “most”, “maximum”, “optimum” and “full “maximum”, “optimum” and “full potential”potential”

–– Have emotional outbursts, raise your Have emotional outbursts, raise your

Alexander Graham Bell

Association of Deaf and Hard of Hearing45

–– Have emotional outbursts, raise your Have emotional outbursts, raise your voice or make accusationsvoice or make accusations

–– Immediately focus on specific remediesImmediately focus on specific remedies

–– Assume mainstreaming is requiredAssume mainstreaming is required

Page 46: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Meeting Don’t’s

• Don’t

–– InterruptInterrupt

–– AccuseAccuse

–– Make personal attacksMake personal attacks–– Make personal attacksMake personal attacks

–– Question another person’s motivesQuestion another person’s motives

–– Be intimidatedBe intimidated

Alexander Graham Bell

Association of Deaf and Hard of Hearing 46

Page 47: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

More IEP Pointers

• Don’t…

–– Unilaterally Unilaterally place your child place your child in a private school without in a private school without knowing the ramificationsknowing the ramifications

Alexander Graham Bell

Association of Deaf and Hard of Hearing47

–– Assume the school knows all Assume the school knows all or can “fix” your childor can “fix” your child

–– OverOver--rely on due processrely on due process

Page 48: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Unilateral Placement

• You have the right to make a unilateral placement

• You will be reimbursed IF you can prove placement recommended by LEA was placement recommended by LEA was inappropriate

• MUST provide notice:–– Written notice at least 10 days prior to Written notice at least 10 days prior to

placementplacement

–– Notice at IEP meeting in advance of placementNotice at IEP meeting in advance of placement

Alexander Graham Bell

Association of Deaf and Hard of Hearing 48

Page 49: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

IEP Do’s . . .

� Show respect

� State the child’s needs

� Prepare for questions

Use “appropriate”

Alexander Graham Bell

Association of Deaf and Hard of Hearing49

� Use “appropriate”

� Know your rights

� Build a relationship

� Know the district’s issues

Page 50: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Disagreements

• First put your request in writing

• Bring someone who “looks” like a lawyer or an advocate

• Ask to record the meeting for your • Ask to record the meeting for your “spouse”

• Share case precedents with the school district

Alexander Graham Bell

Association of Deaf and Hard of Hearing 50

Page 51: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Hearing and Due Process

• When parents prevail:

–– The school district pays for fees under The school district pays for fees under Part B (ages 3Part B (ages 3--21)21)

–– The parents pay the fees under Part C The parents pay the fees under Part C –– The parents pay the fees under Part C The parents pay the fees under Part C (ages 0(ages 0--3)3)

–– Courts can require the parents to pay if Courts can require the parents to pay if the complaints that arethe complaints that are

•• Frivolous, unreasonable, without foundation, Frivolous, unreasonable, without foundation, and/or unnecessary continued litigationand/or unnecessary continued litigation

Alexander Graham Bell

Association of Deaf and Hard of Hearing 51

Page 52: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

What to DO after the meeting

• Follow-up if needed:

–– Write a clarification or dissent letterWrite a clarification or dissent letter

–– Make sure the IEP includes all required Make sure the IEP includes all required elementselementselementselements

–– Ask for an amendment Ask for an amendment

•• IEP can be reworded or changedIEP can be reworded or changed

•• Portions can be removed or addedPortions can be removed or added

Alexander Graham Bell

Association of Deaf and Hard of Hearing 52

Page 53: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Footnotes –References to deaf/hhin Article 7

• 511 IAC 7-32-65 "Multidisciplinary team" defined –– (4) For a student who is blind or has low vision, (4) For a student who is blind or has low vision,

is deaf or hard of hearing, or has suspected is deaf or hard of hearing, or has suspected multiple disabilities, the public agency may multiple disabilities, the public agency may request that representatives of the staterequest that representatives of the state--operated schools serve as part of the operated schools serve as part of the multidisciplinary team multidisciplinary team only if the parent has only if the parent has only if the parent has only if the parent has only if the parent has only if the parent has only if the parent has only if the parent has

provided written consent, provided written consent, provided written consent, provided written consent, provided written consent, provided written consent, provided written consent, provided written consent, in addition to the in addition to the written consent to conduct the initial educational written consent to conduct the initial educational evaluation, for the representative's participation evaluation, for the representative's participation in the educational evaluation. in the educational evaluation.

Alexander Graham Bell

Association of Deaf and Hard of Hearing 53

Page 54: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

References

• 511 IAC 7-36-2 Special education program personnel

–– (d) Personnel working with deaf or hard (d) Personnel working with deaf or hard of hearing students who provide sign of hearing students who provide sign of hearing students who provide sign of hearing students who provide sign language transliteration and interpreting language transliteration and interpreting services must: services must:

–– (1) meet the requirements of subsections (1) meet the requirements of subsections (a) and (c); and be certified to interpret in (a) and (c); and be certified to interpret in an educational setting. an educational setting.

Alexander Graham Bell

Association of Deaf and Hard of Hearing 54

Page 55: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

BreakBreak

Questions?

Page 56: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

References• 511 IAC 7-36-7 Instructional curricula, materials, equipment,

and assistive technology devices and services

–– (l) Unless the student's CCC determines otherwise, the (l) Unless the student's CCC determines otherwise, the public agency is not responsible to provide basic public agency is not responsible to provide basic equipment that may be required at home as well as in the equipment that may be required at home as well as in the educational setting, such as the following: (1) Wheelchairs. educational setting, such as the following: (1) Wheelchairs. (2) Braces. (3) Glasses. (4) Hearing aids. (2) Braces. (3) Glasses. (4) Hearing aids.

–– (m(m) The public agency is responsible for maintenance and ) The public agency is responsible for maintenance and repair of all equipment and devices provided by the public repair of all equipment and devices provided by the public agency. The public agency is not responsible for the cost agency. The public agency is not responsible for the cost of repair or replacement of equipment not purchased by of repair or replacement of equipment not purchased by the public agency. the public agency. However, the public agency must ensure However, the public agency must ensure However, the public agency must ensure However, the public agency must ensure However, the public agency must ensure However, the public agency must ensure However, the public agency must ensure However, the public agency must ensure that hearing aids worn in school by students who are deaf that hearing aids worn in school by students who are deaf that hearing aids worn in school by students who are deaf that hearing aids worn in school by students who are deaf that hearing aids worn in school by students who are deaf that hearing aids worn in school by students who are deaf that hearing aids worn in school by students who are deaf that hearing aids worn in school by students who are deaf or hard of hearing are functioning properly. or hard of hearing are functioning properly. or hard of hearing are functioning properly. or hard of hearing are functioning properly. or hard of hearing are functioning properly. or hard of hearing are functioning properly. or hard of hearing are functioning properly. or hard of hearing are functioning properly.

Alexander Graham Bell

Association of Deaf and Hard of Hearing 56

Page 57: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

The following slides are

sections re: deaf/hh issues

taken directly from Indiana

Special Ed Law.Special Ed Law.

Article 7 can be found at:http://www.doe.in.gov/exceptional/speced/laws.html

Page 58: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

References511 IAC 7-41-4 Deaf or hard of hearing

• Sec. 4. (a) “Deaf or hard of hearing”, which may be referred to as a hearing impairment, means the following:

–– (1) A disability that, (1) A disability that, with or without amplificationwith or without amplificationwith or without amplificationwith or without amplificationwith or without amplificationwith or without amplificationwith or without amplificationwith or without amplification, adversely affects the , adversely affects the student's: student's:

•• (A) ability to use hearing for developing language and learning; (A) ability to use hearing for developing language and learning;

•• (B) educational performance; and (B) educational performance; and

•• (C) developmental progress. (C) developmental progress. •• (C) developmental progress. (C) developmental progress.

–– (2) The hearing loss may be: (2) The hearing loss may be:

•• (A) permanent or fluctuating; (A) permanent or fluctuating;

•• (B) mild to profound; or (B) mild to profound; or

•• (C) unilateral or bilateral. (C) unilateral or bilateral.

–– (3) Students who are deaf or hard of hearing may use: (3) Students who are deaf or hard of hearing may use:

•• (A) spoken language; (A) spoken language;

•• (B) sign language; or (B) sign language; or

•• (C) a combination of spoken language and signed systems. (C) a combination of spoken language and signed systems.

Alexander Graham Bell

Association of Deaf and Hard of Hearing 58

Page 59: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

• (b) Eligibility for special education as a student who is deaf or hard of hearing shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following:

•• ((1) An assessment of the following: 1) An assessment of the following:

–– (A) Current academic achievement as defined at (A) Current academic achievement as defined at 511 IAC 7511 IAC 7--3232--2. 2.

–– (B) Functional skills or adaptive behavior across (B) Functional skills or adaptive behavior across various environments from multiple sources. various environments from multiple sources. various environments from multiple sources. various environments from multiple sources.

–– (C) Communication conducted in the: (C) Communication conducted in the:

•• ((((((((iiiiiiii) language or system utilized for the student's ) language or system utilized for the student's ) language or system utilized for the student's ) language or system utilized for the student's ) language or system utilized for the student's ) language or system utilized for the student's ) language or system utilized for the student's ) language or system utilized for the student's instruction; or instruction; or instruction; or instruction; or instruction; or instruction; or instruction; or instruction; or

•• (ii) student's preferred mode of communication; (ii) student's preferred mode of communication; (ii) student's preferred mode of communication; (ii) student's preferred mode of communication; (ii) student's preferred mode of communication; (ii) student's preferred mode of communication; (ii) student's preferred mode of communication; (ii) student's preferred mode of communication; that assesses the student's receptive and that assesses the student's receptive and that assesses the student's receptive and that assesses the student's receptive and that assesses the student's receptive and that assesses the student's receptive and that assesses the student's receptive and that assesses the student's receptive and expressive language skills. expressive language skills. expressive language skills. expressive language skills. expressive language skills. expressive language skills. expressive language skills. expressive language skills.

Alexander Graham Bell

Association of Deaf and Hard of Hearing 59

Page 60: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Continued-

Team Evaluation includes:

• (2) A social and developmental history that may include, but is not limited to, the following:

–– (A) Communication skills. (A) Communication skills.

–– (B) Social interaction skills. (B) Social interaction skills.

–– (C) Motor skills. (C) Motor skills.

–– (D) Responses to sensory experiences. (D) Responses to sensory experiences.

–– (E) Relevant family and environmental information. (E) Relevant family and environmental information.

• (3) A written report from an educational or clinical audiologist, otologist, or otolaryngologist with information regarding the:

–– (A) etiology of the hearing loss; and (A) etiology of the hearing loss; and

–– (B) student's potential requirement for amplification, if appropriate. (B) student's potential requirement for amplification, if appropriate.

• (4) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

–– (A) determine eligibility for special education and related services; and (A) determine eligibility for special education and related services; and

–– (B) inform the student's CCC of the student's special education and (B) inform the student's CCC of the student's special education and related services needs. related services needs.

Alexander Graham Bell

Association of Deaf and Hard of Hearing 60

Page 61: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

511 IAC 7-42-6 Developing an individualized

education program; components and parent

copy

• (4) In the case of a student who is deaf or hard of hearing or a student who is deaf-blind, the student’s:

–– (A) language and communication needs; (A) language and communication needs;

–– (B) opportunities for direct communications with (B) opportunities for direct communications with peers and professional personnel in the student's peers and professional personnel in the student's language and communication mode; language and communication mode;

–– (C) academic level; and (C) academic level; and

–– (D) full range of needs; including opportunities (D) full range of needs; including opportunities for direct instruction in the student's language for direct instruction in the student's language and communication mode. and communication mode.

Alexander Graham Bell

Association of Deaf and Hard of Hearing 61

Page 62: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

RULE 43. RELATED SERVICES; TRANSITIONS; TRANSFER OF RIGHTS

511 IAC 7-43-1 Related services

• Related services do not include the following:

–– (1) A medical device that is surgically implanted, (1) A medical device that is surgically implanted, such as a cochlear implant. such as a cochlear implant.

–– (2) The optimization of a surgically implanted (2) The optimization of a surgically implanted device's functioning, such as mapping for a device's functioning, such as mapping for a device's functioning, such as mapping for a device's functioning, such as mapping for a cochlear implant. cochlear implant.

–– (3) Maintenance of a surgically implanted device. (3) Maintenance of a surgically implanted device.

–– (4) The replacement of a surgically implanted (4) The replacement of a surgically implanted device. device.

Alexander Graham Bell

Association of Deaf and Hard of Hearing 62

Page 63: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

Related Services (f) Audiological services: • (1) may include:

–– (A) identification of students with hearing loss; (A) identification of students with hearing loss;

–– (B) determination of the nature, range, and degree of hearing (B) determination of the nature, range, and degree of hearing loss, including referral for medical or other professional attention loss, including referral for medical or other professional attention for the habilitation of hearing; for the habilitation of hearing;

–– (C) provision of (C) provision of habilitativehabilitative activities, such as: activities, such as:

•• ((ii) language habilitation; ) language habilitation;

•• (ii) auditory training; (ii) auditory training;

•• (iii) hearing evaluation; (iii) hearing evaluation;

•• (iv) speech/lip reading; and (iv) speech/lip reading; and

•• (v) speech conservation; (v) speech conservation;

–– ((D) creation and administration of programs for prevention of D) creation and administration of programs for prevention of

hearing loss; hearing loss;

–– (E) counseling with and guidance of students, teachers, and (E) counseling with and guidance of students, teachers, and parents regarding hearing loss; and parents regarding hearing loss; and

–– (F) (F) determination of a student's need for group or individual determination of a student's need for group or individual amplification, selecting and fitting of an appropriate hearing aid, amplification, selecting and fitting of an appropriate hearing aid, and evaluating the effectiveness of amplification; and and evaluating the effectiveness of amplification; and

• (2) must be provided by a licensed educational or clinical audiologist.

Alexander Graham Bell

Association of Deaf and Hard of Hearing 63

Page 64: Parent Advocacy Training PowerPoint Presentation - Hear Indiana

RULE 43. RELATED SERVICES; TRANSITIONS; TRANSFER OF RIGHTS

511 IAC 7-43-1 Related services

• (i) Requirements for interpreting services are as follows:

–– (1) Interpreting services include the following: (1) Interpreting services include the following:

• (A) When used with respect to students who are deaf or hard of hearing, the following:

–– ((ii) Oral transliteration services. ) Oral transliteration services.

–– (ii) Cued language transliteration services. (ii) Cued language transliteration services. -- 97 97 --

–– (iii) Sign language transliteration and interpreting services. (iii) Sign language transliteration and interpreting services.

–– (iv) Transcription services, such as the following: (iv) Transcription services, such as the following:

•• (AA) Communication access real time translation (AA) Communication access real time translation (CART). (CART).

•• (BB) C(BB) C--Print. Print.

•• (CC) (CC) TypeWellTypeWell. .

Alexander Graham Bell

Association of Deaf and Hard of Hearing 64