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Rutt Materials


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Rutt Materials

  1. 1. 2/21/2008 Parent’s Rights In The Special Education Process Ohio Coalition for the Education of Children With Disabilities 1 2 3 4 5 6 1
  2. 2. 2/21/2008 7 8 HISTORY It all started with concerned parents. ACTS OR STATUTE IDEA ’04’ is a Statute. This is law. 36 court cases in 27 states 11th and 14th Amendments 1865 - Freedom from slavery RULES OR REGULATIONS 1922 - Women’s right to vote Regulations Clarify Statute. 1964 – Civil Rights Act 1973 – Rehabilitation Act POLICIES AND GUIDELINES 1975 – P.L. 94-142 (EAHCA) States and School Districts have Policies and Guidelines in 1990 – Americans with Disabilities Act areas such as Attendance, Behavior etc. If Policies are in Conflict with Federal Acts or Regulations, they can be Challenged 9 10 The short happy life of a parent Advocate CO Evaluation NS EN T Consent: Parents are part of the group that make Parent fully informed the decision regarding their child’s child’ Parent understands and agrees in writing to proposed activity eligibility Parent knows consent is voluntary and can be revoked Parents are part of the group that make the decision regarding their child’s Evaluation: educational placement Procedures to determine if a child has a disability Nature and extent of services needed in academics but must also consider all areas of the child’s functioning Parents must be given the opportunity to participate in all meetings related to the identification, evaluation, Personally identifiable information includes: educational placement and the provision of FAPE for their child Name, address, personal identifier and/or a list of personal ©PACER Center, Inc., 1999 ©PACER Center, Inc., 1999 characteristics 2
  3. 3. 2/21/2008 PARENT means a natural or adoptive parent, a guardian, a person acting as a parent, or a surrogate parent who has been A Surrogate Parent is a person appointed to represent a appointed child with a disability in special education planning Unless State law prohibits, a State may allow a foster parent to prohibits, when: No parent can be identified act as a parent if parental authority to make educational No parent can be located, or decisions has been extinguished, and the foster parent : Is a ward of the State has an ongoing long-term parental relationship with the child THE SURROGATE: Is not an employee of the SEA, LEA, or agency is willing to make educational decisions involved in the education/care of the child has no interest that Cannot have a conflict of interest conflicts with the interests of the child Has knowledge and skills ©PACER Center, Inc., 1999 ©PACER Center, Inc., 1999 Ages 3 through 21* • Mental Retardation (Cognitive Disability) • Hearing Impairments Including Deafness 1. Free and Appropriate Public Education • Speech or Language Impairments (FAPE) • Visual Impairments Including Blindness 2. Appropriate Evaluation • Serious Emotional Disturbance (emotional disturbance) 3. Individualized Education Program (IEP) • Orthopedic Impairments 4. Least Restrictive Environment (LRE) • Autism 5. Parent/Student Participation in Making • Traumatic Brain Injury • Other Health Impairments Decisions • Specific Learning Disabilities 6. Procedural Safeguards • Deaf/Blindness • Multiple Disabilities 15 16 REQUESTING EVALUATIONS Free, Appropriate Public Education (FAPE) means SPECIAL EDUCATION and RELATED SERVICES that are provided: Tips for parents: At Public Expense ask for evaluation in writing; keep Under Public Supervision a copy of your request At No Cost to Parents explain your child’s problems and why you think evaluation is needed Meets the Standards of the SEA Include Preschool, Elementary or Secondary School be sure to share important information with school staff about your child’s performance, and your Are Provided in Conformity with an IEP concerns Applies to All Children with Disabilities, Including Those you must give informed consent Who Have Been Suspended or Expelled From School for the evaluation to take place ©PACER Center, Inc., 1999 ©PACER Center, Inc., 1999 3
  4. 4. 2/21/2008 Initial Cat Parental Consent Evaluation Dixie Written Parental Consent Must Be To determine: To determine: Obtained Before: if child has a disability and needs if child has a disability and needs The Initial Evaluation or Re-evaluation special education and related special education and related services services Upon re-evaluation Upon receipt of request for due present levels of performance and present levels of performance and educational needs educational needs process Testing in Upon change in placement for Progress disciplinary action Evaluatio The initial evaluation and eligibility results w n must be completed within 60 days of ill be used to receiving parental consent. develo an IEP fo p an eligib r Parental consent is not required for a le child review of existing data as part of an ©PACER Center, Inc., 1999 evaluation or re-evaluation. 20 PARENT CONSENT FOR Evaluation Procedures EVALUATION (c) (1) Any standardized tests given must be: PARENT CONSENT MAY validated for the purpose that it is used BE GIVEN BY: used by persons who are trained/knowledgeable Sample consent form used according to test instructions Pull down the consent (d) (2) Any change from the standard evaluation conditions: form from the OEC Website must be included in the Parents may also evaluation report give consent by writing a letter requesting an evaluation and stating consent ©PACER Center, Inc., 1999 21 22 Evaluation Procedures Evaluation Procedures (a) Tests and other evaluation materials: will not discriminate based on (d) Tests and evaluation materials must race or culture measure more than just I.Q. are given in child’s native language or mode (e) Tests should accurately measure aptitude or of communication unless achievement, and not simply reflect a child’s impaired it is clearly not feasible skills to do so (b) A variety of tools and strategies are used to determine: (f) No single test can be used to if child is a determine: “child with a disability” if child has disability contents of the IEP what services are needed ©PACER Center, Inc., 1999 ©PACER Center, Inc., 1999 4
  5. 5. 2/21/2008 Evaluation Procedures effect- In effect- (g) Child must be assessed in all areas of suspected at beginning of year disability before services are provided Implemented- Implemented as soon as possible following the meeting (h) Evaluation identifies all needs, An IFSP may serve as an IEP to- Accessible to- whether or not commonly for children 3 - 5, each regular and linked to the disability category if- if- special education teacher and others using that plan is responsible for its consistent with State implementation policy, and (i) Public agencies must use technically sound instruments agreed to by parents Teachers and providers know - The public agency shall- shall- responsibilities in implementing IEP provide to parents a detailed specific accommodations, (j Assessment tools must provide relevant information that (j) explanation of the differences modifications and supports to be provided assists persons in determining educational needs between an IFSP and an IEP If parents choose IFSP, obtain written ©PACER Center, Inc., 1999 informed consent from parents ©PACER Center, Inc., 1999 26 Students with Specific Independent Educational Evaluation (IEE) Learning Disabilities If parent disagrees with public agency’s Additional team members to determine evaluation, the agency must: disability” whether the child is a “child with a disability” provide an IEE at public expense, or initiate a hearing to show that its’ the child’s regular teacher, or, if the child has no evaluation is appropriate regular teacher, a regular classroom teacher If a parent initiates a privately funded IEE: qualified to teach a child of his or her age if evaluation meets public agency criteria, for a child of less than school age, a teacher of results must be considered in planning IEP IEE may be used as evidence at a that age group, and due process hearing at least one person qualified to conduct individual diagnostic evaluations, such as the ..provided by a qualified person who is school psychologist or remedial reading teacher not an employee of the public agency ©PACER Center, Inc., 1999 27 ELIGIBILITY- ELIGIBILITY- Placement who determines? When FAPE is an Issue A group of qualified If a child who had previously received services is professionals and the parent determine the need for special enrolled in a private preschool, elementary or education and related services secondary school by their parents without consent of the public agency, the parent must: Public agencies must give based on parents a copy of the: evaluation At the most recent IEP meeting before removal, parents evaluation report must inform the IEP team they are rejecting the documentation of the proposed placement with concerns as to why and their eligibility determination intent to enroll in a private school; or, A child cannot be determined to have a disability Given written notice to the public agency 10 business based on a lack of instruction in math, reading or days prior to removing their child from the public limited English proficiency, if the child does not school. (Written notice must contain the same otherwise meet eligibility requirements ©PACER Center, Inc., 1999 information described above.) 30 5
  6. 6. 2/21/2008 Prior Written Notice SAMPLE PRIOR WRITTEN NOTICE FORM Written notice - whenever the public agency proposes or refuses to initiate or change: identification evaluation educational placement provision of FAPE ©PACER Center, Inc., 1999 32 Prior Written Notice Content of notice- proposed or refused action A child may assert the protections of the discipline section why action is proposed or refused of IDEA if the LEA “had knowledge” he or she was a child options considered & rejected with a disability: all records used by the district in parent expressed in writing that the child reaching a decision needed special education and related services other factors relevant to proposal or refusal behavior demonstrates need for where parents may obtain services procedural safeguards who parents can contact about parent has requested an evaluation understanding their rights teacher or other personnel Notice must be in understandable language expressed concern about child’s Understandable to the general public behavior or performance in in the parent’s native language accordance with the child find or special education referral ©PACER Center, Inc., 1999 system ©PACER Center, Inc., 1999 Reevaluation least once every three years, or more often if parent or teacher requests or conditions warrant a group of persons shall- identify any additional data needed to determine If an LEA does not “have knowledge” that if child continues to have a disability, and continues a child has a disability, the child may be to need special education and related services subjected to regular discipline present levels of performance and educational needs if additions or modifications are needed to the If evaluation is requested during the special education and related services disciplinary period, it must be expedited. review existing data Until evaluation is completed, child remains Parents must give INFORMED CONSENT if in placement determined by school additional assessment is needed authorities The group of persons that review the data is the same membership as an IEP team, and If the child is found to have a disability, the others, as appropriate agency shall provide special education and The group may conduct its review without a meeting related services. ©PACER Center, Inc., 1999 ©PACER Center, Inc., 1999 PACER Center, Inc. 1998 6
  7. 7. 2/21/2008 Reevaluation If additional data is not needed to determine that the child continues to be a“child with a disability” then Medical records The public agency will notify parents in writing: School records -assessments of the determination and the reasons for it -IEPs of the parents’ right to request assessment to -discipline reports determine whether their child continues to qualify for special education and related services Letters Observations The public agency is not required to conduct Telephone notes, etc. an assessment unless requested to do so by parents What if we want our child to be reassessed? ©PACER Center, Inc., 1999 ©PACER Center, Inc., 1999 Procedural Safeguards Notice Procedural safeguards notice must Right to inspect be given upon- and review all educational records initial referral for evaluation child’ in child’s file notification of an IEP meeting reevaluation receipt of request for due highly confidential! process hearing An agency may presume that the parent has Contents of notice: full : authority to inspect and review his or her child’s explanation of specific procedural records unless the agency has been advised safeguards available to parents and the otherwise under applicable State laws State complaint procedures Notice must be in understandable language ©PACER Center, Inc., 1999 ©PACER Center, Inc., 1999 State Complaint A complaint Procedures must include: Statement that a public agency has violated a A complaint is an Time limit of 60 days to A complaint is an requirement of Part B allegation that the law allegation that the law is not being investigate and issue a is not being followed written decision followed Facts on which statement is based Time extension only if exceptional Violation occurred not more circumstances exist than one year from the date a complaint is received, unless a Procedures for longer time is reasonable because: implementing final the violation is continuing, or decision the complainant is seeking compensatory education for a violation that is not more than 3 years old ©PACER Center, Inc., 1999 ©PACER Center, Inc., 1999 7
  8. 8. 2/21/2008 45 days from receipt of request 45 for hearing: A decision is reached voluntary A copy of decision is timely mailed to each party impartial 30 days from receipt of request for review of no cost hearing decision: confidential A decision is reached written agreement A copy of decision is 30 may not deny or delay right to hearing mailed to each party A hearing review officer may ©PACER Center, Inc., 1999 grant time extensions ©PACER Center, Inc., 1999 RESOLUTION SESSION MEETING Parent or public agency may initiate: Parent must provide notice in a request for a hearing : Within 15 days of receiving a parental due E process complaint and prior to the due process IC •Child’s name, address and school N OT hearing •The problem the parent has LEA convenes a meeting with parents and rest •The solution the parent wants of IEP team members LEA attorney may not be present if parent is not Public Agency must provide: accompanied by attorney •Information to parents about availability of mediation •Information on free or low-cost legal services •A model form to assist parents with request 46 ©PACER Center, Inc., 1999 RESOLUTION MEETING continued… continued… Discussion of due process complaint and facts that form the basis of complaint Decision within 45 Meeting does not take place IF : days with no the parents and LEA agree in writing not to have the meeting or… exception or extensions The parents and the LEA agree to use the mediation process Hearing officer must There is a 30 day timeline in which to resolve the due process complaint. If after that time the due process be impartial complaint is not resolved the due process hearing may (no conflict of interest) take place. The 45 day timeline for the due process hearing begins if both parties agree in writing not to hold Decision may be appealed the resolution session or if a mediation agreement is not (using normal appeal procedures) reached or if an agreement to extend mediation is written.47 ©PACER Center, Inc., 1999 8
  9. 9. 2/21/2008 QUESTIONS ? Early Intervention Amendments For children ages birth to three years Lead agency is the Ohio Department of Health THANK YOU Provided in a natural environment Individualized Family Service Plan (IFSP) Service Coordination Transition Conference that includes local school district representative Ohio Coalition for the Education of Children with Disabilities 49 50 Children in early intervention programs must experience a smooth and effective transition to preschool programs By the 3rd birthday of the child, an IEP or IFSP must be in effect Each LEA will participate in transition planning conferences arranged by the lead agency ©PACER Center, Inc., 1999 51 9