[PPT] - Advocacy, Special Education Rights & Responsibilities PowerPoint Presentation

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Advocacy, Special Education Rights & Responsibilities

Presented by Steve Ashman Executive Director, CASA of Stanislaus County

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ADVOCACY … Things to Remember DELAY IS THE ENEMY ! DOCUMENT ! KNOW WHO HOLDS ED

RIGHTS …

POLICY IS NOT LAW ! The CHICKEN or the PIG?

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The most important things to know about being a good advocate … Create Relationships Communicate ideas Know the facts and how

the law applies

Keep your eye on the ball Question anything you

don’t understand

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In any and all meetings …

 Inform all parties of your role  Put the child’s needs first  Get your ‘message’ across

Clarify
Get all Perspectives
Find Common Ground
Add Information
State Your Position Clearly

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Remember to …

 Keep Clear Records  Be organized  Keep Copies of EVERYTHING  Put EVERYTHING in writing  Keep a log  Recap after every meeting …

clarify all issues still unclear

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The IEP Pyramid

Report of Progress and Alternative Assessment Statement of Special Education & Related Services Supplementary Aids Program Modifications Support for Personnel Involvement in General Curriculum Measurable Annual Goals & Short-term Objectives/Benchmarks Consideration of Special Factors Assistive Technology Communication Transition Low Incidence Disabilities Vocational Behavioral

Present Levels of Educational Performance

Preparation

Placement

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Special Education Is Not A Special Education Is Not A Place Place It is a constellation of services provided in the Least Restrictive Environment

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Principles of the IDEA an Principles of the IDEA and d Section Section 50 504

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

504 Plan

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504

Eligibility? – Must have a condition that substantially limits a major life activity

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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

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Special Education

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Definition of a “Child with a Disability”



IDEA 2004 defines a child with a disability as a child with:

Mental retardation
Hearing impairments (including deafness)
Speech or language impairments
Visual impairments (including blindness)
Serious emotional disturbance
Orthopedic impairments
Autism
Traumatic brain injury
Other health impairments
Specific learning disabilities

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

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El Eligibil igibility ity Criter Criteria ia for Le for Lear arning ning Disabled 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

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Special Education

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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.

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

1. Audiological services 2. Orientation and mobility instruction 3. Instruction in the home or hospital 4. Adapted physical education 5. Physical and occupational therapy 6. Vision services 7. Specialized driver training instruction 8. Counseling and guidance 9. Psychological services other than assessment and development of the individualized education program 10. Parent counseling and training 11. Health and nursing services 12. Social worker services 13. Specially designed vocational education and career development 14. Recreation services 15. Specialized services for low incidence disabilities, such as readers, transcribers, and vision and hearing services 16. Speech and Language Services 17. Medical evaluation for diagnostic purposes

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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

ther 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.

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Fully explain the facts which make an assessment necessary or desirable

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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

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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.

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Evaluation



Individualized testing



Evaluation in the native language or mode of communication

Unless clearly not feasible to do so

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Nondiscriminatory evaluation

On a racial or cultural basis

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Any standardized tests to be validated for the specific purpose for which they are used

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Tests administered by trained and knowledgeable personnel

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Tests administered in accordance with any instructions provided by the producer of such tests

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The student must be assessed in all areas of suspected disability

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No single procedure is used as the sole criterion for determining special education and an appropriate educational program

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Re-evaluation at parent request requires IEP

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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.

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Eligibility Criteria for Emotionally Disturbed

 Because of a serious emotional disturbance, pupil exhibits

ne 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

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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

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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)

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Leas Least t Rest Restrictive rictive Environment Environment (LRE) (LRE)

 Each public agency shall ensure –

That to the maximum extent appropriate, children with

disabilities including public or private institutions or

ther 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.

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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

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That said …

It is only the educational rights holder who may sign an assessment plan or IEP … unless …

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Appointment of A Surrogate Parent or an Educational Representative

 The difference is …  First preference given to relative caretaker, foster parent,

r CASA

 Represent the student in matters related to the provision

f 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

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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

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IEP Team

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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.

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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.

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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

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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

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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

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Present Levels of Educational Performance

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

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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

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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

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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

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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)

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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

f any suspension

 Parents must receive a written notification of the suspension  Please Note: AB 1909 requires that foster youth’s attorney and social worker be contacted when the district holds an extension of suspension meeting, manifestation determination, or expulsion hearing.

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Discipline Discipline - Expu Expulsi lsion

n

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Expulsion of special education students is restricted

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Expulsion is considered a change of placement

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

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Manifestation Meeting required prior to expulsion.

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Students considered for expulsion may be removed to Interim Placement

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If expelled, special education services do not cease

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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

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Contact Information

 Steve Ashman  209.548.6320  casaed@stanct.org