Special Education Explained Michell Huber Huber Learning Advocates www.texaslearningadvocacy.com Copyright 2017 Huber Learning Advocates, LLC. v1.0 10/26/2017

Today, we’ll cover Introduction How you can be an effective advocate Definition of the laws that address special education 504 Services Individual Education Plans How to request services Tips for IEP Meetings Where to get help Copyright 2017 Huber Learning Advocates, LLC. v1.0 10/26/2017

Let’s jump in! Copyright 2017 Huber Learning Advocates, LLC. v1.0 10/26/2017

The facts You are the expert when it comes to your child No one will want what’s best for your child more than you do School districts answer to school boards who don’t know your child Services are expensive, so districts may try to limit the amount of services they offer Schools are not required to give the “best” education; just an “appropriate” one Copyright 2017 Huber Learning Advocates, LLC. v1.0 10/26/2017

How can you be an effective advocate? You will need to be organized It’s important to pay attention to details Research, research, research Be persistent Communicate clearly with facts, in writing Seek out a North Star – create the vision you have for your child as an adult Look for adults with your child’s disability who can serve as role models Possibilities exist for your child; you are there to block and tackle Don’t be afraid to ask for help The good news is that there is help all around you; you just need to know where to look Copyright 2017 Huber Learning Advocates, LLC. v1.0 10/26/2017

The law and special education There are three federal laws that pertain to special education in schools. Section 504 of the Rehabilitation Act – prohibits discrimination against disabilities in schools and public funded colleges Individuals with Disabilities Education Act (IDEA) 2004 – provides additional accountability and protections for individuals with disabilities in schools Americans with Disabilities Act (ADA) – provides physical access to public buildings Each state may have additional protections IDEA covers children from birth to 21, while 504 and ADA exist regardless of age Copyright 2017 Huber Learning Advocates, LLC. v1.0 10/26/2017

There are two main mechanisms that schools use to deliver special education services A 504 Plan, governed by Section 504 of the Rehabilitation Act Prevents discrimination against a student whose disability substantially limits at least one major life activity. Major life activities are: “walking, seeing, hearing, speaking, breathing, learning, reading, writing, performing math calculations, working, caring for oneself, and performing manual tasks.”1 An Individual Education Plan (IEP), governed by IDEA 2014 Ensures a free and appropriate education for children with: “intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and who, by reason thereof needs special education and related services.”3 Copyright 2017 Huber Learning Advocates, LLC. v1.0 10/26/2017

How do I get services for my child? 504 Plan IEP What evidence do I need? An outside professional’s assessment. Evidence that the child is not able to learn in the current environment, grades, teacher’s notes, observation, etc. A doctor’s diagnosis, if you have one. You can also submit an independent assessment, at your cost, if you wish. Additional grades, notes, etc. What do I ask for? A 504 accommodation An IEP evaluation in all areas of suspected disability How do I submit a request? In writing, describe your child’s disability, with any evidence you may have. In writing, describe your child’s disability with any evidence you may have. What happens next? A 504 team, which includes the teacher(s), counselor, administrator, will review the information you have provided, along with any other data they may have on your child’s performance. The special education team (psychologist, special ed teacher, general ed teacher, administrator, at a minimum) will review your evidence and schedule an IEP meeting within 15 days to discuss evaluations and get your consent. Your child must receive an evaluation within 45 days of your request. Copyright 2017 Huber Learning Advocates, LLC. v1.0 10/26/2017

How do I get services for my child? 504 Plan IEP Then what? The school will review your documentation and confirm that your child is eligible for accommodation, or request additional information. Your child will undergo a battery of tests conducted by qualified staff members to determine eligibility. And??? If your child is eligible, you will meet the 504 team to develop a plan for accommodation. If your child is eligible, you will meet with an IEP team to construct the IEP. What if my child is ineligible? You may submit further evidence and request reconsideration. You may request additional testing at the school’s cost (IEE), or have your child tested independently and request to have those results reviewed by the school. Copyright 2017 Huber Learning Advocates, LLC. v1.0 10/26/2017

Eligibility timeline for IEP An ARD must take place within 30 days of eligibility. Eligibility timeline for IEP Yes Is the child eligible? School must commence all assessments related to disability within 45 days of consent. Once assessments are complete, school should meet to discuss results. You should get results at least 3 days prior to the meeting. Consent given for eval No Parents may request an IEE at school’s expense. Copyright 2017 Huber Learning Advocates, LLC. v1.0 10/26/2017

What evaluations can be completed? Cognitive Academic Achievement Adaptive Skills Behavior Rating Scales Specific Single-Subject Tests (reading, math) Speech and Language Tests Neuropsychological tests Occupational Therapy/Physical Therapy Vision and Orientation Emotional Copyright 2017 Huber Learning Advocates, LLC. v1.0 10/26/2017

Copyright 2017 Huber Learning Advocates, LLC. v1.0 10/26/2017

Copyright 2017 Huber Learning Advocates, LLC. v1.0 10/26/2017

Important IDEA terms ARD Committee – Admission, Review, Dismissal; same as an IEP team FIE – Full Individual Evaluation IEE – Independent Educational Evaluation A free and appropriate public education means services that are: Provided at public expense and supervised by public resources Meet the standards of state educational agencies Include preschool, elementary school, and secondary school Include an individualized education program (IEP) Related Services include: Transportation Developmental, corrective, and other supportive services Therapies, counseling, rehab, medical services, social work, applied behavior analysis etc. Copyright 2017 Huber Learning Advocates, LLC. v1.0 10/26/2017

Top 11 Tips for ARD/IEP Meetings Get all evaluations, goals suggestions, data, progress, work products ahead of the meeting. Prepare! Review everything and create an agenda. You are allowed to bring a friend, family member, or advocate to meetings. You are the quarterback of this team. You will have the most valuable insights on your child. Make sure you read the Procedural Safeguards in your native language to know your rights. Record your ARDs. Remember evaluations drive goals, which determine services, accommodations and placement. Goals must be SMART!! Specific, Measurable, Attainable, Relevant, Timebound. Make sure you understand how they will be implemented and what success looks like. Do not agree to the ARD or waive the 5 day rule until you have received the full document and have reviewed EVERYTHING, including the deliberation notes. If you disagree, send an email to the ARD committee with the reasons why you disagree. The ARD committee must reconvene within 10 days to remedy the disagreement. You can call an ARD anytime. Copyright 2017 Huber Learning Advocates, LLC. v1.0 10/26/2017

Dispelling the myth about IEP Placement Many people believe that children on an IEP must be in a contained special education classroom; therefore a 504 is better, since a child can remain “mainstreamed” in a regular education classroom. This myth is untrue. Special education is not a placement, but a service that can be received in both regular classrooms, as well as in contained classrooms. Children on an IEP are placed in a “least restrictive environment” that works best for their learning. This may be a regular classroom with an instructional aid for some courses, or a contained classroom with a smaller class size for those who may have higher needs. Additionally, students on a 504 plan may participate in some of the same “Special Education” instruction as a child with an IEP, such as small group reading, etc. Copyright 2017 Huber Learning Advocates, LLC. v1.0 10/26/2017

What do I do when something isn’t working? Put it in writing. Be polite, firm, and provide specific examples that bring you to your concern. Start with your child’s teacher and work your way up the chain if you don’t get anywhere. Always get a reply in writing, or if you meet with the school, send an email summarizing the conversation completely and any decisions made. Keep in mind that everything you write will be looked at by others who may not know you or your child. Be clear, concise, and courteous. This will help you immensely if you need to seek mediation or due process, which will involve third parties. Copyright 2017 Huber Learning Advocates, LLC. v1.0 10/26/2017

Where do I get help? Disability Rights Texas Parent2Parent Wright’s Law www.wrightslaw.com (Emotions to Advocacy) Texas Region 13 Path Project Parent Training Center (http://prntexas.org/texas-ptis/path-project/) Local support groups related to your child’s disability Advocates who can assist you in meetings, being an extra ear, playing the “heavy”, documenting the meeting for you, helping you organize your observations, thoughts, and paperwork. An attorney who specializes in special education civil rights. You can find advocates and attorneys well versed in special education at www.COPAA.org. Copyright 2017 Huber Learning Advocates, LLC. v1.0 10/26/2017

In summary… You’ve got this!!!! You will be your child’s best advocate, but if you need help, it’s readily available. Organization, attention to detail, and persistence are key; this is a marathon, not a sprint! While educators may generally want what’s best for your child, they are governed by school boards and budgets, so there will be gatekeepers that you must negotiate with. Know your rights! Breathe, and take good care of yourself! You’ve got this!!!! Copyright 2017 Huber Learning Advocates, LLC. v1.0 10/26/2017

Questions? Copyright 2017 Huber Learning Advocates, LLC. v1.0 10/26/2017