Stanislaus SELPA Session 1 Special Education 101

Agenda What is Special Education? What are district Child Find responsibilities? What are the Parent’s Rights? What should the school district do when a parent makes a request for special education assessment? How do we know which assessments should be completed? What is the timeline from referral to assessment?

Child Find IDEA (Individuals with Disabilities Education Act) requires all states to develop and implement a practical method of determining which children with disabilities are receiving special education and related services and which children are not. (20 U.S.C. 1412 (a)(3)) Schools are required to locate, identify, and evaluate all children from birth through age 21. This law applies to all children living within the state including children that attend private schools and public schools, highly mobile children, migrant children, homeless children and children that are wards of the state.

This includes all children who are suspected of having a disability, including children who receive passing grades and are “advancing from grade to grade.” (34 CFR 300.111 (c)) The law does not require children to be “labeled” or classified by their disability. (20 U.S.C. 1412 (a)(3)(B); 34 CFR 300.111 (d))

Primary Purpose of IDEA 2004 Ensure that all children with disabilities receive a free appropriate public education (FAPE).

Special Education Specially designed instruction means adapting the content, methodology, or delivery of instruction: to address the unique needs of the student that result from a disability to ensure the student’s access to the general curriculum so that he or she can meet educational standards Special education can include supports and services, including instruction conducted in the classroom, home, hospitals and institutions, jails, and in other settings.

Special Education Rights of Parents and Children Notice of Procedural Safeguards This Notice provides parents with important information on their right to be involved in planning of their student’s education. Procedural safeguards are the specific rules that make sure that the parents are informed regarding what the school district is proposing to do (“receive notice”), agree with the school district’s plan (“give parental consent”) and have a range of opportunities for resolving disagreements with the school district (“due process”). Procedural Safeguards in the law also provide additional protections outlined in this document. Give copy of our Procedural Safeguards packet.

Areas of Disability Visual Impairment Autism Orthopedic impairment Other Health Impairment Specific learning Disability Speech/Language Impairment Traumatic Brain Injury Autism Deaf Deaf/ Blind Emotionally Disturbed Hard of hearing Intellectual Disability Multiple Disability Jigsaw Activity

Initial Assessment Prior to conducting any assessment for special education eligibility, the district must get written consent. The district should propose an assessment plan that would evaluate all suspected areas of disability. Consent to assessment must not be construed as consent for initial provision of special education or related service.

Assessment Plan

Parent Consent The district must make reasonable efforts to obtain the informed consent from the parent for an initial evaluation to determine whether or not a child has a disability. The district may use a surrogate if they cannot discover the whereabouts of the parent or if the parental rights have been terminated in accordance with state law. (Keep that documentation in student file.) If a judge appoints an individual to represent the child, that person can give consent. (Keep that documentation in student file.)

Parental Request for Assessment The district must consider a parent request for an Initial assessment. The district has 15 days to respond to this request by offering an assessment plan or denying the request. The denial must be in writing and is a Prior Written Notice.

Pupil Referral Form Must be completed by a district staff when SST refers for an assessment, when referred from outside agency such as VMRC, or upon parent request. Pupil Referral Form for Special Education Services.

Timeline for an Initial Assessment Service/Obligation Timeline Exception/Notes/Considerations Authority Propose an assessment plan for an initial assessment 15 calendar days from date of referral Tolled for school breaks in access of 5 school days. If referral received 10 days or fewer before end of school year, then due within first 10 days of next school year. Attach procedural safeguards notice to proposed assessment plan EC 56043(a) EC 56321(a) IEP team meeting to review initial assessments 60 calendar days to determine eligibility and areas of need after the receipt of parent consent to assessment plan Student enrolls in another LEA Student not made available by parent Note: Not tolled for school breaks in access of 5 school days. EC 56043(f)(2) EC 56344 (a) Taken from : Special Education Timelines In California By: Fagen, Friedman & Fulfrost

Questions?

Today we… Learned about Child Find Learned about Procedural Safeguards Learned about the Referral and Assessment Process for Initial IEP’s