Special Education

EDAD 5399Dr. Harold L. Smith

Jargon of Special Education P.L. 94-142 IDEA IDEA 2004 504 FAPE IEP ARD Placement LRE Related Services Eligibility FIE IEE ESY OSEP SDAA/LDSS HELP

Federal Legislation 1975 Congress declared that our public

schools were failing to serve over eight million students with special needs.

Money was made available to the states provided the states adopted certain policies and procedures.

Thus began the terms on the second slide.

Federal Legislation Child Find

Requires school districts take an active approach toward identifying and serving students in need.

Litigation has been directed toward “you should have known my child needed services and you should have referred the child to be special education program”

Federal Legislation Evaluation

The law requires the school district obtain a FIE of the student’s condition before applying any sort of label and placing the child n a special education program.

There are legal procedures that must be met in the FIE. (Full Individual Evaluation)

Federal Legislation Texas has been ahead of the law in many

areas. 1997—required parental consent for all

evaluations. FIE complete before placement Reevaluation at least every three years ARD committee, including parent, decide what

testing is needed for reevaluation. Blind student probably does not need reevaluation every three years to determine if she is blind.

Federal Legislation If parents disagree with the school’s

evaluation they have the right to obtain Independent Educational Evaluation.

The school must consider the evaluation

The district must demonstrate that its evaluation was properly done or pay for the IEE.

Federal Legislation Andress v. Cleveland I.S.D.—1995

Eligibility Must meet to requirements

The student must have a disability that qualifies under the law

The student must, as a result of that disability, need special education services.

The ARD committee determines a child’s eligibility based on these two factors.

Federal Legislation Disability that qualifies

Learning Disabled Mentally Retarded Deaf Speech and language impaired Visually impaired Autistic Traumatic Brain Injured Other Health Impaired—ADD, ADHD, examples

Federal Legislation The disability must adversely affect the

student’s performance to the point that the student requires services beyond hose offered through regular education and other special programs.

A student may have a great need but not be eligibility for services

Not all disabilities are severe enough to require special education treatment by educators.

Federal Legislation ARD Committee

All important decisions about special education are made on an individualized basis by the student’s ARD Committee.

ARD is not in the law. IEP committee is. ARD is a Texas term

1. Parent 2. Regular Teacher 3. Special Ed. Teacher 4. School district representative—usually

administrator

Federal Legislation Individualized Education

Personal comment—I prefer the term General Education instead of Regular Education. As a parent I could feel ‘putdown’ if my child is not a regular person. H. Smith

Federal Legislation Before IDEA 1997, the law said a special

education student would be educated but did not address what would be taught.

IDEA 1997—the students should be taught, as much as possible, the same subject matter that the regular education students are taught.

General curriculum is used throughout the law but it is not defined.

LRE

Federal Legislation Students with disabilities should be taught

the same things the nondisabled students are taught, except as necessary to accommodate each student’s disability.

NCLB—Students with disabilities also are expected to achieve at the same level as their nondisabled peers to the extent possible.

Federal Legislation AYP—All states are required to hold all

students to the same academic standards and to demonstrate ‘adequate yearly progress.’

About 9% of the students in Texas are tested below grade level due to IEP. NCLB allows 1% of the students tested below grade level per ARD. The commissioner was successful in raising that to 5%, according to published reports. Check district.

Federal Legislation Least Restrictive Environment

LRE, mainstreaming, inclusion. Regardless of the term the ARD committee is to consider the best placement for a student beginning with the general education classroom.

The Supreme Court has not handled a case dealing with LRE.

Daniel R.R. v. State Board of Education—1989

Federal Legislation Continue Daniel

Appeals court offered three general statements 1. The school does not have to provide ‘every conceivable

supplementary aid or service. 2. The Act does not require regular education instructors to

devote all or most of their time to one handicapped child. 3. Schools are not expected to modify the regular

education program beyond recognition.

Regular education teachers must be prepared, supported, and trained to handle children with disabilities in the regular classroom

Federal Legislation Flour Bluff I.S.D. v. Katherine M—1996

White v. Ascension Parish School Board—2003

Federal Legislation Procedural Safeguards

Four Aspects must be addressed Notice Consent The Right to an Independent Educational Evaluation The Right to due process

Schools are required to give notice to parents prior to ARD meetings.

Federal Legislation Due Process

The parent of a special education student can ask for a due process hearing on virtually anything—the content of the IEP, placement, proposed disciplinary action, label, related services, request for reimbursement for expenses.

Recent change in law requires the parent to take steps before requesting a hearing.

Federal Legislation Hearing officer

IDEA 2004 changed some of the requirements. Before new IDEA, a parent could go to the commissioner and the district not know until they received notice to ‘show up’.

The district must be given notice of the request for a hearing. The district has 30 days to attempt to settle the problem and collect information they may need for a hearing.

Federal Legislation Hearing Officers

Independent attorneys, contractually retained by TEA.

Their decisions cannot be overturned by the commissioner, the school board or the state board of education. Court is the only appeal.

Hearing is formal—rules of evidence apply, rules of civil procedures, court report, attorney-driven. Locate district must pay for their attorney. TEA pays the hearing officer.

Federal Legislation FAPE

Board of Education v. Rowley—1982—U.S. Supreme court

1. School districts are not required to maximize the potential of a child. Duty to provide some educational benefits to the child.

2. a. Did the school district comply with the procedural mandates of the law?

b. Is the IEP reasonably calculated to confer educational benefit on the child?

If a and b are affirmative, the school is providing FAPE

Federal Legislation The Fifth Circuit Court expanded Rowley

The IEP must: 1) Be individualized on the basis of the student’s

assessment and performance 2) Be administrated in the least restrictive

environment 3) Include services that are provided in a coordinated

and collaborative manner by the key stakeholders 4) Produce positive benefits both academically and

nonacademically. (Cypress-Fairbanks I.S..—1997)

Adam J. v. Keller I.S.D.—2003

Federal Legislation Related Services

Transportation Counseling Occupational Therapy Physical Therapy Speech Therapy

Medical Services??????

Federal Legislation Extended School Year Services

Alamo Heights I.S.D. v. State Board of Education—1986 Ruled as other courts “For some children an ‘appropriate’ education is one that goes beyond the normal school year. If the student will experience severe or substantial regression during the summer months in the absence of a summer program the handicapped child my be entitled to year-round services.”

Federal Legislation Discipline of the Special Education Student

Honig v. Doe—1988

IDEA—1997 A special education student expelled from school must still be served to meet his/her educational needs.

IDEA—1997 If a student possesses drugs or a weapon at school or causes serious bodily injury to someone, the student may be assigned to an alternative setting for 45 days.

Federal Legislation Manifestation Determination

Changes took effect July 2005 The ARD committee must review all relevant

information and then answer two questions 1. Was the conduct of the student caused by or did it

have a direct and substantial relationship to the child’s disability?

2. Was the conduct of the student a direct result of the school’s failure to implement the IEP?

Federal Legislation Restraint Timeout Emergency Seclusion

Federal Legislation 504 of the Rehabilitation Act of 1973—This

act predates the 94-142. Three pronged definition of a person with

disabilities 1. They have a physical or mental impairment

that substantially limits a major life activity 2. They have a record of such an impairment

or 3. They are regarded as having such an

impairment.

Federal Legislation 504

Two students have visual problems. One student wears glasses and is successful. This student is not a 504 student. The other student does not wear glasses even though they are thought to help. That student could be a 504 student. A school may not require the student to wear glasses. The courts give that decision to the parents.

Federal Legislation 504 The Sixth Circuit Court—2003 stated, “If a

disabled student is ineligible for placement under the IDEA, he is also ineligible for placement under Section 504. This case was related to learning.

A student is confined to a wheelchair. The student is successful in the classroom. The student would not be an IDEA student but could be a 504 only student due to physical disability.

Federal Legislation Once a student is determined to be eligible

for services under Section 504, a number of requirements come into play.

Evaluation Individual planning by group of

knowledgeable persons Placement in LRE Parental procedural safeguards Discipline becomes more complicated.

Federal Legislation Most special education students will have

accommodations and a sheet showing same must be given to the classroom teachers that will be affected.

Most 504 students will have accommodations and a sheet showing same must be given to the classroom teachers that will be affected.

Federal Legislation Failure of a teacher to implement the

accommodations is cause for the teacher to be disciplined.

Yes, principal you are responsible to see that the teachers use the accommodations.

Federal Legislation Every effective principal must have a team

that can be trusted. You can not know all of the laws and procedures. You can not monitor teacher compliance related to the accommodation sheets. There is a safeguard in place in your district. Find out how that works.

ARD Committee How many parties are members of an ARD

Committee?

2 Who make up the two parties?

Parents and School

Responsibilities of the ARD Committee

1. Evaluation, Re-evaluation, determination of eligibility

2. Placement of students 3. Develop the IEP 4. Development and implementation of

service plans for eligible students in private schools.

5. Comply with LRE 6. Comply with state requirements for

testing

Responsibilities of the ARD Committee 7. Develop personal graduation plans 8. Intensive programs for instructions 9. Coordinate services for deaf, hard of

hearing, blind or visually impaired students

10. Determine eligibility for extracurricular activities.

ARD Committee Members 1. The parents of the student with

disability. 2. A regular ed. teacher. 3. A special ed. teacher 4. District representative who:

Is qualified to provide or supervise the designed instruction for children with disabilities

Is knowledgeable of general education curr. Is knowledgeable about availability of resources of

the district. (Means commit funding.)

ARD Committee Members 5. An individual who can interpret the

instructional implications of the evaluation results.

6. The child, if appropriate 7. Others as needed.

The committee could be as few as 4 people: Parent, administrator, general ed. teacher and special ed. teacher.

When should an ARD meeting be considered? 1. To determine eligibility of services. 2. To review progress 3. Consider changes 4. Determine TAKS, TAKS-A, TAKS-M 4. End services

Who can request an ARD? 1. School 2. Parent

IEP 1. Student level of academic achievement 2. Measureable goals 3. How goals will be measured 4. Related services, special equipment,

special supplies. 5. Approved modifications 6. How inclusion will take place. 7.When services begin, frequency, location

IEP 8. Appropriate accommodations needed. 9. Age 16—annualy statement of

transition services needed for the student. 10. No later than one year before student

becomes 17, a statement that the student has been informed of the rights that will transfer to the child upon reaching the age of majority.

Transition of IEP if not English If the parent is unable to speak English

and Spanish is the parent’s native language, the district shall provide a written or audiotaped copy of the student’s IEP translated into Spanish.

If parent’s language is not English or Spanish, the district shall make a good faith effort to provide a written or audiotaped copy of IEP.

Ten Day Recess When agreement about required elements

of the IEP is not achieved, the parent or adult student may be offered a single opportunity for a committee recess not to exceed ten school days.

Recess not required if: Presence of student on campus represents a

danger to student or others. Student committed en expellable offense Student offence could lead to disciplinary

alternative education program.

Ten Day Recess Principal—your first responsibility is to

notify the appropriate district special ed. administrator that you have a ten day recess.

You should receive special help to find ways of having a successful ARD when you reconvene.

ARD Committee Members 1. An individual required to sign the

deliberation papers should be present for every minute of the ARD.

2. A person may enter the meeting, share requested information and leave if that person does not sign the deliberation papers.

3. The individual will be listed as giving information.

ARD Committee Members 4. A brief recess can be called by the

principal if needed. Obtain needed information Confer with program directors Fire at school Appears a cooling off time is needed

5. State clear time the ARD will reconvene. “We will take a brief recess. We will reconvene at 11:15.”