Serving Students with Special Needs

SERVING STUDENTS
WITH SPECIAL NEEDS
C. FREYMUTH K. RUIZ J. STUART

TABLE OF CONTENTS
Informative Slides; Video Slides Are Italicized
4. The History Of Special Education In The United States
5. Educate-able: A History Of Educating ChildrenWith Disabilities In America
6. Individuals With Disabilities Education Act (IDEA)
7. IDEA Basics: IndividualsWith Disabilities Education Act
8. For A Student To Qualify For Services Under IDEA,There Are Two
Requirements:
9. IDEA Also Includes Six,Well-known Principles:
10. IDEA IndividualsWith Disabilities Education Act History And Summary 10
11. Section 504
12. The Specifics Of Section 504
13. How Is Section 504 Different From An IEP Under IDEA?
14. Idea Basics: (504 Plan) How Is An IEP Different From A 504 Plan?
15. Americans With Disabilities Act (ADA)
16. How The ADA AppliesTo Education
17. Pay Particular Attention To The Information Provided On How A School
Must Comply With ADA.
18. School Districts Are Not Required…
19. AmericansWith Disabilities Act (ADA)
20. IDEA, Section 504,And ADA
21. What’sThe Difference Between ADA, Section 504,And IDEA?
22. IEP Process
23. The IEP Process Made Simple
24. IEP Process: Site Administrator’s Role
25. Placement Options
26. Placement Options: Least Restrictive Environment
27. IDEA Basics: (LRE) Least Restrictive Environment
28. Placement Options:Three Possible Educational Settings
29. Placement Options:Additional Placement Information
30. Interventions
31. Interventions: Four Options
32. Interventions: Specific Strategies
33. Interventions: Specific Strategies: Reading Support
34. Interventions: Specific Strategies: Math Support
35. Interventions: Specific Strategies: Speech/Language
Improvement Program (SLIP)
36. Interventions: Specific Strategies
37. Student Discipline Issues & Considerations
40. Suspensions, Expulsions,And Manifestation Determinations
41. Special Education Support Personnel
42. Special Education Support Personnel: Special Education Teacher
43. A Day InThe Life Of A Special EducationTeacher
Continued on the next slide…

TABLE OF CONTENTS CONTINUED
Informative Slides; Video Slides Are Italicized
44. Special Education Support Personnel: Counselor
45. Special Education Support Personnel: Psychologist
46. School Psychologists -What Is A School Psychologist?
47. Special Education Support Personnel: Occupational Therapist
48. Occupational Therapists InThe Elementary School Setting
49. Special Education Support Personnel: Speech Therapist
50. SLPS - HowWe Help In Schools
51. Special Education Support Personnel:Adaptive PE
52. Adapted PE - Naperville Central High School
53. Special Education Support Personnel: Classroom Aides
(Paraprofessionals)
54. Special Education Support Personnel: 1:1 Aide
55. Working With Families Of Special Need Students: 1
57. Parents Rights In Special Education – English
58. Parents Rights In Special Education – Spanish
62. Supporting Families Of Children With Special Needs At Preschool
63. Frequently Asked Questions: List Of Questions
64. May A Parent Refuse An Initial Assessment For Possible Special
Education Eligibility?
65. May A Parent Refuse The Initial Provision Of Special Education
Eligibility?
66. What Do I Do WhenThe Parent Will Not Sign The IEP In
Disagreement Or Agreement?
67. What Is Due Process?
68. WhenThere Is A Due Process Case Pending, Is The School Site
Required To Hold The Annual Or Tri-annual IEP Team Meeting?
69. May Parents Record An IEP Team Meeting On An Audiotape Or With
AVideo Recording Device?
70. What Does The School Site Administrator Or Designee Do When A
Parent Disagrees With An IEP?
71. What DoYou Do When A Parent AsksTo Have Their Child Removed
From Special Education Services?
72. What Should A School Site Do When A Parent Provides A Copy Of A
Private Assessment Or Independent Educational Evaluation (“IEE”)?
73. What Is Compensatory Education?
74. What Does “Stay Put” Mean?
75. What Is A “Manifestation Determination”?
76. What Are The Key Elements Of FERPA (Family Educational Rights
And Privacy Act)?
77. References

THE HISTORY OF SPECIAL EDUCATION
IN THE UNITED STATES
• The history of Special Education is demonstrative not only
of how far we have come, but also what lies ahead in terms
of our nation’s Special Education legislation, policy and
advocacy.
• While the foundation of these laws and regulations lay
primarily in our nation’s education history, the strides made
in Special Education advocacy and policy were primarily
established through the Education for All Handicapped
Children Act (1975), which was amended into
the Individuals with Disabilities with Education Act of 2004.
• Educate-Able: A History of
Educating Children with
Disabilities in America
• A documentary by Miles
Kredich
• https://www.youtube.com/wat
ch?v=ZMpay6mdLYw

INDIVIDUALS WITH DISABILITIES EDUCATION ACT
(IDEA)
• The Individuals with Disabilities Education Act, also known as IDEA, is a comprehensive
and complex list of requirements designed to ensure that all children with disabilities
receive appropriate educational services (Smith, 2016). Overall, the goal of IDEA is to
provide children with disabilities the same opportunity for education as those students
who do not have a disability (McCann, n,d,).
• Take a moment to watch this first video, which will introduce you to IDEA, as well as
provide you with information on the basic components of the program.
https://www.youtube.com/watch?v=aSZMZz48z-w

FOR A STUDENTTO QUALIFY FOR SERVICES
UNDER IDEA,THERE ARE TWO REQUIREMENTS:
• 1. A student must have a
disability and, as a result of
that disability…
• 2. Need special education
in order to make progress
in school.
This is a great website to check out to learn
more about what disabilities qualify for
special education services under IDEA:
https://www.understood.org/en/school-learning/your-
childs-rights/basics-about-childs-rights/how-idea-
protects-you-and-your-child

IDEA ALSO INCLUDES SIX,WELL-KNOWN PRINCIPLES:
1.The IEP
2. Least Restrictive Environment
3. Free Appropriate Education
4.Appropriate Evaluation
5. Parent and Student Participation in
Decision Making
6. Procedural Safeguards
• In the following video, the six principles are
defined and include examples that will increase
your understanding of these concepts.
https://www.youtube.com/watch?v=TUDcqwePHak

SECTION 504
• Section 504 is a federal law that
prohibits discrimination against
individuals with disabilities. More
specifically, it provides equal
opportunities within the public
school system for children with
disabilities (Smith, 2016).
• Section 504 states that no individual with a
disability shall be excluded from participation in
any program that receives Federal financial
assistance.Therefore, schools must provide an
equal opportunity for students with disabilities
to reach the same level of achievement as
students without disabilities (Smith, 2016).

THE SPECIFICS OF SECTION 504
• To learn more about the specifics of
Section 504, visit: the following website
This website provides information on:
1.What exactly is a 504 plan?
2.Who qualifies for a 504 plan?
3.What does a 504 plan contain?
4.Who develops a 504 plan?
5.What happens at a 504 plan meeting?
6.What happens if parents do not agree
with a 504 plan?
https://www.understood.org/en/school
-learning/special-services/504-
plan/understanding-504-plans

HOW IS SECTION 504 DIFFERENT FROM AN IEP
UNDER IDEA?
• Watching this video will help you understand the difference:
https://www.youtube.com/watch?v=sJ2KlmG5OV0

AMERICANSWITH DISABILITIES ACT (ADA)
• The Americans with Disabilities Act (ADA) is a civil rights law that prohibits
discrimination against individuals with disabilities in all areas of public life, including jobs
and schools (Smith, 2016).The ADA includes several information sections that focus on
the specifics of the law, including employment, public accommodations, transportation, as
well as state and local governments (Smith, 2016).

HOW THE ADA APPLIES TO EDUCATION
• To understand how the ADA applies to education, direct your attention to the specifics
listed under the public accommodations section, as it explains how a school must comply
with ADA.
Check out the following website, http://www.pacer.org/publications/adaqa/school.asp,
to understand how ADA applies to public schools.

PAY PARTICULAR ATTENTIONTO THE INFORMATION
PROVIDED ON HOW A SCHOOL MUST COMPLYWITH ADA.
• “Public schools are covered underTitle II of the ADA which covers "public entities."The two
key provisions of Title II are that public entities must provide (1) program access (2) in an
integrated setting unless separate programs are necessary to ensure equal benefits or
services. Program access underTitle II means that school districts are required to operate
their programs so that when viewed in their entirety they are accessible to and usable by
individuals with disabilities.This applies to all existing facilities.
• Making structural improvements to an existing building such as installing ramps or elevators
is one way of achieving program accessibility. However, structural accessibility is not required
if there are alternative means of achieving program access such as providing the service at an
accessible site, relocating a class or activity to a different room in the building, or having
library staff retrieve books for students or teachers who use wheelchairs.Auxiliary aids and
services such as interpreters would have to be provided if necessary for effective
communication at school programs, conferences and other activities.

SCHOOL DISTRICTS ARE NOT REQUIRED…
• …to take any action that would result
in a fundamental alteration of the
nature of the program or activity or in
undue financial and administrative
burdens. However, public entities must
take any other action that would not
result in a fundamental alteration or
undue burden but would ensure that
individuals with disabilities receive the
same benefits and services offered to
others without disabilities.”
• Also, take a moment to watch the following video,
https://www.youtube.com/watch?v=0hQNZbfpzB0.
• It highlights several components of the Americans with
Disabilities Act that can influence decision making at your
school.
• The focus of this video includes:
1.An overview of the Americans with Disabilities Act
2. Definition of what constitutes a disability
3. Understanding what it means to be a qualified individual
with a disability
4. Reasonable accommodations

IDEA, SECTION 504,AND ADA
https://www.youtube.com/watch?v=MBVrPsKRxBc
• Finally, the following video describes the difference between IDEA, Section 504, and the
Americans with Disabilities Act.

IEP PROCESS
The seven steps of the IEP Process are:
• Pre-referral
• Referral
• Identification
• Eligibility
• Development of the IEP
• Implementation of the IEP
• Evaluation and Reviews
• This video simplifies the IEP process into 7
steps. It walks parents through the process
before, after and during an IEP meeting.
• https://youtu.be/FU3dGQWZzx8

IEP PROCESS: SITE ADMINISTRATOR’S ROLE
• According to the article “Individual Education Plans: Principals’ Roles and Responsibilities”
(2010), administrators are responsible for making sure that IEP’s are reviewed for new
students within 30 days of their enrollment. It is also the responsibility on the administrator
to attend IEP meetings and sign the final copy of the Individualized Education Plan. According
to the article “Individual Education Plans: Principals’ Roles and Responsibilities” (2010), the
administrator may allow a designee to attend and sign IEP’s when necessary, but that the
ultimate responsibility of the IEP lies with the administrator. The article also states that it is
the administrator's duty to make sure that parents and sometimes students take part in the
IEP process and that copies of the final IEP are given to parents and students (if the student is
old enough). It is also the administrator's duty to make sure that the IEP accompanies student
records when the student leaves the school, according to the article “Individual Education
Plans: Principals’ Roles and Responsibilities” (2010),

PLACEMENT OPTIONS
• Schools must have a variety of placement
options available that meet the
requirements of IDEA. This information
has been provided by the following
website:
https://www.navigatelifetexas.org/en/education-
schools/educational-placements-for-students-
with-disabilities

PLACEMENT OPTIONS:
LEAST RESTRICTIVE ENVIRONMENT
• Once goals and objectives have been
established in an IEP, the next question to
figure out is how will these required
services will be provided to students.The
answer comes directly from the
Individuals with Disabilities Education Act,
which states that students must be served
in the least restrictive environment
(Smith, 2016).
This following video will help you better
understand what exactly a least restrictive
environment is:
https://www.youtube.com/watch?v=sc5pgXhyLoQ
•

PLACEMENT OPTIONS:
THREE POSSIBLE EDUCATIONAL SETTINGS
• Mainstream: Many students receive special education and related services in a general education classroom
where peers without disabilities also spend their days.This is called inclusion. Some services that a student
might receive in a mainstream setting include: direct instruction, a helping teacher, team teaching, co-teaching, an
interpreter, education aides, modifications or accommodations in lessons or instruction.
• Resource:This is a class for students who receive special education services and need intensive help to keep
up with grade-level work.The class may have 1 or 2 students, or may have many students. However, students
receive instruction or support based on their unique needs.
• Self-Contained Programs:This is a general term for placements for which the student needs to receive
services outside of the general education classroom for half of the school day or more. Placement in a self-
contained classroom has to be based on a student’s unique needs, not on the disability alone.
From the website:
https://www.navigatelifetexas.org/en/education-schools/educational-placements-for-students-with-disabilities

PLACEMENT OPTIONS:
ADDITIONAL PLACEMENT INFORMATION
• Topics featured include:
1. IDEA requirements
2.Who makes the placement decision?
3. On what is the placement decision based?
4.What kinds of placement are there?
5. How does the group decide among these options?
6.What supports does the student need?
The following website provides more specific information on placement options for students with disabilities:
• http://www.parentcenterhub.org/repository/placement-overview/#who.

INTERVENTIONS
• Interventions are specific strategies, teaching methods, and supports that have been
shown to help a student improve academic, behavioral/emotional or functional skills (Lee,
2015). Successful administrators must understand the different instructional interventions
that are effective and provide the appropriate support to their teachers (Smith, 2016).

INTERVENTIONS: FOUR OPTIONS
• To ensure appropriate interventions are used, administrators have four options.
1. First, administrators need to make sure special education staff have the resources they need to
implement effective intervention strategies.
2. Second, administrators must ensure research-based interventions are used.
3.Third, administrators need to observe teachers in order to ensure intervention strategies are
implemented.
4. Finally, administrators must support all special education personnel (such as teachers and aides) to
maintain their appropriate roles in implementing whatever intervention strategies are used.
Research Based Interventions:
http://ec.ncpublicschools.gov/instructional-resources/behavior-support/resources/researchinterventions.pdf

INTERVENTIONS: SPECIFIC STRATEGIES
• Interventions come in many different shapes and sizes. Most are
specific to a particular weakness and designed so that a school can
monitor a student’s progress. For example, administrators and
teachers at Dudley Elementary School, located in Fairport, New
York, make a team effort to identify students with needs that require
extra support.When identified, they implement a variety of
intervention strategies that includes interventions in addition to the
ones found within the classroom.An example of these specific
interventions have been listed on the following slides.

INTERVENTIONS: SPECIFIC STRATEGIES:
READING SUPPORT
• Supplemental reading support is offered to students who need
additional instruction to meet grade level benchmarks. Our
program is designed to provide support for our neediest
students in an intimate environment while using the most
effective, research-based literacy instruction.This service is
delivered outside the classroom with a certified literacy
specialist. http://www.fairport.org/Dudley.cfm?subpage=21974

MATH SUPPORT
• Supplemental math support is offered to students who need
additional instruction to meet grade level benchmarks. Math
support is provided to small groups offers the most current
instructional strategies to help develop a solid sense of number
and operations.This supplemental service is provided by a math
specialist/coach and occurs outside of the child’s daily math
instruction.
http://www.fairport.org/Dudley.cfm?subpage=21974

SPEECH/LANGUAGE IMPROVEMENT PROGRAM (SLIP)
• Students can be enrolled in SLIP services without having an
Individualized Education Plan [IEP]. Our speech pathologists use
cutting edge strategies to increase speech articulation, develop
language and concept skills, and/or to develop students’
pragmatic skills.
http://www.fairport.org/Dudley.cfm?subpage=21974

INTERVENTIONS: SPECIFIC STRATEGIES
• For clarification on accommodations,
interventions, and modifications review
this website, paying particular attention
to the chart near the bottom, which
provides specific examples regarding the
similarities and differences between the
three ideas:
• http://www.jcboe.org/boe2015/images/pd
f/depts/speced/13-14/links13-
14/accommodationsmodificationsinterve
ntions.pdf.
• In order to have a better understanding
of what an intervention strategy is,
visit this website:
https://www.understood.org/en/learning-
attention-issues/treatments-
approaches/educational-
strategies/instructional-intervention-what-
you-need-to-know

STUDENT DISCIPLINE ISSUES & CONSIDERATIONS
It is important to take into account students disabilities when issuing discipline consequences. It
is also very important to know the student's IEP well. Many students that have experienced
severe behavior issues in the past will have behavior teaching plans attached to their IEP’s which
will outline procedures for dealing with undesired behaviors. If behaviors are new to the student,
a meeting should be called as soon as possible to develop a behavior teaching plan. It is
important that these are known by administration before making any judgement calls on
behavior. Students can be suspended if they do something that is highly inappropriate, for
example, physically harm another student. They can also be suspended if the do something that is
against school rules, like bringing drugs or weapons on campus. If their number of suspensions
reaches ten (consecutive or nonconsecutive), the student would be up for expulsion.

If a student is being recommended for expulsion, the IEP team must meet and hold a manifest
determination meeting. In this meeting, the focus is on whether or not the behaviors that have
led to the student's suspension are a direct result of their disability. For example, a student who
is Emotionally Disturbed that has been suspended several times for defiance or classroom
outbursts, would be protected from expulsion as that would be a direct manifestation of their
disability. If that same student was tagging school property, that would not be a manifestation of
his disability and he would be subject to expulsion.

• Regardless of the outcome, if a student is
suspended for more than ten days or
expelled, the school is still responsible
for providing FAPE (Free and
Appropriate Education) to the student.
• The followingYouTube video provides
some more information on Manifestation
Determination:
• https://youtu.be/JOZb7rpAS_4

SPECIAL EDUCATION SUPPORT PERSONNEL
• The roles and responsibilities of each person involved in the special education process is
vital to the success of a special education program. Not only are they responsible for
complying with the many federal and local laws and regulations, but they are involved in
every aspect of the educational process.Therefore, the following information will include
a brief description of the professionals involved in special education. If you would like a
more detailed description, click on the links that have been included below the
description of each support personnel.

SPECIAL EDUCATION SUPPORT PERSONNEL:
SPECIAL EDUCATIONTEACHER
• The special education teacher
has many roles.They
communicate with families, they
create lessons, they collaborate
with fellow teachers, they
manage the classroom
environment, they differentiate
instruction, they care for
students, and they stay on top of
changing laws.
• Take a moment to watch this video that describes a
day in the life of a special education teacher:
https://www.youtube.com/watch?v=qh1meBo_m1w
• For more specific information on special education
teacher responsibilities, check out this website:
http://www.truity.com/career-profile/special-education-
teacher

COUNSELOR
• School counselors are
important members of the
special education team.They
support students in the areas
of academic achievement,
personal/social development
and career development.
Take a moment to visit this website and watch a video on
how school counselors contribute to student success:
http://www.schooltube.com/video/bfedcdeb28ad6966016f
/How-School-Counselors-Contribute-to-Student-Success
For more specific information on counselor
responsibilities, check out this website:
http://www.bls.gov/ooh/community-and-social-
service/school-and-career-counselors.htm#tab-2

PSYCHOLOGIST
• School psychologists help
students succeed academically,
socially, behaviorally, and
emotionally by applying their
expertise in mental health,
learning, and behavior.
Take a moment to watch this video on the role of the
school psychologist:
https://www.youtube.com/watch?v=CK10O6uG-Ow
For more specific information on school psychologist responsibilities, check out this
website: http://www.allpsychologyschools.com/school-psychology/job-description/

OCCUPATIONAL THERAPIST
• Occupational therapists support a
student’s ability to participate in desired
daily activities or “occupations.”They
support the development of fine motor
skills, hand strength, pencil grasp,
handwriting, dexterity, and more!
The link below is on the role of the occupational
therapist in an elementary school setting:
https://www.youtube.com/watch?v=d6_uhLdqCKc
For more specific information on occupational therapist responsibilities, check out this website:
https://www.aota.org/~/media/Corporate/Files/AboutOT/Professionals/WhatIsOT/CY/Fact-
Sheets/School%20Settings%20fact%20sheet.pdf?la=en

SPEECHTHERAPIST
A speech therapist is a professional
who assesses and diagnoses students
with speech, language, cognitive, and
swallowing disorders.Their findings
are used to develop IEPs, which the
speech therapist helps to implement.
Take a moment to watch this video on the role of
the speech therapist in an educational setting:
https://www.youtube.com/watch?v=_JRXqRDm7kc
For more specific information on speech therapist responsibilities, check out this website:
http://www.bls.gov/ooh/healthcare/speech-language-pathologists.htm

ADAPTIVE PE
Adaptive Physical Education is a
service provided to a special
needs student who has been
identified as visually impaired,
physically handicapped, or other
health impaired. It is a modified
physical education program
designed to meet individual
gross motor needs.
Take a moment to watch this example of an adaptive
physical education program within a high school setting:
https://www.youtube.com/watch?v=A81Vphgk5KY
For more specific information on adaptive PE, check out this
website: http://www.pecentral.org/adapted/adaptedmenu.html

CLASSROOM AIDES (PARAPROFESSIONALS)
Classroom aides assist teachers
and help reinforce classroom
instruction.They assist students
individually, they help supervise
students, and they may also help
grade papers.
For more specific information on classroom aide job
responsibilities, check out this website:
http://www.norwinsd.org/cms/lib2/PA01001594/Centrici
ty/domain/121/job%20descriptions/ClassroomAssistantIn
structionalAideFeb12.pdf

1:1 AIDE
A one-on-one aide provides
specific, individual support to
one or more students, both
inside and outside the classroom
setting.
For more specific information on the one-on-one aide
job responsibilities, check out this website:
http://ecdc.syr.edu/wp-content/uploads/2013/01/one-to-
one-aides.pdf

WORKING WITH FAMILIES OF SPECIAL NEED STUDENTS
1. Schools and parents have many opportunities to work together to provide successful education
programs for students. For example, parents volunteer in classrooms, attend parent-teacher
conferences, help students with their homework, and attend student performances (Smith, 2016).As
students with disabilities create even more opportunities for parental involvement, administrators
need to ensure they work with parents to foster a positive working relationship.
To get this relationship started, check out this list of five things parents of special need students want teachers to
know.Although not written specifically for administrators, the information is still relevant to your administrative role.
http://www.howtolearn.com/2011/12/5-things-parents-of-special-needs-students-want-teachers-to-know-right-now/

2. Next, understand the rights of parents. IDEA
gives parents numerous rights related to the
education of their children with disabilities.
Make sure to familiarize yourself with these rights by
reviewing this website:
http://www.specialeducationguide.com/pre-k-12/what-
is-special-education/legal-rights-to-services/
Also, take a moment to review this video on parent rights.
This may be a useful resource to provide parents, as it also comes in Spanish.
English:
https://www.youtube.com/watch?v=n5S4siId5-o
Spanish:
https://www.youtube.com/watch?v=AQC_OpXyxYc
(Smith, 2016).

3. Schools must be proactive in order to secure parental involvement that goes beyond the mandatory compliance listed in the IDEA and
parental rights mentioned above. In order to increase the odds of a positive partnership with families, the following five suggestions
should be taken into consideration:
Take a positive
approach with
parents. Emphasize
the positive
characteristics of
their child and
engage in
conversations
about what will be
accomplished.
Respect the
culture and
background of the
family.Take the
time to learn the
family structure,
accept non-
traditional families,
and understand
parental roles.
Make every effort to
constantly
communicate with
families. Parents can and
will become untrusting
of the school, teachers,
or administration if
they feel the school has
been keeping
information from them.
Assign simple
supports that can
easily be provided
by the family. If
academic support
can be provided
at home, ensure
parents are given
the opportunity
to provide it.
Ensure parents and students know
how to advocate for their needs
once they exit the public school
system. Students will be more
successful if they know how the
process works, then if they spent
their educational career
depending on people to explain it
to them, leaving them unsure of
how to do anything on their own.
(Smith, 2016).

4. Finally, take a moment to review an article on strategies for working with families of
children with disabilities.This article provides suggestions for understanding family life,
communicating frequently with families, and the importance of taking the time to learn
about a student’s disability.
(Smith, 2016).
https://www.naeyc.org/files/yc/file/200909/FamiliesOfChildrenWithSpecialNeeds0909.pdf

5.Whether you are a parent or a teacher, your goal throughout the individualized education
program (IEP) process should always be to help your student reach his or her potential.
Since parents and teachers are arguably the most important adults in a child’s life, they are
best suited to help that child prepare for and face challenges and new experiences.They are
also uniquely positioned to model teamwork and compromise for a student by working
together in a positive way to solve disputes.
(Smith, 2016).
http://www.specialeducationguide.com/pre-k-12/individualized-education-programs-iep/the-iep-
process-explained/

SUPPORTING FAMILIES OF CHILDRENWITH
SPECIAL NEEDS AT PRESCHOOL
There are many ways you can demonstrate respect and consideration for families of children with special needs in your
classroom. Consider the following:
Acknowledge
that families
know their
child best and
ask them
questions
about services
or resources
that may be
helpful to you.
Establish ongoing communication between home
and school. Communication journals are a great way
to maintain communication.These are usually sent
home with the child and returned the next day.
Teachers can share noteworthy observations or
events, and families can respond to those or share
their own news or reflections.While communication
journals can be used with families of all children in
your classroom, they can be an especially valuable
tool in establishing consistency between home and
school environments for children with special needs.
Incorporate
children’s
books in your
classroom
library that
reflect
consideration
of multiple
abilities and
differences.
Incorporate
children’s
books in your
classroom
library that
reflect
consideration
of multiple
abilities and
differences.
Be a team player!
Work
collaboratively
with families and
other
professionals who
may be involved in
the delivery of
services to
children with
special needs.
(Smith, 2016).

FREQUENTLY ASKED QUESTIONS
• May a parent refuse an initial assessment for possible special education eligibility?
• May a parent refuse the initial provision of special education services?
• What do I do when the parent will not sign the IEP in disagreement or agreement?
• What is due process?
• When there is a due process case pending is the school site required to hold the annual or tri-annual IEP team meeting?
• May parents record an IEP team meeting on an audiotape or with a video recording device?
• What does the school site administrator or designee do when a parent disagrees with an IEP?
• What do you do when a parent asks to have their child removed from special education services?
• What should a school site do when a parent provides a copy of a private assessment or independent educational evaluation (“IEE”)?
• What is compensatory education?
• What does “stay put” mean?
• What is a “Manifestation Determination”?
• What are the key elements of FERPA (Family Educational Rights and Privacy Act)?
* answers taken directly from California Department of Education, http://dse-web.lausd.k12.ca.us/sepg2s/pdf/faqs/faq_iepdisputes.pdf
** answer taken directly from http://www.parentcenterhub.org/repository/manifestation/
*** answers taken directly from http://www2.ed.gov/policy/gen/guid/fpco/pdf/ferpa-disaster-guidance.pdf

MAY A PARENT REFUSE AN INITIAL ASSESSMENT FOR POSSIBLE
SPECIAL EDUCATION ELIGIBILITY?
• “A parent may refuse an initial assessment. However, if the District feels that it is
important to assess the student, the District may file for a due process hearing in order
to obtain an order authorizing the District to assess without parent consent. If a parent
of a student at your school site is refusing to consent to an assessment, call the District's
Due Process Department to discuss the possibility of filing for a due process hearing.
(Note: If a student is unilaterally placed by their parents at a private school or if they are
home- schooled the District cannot override the lack of parent consent).”
answers taken directly from California Department of Education, http://dse-
web.lausd.k12.ca.us/sepg2s/pdf/faqs/faq_iepdisputes.pdf

MAY A PARENT REFUSETHE INITIAL PROVISION OF SPECIAL
EDUCATION ELIGIBILITY?
• “A parent may refuse an initial assessment. However, if the District feels that it is
important to assess the student, the District may file for a due process hearing in order
to obtain an order authorizing the District to assess without parent consent. If a parent
of a student at your school site is refusing to consent to an assessment, call the District's
Due Process Department to discuss the possibility of filing for a due process hearing.
(Note: If a student is unilaterally placed by their parents at a private school or if they are
home- schooled the District cannot override the lack of parent consent).”

WHAT DO I DOWHENTHE PARENTWILL NOT SIGNTHE IEP IN
DISAGREEMENT OR AGREEMENT?
• “You should: (1) make at least three attempts to obtain the parents' signature following
the IEP team meeting, using phone calls, letters, home visits, and/or in person meetings at
the school site; (2) document your attempts to obtain a signature in phone call logs,
letters, conferences and conversation; (3) maintain a copy of all responses from the
parent; (4) continue to implement the last agreed upon and implemented IEP; and (5)
contact the Due Process Department to discuss the possibility of filing for due process.”

WHAT IS DUE PROCESS?
• “A due process hearing is a formal proceeding presided over by an administrative law judge
which is similar to a court action.The hearing can be initiated by a parent (as described
above), emancipated pupil, or school district when there is a disagreement over a proposal or
refusal to initiate or change the identification, assessment or educational placement of the
pupil or the provision of a free, appropriate public education of the pupil (including such
disciplinary action as multiple suspensions or expulsion). Requests should be sent to Office of
Administrative Hearings, Special Education Unit, 1102 Q Street, 4 th Floor, Sacramento, CA
95814, Phone ( 916) 323-6876, Fax (916) 322-8014. Requests for due process will be
investigated in an expeditious and effective manner by OAH.”

WHENTHERE IS A DUE PROCESS CASE PENDING, ISTHE
SCHOOL SITE REQUIREDTO HOLDTHE ANNUAL ORTRI-
ANNUAL IEPTEAM MEETING?
• “Yes. Follow the required timelines for holding IEP team meetings.We also recommend
that you call the due process specialist that is working on the case before convening the
IEP team meeting to discuss possible resolutions of parent concerns.”

MAY PARENTS RECORD AN IEPTEAM MEETING ON AN
AUDIOTAPE ORWITH AVIDEO RECORDING DEVICE?
• “Parents can record an IEP team meeting on audiotape if they give the school notice of their
intent to record no later than 24 hours before the IEP team meeting. Likewise, the school may
record the IEP team meeting if they give the parents notice at least 24 hours before the
meeting. If the school initiates the notice of intent to record (i.e., the parent did not give
notice first) and the parent objects to taping the meeting, than the school cannot tape the
meeting.We recommend that if your school site receives a tape-recording notice from
parents; you provide the parents with a notice and also tape record the meeting.”

WHAT DOESTHE SCHOOL SITE ADMINISTRATOR OR DESIGNEE
DOWHEN A PARENT DISAGREESWITH AN IEP?
• “When parents disagree with their child's IEP, document the parents' disagreement on of
the IEP. Parents may disagree with the entire document or they may choose to agree to
specific parts and services of the IEP and have them implemented.The school site
administrator or designee should then review with the parents the options for seeking a
resolution of their IEP dispute.After the parents select a dispute resolution process make
sure that the choice is marked on the IEP.”

WHAT DOYOU DOWHEN A PARENT ASKSTO HAVETHEIR
CHILD REMOVED FROM SPECIAL EDUCATION SERVICES?
• “If a comprehensive assessment has not recently been done it is important to first assess the student.
After the assessments are completed, convene an IEP team meeting to discuss student's progress, goals
and continued need for special education and related services. If the IEP team recommends that the
student continue to receive special education and related services, the parents may disagree with the IEP
initiate one of the dispute resolution processes.The student will remain in special education until the
dispute is resolved. If the IEP team determines that the student no longer needs or is eligible for special
education and related services, document the decision on the IEP and if the parent consents to the IEP,
exit the student from special education.Acceptance of a letter requesting termination of special
education services is not sufficient to exit a child from special education.”

WHAT SHOULD A SCHOOL SITE DOWHEN A PARENT
PROVIDES A COPY OF A PRIVATE ASSESSMENT OR
INDEPENDENT EDUCATIONAL EVALUATION (“IEE”)?
• “Upon receiving a private assessment report, the school site administrator should schedule an
IEP to review the results of the report (or if an IEP team meeting has already been scheduled
put the assessment report on the agenda for discussion at the meeting).The professional who
conducted the assessment should be invited to attend as well as District staff qualified to
interpret the results of the assessment (e.g., a school psychologist for a psycho educational
assessment, OT provider for OT assessment, etc.).The school site administrator should
provide copies of the private assessment report to the relevant District staff for their review
prior to the meeting.The IEP team should consider and discuss the report, and make changes
to the student's IEP if necessary to meet the student's unique educational needs.”

WHAT IS COMPENSATORY EDUCATION?
• “Compensatory education may be offered or ordered if the District denies a student a free
appropriate public education (FAPE). If an IEP team, due process specialist orhearing officer
determines that the student has not received services as written into the student's IEP, or that
the District failed to provide an adequate program that resulted in a loss of educational
opportunity for the child, compensatory education may be offered. Compensatory education
may include extended school-year services, additional therapy sessions, or other remedial
measures in response to a student's identified needs. Compensatory education is intended to
be a one time offer to compensate for past failures to adequately serve the student and is not
meant to provide ongoing services for future IEPs.”

WHAT DOES “STAY PUT” MEAN?
• “When a parent disagrees with an IEP and files for due process, the student is to
continue to receive the placement and services in the last agreed upon and implemented
IEP during the due process proceedings.This is commonly known as "stay put." If the
parent disagrees with any portion of the IEP, the District may implement the agreed upon
portions of the IEP. Stay put may apply for the disputed portions of the IEP depending on
the facts of the case.”

WHAT IS A “MANIFESTATION DETERMINATION”?
• “Under §300.530(e), a manifestation determination must occur within 10 days of any
decision to change the child’s placement because of a violation of a code of student
conduct. It must be determined if the conduct in question was caused by, or had a direct
and substantial relationship to, the child’s disability; or if the conduct in question was the
direct result of the LEA’s failure to implement the IEP. [§300.530(e)(1)-(2)]”
answer taken directly from http://www.parentcenterhub.org/repository/manifestation/

WHAT ARETHE KEY ELEMENTS OF FERPA (FAMILY
EDUCATIONAL RIGHTS AND PRIVACY ACT)?
• “The Family Educational Rights and Privacy Act (FERPA) prohibits a school from disclosing
personally identifiable information from students’ education records without the consent of a
parent or eligible student, unless an exception to FERPA’s general consent rule applies. In
some emergency situations, schools may only need to disclose properly designated “directory
information” on students that provide general contact information. In other scenarios, school
officials may believe that a health or safety emergency exists and more specific information on
students should be disclosed to appropriate parties. Understanding the options available
under FERPA empowers school officials to act quickly and decisively when concerns arise.
FERPA is not intended to be an obstacle in addressing emergencies and protecting the safety
of students.”
answers taken directly from
http://www2.ed.gov/policy/gen/guid/fpco/pdf/ferpa-disaster-guidance.pdf

REFERENCES
• Leuchovius, D. (2003).ADA Q & A: Back to school. Retrieved from http://www.pacer.org/parent/php/PHP-
c51c.pdf
• McCann, C. (n.d.). IDEA: Individuals with disabilities education act. Retrieved from
http://www.edcentral.org/edcyclopedia/individuals-with-disabilities-education-act-overview/
• Smith,T. E. (2016). Serving students with special needs:A practical guide for administrators. NewYork, NY:
Routledge.
• Individual Education Plans: Principals’ Roles and ... (2012, February). Retrieved September 24, 2016, from
http://www.edu.gov.on.ca/eng/policyfunding/leadership/pdfs/issue11.pdf
• Lee,A. M. (2015). Instructional intervention:What you need to know. Retrieved from
https://www.understood.org/en/learning-attention-issues/treatments-approaches/educational-
strategies/instructional-intervention-what-you-need-to-know

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