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Brenda J Bowlby Law Works Workshop: Is the IPRC Process Working? - August 2007

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Brenda J Bowlby Law Works Workshop: Is the IPRC Process Working? - August 2007

  1. 1. Law Works Workshop: Is the IPRC Process Working? Brenda Bowlby August 17, 2007
  2. 2. Law Works Overview 1. What should happen in the IPRC process? 2. Important points in the operation of the IPRC 3. Tips for fending off parent criticisms of the process 4. Discussion
  3. 3. Law Works 2. What should happen in the IPRC process? Ed. Act. section 8(3): “The Minister shall ensure that all exceptional children in Ontario have available to them, in accordance with this Act and the regulations, appropriate special education programs and special education services without payment of fees by parents or guardians resident in Ontario, and shall provide for the parents or guardians to appeal the appropriateness of the special education placement, and for these purposes the Minister shall,
  4. 4. Law Works [s. 8(3) Ministershall]: (a) require school boards to implement procedures for early and ongoing identification of the learning abilities and needs of pupils, and shall prescribe standards in accordance with which such procedures be implemented; and (b) in respect of special education programs and services, define exceptionalities of pupils, and prescribe classes, groups or categories of exceptional pupils, and require boards to employ such definitions or use such prescriptions as established under this clause.”
  5. 5. Law Works O. Reg. 181/98: “10 Each board shall, in accordance with section 11, establish one or more committees for the identification and placement of exceptional pupils,…”
  6. 6. Law Works Information to be gathered and considered by the IPRC for the pupil’s first IPRC: “15 (1)  A committee that has received a referral under section 14 shall obtain and consider an educational assessment of the pupil. “(2)  Subject to the He alth Care Co nse nt Act, 1 9 9 6 , the committee shall also obtain and consider a health assessment of the pupil by a qualified medical practitioner if the committee determines that the assessment is required to enable it to make a correct identification or placement decision.”
  7. 7. Law Works “15 (3)  Subject to the He alth Care Co nse nt Act, 1 9 9 6 , the committee shall also obtain and consider a psychological assessment of the pupil if the committee determines that the assessment is required to enable it to make a correct identification or placement decision. (4)  Where the committee determines that it would be useful to do so and the pupil is less than 16 years of age, the committee shall, with the consent of a parent, interview the pupil.”
  8. 8. Law Works Parent right to be present: “15(5)  A parent of the pupil has a right to be present at the interview. (6)  The committee shall also consider any information about the pupil submitted to it by a parent of the pupil and, where the pupil is 16 years of age or older, the pupil. (7)  In addition to complying with this section, the committee shall consider any information submitted to it that it considers relevant.”
  9. 9. Law Works All info collected must be given to parent: “15(8)  As soon as possible after the chair of the committee obtains any information relating to the pupil, the chair shall provide the information to, (a) a parent of the pupil; and (b) the pupil, where the pupil is 16 years of age or older. (9)  Subsection (8) does not apply to oral information submitted at a meeting that the committee holds in respect of the pupil in accordance with this Regulation.”
  10. 10. Law Works Discussion of services and programs: “16(1)  The committee may discuss any proposal for special education services or special education programs and shall do so at the request of a parent or a pupil who is 16 years of age or older. (2)  The committee may make recommendations regarding special education programs and special education services. (3)  The committee may recommend that an exceptional pupil who is 21 years of age or older remain in a secondary day school program.”
  11. 11. Law Works No appeal of service and program recommendations: “16 (4)  Despite subsections (1) to (3), the committee shall not make decisions about special education services or special education programs. (6)  A recommendation under this section is not a decision for the purposes of subsection 26 (1).” [but note SET position on Regular class]
  12. 12. Law Works In the case of a Review by the IPRC: “23(1) Sections 15 and 16 apply with necessary modifications to a committee engaged in a review …. (2)  With the written permission of a parent of the pupil, a committee conducting a review under this Part shall consider the pupil’s progress with reference to the pupil’s [IEP].”
  13. 13. Law Works Obligation to considerregular class: “17(1) When making a placement decision…., the committee shall, before considering the option of placement in a special education class, consider whether placement in a regular class, with appropriate special education services, (a) would meet the pupil’s needs; and (b) is consistent with parental preferences.”
  14. 14. Law Works “17 (2)  If, after considering all of the information obtained by it or submitted to it under section 15 that it considers relevant, the committee is satisfied that placement in a regular class would meet the pupil’s needs and is consistent with parental preferences, the committee shall decide in favour of placement in a regular class.” [Note: s. 17 Also applies to Review]
  15. 15. Law Works The IPRC’s statement of decision: “18(1)As soon as possible after making its decisions on a referral under section 14, the chair of the committee shall send a written statement of decision to, (a) a parent of the pupil; (b) the pupil, where the pupil is 16 years of age or older; (c) the principal who made the referral, where the referral was made by a principal; and ……..”
  16. 16. Law Works “18 (2)………. the statement of decision shall, (a) state whether the committee has identified the pupil as an exceptional pupil;”
  17. 17. Law Works “18 (2)  ………. the statement of decision shall, (b) where the committee has identified the pupil as an exceptional pupil, include, (i) the committee’s description of the pupil’s strengths and needs, (ii) the categories and definitions of any exceptionalities identified by the committee,” [Note: SET says “Multiple Exceptionalities” must be identified.]
  18. 18. Law Works “18 (2) …. the statement of decision shall, (b) where the committee has identified the pupil as an exceptional pupil, include,… (iii) the committee’s placement decision, and (iv) the committee’s recommendation under subsection 16 (2), if any; and (c) where the committee has decided that the pupil should be placed in a special education class, state the reasons for that decision.” [Note: e.g. Pupil requires intensive individualized instruction to a degree not possible in regular class.]
  19. 19. Law Works Annual Review is required unless parents waive in writing: “21(3)Subject to subsection (4), the [Director of Education] shall make a request under clause (1) (c) [i.e.. referral to IPRC] when in his or her opinion it is necessary to do so in order to ensure that a review in respect of the pupil is held at least once in each school year. (4)  Subsection (3) does not apply where, (a) an IPRC with respect to the pupil was held during the school year; or (b) a parent of the pupil gives a written notice dispensing with the annual review to the principal of the school at which the special education program is being provided.”
  20. 20. Law Works O. Reg. 181/98, ss. 23, 24, 25: Where a review IPRC decides that no change in identification or placement is necessary, it simply sends out statement of decision confirming this. Where the Review IPRC decides to change identification or placement or both, it’s statement of decision must set out: - reason for change - description of strengths and needs - exceptionality and placement and - if placement is special class, the reasons.
  21. 21. Law Works 2. Important points in the operation of the IPRC a) Parents have the right to participate in every discussion: O. Reg. 181/98: “5(1) A parent of a pupil and, where the pupil is 16 years of age or older, the pupil, are entitled, (a) to be present at and participate in all committee discussions about the pupil; and (b) to be present when the committee’s identification and placement decisions are made.”
  22. 22. Law Works 2. Important points in the operation of the IPRC b) The IPRC must discuss special education programs and services if the parents wish and may have to identify those programs and services where pupil placed in a regular class. - Tribunal has made clear in several decisions that placement with resource assistance or with resource withdrawal requires that special ed. programs and services must be identified.
  23. 23. Law Works 2. Important points in the operation of the IPRC c) Principal’s obligations to parents when pupil first referred to IPRC: “14(6)  Within 15 days of [the principal] giving a notice under clause (1) (a) [of referral of the pupil to an IPRC] or receiving a request under clause (1) (b), the principal shall provide the parent with, (a) a copy of the guide prepared under section 13; (b) a written statement of approximately when the principal expects that a committee will meet for the first time to discuss the pupil; and (c) in the case of a request under clause (1) (b), a written acknowledgement of the request [by the parent for referral to an IPRC]”
  24. 24. Law Works 3. Tips forfending off parental criticisms re: IPRC process. i) Make sure you follow the process set out in O. Reg. 181/98: • Parent Guide • written notice of all meetings to parents • statement of decision must conform with Reg. • do not refuse to discuss strengths, needs, programs or services
  25. 25. Law Works 3. Tips forfending off parental criticisms re: IPRC process. • ii) Make good notes of meeting and who said what. • iii) Do up minutes and send to parent, esp. in contentious cases. • iv) If you think an IPRC is being adjourned at parent’s wish, set up a new date before meeting ends. • Bend over backwards to work with parents!!! However, maintain control
  26. 26. Law Works 4. Discussion:
  27. 27. Law Works Workshop: Is the IPRC Process Working? Brenda Bowlby August 17, 2007

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