SPECIAL EDUCATION: INDIVIDUALIZED EDUCATION PROGRAMS (IEP S ) & - - PowerPoint PPT Presentation
SPECIAL EDUCATION: INDIVIDUALIZED EDUCATION PROGRAMS (IEP S ) & STUDENT DISCIPLINE SAN FRANCISCO EDUCATION LAW CLINIC WORKSHOP NO. 2, DECEMBER 9, 2013 Organized by the Lawyers Committee for Civil Rights of the San Francisco Bay Area, in
SAN FRANCISCO EDUCATION LAW CLINIC WORKSHOP NO. 2, DECEMBER 9, 2013
Organized by the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, in partnership with Coleman Advocates for Children & Youth; Mo’ MAGIC, the San Francisco Human Rights Commission, and the San Francisco Public Defender’s Office
ORGANIZATIONS TO ENHANCE THEIR CAPACITY TO IDENTIFY AND ADDRESS EDUCATION-RELATED LEGAL ISSUES
SERVICES FOR FAMILIES
Organized by the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, in partnership with Coleman Advocates for Children & Youth; Mo’ MAGIC, the San Francisco Human Rights Commission, and the San Francisco Public Defender’s Office
WORKSHOP No. 1 [Dec. 2, 2013]
WORKSHOP No. 2 [Dec. 9, 2013]
EDUCATION WORKSHOP No. 3 [Dec. 16, 2013]
Organized by the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, in partnership with Coleman Advocates for Children & Youth; Mo’ MAGIC, the San Francisco Human Rights Commission, and the San Francisco Public Defender’s Office
Organized by the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, in partnership with Coleman Advocates for Children & Youth; Mo’ MAGIC, the San Francisco Human Rights Commission, and the San Francisco Public Defender’s Office
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WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS ALTERNATIVES TO IEPs SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
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WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS ALTERNATIVES TO IEPs SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
WHAT IS AN IEP?
PARENT/TEACHER/ADMINISTRATOR REFERS STUDENT FOR ASSESSMENT SCHOOL SENDS ASSESSMENT PLAN TO PARENT FOR APPROVAL (WITHIN 15 DAYS) PARENT APPROVES & SCHOOL CONDUCTS ASSESSMENT DISABILITY FOUND, AND DISABILITY INTERFERES WITH EDUCATION IEP DEVELOPED NO DISABILITY FOUND, OR DISABILITY DOES NOT INTERFERE WITH EDUCATION NO ACTION
60 DAYS
WHAT IS AN IEP?
What: A written roadmap of a child’s performance, learning goals, and the special education and services he
progress in, the general education curriculum. Why: This extremely important document lays out all the special education services that the child will receive to assist him or her. Who: The IEP team When: At least once a year
WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS ALTERNATIVES TO IEPs SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
WHAT IS AN IEP TEAM?
An IEP team is a group of individuals who combine their knowledge, experience, and commitment to help design an educational program for the child.
participating in general education environment)
education curriculum and about the availability of resources in the district
results)
regarding the child, including related services personnel as appropriate (at the discretion of parent or district)
WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS ALTERNATIVES TO IEPs SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS ALTERNATIVES TO IEPs SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
FORMING THE IEP
IEP TEAM GOES OVER EVALUATION RESULTS; IEP TEAM SHARES THOUGHTS AND SUGGESTIONS IEP TEAM WORKS COLLABORATIVELY TO DEVELOP AND DOCUMENT EACH REQUIRED ELEMENT OF THE IEP PARENT(S) OR GUARDIAN(S) PROVIDE WRITTEN CONSENT [PARENT(S)/GUARDIAN(S) ENTITLED TO COPY OF IEP AT NO CHARGE]
FORMING THE IEP WHAT DOES THE IEP CONTAIN?
supplementary aids and services, changes to the program, supports for school personnel
A parent nt or guar ardian an can request services such as: Modified assignments Behavior support plan Smaller class sizes Different classes Counseling Transportation Health or nursing services Assistive technology Speech or language therapy And more…
FORMING THE IEP WHAT DOES THE IEP CONTAIN?
supplementary aids and services, changes to the program, supports for school personnel
the services will last)
assessments
will be separated from non-disabled children, or not participate in extracurricular or other nonacademic activities)
FORMING THE IEP What are the options for placement?
DECIDING PLACEMENT
FORMING THE IEP DECIDING PLACEMENT Schools have an obligation to place students in the “LEAST RESTRICTIVE ENVIRONMENT” (LRE):
schools or other care facilities) must be educated with children who do not have disabilities to the maximum extent possible
ONLY occur if the nature/severity of the disability makes education in the regular classroom unsatisfactory (even with supplementary aids/services)
FORMING THE IEP DECIDING PLACEMENT
extracurricular or non-academic activities, the IEP must explain why
reflect the child’s needs
determining placement
regarding placement decisions
FORMING THE IEP
FORMING THE IEP
available to the child in accordance with the IEP as soon as possible following development of the IEP
for implementing the IEP:
modifications, and supports to be provided to the child
to discuss the child’s progress and develop his or her next IEP IMPLEMENTING THE IEP
WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS ALTERNATIVES TO IEPs SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS ALTERNATIVES TO IEPs SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS
RIGHT TO NOTICE of TIME, PLACE, & PURPOSE OF MEETING * If the school provides notice and the parent/guardian does not attend, the school can have the meeting without him or her RIGHT TO NOTICE of TIME, PLACE, & PURPOSE OF MEETING * If the school provides notice and the parent/guardian does not attend, the school can have the meeting without him or her RIGHT TO PARTICIPATE * Parent/guardian has the right to attend IEP meetings * Parent/guardian has the right to an interpreter, to be provided by the district * Parent/guardian has the right to bring people to help RIGHT TO PARTICIPATE * Parent/guardian has the right to attend IEP meetings * Parent/guardian has the right to an interpreter, to be provided by the district * Parent/guardian has the right to bring people to help
RIGHT TO HAVE A PRINTED COPY OF THE IEP IN PRIMARY LANGUAGE RIGHT TO HAVE A PRINTED COPY OF THE IEP IN PRIMARY LANGUAGE
STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS
RIGHT TO TAKE THE IEP HOME & REVIEW CAREFULLY BEFORE SIGNING RIGHT TO TAKE THE IEP HOME & REVIEW CAREFULLY BEFORE SIGNING RIGHT TO DISAGREE WITH ALL OR PART OF THE IEP * If parent/guardian disagrees with entire IEP, he/she should not sign. * If parent/guardian disagrees with part of the IEP, he/she can sign it and identify what parts he/she does not agree to. RIGHT TO DISAGREE WITH ALL OR PART OF THE IEP * If parent/guardian disagrees with entire IEP, he/she should not sign. * If parent/guardian disagrees with part of the IEP, he/she can sign it and identify what parts he/she does not agree to.
RIGHT TO WITHDRAW CONSENT TO SPECIAL EDUCATION SERVICES AT ANY TIME RIGHT TO WITHDRAW CONSENT TO SPECIAL EDUCATION SERVICES AT ANY TIME
STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS
RIGHT TO A HEARING REGARDING DISAGREEMENTS ABOUT AN IEP
* Parent/guardian has the right to present a complaint relating to the provision
* Parent/guardian has the right to have an attorney, an advocate, and the student, if appropriate, present at a due process hearing
RIGHT TO A HEARING REGARDING DISAGREEMENTS ABOUT AN IEP
* Parent/guardian has the right to present a complaint relating to the provision
* Parent/guardian has the right to have an attorney, an advocate, and the student, if appropriate, present at a due process hearing
RIGHT TO MEDIATION
* Parents are encouraged to seek mediation alone or separate from due process,
* Mediation cannot be used to delay parents’ right to a due process hearing
RIGHT TO MEDIATION
* Parents are encouraged to seek mediation alone or separate from due process,
* Mediation cannot be used to delay parents’ right to a due process hearing
RIGHT TO FILE A COMPLAINT AGAINST THE DISTRICT
* If the district has violated the law, parents (or others) may file a complaint with the California Department of Education and/or the U.S. Department of Education Office for Civil Rights (OCR)
RIGHT TO FILE A COMPLAINT AGAINST THE DISTRICT
* If the district has violated the law, parents (or others) may file a complaint with the California Department of Education and/or the U.S. Department of Education Office for Civil Rights (OCR)
STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS
parent and school district about child’s eligibility, placement or services
the law or the IEP
DUE PROCESS HEARING AND COMPLIANCE COMPLAINT
WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS ALTERNATIVES TO IEPs SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS ALTERNATIVES TO IEPs SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
ALTERNATIVES TO IEPs
IEPs 504 Plan Who is protected? Eligible students age 3–21 whose disability affects their educational performance Much broader: all persons with a disability (including parents) Services Provides individual supplemental educational services/supports Requires schools to eliminate barriers that prevent student from participating fully in the general curriculum Procedural safeguards Extensive procedural safeguard requirements Fewer rights for parent/guardian
WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS ALTERNATIVES TO IEPs SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS ALTERNATIVES TO IEPs SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION
You should be aware of 2 important terms:
Type of Disci cipline Required Proce cedur ures Suspension of 10 days or less Can suspend like students without disabilities Suspension more than 10 days Manifestation determination meeting required first Multiple suspensions that create a “pattern of removal” Manifestation determination meeting required Expulsion Manifestation determination meeting required first
SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION
Was the student’s behavior caused by his or her disability? Yes Was the student’s behavior a result of the school failing to implement the IEP/504 plan? Yes Can not suspend/expel No Can suspend/expel No Can suspend/expel
MANIFESTATION DETERMINATION MEETING
SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION INTERIM ALTERNATIVE EDUCATION SETTING What: Student can be immediately removed from school and placed in a different setting for up to 45 days Why: If student is accused of any of the following:
Weapons Drugs Injuring someone
WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
ADDITIONAL RESOURCES
California Dep’t. of Education, Special Education Division
Telephone: 800-926-0648
IEP Clinic [English, Spanish, Cantonese] (free)
Thursdays, 4pm-6pm
Transition to Adult Services Clinic (free)
4th Thursdays, 4pm-6pm (1/23/14)
Skills for Effective Parent Advocacy (free)
To register call: (415) 920-5040 Sponsored by Support for Families with Children with Disabilities
Visit:
Legal Services for Children – www.lsc-sf.org Support for Families with Children with Disabilities – www.supportforfamilies.org
ADDITIONAL RESOURCES
Disability Rights California – www.disabilityrightsca.org Lots of resources and publications:
WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
Q: Robin’s son was diagnosed with a learning disability 3 years ago. This year, he’s been getting frustrated because he can’t understand what’s going on in class and starts yelling curse words at the teachers. This has happened twice and each time the school suspended him for one day, but they don’t do anything to help him. What can be done if this happens again? A: The school is required to hold a “manifestation determining hearing” before they suspend him. The purpose of this hearing is to determine if the child’s behavior is caused by his disability
suspended.
In partnership with Mo’ MAGIC, Coleman Advocates for Children & Youth, the San Francisco Human Rights Commission, and the San Francisco Public Defender’s Office