PROVIDING SERVICES TO STUDENTS WITH DISABILITIES IN ADULT - - PowerPoint PPT Presentation
HOW THE IDEA APPLIES TO PROVIDING SERVICES TO STUDENTS WITH DISABILITIES IN ADULT EDUCATION PROGRAMS South Carolina Department of Education Barbara A. Drayton, Esquire, Deputy General Counsel Ann C. Moore, Office of Special Education Services
South Carolina Department of Education
Barbara A. Drayton, Esquire, Deputy General Counsel Ann C. Moore, Office of Special Education Services Mary Etta Taylor, Office of Special Education Services
Provide access to the general education
curriculum
Provide involvement and participation in the
general education environment
Implement individualized interventions Show progress in the educational standards of
the general education curriculum to the greatest extent possible
Collaboration improves
Collaboration ensures
– Teaching – Lesson planning
– Behavior management – Content knowledge – Assessments and grades
– Teaching – Lesson planning
identified as needs – Behavior management – Specialized instruction/strategies – Assessments
starting at Adult Ed
agency to the IEP meeting
using instructional and assessment technology.
communication within content- based instruction for every student.
research-based presentation, representation and action, and expression (UDL).
individualized accommodations.
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State Department of Education
(OSES)
mtudora@ed.sc.gov
SC Assistive Technology Program (SCATP)
http://www.sc.edu/scatp/
Deaf-Blind Project
http://www.scsdb.org/domain/62
New Directors’ Leadership Academy (NDLA) Research to Practice Fall Administrators' Conference
SC CEC (South Carolina Council for
Exceptional Children) Mission: Collaborative community of professionals who are the voice and vision of special education
Students with disabilities:
may elect to go to adult education
programs on their own
may be placed by individualized education
program (IEP) teams in adult education programs
Free - at no cost to students and parents Appropriate - suited to meet the individual needs of the student Public - provided by, or paid for by, the public school system Education (including non-academic and extracurricular activities)
Students with disabilities:
cannot be compelled to enroll in an adult
education program to receive services
cannot be kicked out of or excluded from
adult education programs on the basis of a disability
cannot maintain enrollment in a regular
school setting and enroll in an adult education program at the same time.
– Students may receive instruction and
support from the special education program at the high school or another school within the school district or the school district may send personnel and resources over to the adult education program.
– The adult education program may hire its
– Students in adult education diploma
programs may also attend classes on the high school campus or through the CATE program.
S.C. Code §§ 59-33-310 to 59-33-370
In June of 2016, South Carolina enacted the Adult Students with Disabilities Educational Rights Consent Act (Consent Act). This new law provides procedures for complying with the special rule.
Option 1 = All Rights Transfer to the Student Option 2 = Student Makes Decisions with Support and Assistance An Adult Of His Or Her choice (Supported Decision Making) Option 3 = Delegation of Rights By A Student With The Capacity To Do By Signing A Power Of Attorney To Delegate His Or Her Rights To An Agent (Such As A Parent).
Option 4 = A Student Who Is Unable To Communicate Wishes, Interests, Or Preferences In Respect To An Educational Program May Have An Educational Representative Certified To Act On His Or Her Behalf. Option 5 = If A Student Is Incapacitated, The Parents Or Other Appropriate Person May Seek Guardianship Of The Adult Child Through The Probate Court Process.
services on the same basis as any student with a disability who is regularly enrolled in a school district.
and those identified after entering adult education programs.
Students in the adult education program…
Lack of Funds Shortage of Personnel Administrative Convenience
Both special education services and adult education are parts of the school district, and the school district is responsible for ensuring that all students with disabilities receive a FAPE, regardless of where the student attends school within the school district.
The student may also be counted
The student may not, however, be
at least once every three years under the IDEA.
upon entering an adult education program to gather information to develop an appropriate program for the student.
extended period of time, it may be necessary to reevaluate the student to determine present levels of academic and functional performance and to set appropriate goals for the student.
Beginning no later than the first IEP to be in effect when the student turns 13, or younger if determined appropriate by the IEP team, the school district must include a plan to provide the student transition services needed to assist in meeting his or her goals for training, education, employment, and where appropriate, the development of independent living skills.
measurable, annual goals and transition services that will reasonably enable the student to meet his or her post-secondary goals.
instructional accommodations are appropriate, the team needs to plan for how the student will access these accommodations on testing for the GED or TASC.
– This might require the administration of
assessments for reevaluation as part of developing transition services.
For a student whose eligibility ends due to graduation with a regular state high school diploma, or due to exceeding the age of eligibility for a FAPE, the school district or agency must provide the student with a summary of his or her academic achievement and functional performance, which must include recommendations on how to assist the student in meeting his or her postsecondary goals.
No fewer than one
general education teacher of the student must attend and participate as appropriate in the development, review, and revision of the student’s IEP
At least one special
education teacher of the student
A special education
service provider (speech-language pathologist, OT, or PT), if appropriate
An LEA Representative who
is qualified to provide, or supervise the provision of specially designed instruction to meet the unique needs of children with disabilities; knowledgeable about the general curriculum; and knowledgeable about the availability of resources of the school district
An individual who can
interpret the instructional implications of evaluation results, who may be another member of the IEP team.
The student.
It is not legally compliant for
It is a violation of federal and state
always be a part of the IEP team when decisions are made regarding how special education services will be provided in an adult education program.
the curriculum, content, and instruction provided in the adult education program.
May students enrolled in adult education programs who qualify for special education services receive these services in an adult education program?
Yes, if the student meets the age
requirement, is determined eligible as a student with a disability who needs special education services to benefit from his or her educational program, and has not earned a regular high school diploma.
May students with disabilities of legal school age in an adult education program participate in school district activities and programs?
Yes, these students are still the responsibility of the school district and may participate in school district activities and programs on the same basis as students without disabilities in the school district.
May an adult education director refuse to admit students with disabilities just because they have disabilities?
No, this constitutes discrimination on the basis of a disability and is not permitted by Section 504 of the Rehabilitation Act of
Is it permissible for the adult education program to charge a registration fee for adult education classes? It is not permissible to charge a fee if the student of legal school age is placed in an adult education program by an IEP team (at no cost). If the student is enrolling on his
and all students are charged a fee, then the program can charge this student the fee.
Is it permissible for a school district to change all IEPs to Section 504 plans prior to permitting students to enroll in an adult education program?
No, all decisions must be made on an
individualized basis by an IEP team. It is never permissible for decisions to be made
If a student is reevaluated and determined to
no longer need special education and related services, a Section 504 plan may be appropriate.
Is it permissible for an adult education program to require that students be served through a specific model? No, the IEP team determines what services are needed and how the services are delivered to each student. The full continuum
with disabilities in the adult education setting, just as they are in a K-12 setting.
Who is responsible for providing the special education and related services, accommodations, modifications, and supplementary aids and services for students in adult education programs?
The school district. It is the school district’s responsibility to determine which funding sources will support the provision of services for students with disabilities in adult education programs.
Is a GED/TASC the equivalent of a regular high school diploma in terms of determining whether a student with a disability can return to school?
300.102(a) clarify that an alternative degree, such as a state certificate or a GED does not meet the definition of a regular high school diploma and does not end the school district’s responsibility to provide a student with a disability with a FAPE.
Can a student with a disability enroll in the adult education program prior to an IEP meeting?
The school district is responsible for ensuring the student receives a FAPE as long as the student is eligible for special education and related services. The school district may need to enroll the student during the period of time that it takes to gather the necessary information and until the IEP team can convene and review the student’s educational needs, program, and placement.
Must parents be invited to IEP meetings for a student who is over the age of eighteen and enrolled in an adult education program?
majority (age 18) unless:
– The student is determined to be incompetent – The parent obtains a power of attorney
student, unless the student is independent and not financially dependent on the parents.
IEP meeting as persons who have knowledge or expertise regarding the student.
If the student is still considered a dependent under IRS rules (living at home and dependent on the parent for support), the parent has the right to:
receive copies of all notices provided to
the student
attend IEP meetings, and access educational records
Who is responsible for transporting a student with a disability to the adult education program?
If the IEP team places the student in the adult education program, the school district is responsible for transporting the student, even if the adult education program is located in another school district.
May a student with a disability who is disruptive in the adult education setting be “kicked out” of the program?
The same discipline requirements for K- 12 students with disabilities apply in the adult education setting. The students’ rights under the IDEA follow him or her into the adult education setting.
Must a student with a disability be reevaluated before entering the adult education program?
A student with a disability must be
reevaluated at least every three years under the IDEA.
Although there is no requirement under
the IDEA to administer a complete battery of assessments for a reevaluation, there may be times when a comprehensive reevaluation is necessary.
Where is the IEP kept when a student with a disability enrolls in an adult education program?
IEPs are a part of the student’s education records.
It is the school district’s responsibility to ensure that all education records are keep in a location that is safe, secure, and meets the requirements for the storage of records and ensures compliance with the Family Educational Rights and Privacy Act (FERPA). (fireproof cabinets, rooms with proper ventilation, logs of who accesses the student’s education records)
An IEP must be accessible to teachers who are
responsible for implementing the IEP.
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