DJJ Special Education and IEPs Sylvia Starkey Director Division - - PowerPoint PPT Presentation

DJJ Special Education and IEPs

Sylvia Starkey Director Division of IDEA Monitoring and Results

sylvia.starkey@education.ky.gov

Poll Everywhere Directions

 Scan this QR code from your device  OR  Text SSTARKEY738 to 37607

2

3

4

5

What is Special Education?

• Special education means specially designed

instruction (SDI), at no cost to the parents, to meet the unique needs of the child with a disability including instruction in the classroom, in the home, in hospitals and institutions, and in other settings. Special education means speech language pathology services, travel training, and vocational education.

707 KAR 1:002, Section 1 (56)

Why is Special Education Important?

• The Individuals with Disabilities

Education Act (IDEA) says it’s more than

• important. It is the student’s right to

receive these services.

6

What is FAPE?

 An LEA shall make a free appropriate public education (FAPE) available to all children with disabilities aged three (3) to twenty-one (21) residing within its district’s boundaries who have not received a high school diploma, including children with disabilities who have been suspended or expelled for more than ten (10) school days in a school year.  FAPE shall be provided to each child with a disability even though the child has not failed or been retained in a course and is advancing from grade to grade based

• n the child’s unique needs and not on the child’s

disability.

7

What is FAPE? (Cont.)

 An LEA shall not be required to provide FAPE to a student eighteen (18) years old or older, who is placed in an adult correctional facility if, in the educational placement prior to placement in the correctional facility, the student was not identified as a child with a disability and did not have an IEP.

707 KAR 1:290, Section 1 (1)

8

9

IDEA protections apply to students with disabilities in correctional facilities and their parents.

IDEA: Dear Colleague Letter

U.S. Department of Education December 5, 2014

National reports document that approximately one third of students in juvenile correctional facilities were receiving special education services, ranging from 9% to 78% across jurisdictions.

IDEA: Dear Colleague Letter

 Overcrowding  Frequent transfers  Qualified staff  Lack of collaboration with LEA

Challenges

Every agency that is involved in the provision of special education and related services to students in correctional facilities must ensure FAPE, even if other agencies share that responsibility.

Shared Responsibility

Discipline

 A student with a disability in a correctional facility who violates a code of student conduct is entitled to all the protections in the IDEA.  These protections apply regardless of whether the student is subject to discipline in the facility or removed to restricted settings, such as confinement to the student’s cell or “lockdown” units.

13

Surrogate Parents

 Correctional facilities may not assume the role of a parent under the IDEA.  Does not assume all students with disabilities in correctional facilities need a surrogate parent.  Surrogate parents are only appointed when:

The parent cannot be identified The parent cannot be located after reasonable efforts The student is a ward of the state under the laws of that state The student is an unaccompanied or homeless youth, as defined in the McKinney-Vento Homeless Assistance Act

14

Surrogate Parents (Cont.)

 The surrogate parent may represent the student in all matters relating to:

 Identification,  Evaluation,  Placement of the student, and  The provision of FAPE.

 Surrogate parents must meet requirements for knowledge, skills, impartiality, etc.

15

16

Section 1. Child Find Requirements. An LEA shall have in effect policies and procedures that plan and implement a child find system to locate, identify, and evaluate each child: (a) Whose age is three (3) to twenty-one (21); (b) Who resides in a home, facility, or residence within the LEA’s geographical boundaries, including children with disabilities who attend private schools located within the LEA boundaries, children who are highly mobile such as migrant children, homeless children as described in 704 KAR 7:090, children who are wards of the state or are in state custody, and students who are advancing grade to grade resulting from passing a grade but who still may have a disability; (c) Who is either in or out of school; and (d) Who may need special education and related services

Who is Entitled to Special Education?

An LEA shall ensure an IEP is developed and implemented for each child with a disability served by that LEA, and for each child with a disability placed in or referred to a private school or facility by the LEA. At the beginning of the school year, an LEA shall have an IEP in effect for each child with a disability within its jurisdiction. An LEA shall ensure the IEP: Is in effect before specially designed instruction and related services are provided to a child with a disability; and Is implemented as soon as possible following an ARC meeting.

17

Individualized Education Program (IEP)

IEP Requirements

 Present Levels  Consideration of Special Factors  Measurable Annual Goals  Specially Designed Instruction (SDI)  Supplementary Aids and Services (SAS)

18

Present Levels of Academic and Functional Performance

 A summary of information and data documenting what the student currently knows and can do  Provide the Admissions and Release Committee with a baseline of the student’s strengths and needs  Provide the foundation on which the IEP is built  Provide the basis for generating measurable annual goals, specially designed instruction, supports and services to meet individual student needs

19

Present Levels (Cont.)

 There should be a direct relationship between the information in this section and the measurable annual goals, any short-term

• bjectives or benchmarks and the

accommodations in the rest of the IEP.

20

21

Consideration of Special Factors

 Not just a check box  Should align with present levels  Non-example:

• If the present level has clearly stated an adverse effect in

the area of social-emotional and the considerations do no identify behavior as affecting the education of self or

• thers. You would expect those two to align.

22

Measureable Annual Goals

 Audience  Behavior  Circumstance  Degree/Criterion  Evaluation/Method of Measurement  Frequency of Data Collection

23

Which Goal is Measurable?

 Mike will increase his time on task.  When presented with a non-preferred activity and three verbal prompts, Mike will begin working on the activity within five minutes on four consecutive occasions, as measured by weekly latency recording.

24

What is Specially Designed Instruction?

• Specially-designed instruction means adapting as

appropriate the content, methodology, or delivery of instruction to address the unique needs of the child with a disability and to ensure access of the child to the general curriculum included in the Program of Studies. 707 KAR 1:002, Section 1 (58)

25

SDI Questions

• Is your instruction equipped to address academic and functional

deficits?

• Is your instruction intended to close the academic gap between

a student with a disability and peers? SDI is a responsibility shared by Special Education and General Education staff:

• SDI is the vehicle to ensure students with disabilities receive

high-quality instruction and services that will result in progress toward academic and functional standards, graduation and meaningful postsecondary outcomes.

26

Specially Designed Instruction

Simply put, it’s: What the teacher does to:

Instruct, Assess, and Reteach the student.

27

28

What are Supplementary Aids and Services?

 Aids, services and other supports that are provided in regular education classes or other education-related settings to enable a child with disabilities to be educated with nondisabled children to the maximum extent appropriate.

29

What are Supplementary Aids and Services? (Cont.)

 Simply put, they’re: What the student needs to:

Advance towards IEP goals Make progress in the general curriculum

30

31

What are Related Services?

 “Related services” means transportation and such developmental, corrective or supportive services as are required to assist a child with a disability to benefit from special education.  It includes speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation including therapeutic recreation, early identification and assessment of disabilities in children, counseling services including rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes.

32

What are Related Services? (Cont.)

 “Related services” also means school health services and school nurse services, social work services in school, and parent counseling and training.  “Related services” do not include a medical device that is surgically implanted, the optimization of that device’s functioning (such as mapping), maintenance

• f that device or the replacement of that device.

33

What are Related Services? (Cont.)

 The definition of “related services” does not:

• Limit the responsibility of the LEA to appropriately

monitor and maintain medical devices that are needed to maintain the health and safety of the child, including breathing, nutrition, or operation of other bodily functions, while the child is transported to and from school or is at school;

• Prevent the routine checking of an external component of

a surgically implanted device to make sure it is functioning properly; or

• Limit the right of a child with a surgically-implanted

device to receive related services that are determined by the ARC to be necessary for the child to receive FAPE.

34

707 KAR 1:002, Section 1 (51)

An LEA (or state agency responsible for developing the child’s IEP) shall ensure that there is no delay in implementing a child’s IEP… An LEA shall ensure that:

• a. The child’s IEP is accessible to each regular education teacher,

special education teacher, related services provider, and other service providers who are responsible for its implementation;

• b. Prior to the implementation of the IEP, each implementer is

informed of his specific responsibilities related to implementing the child’s IEP; and

• c. The specific accommodations, modifications and supports are

provided for the child in accordance with the IEP.

35

Individualized Education Program (IEP) (Cont.)

Re-Entry

 Juvenile offenders are significantly more likely to experience successful re-entry if appropriate programs and supports are in place and discussed with the student prior to release.  Re-entry planning is critical.  Exit is the most intensive time.  Prepare ARC meeting 4-6 weeks prior to release.

36

• All local and state agencies must comply

with state and federal statutes and regulations.

• OSEEL has general supervision

requirement under the IDEA to ensure that all agencies comply with the IDEA.

37

KDE Obligation to Monitor Compliance

Office of Special Education and Early Learning

• Division of IDEA Monitoring and Results

(DIMR)

• Division of IDEA Implementation and

Preschool (DIIP)

• Contact: 502-564-4970

38

How familiar are you with these special education resources?

39

GLEC

Special Educational Cooperatives

9

Special Education Guidance Documents

41

• IEP guidance document
• SLD guidance document
• IEP and Lesson Plan Development

Handbook

• Compliance Record Review

• The State Advisory Council consist of up to 21

voting members appointed by the governor, the majority of whom shall be persons with disabilities or parents of children with disabilities ages birth through 26.

• Membership includes DOC and DJJ

42

State Advisory Council for Exceptional Children (SACEC)

43

QUESTIONS?

44

Erma White Exceptional Children Consultant Corrections Lead Division of IDEA Monitoring and Results

erma.white@education.ky.gov

Sylvia Starkey Director Division of IDEA Monitoring and Results

sylvia.starkey@education.ky.gov