DREDF/FCSN "Understanding the Special Education Process" 2/13/10 Education for Students with Disabilities: The Basics

DREDF/FCSN "Understanding the Special Education Process" 2/13/10 Unique alliance of people with disabilities and parents of children with disabilities. National law and policy center dedicated to protecting and advancing disability civil and human rights. VISION: a just world where all people live full and independent lives free of discrimination. Disability rights are civil rights. Information is power! Children with disabilities who have consistent, knowledgeable advocates are most likely to receive appropriate services & supports!

DREDF/FCSN "Understanding the Special Education Process" 2/13/10 DREDF Children & Family Advocacy: Parent Training and Information (PTI) Center for Alameda, Contra Costa & Yolo counties. Foster Youth Resources for Education (FYRE) for Alameda County. Legal advocacy and representation in cases involving systemic abuses. Educate legislators and policy makers on issues (such as IDEA, ADA) affecting the rights of people with disabilities. 3

DREDF/FCSN "Understanding the Special Education Process" 2/13/10 Laws that protect students with disabilities: “504” Section 504 of the Rehabilitation Act of 1973 “IDEA” Individuals with Disabilities Education Act 4

“504” Section 504 of the Rehabilitation Act of 1973 DREDF/FCSN "Understanding the Special Education Process" 2/13/10 “504” Section 504 of the Rehabilitation Act of 1973 5

DREDF/FCSN "Understanding the Special Education Process" 2/13/10 Section 504 Federal Anti-Discrimination Law. Protects ALL PEOPLE with a disability that impairs one or more major life activities (learning is one). Prohibits discrimination in ANY program that receives federal dollars. Provides Accommodations to remove discriminatory barriers. In education, “504 Plan” removes barriers to learning and opportunities. 6

DREDF/FCSN "Understanding the Special Education Process" 2/13/10 Section 504 Leveling the playing field Student is entitled to a Free and Appropriate Public Education (FAPE) from elementary through secondary school. In post-secondary, or on the job, entitled to “reasonable accommodation.” A 504 Plan is designed to accommodate the student’s disability so that his/her needs are met as adequately as the needs of students without disabilities. Strengthened rights in re-auth of Americans with Disabilities Amendment Act (ADAA). 7

DREDF/FCSN "Understanding the Special Education Process" 2/13/10 504 Accommodations INDIVIDUALIZED to create equal access, equal opportunity, and remove discriminatory barriers. For example: Time: More time to complete assignments; Frequent breaks Environment: Quiet setting; Preferred seating; Elevator key Health: Help with glucose testing; Nut-free lunch table Assistive Technology (AT): Computer access; FM system, Pencil grip 8

DREDF/FCSN "Understanding the Special Education Process" 2/13/10 504 & IDEA Relationship ALL students Students eligible for Special Education under IDEA are protected by 504 and IDEA. A Student receiving special education may also need accommodations to prevent discrimination. 504 eligible IDEA eligible 9

“IDEA” Individuals with Disabilities Education Act (Special Education) DREDF/FCSN "Understanding the Special Education Process" 2/13/10 “IDEA” Individuals with Disabilities Education Act (Special Education) 10

DREDF/FCSN "Understanding the Special Education Process" 2/13/10 IDEA A Federal Education Law / 1975 For students who fit at least 1 of 13 categories of disability. Who also need specialized support and instruction to benefit from education. Evaluations demonstrate – student cannot benefit from public schooling without specialized instruction and support. Provides an “IEP”: Individualized Education Program - specialized instruction - supportive related services - Individualized to meet unique needs. 11

DREDF/FCSN "Understanding the Special Education Process" 2/13/10 IDEA Purpose US Congress says: Disability is a natural part of the human experience. Disability in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy. IEP must meet student’s unique needs AND prepare student for further education, employment, and independent living. 12

DREDF/FCSN "Understanding the Special Education Process" 2/13/10 IDEA 6 Core Principles Appropriate Evaluation/Assessment Free & Appropriate Public Education (FAPE) Individualized Education Plan (IEP) Least Restrictive Environment (LRE) Parent (and student as appropriate) participation in the decision-making process Procedural Safeguards (Rights) 13

Cycle of Special Education DREDF/FCSN "Understanding the Special Education Process" 2/13/10 Cycle of Special Education Reason for Concern / Dx Team meets to review IEP annually (Can write to request more often) Request Assessment in writing!!! Implement IEP District provides “Assessment Plan” within 15 calendar days Appropriate Placement determined “Informed consent” Parent may take at least 15 days for questions (if needed) before signing “PLOP”, Goals, Individualized Instruction and Services determined Assessment + IEP Meeting: within 60 days of parent signing Assessment Plan

DREDF/FCSN "Understanding the Special Education Process" 2/13/10 IDEA Assessment Parent (or others) WRITE to request Special Education assessment. DREDF has sample “Request for Assessment” letter. SAFEGUARD: If parent asks verbally for evaluation, district is obligated to help parent put the request in writing. Must comprehensively assess student “in all areas of suspected disability” to determine need for special education. TIP: Always ask for “504 assessment” too in case child does not qualify under IDEA, and to tighten up the timeline. 15

DREDF/FCSN "Understanding the Special Education Process" 2/13/10 IDEA “Child Find” A written request for special education assessment triggers an “affirmative obligation” for school district to assess. District mandated to “find” and “locate” children who are suspected of having disabilities that may require special education. IMPORTANT: A request for special education assessment legally supersedes a Student Study Team (SST) meeting. OSEP memo: District may not “deny or delay” assessment when there is suspected disability and a written request. 16

IDEA Assessment Rights DREDF/FCSN "Understanding the Special Education Process" 2/13/10 IDEA Assessment Rights Parent consent. Assess in child’s language/mode of communication. Variety of tools & strategies must be used. Technically sound instruments. Qualified professionals. Independent (outside) assessments must be considered. Triennial (3 year) assessment, or upon “exit” Right to request assessment when needed. Right to review reports in advance [EdCode 56404]. Reports translated when feasible. Right to disagree with assessment (IEE). 17

DREDF/FCSN "Understanding the Special Education Process" 2/13/10 IDEA Eligibility Birth up to age 22* meets at least 1 of 13 eligibility categories: Autism Deafness / HH Deaf-Blindness Hearing Impairment Mental Retardation Multiple Disabilities Orthopedic Impairment Other Health Impairment Serious Emotional Disturbance Specific Learning Disabilities Speech or Language Impairment Traumatic Brain Injury Visual Impairment / Blindness AND who by reason of their disability needs special education and related services in order to benefit from their education. Determined by the assessments! * or sooner if the student earns a full high school diploma 18

IEP Meeting: Big Questions DREDF/FCSN "Understanding the Special Education Process" 2/13/10 IEP Meeting: Big Questions Where is student now? Present Levels Of Performance (PLOP) Where is student going? GOALS/OBJECTIVES How will student get there? SERVICES & INSTRUCTION How do we know student made expected progress? MEASUREMENT: What objective DATA tells us. How and when will progress be reported? PROGRESS REPORTS =ACCOUNTABILITY 19

IEP: Think of it this way! DREDF/FCSN "Understanding the Special Education Process" 2/13/10 IEP: Think of it this way! Special Education is a SERVICE brought to the student through the IEP in order to CLOSE THE GAP between the student’s Present Level of Performance and the student’s Expected Level of Performance in 1 year. 20

DREDF/FCSN "Understanding the Special Education Process" 2/13/10 IEP Services The Special Education and Related Services the student needs to: Make progress toward individualized annual goals. Make progress in the General Ed curriculum. Participate in non-academic activities. Be educated & participate with ALL children. “Appropriate” program required, not the “best” program. 21

IDEA Services Examples DREDF/FCSN "Understanding the Special Education Process" 2/13/10 IDEA Services Examples Audiology/Interpreter Services Braille Counseling Services Early Identification & Assessment of Disabilities Medical Services (To determine eligibility) School Health Services (for health-related needs) Occupational Therapy Orientation & Mobility Services Parent Counseling & Training Physical Therapy Psychological Services Recreation Rehabilitation Counseling Services Social Work Services in School Speech/Language Pathology Services Transportation Interpreter Services Transition Specialist Vocational Trainer/Counselor And others as needed. “This is not an exhaustive list.” — US Dept. of Education IDEA and IDEA regulations 22

DREDF/FCSN "Understanding the Special Education Process" 2/13/10 IEP “Placement” LAST discussion in IEP Meeting Placement is a “set of services” provided to the student. NOT a PLACE for the student to go! Protect Least Restrictive Environment (LRE). Appropriate placement: set of services and setting in which student has a reasonable expectation of meeting IEP goals and making meaningful educational progress. 23

DREDF/FCSN "Understanding the Special Education Process" 2/13/10 LRE Least Restrictive Environment The IEP must state the extent (%) to which student will or will not learn with and participate in school with students without disabilities AND WHY. Strong presumption in law that students with disabilities learn with non-Disabled peers. Home school. General Ed. Typical classes. 24

DREDF/FCSN "Understanding the Special Education Process" 2/13/10 Parent Consent IEP and 504 Plans are LEGALLY-BINDING documents !!!! Before agreeing to sign: Ask for copies of the IEP and other documents and take them home for careful review. Your signature is as valuable as GOLD!!! 25

DREDF/FCSN "Understanding the Special Education Process" 2/13/10 As the Parent Training & Information (PTI) center for Alameda, Contra Costa and Yolo counties, DREDF provides information and training to parents/guardians of school-age children with disabilities (up to age 26), and professionals who serve these students and their families. Call to ask for an “Education Advocate”! Phone 510.644.2555 Toll Free 800.348.4232 Fax/TTY 510.841.8645 Email iephelp@dredf.org Website www.dredf.org Facebook www.facebook.com/dredf.org 26