T H R E E Special Education William Allan Kritsonis, PhD

jargon of special education p.l. 94-I42 : passed in 1975 guaranteeing every child with a disability free and appropriate education now know as Individuals with Disabilities Education Act (IDEA) 504: prohibits discrimination against persons with disabilities in programs that receive federal funds FAPE: Free, appropriate public education IEP: Individualized education program ARD: Admission, review, and dismissal. Placement: This refers to the instructional arrangement in which the child is educated. LRE: Least restrictive environment

p.l. 94-I42 : passed in 1975 guaranteeing every child with a disability free and appropriate education now know as Individuals with Disabilities Education Act (IDEA)

504: prohibits discrimination against persons with disabilities in programs that receive federal funds

FAPE: Free, appropriate public education

IEP: Individualized education program

ARD: Admission, review, and dismissal.

Placement: This refers to the instructional arrangement in which the child is educated.

LRE: Least restrictive environment

jargon of special education Related Services: Special transportation and other non-instructional services that are necessary for the child to obtain benefit from the educational program. Eligibility: Meeting certain criteria for federally funded special education programs . FIE: Full Individual Evaluation. IEE: Independent Educational Evaluation. ESY: Extended School Year OSEP: Office of Special Education Programs.

Related Services: Special transportation and other non-instructional services that are necessary for the child to obtain benefit from the educational program.

Eligibility: Meeting certain criteria for federally funded special education programs .

FIE: Full Individual Evaluation.

IEE: Independent Educational Evaluation.

ESY: Extended School Year

OSEP: Office of Special Education Programs.

Federal legislation Child Find School districts take an active role in identifying and serving students with a need. Publicize the availability of special education services. Train teachers to identify the typical signs of disability Reach out to private-school administrators and home schoolers.

School districts take an active role in identifying and serving students with a need.

Publicize the availability of special education services.

Train teachers to identify the typical signs of disability

Reach out to private-school administrators and home schoolers.

Federal Legislation Evaluation To avoid untutored labeling a Full Individual Evaluation (FIE) ARD committee meets in order to eliminate unnecessary testing. Parents have the right to disagree with decisions if so they are entitled to obtain an Independent Educational Evaluation but can force the district to accept data.

To avoid untutored labeling a Full Individual Evaluation (FIE)

ARD committee meets in order to eliminate unnecessary testing.

Parents have the right to disagree with decisions if so they are entitled to obtain an Independent Educational Evaluation but can force the district to accept data.

Federal Legislation Eligibility Two Requirements Student must have a disability that qualifies under the law The student must as a result of the disability need special education services

Two Requirements

Student must have a disability that qualifies under the law

The student must as a result of the disability need special education services

Federal Legislation ARD Committee ARD Committee is composed of: The parent (s) A regular education teacher A special education teacher Someone who can interpret the instructional implications A representative of the school district Others in the judgment of the parents or the school, have special knowledge or expertise When appropriate, the student

ARD Committee is composed of:

The parent (s)

A regular education teacher

A special education teacher

Someone who can interpret the instructional implications

A representative of the school district

Others in the judgment of the parents or the school, have special knowledge or expertise

When appropriate, the student

Federal Legislation Individualized Education Program A statement of the child’s present levels of education Measurable annual goals, including short-term objectives Related services, supplemental aids and services, program modifications and supporters for school personnel that provides services to the child Explanation for class exclusion Modifications needed Dates services are provided Statement of how the parents will be informed of child’s progress

A statement of the child’s present levels of education

Measurable annual goals, including short-term objectives

Related services, supplemental aids and services, program modifications and supporters for school personnel that provides services to the child

Explanation for class exclusion

Modifications needed

Dates services are provided

Statement of how the parents will be informed of child’s progress

Federal Legislation General Curriculum Refers to the things the regular education students are expected to learn Special education students should be taught as much as possible, the same subject matter that the regular education students are taught.

Refers to the things the regular education students are expected to learn

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

Federal Legislation NCLB and Statewide Assessments Require states to hold all students to the same academic standards, and to demonstrate “adequate yearly progress” (AYP) through statewide test in certain subjects.

Require states to hold all students to the same academic standards, and to demonstrate “adequate yearly progress” (AYP) through statewide test in certain subjects.

Federal Legislation Least Restrictive Environment The law mandates that LRE, but it also mandates a full continuum of alternative placements, some of them highly restrictive. Other terms Mainstreaming, and Inclusion

The law mandates that LRE, but it also mandates a full continuum of alternative placements, some of them highly restrictive.

Other terms Mainstreaming, and Inclusion

Federal Legislation Procedural Safeguards Four Aspects Notice Consent The right to an IEE The right to a Due Process Meeting

Four Aspects

Notice

Consent

The right to an IEE

The right to a Due Process Meeting

Federal Legislation Attorneys’ Fees Parents who “prevail” in a special education dispute with a school district are entitled to recover reasonable attorney fees. Congress put some limits on recovery of attorney fees in IDEA 1997 and 2004.

Parents who “prevail” in a special education dispute with a school district are entitled to recover reasonable attorney fees.

Congress put some limits on recovery of attorney fees in IDEA 1997 and 2004.

Federal Legislation FAPE Board of Education v. Rowley established two things School districts are not required to maximize the potential of a child but rather provide some educational benefit to the child. How courts in the future would examine disputes under IDEA

Board of Education v. Rowley

established two things

School districts are not required to maximize the potential of a child but rather provide some educational benefit to the child.

How courts in the future would examine disputes under IDEA

Federal Legislation Related Services If a student needs the services to attend school, and the service can be provided by someone other than an M.D., then the school district must provide or pay for the service.

If a student needs the services to attend school, and the service can be provided by someone other than an M.D., then the school district must provide or pay for the service.

Federal Legislation Extended School Year Services

Federal Legislation Unilateral Placements This involves a disagreement between school and parent as to the appropriate placement . PARENTS vs. SCHOOL - Reimbursement Cost Reimbursements What the school believes What the parent believes Burden of Proof - Parent Prove IEP and/or Placement recommended by school is inappropriate Parents prove their arranged IEP and Placement are appropriate Factors faced by - Parent Law presumes program recommended by school is appropriate Law require school to propose a program that confer (reasonable benefit) School proposed program will be less restrictive than the private placement Teague I.S.D. v. Todd L. (1993) Denied Reimbursement Denied School program appropriate Restrictive vs. Non-Restrictive Florence County School District Four v. Carter(1994) Facility Argument U S Supreme Court Reimbursement IDEA 1997 Procedural Requirements School – Line of Defense (fix problem) Parent - Procedural Requirement Notice Private Schooling – Assemble, evaluate, devise, and determine FAPE

This involves a disagreement between school and parent as to the appropriate placement

.

Cost Reimbursements

What the school believes

What the parent believes

Burden of Proof - Parent

Prove IEP and/or Placement recommended by school is inappropriate

Parents prove their arranged IEP and Placement are appropriate

Factors faced by - Parent

Law presumes program recommended by school is appropriate

Law require school to propose a program that confer (reasonable

benefit)

School proposed program will be less restrictive than the private placement

Teague I.S.D. v. Todd L. (1993) Denied

Reimbursement Denied

School program appropriate

Restrictive vs. Non-Restrictive

Florence County School District Four v. Carter(1994)

Facility

Argument

U S Supreme Court Reimbursement

IDEA 1997 Procedural Requirements

School – Line of Defense (fix problem)

Parent - Procedural Requirement Notice

Private Schooling – Assemble, evaluate, devise, and determine FAPE

Federal Legislation Private-School Children IDEA 1997 Under child find the public school is required to evaluate students in private school for special education. They are also required to spend a proportionate share of federal special education funds Public to Private Child Find Proportionate Share IDEA 1997 FAPE Services No Due process Decisions by ISD Loss of rights Texas Exception Dual Enrollment

Under child find the public school is required to evaluate students in private school for special education.

They are also required to spend a proportionate share of federal special education funds

Public to Private

Child Find

Proportionate Share

IDEA 1997

FAPE

Services

No Due process

Decisions by ISD

Loss of rights

Texas

Exception

Dual Enrollment

Discipline of Students with Disabilities The ARD committee must review all relevant information and then answer two questions: Was the conduct of the student caused by, or did it have a direct and substantial relationship to the child’s disability? Was the conduct of the student a direct result of the school’s failure to implement the IEP? Congress and Special Education Guarantee an appropriate education Encourage safe classrooms free drugs S-1 v. Turlington U.S. Court of Appeals / Fifth Circuit Student Behavior Students Classification Disability or Not Supreme Court – Honig v. Doe Dangerous Behavior Suspension Lengths Injunction “ Stay Put” provision of IDEA Then Current Placement Congress revision of Special Education discipline laws in IDEA 1997 Congress enacted into federal law a requirement Expellable Act Congress nullifies major court decision Common Wealth of Virginia v. Riley Congress Intervention revised IDEA Nondisabled vs. Disabled Stay Put

The ARD committee must review all relevant information and then answer two questions:

Was the conduct of the student caused by, or did it have a direct and substantial relationship to the child’s disability?

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

Congress and Special Education

Guarantee an appropriate education

Encourage safe classrooms free drugs

S-1 v. Turlington

U.S. Court of Appeals / Fifth Circuit

Student Behavior

Students Classification

Disability or Not

Supreme Court – Honig v. Doe

Dangerous Behavior

Suspension Lengths

Injunction

“ Stay Put” provision of IDEA

Then Current Placement

Congress revision of Special Education discipline laws in IDEA 1997

Congress enacted into federal law a requirement

Expellable Act

Congress nullifies major court decision

Common Wealth of Virginia v. Riley

Congress Intervention revised IDEA

Nondisabled vs. Disabled

Stay Put

DISCIPLINE OF STUDENTS WITH DISABILITIES V. Continued… Exception to “stay put” Violation to Code of Conduct Removal longer Than 10 days Congress adopted statutory language Cumulative rule Concept of a “Manifestation Determination” IDEA 1997 ARD Committee Texas Legislature – TEC §37.0021 Restraint and Time Out Time Out

V. Continued…

Exception to “stay put”

Violation to Code of Conduct

Removal longer Than 10 days

Congress adopted statutory language

Cumulative rule

Concept of a “Manifestation Determination”

IDEA 1997

ARD Committee

Texas Legislature – TEC §37.0021

Restraint and Time Out

Time Out

Section 504 of The Rehabilitation Act of 1973 Section 504 of the Rehabilitation Act 1973 Federal Money Americans with Disabilities Act Section 504 three pronged definition Group 1 Group 2 Group 3 504 Special Treatment Physical or Mental Impairment ADD LEP Coverage of 504 Mitigating Measures - Performance Medication Non Medication 504 Eligible Performance Potential Genuine physical or mental impairment Major life Activity IDEA vs. 504 Standards for eligibility Requirements

Section 504 of the Rehabilitation Act 1973

Federal Money

Americans with Disabilities Act

Section 504 three pronged definition

Group 1

Group 2

Group 3

504 Special Treatment

Physical or Mental Impairment

ADD

LEP

Coverage of 504

Mitigating Measures - Performance

Medication

Non Medication

504 Eligible

Performance

Potential

Genuine physical or mental impairment

Major life Activity

IDEA vs. 504

Standards for eligibility

Requirements

William Allan Kritsonis, PhD

William Allan Kritsonis, PhD