1. Special Education: Evaluations, IEPs, Transition
Judith C. Saltzman
Hickman & Lowder Co., LPA
October 18, 2008
Special Needs Alliance
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Sources of Law
Individuals with Disabilities Education Act, 20 U. S. C. §1401 et seq.
Federal Regs: 34 CFR Part 300.
State Law.
State Guidelines.
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Purpose of IDEA
“To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.”
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“Special Education”
Specially designed instruction.
To meet child’s unique needs.
Includes instruction in schools, hospitals, institutions and homes.
At no cost to parents.
20 U.S.C. §1402(29).
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Related Services
Any service required to assist a child with a disability to benefit from special education.
Examples: transportation, speech-language, audiology, psychological services, p.t., o.t., social work, school nurse services, counseling.
20 U.S.C. §1402(26).
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6. Free Appropriate Public Education “FAPE”
Special ed and related service.
At Public expense and supervision.
Meets State standards.
Provided in conformity with an Individualized Education Plan (IEP).
20 U. S. C. §1402(9).
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Age of Eligibility
Third birthday through 22nd birthday.
Pre-school services.
School age services, including transition.
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8. Eligibility Categories §1402(3)
Preschool – categorical or developmental delay;
Mental retardation, hearing impairments, speech or language impairments, visual impairments, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments or specific learning disabilities: and
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Adverse Effect
Adverse impact.
Measure by more than just grades and performance.
Decreased/altered functioning in:
Academic
Social
Behavioral
Vocational
Motor
Communication
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Child Find
School district of residence must find and identify eligible children.
Applies even though they have not failed or been retained and are advancing from grade to grade. 34 CFR and
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11. Multi-Factored Evaluations
Informed parental consent required for initial (a)
School District may file due process if parental consent for an initial is not given.
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Time for Initial MFE
IDEA 2004: 60 days from date of parental consent;
State may have different rule.
Interventions should not delay MFE.
Initial MFE must be done before IEP services provided.
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MFE’s – Cont’d.
Variety of assessment tools.
To gather relevant functional, developmental and academic information about the child.
Including information provided by the parent.
Foundation for IEP.
Ability to access general curriculum.
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MFE’s – Cont’d.
Assess all areas related to suspected disability – health, vision, hearing, social and emotional, intelligence, academic performance, behavior, communicative status and motor abilities (c)(4)
Sufficiently comprehensive to i.d. all needs “whether or not commonly linked to disability.” (c)(6)
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Conclusion of MFE
Eligibility Determination.
Group of “qualified professionals” and the parent
Parental right to participate.
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16. Parents Right to Copy of MFE
IDEA 2004 – Parent right to MFE “upon completion of the administration of assessments and other evaluation measures.”
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Re-evaluation
At least every three years.
Not more than every year.
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18. Independent Ed. Evaluation
Disagree with MFE.
Need not tell school reasons.
Parent selects evaluator.
Schools may impose cost controls that do not interfere with the right of an MFE.
One per MFE, including re-evals.
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19. Individualized Education Programs (IEP)
Written statement, developed reviewed and revised in a meeting of an IEP team;
Vehicle through which FAPE is provided.
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IEPs
Present levels of performance, including functional performance. 20 USC 1414(d)(1)(a); 34 CFR
PLOP should reflect MFE.
Identification of student needs.
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IEPs Cont’d.
Measurable annual goals, both academic and functional.
To be involved in and make progress in general ed curriculum,
Meet other educational needs that result from disability.
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IEPs Cont’d.
Benchmarks required in federal regs only for children who take alternate assessments. (special state rules)
How progress will be measured.
Address behavior that interferes with learning.
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IEPs Cont’d.
Statement of spec. ed, related services, and supplementary aids and services “based on peer-reviewed research to the extent practicable” to
Advance appropriately
Progress in gen ed curric “and to participate in extracurricular and other nonacademic activities . 34 CFR (a)(4)(ii)
Extent of non-participation in reg ed.
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IEPs Cont’d.
Accommodations in testing to measure academic achievement and functional performance.
Date for beginning of services and anticipated frequency, location and duration of services.
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IEPs -- Placement
Process drives placement .
Knable v. Bexley City School District, 238 F. 3d 755 (6th Cir. 2001).
Parent must be a member of the group deciding placement, unless parent refuses to participate ,
Ohio: Parental consent required for change of placement.
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26. Least Restrictive Environment
Placement to be in LRE.
Placement – where child would attend if nondisabled: unless the IEP requires some other arrangement
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Extended School Year
Federal Rule: Each school district must “ensure that extended school year services are available as necessary to provide FAPE,” as determined by the IEP team.
34 CFR
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28. Methodology is On the Table
IDEA mandates use of research based teaching methods.
Ask for research supporting methodology used by school district.
Even if research based, if it doesn’t work for your child, get rid of it.
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29. How Much Educational Benefit Must the IEP Confer?
Original case: Bd. of Educ. V. Rowley, 458 U.S. 176 (1982) – IEP must provide educational benefit but need not maximize student’s potential.
Deal v. Hamilton County Board of Education, 392 F. 2d 840 (2004): “IDEA requires an IEP to confer a ‘meaningful educational benefit’ gauged in relation to the potential of the child at issue.’”
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30. Unilateral Parental Placements
If school district offers an IEP that does not provide FAPE.
Parent can place in appropriate private school and seek tuition later.
Ten days’ notice, or notice at IEP meeting.
Get expert help.
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IEPs -Transition
First IEP to be in effect when turn 16;
Appropriate, measurable postsecondary goals related to training, education, employment, and, where appropriate, independent living skills;
Services to assist in reaching goals.
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32. Transition Services May Include
Instruction (may be specilized instruction, i.e. special education).
Related Services.
Community Experiences (work, job shadowing, volunteering).
Post-School adult living objectives.
Acquisition of daily living skills.
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33. Transition Must Be Based On
Age Appropriate Transition Assessments related to
Training and education
Employment
Independent living Skills, as needed
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34. Source: Ohio Department of Education

35. Source: Ohio Department of Education

36. Source: Ohio Department of Education

37. Source: Ohio Department of Education

38. Transfer of Rights at Age of Majority
20 U.S.C. 1415(m); 34 CFR
State may provide that when a child with a disability reaches age of majority, all rights accorded to parents transfer to child.
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39. Transfer of Rights, Cont’d.
State must establish procedures for appointing the parent to represent educational interests of child if, under state law, “a child who has reached the age of majority, but has not been determined to be incompetent, can be determined not to have the ability to provide informed consent with respect to the child’s educational program.”
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40. Termination of Eligibility
MFE shows child is no longer disabled.
22nd birthday.
Graduation with all IEP goals met, including transition goals.
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Remedies
U. S. DOE Office of Civil Rights.
Discrimination, Harassment.
File within six months.
Ohio Department of Ed complaint.
File within one year.
Ohio Department of Ed – mediation.
Ohio DOE – facilitated IEP meetings.
Ohio Department of Ed – due process.
Two year statute of limitations.
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For More Information . . .
Judith C. Saltzman
Hickman & Lowder Co., LPA
© Hickman & Lowder Co. L.P.A. 2008