A hoonanian

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A hoonanian

  1. 1. Special Education 101 ACSA 2014 Every Child Counts Symposium January 15-17, 2014 Presented by: Anahid Hoonanian Overview • IDEA and FAPE • Child find and Referral • Assessment • IEP meeting • Eligibility IDEA • Funding statute • Part B • Purpose • Implementation • IEP review and Reassessment • Timelines • Prior written notice
  2. 2. IDEA • Right to a FAPE • FAPE – Procedural – substantive Child Find • IDEA requires Districts to locate and identify any student suspected of having a disability (Child Find) and assess the student in all areas of possible disability to determine eligibility. Referral • Timeline – What about RTI?
  3. 3. Assessment • Before an initial assessment, the LEA must: – Provide parent with prior written notice – Provide parent with procedural safeguards notice – Obtain parent’s informed written consent Assessment • Purpose – To see if the child is a “child with a disability” as defined by IDEA – To gather information that will help determine child’s educational needs – To guide decision making about appropriate educational program for the child Assessment Requirements • Must use of a variety of assessment tools and strategies to gather information about the child, including information provided by parents • The assessment must be sufficiently comprehensive to identify all of the child’s special education and related services needs whether or not those needs are commonly linked to the disability category in which the child has been classified
  4. 4. Assessment Requirements • Assessments and other evaluation procedures must be administered: – by trained and knowledgeable personnel – in accordance with documented instructions – for the purposes for which the assessments or measures are valid and reliable Assessment Requirements • Assessment procedures must be: – Selected and administered so as not to be discriminatory on a racial or cultural basis – Provided and administered in child’s native language Assessment Requirements • Assessment procedures must be: – In the form most likely to yield accurate information on what child knows and can do • Academically • Developmentally • Functionally – Must be conducted within 60 days of parental consent for assessment
  5. 5. IEE • If a parent disagrees with a district assessment, the parent is entitled to an independent educational evaluation – District may not require the parent to explain why he or she objects to the district’s assessment • Responses – Agree to fund IEE; or, – Request a due process hearing IEP • Once a student is found eligible, IDEA requires the District to develop and implement an individualized education program (“IEP”) for special education instruction and/or related services. IEP Meeting Notice • Provide parents notice of the meeting early enough to ensure an opportunity to attend • Indicate purpose, time, and location of the IEP meeting and who will be in attendance
  6. 6. The IEP Team • Team members: – parents – not less than one regular education teacher of the child – not less than one special education teacher of the child – Administrator or designee – an individual who can interpret the instructional implications of evaluation results; – other individuals who have knowledge or special expertise regarding the child – the child with a disability IEP – Parent Participation • The LEA must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting. Parent Participation - Example Doug C. v. Hawaii Dept. of Educ. (9th Cir. 2013) ___ F.3d ___, 2013 WL 2631518 • Facts – Parent repeatedly postponed or cancelled IEP meetings. – Parent requested to re-schedule the IEP meeting, and insisted upon participating. – LEA refused and held meeting without parent or private school representative.
  7. 7. Convening IEP Meeting Without Parent Did the LEA deny FAPE by holding the student’s IEP meeting without parent in attendance? Convening IEP Meeting Without Parent • Yes! – When faced with competing procedural requirements, the LEA must make a reasonable determination. Convening IEP Meeting Without Parent – LEA may not hold IEP meeting without parent unless they affirmatively refuse to attend. – Procedural violation resulted in deprivation of educational benefit because DOE changed student’s placement without parent or private school’s input.
  8. 8. Convening IEP Meeting Without Parent •Tips: – When faced with decision of which IDEA provision to violate, take action most consistent with purpose of IDEA. – It’s usually better to miss a deadline than to have an IEP without parents. IEP Team Member - Excusal • A member may be excused from attending the IEP meeting in whole or in part when: – Team member’s area is not being modified or discussed – Parents and LEA have agreed that the member’s attendance is not necessary – The agreement is in writing IEP Team Member - Excusal • What if IEP team member’s subject area is going to be discussed?
  9. 9. Determining Eligibility • A child must not be determined to be a “child with a disability” if the determinant factor for deciding so is – Lack of appropriate instruction in reading, – Lack of appropriate instruction in math, or – Limited English proficiency; and – If the child does not otherwise meet the eligibility criteria at 34 C.F.R. §300.8(a) Eligibility • Child with a disability means: – a child who is assessed under the IDEA’s procedures as having one of the 13 disabling conditions listed in the IDEA; and, – who, by reason thereof, needs special education and related services. Eligibility Categories 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Autism Deaf-Blindness Deafness Emotional Disturbance Hearing Impairment Intellectual Disability Multiple Disabilities Orthopedic Impairment Other Health Impairment Specific Learning Disability Speech or Language Impairment Traumatic Brain Injury or Visual Impairment (including Blindness)
  10. 10. IEP Process • Provide copy of assessment report to parent at no cost to parent • IEP content – Transition • Related services • LRE • Placement and written FAPE offer IEP Process • Consent • Revocation of consent • Implementation • Reporting on progress • Review and reassessment Reevaluations • May occur not more than once a year, – unless parent and public agency agree otherwise • Must occur at least once every 3 years, – unless parent and public agency agree a reevaluation is unnecessary
  11. 11. Additional Timelines • IEP in place by age 3 • Aging out or diploma • Revocation of consent for special education Exiting Special Education • Assessment is required before determining a child is no longer a “child with a disability” except when the child’s eligibility under Part B ends because: – the child graduates from high school with a regular diploma; or – the child ages out. Exiting Special Education • When child’s eligibility under Part B ends, the LEA must provide the student with a: – Summary of child’s academic achievement and functional performance, including… – Recommendations on how to assist child in meeting his or her postsecondary goals
  12. 12. Procedural Compliance • Request for records • PWN • Recap of timelines Case Study Parent on Behalf of Student v. Sacramento Unified School District (OAH No. 2012040379) • Eight-year old Student has just moved into School District’s boundaries. • She is an ELL student who has a moderate hearing loss and speech language and learning needs. • Student requires an assistive listening device and articulation, language processing and reading support. Case Study How can District serve the needs of Student given its limited resources?
  13. 13. Case Study • Student’s parents request an assessment for special education based on their belief that Student has ADHD since her refusal to go to school and has led to excessive absences. • Principal contacts parents and suggests going through Student Study Team process before an assessment. • Parent rescinds assessment request, but District does not get rescission in writing, and District does not give Parents notice of their procedural rights. • District delays assessment for four months after initial request. • Student is found not to have ADHD. • Student is found to have a hearing impairment and a language/speech disorder. Did District deny Student a FAPE? Disclaimer: These materials and all discussions of these materials are for instructional purposes only and do not constitute legal advice. If you need legal advice, you should contact your local counsel or an attorney at Lozano Smith. If you are interested in having other inservice programs presented, please contact clientservices@lozanosmith.com or call (559) 431-5600. Copyright © 2014 Lozano Smith All rights reserved. No portion of this work may be copied, or sold or used for any commercial advantage or private gain, nor any derivative work prepared there from, without the express prior written permission of Lozano Smith through its Managing Partner. The Managing Partner of Lozano Smith hereby grants permission to any client of Lozano Smith to whom Lozano Smith provides a copy to use such copy intact and solely for the internal purposes of such client. Thank You For Attending!

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