1. The Individuals with Disabilities Education Act
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2. Six Principles of IDEA Zero Reject Free Appropriate Public Education
Protection in Evaluation
Least Restrictive Environment
Procedural Safeguards
Parental Participation
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3. Six Principles of IDEA Principle of IDEA Requirement Zero Reject
Locate, identify, & provide services to all eligible students with disabilities
Protection in Evaluation
Conduct an assessment to determine if a student has an IDEA related disability and if he/she needs special education services
Free Appropriate Public Education
Develop and deliver an individualized education program of special education services that confers meaningful educational benefit.
Least Restrictive Environment
Educate students with disabilities with nondisabled students to the maximum extent appropriate.
Procedural Safeguards
Comply with the procedural requirements of the IDEA.
Parental Participation
Collaborate with parents in the development and delivery of their child’s special education program.
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4. Principle 1: Zero Reject
Locate, identify, & serve all students with disabilities aged 3 – 21
Child find obligations
Two criteria for eligibility
A student must be determined to have a disability that is covered by the IDEA
Because of the disability, the student needs special education and related services
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5. Categories of Disability
Autism (added in 1990)
Deaf-Blind
Deafness
Hearing Impairment
Mental Retardation
Multiple Disabilities
Orthopedic Impairments
Other Health Impaired
Emotional Disturbance
Specific Learning Disability
Speech and Language Impaired
Traumatic Brain Injury (added in 1990)
Visual Impairment including Blindness
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6. Principle 2: Protection in Evaluation
LEAs shall conduct a full and individual evaluation before the initial provision of special education and related services to a child with a disability U.S.C. 1414(a)(1)
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7. Evaluation Materials Test and evaluation materials
Must not be discriminatory
Must be given in the child’s native language or mode of communication
Technically sound instruments must be used to assess
Cognitive and behavioral factors
Physical and developmental factors
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8. Evaluation Procedures
A student must be assessed in all areas related to the suspected disability
The school is required to use a variety of assessment tools and strategies to collect functional and developmental information that may assist in determining:
Whether a student has a disability
The educational needs of a student
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9. Interpreting Evaluation Data
Draw on information from a variety of sources
Decisions must be documented and carefully considered
Decisions must be made by a team (usually IEP team)
Placement decisions must be accordance with LRE requirements
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10. Independent Educational Evaluations (IEE)
Provide parents with information on where to obtain an IEE
Right to one IEE at public expense
If LEA evaluation is appropriate, the parents are entitled to an IEE, but not at public expense
Results of the IEE must be considered
IEE results may be presented at a hearing
A hearing officer may request an IEE
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11. Special Rules for Determining Eligibility in IDEA 2004
A child will not be determined to be a child with a disability if the basis of the child’s problem is lack of scientifically based instruction in reading, lack of appropriate teaching in math, or LEP
Scientifically based reading instruction addresses the essential components of reading as listed by the National Reading Panel
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12. Special Rule for Determining Eligibility for Learning Disabilities (IDEA 2004)
When determining whether a child has a learning disability, an LEA shall not be required to take into consideration a discrepancy between ability and achievement
An LEA may use a process that determines if the child responds to scientific, research-based instruction
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13. The Referral and Assessment Process
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14. Referral Process
Multidisciplinary team (MDT) receives a student referral
MDT decides if sped assessment is needed
MDT seeks parental permission to assess
MDT receives informed consent
MDT conducts assessment
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15. Assessment Process MDT team conducts evaluation
Does the child have an IDEA disability
Does the child need special education
Appoints IEP team
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16. Principle 3: Free Appropriate Public Education (FAPE)
Special education and related services
Provided at public expense
Meet state educational agency standards
Provided in conformity with the Individualized Education Program (IEP)
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17. Special Education
Specially designed instruction to meet the unique needs of a student with a disability
Instruction in the classroom, home, hospital, or other settings
Includes academic skills, physical and motor skills, language skills, vocational skills, and functional skills
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18. Free Education
Educational services must be provided at no charge to parents
Applies only to special education and related services
Doesn’t include incidental fees such as field trip expenses
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19. Appropriate Education
What is appropriate must be decided on a case by case basis
Must meet state standards
Provided in conformity with IEP
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20. Public Education Meets state standards
Includes children placed in private facilities by the school district
If children are placed in private facilities the school must make a FAPE available
If FAPE is available and appropriate, schools do not have to pay
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21. Related Services
Services that may be required to assist a child with a disability to benefit from special education
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22. Nonexhaustive List of Specific Related Services
Assistive Technology
Counseling and Psychological Services
Residential Placement
Social Work Services
Parent Counseling and Training
Speech Therapy
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23. Nonexhaustive List of specific Related Services
Transportation
Physical and Occupational Therapy
Interpreters
School Health Services (including complex health services if needed)
X Surgically implanted medical devices (e.g., Cochlear Implants)
X Medical Services
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24. Assistive Technology (AT)
If AT is required, a person qualified to conduct AT assessments should be on the IEP team
Requirement may include home use of the AT device
Examples of AT devices
Computer access
Environmental control
Augmentative communication
Mobility equipment
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25. The Individualized Education Program
A statement of a student’s special education and related services
The IEP must be in effect by the beginning of the school year
LEAs are responsible for developing, implementing, and revising
The IEP is developed in an IEP meeting in which :
The assessment results are discussed
A student’s educational program is developed
A student’s placement is determined
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26. Participants in the IEP Process
Parents
A representative of agency
General education teacher
Special education teacher
Person knowledgeable about evaluation
Others at request of IEP participants
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27. The IEP Process Review the Assessment Develop the Educational Program
-Develop the PLAAFP statement-
Develop the Educational Program
-Develop Measurable Annual Goals-
-Develop Special Education Services-
-Determine Progress Monitoring System-
-Determine Student Placement-
Monitor Student Progress
-Communicate the student’s progress to his/her parents-
-Make changes if needed-
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28. Content of the IEP
Present levels of academic achievement & functional performance
Measurable annual goals, including academic & functional goals
A description of how the student’s progress toward meeting the goals will be measured and when reports will be issued to parents (concurrent with report cards).
A statement of special education and related services based on peer-reviewed research to be provided to the student. This includes:
Supplementary aids & services
Program modifications
Supports for school personnel
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29. Content of the IEP (continued)
An explanation of the extent, if any, to which the student will not participate with nondisabled students in the general education classroom
A statement of any individual accommodations that are needed to measure the student’s achievement on statewide assessments or if the student is taking an alternate assessment the IEP must explain why this option was chosen
The projected date for the beginning, frequency, location, and duration of services
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30. For some students, the IEP should include…
Beginning not later than the first IEP in effect when the students is 16 and updated annually
Appropriate measurable postsecondary goals
Transition services
Student’s rights when he/she reaches the age of majority
If the student’s behavior impedes his/her learning or the learning of others, positive behavioral interventions & supports
Assistive technology services
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31. Principle 4: Least Restrictive Environment (LRE)
To the maximum extent appropriate children with disabilities are to be educated with children who are not disabled
Removal may only occur when education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily
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32. Continuum of Alternate Placements
Regular Classroom
Self-Contained Classroom
Special Schools
Hospital/Institution
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33. LRE Themes Appropriateness Individualization Options
LRE is not intended to replace appropriateness
Individualization
One size does not fit all
Options
Entire continuum of placements must be available
Integration/Inclusion Bias
We must start with the notion of integration
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34. Inappropriate Considerations
Placement according to category or severity
Placement where services are traditionally provided
Citing disruption w/o evidence of behavior management attempts
Cost, unless excessive
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35. If no, move through the continuum to determine LRE
Determining LRE
Determine FAPE
Goals and Objectives
What is appropriate?
Determine Placement
Can FAPE be achieved in general ed. with supplementary aids and services?
If no, move through the continuum to determine LRE
Provide Integrated Experiences
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36. Principle 5: Procedural Safeguards
Notice and consent requirements
Surrogate parents
Opportunity to examine records
Independent educational evaluation
Discipline
Mediation
Resolution session
Impartial due process hearing
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37. Procedural Safeguards Notice
A procedural safeguard notice may be given only once a year except at:
Initial referral
Parental request for evaluation
Initial filing of a due process hearing
At the request of the parent
School districts may post procedural safeguard notice on their Web sites
The procedural safeguards notice must include: (a) timeframes for filing due process hearing requests (b) the opportunity for resolution process (c) information on mediation, and (d) timeframes for lawsuits
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38. Mediation
States must offer mediation as a voluntary option to parents and educators for resolving disputes
The mediator must be:
Trained or qualified to conduct mediation sessions
Knowledgeable about special education law
Impartial
If mediation is unsuccessful, either party may request a due process hearing
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39. Written Settlement Agreement
If resolution is reached to resolve the complaint at a resolution session, the parties execute a legally binding agreement (written settlement agreement) that is:
Signed by both the parents and a representative of the agency
Enforceable in any state court of competent jurisdiction
If parties execute a written settlement agreement, a party may void the agreement within three business days of the agreement
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40. Due Process Hearing Parent or school may initiate a hearing
Hearings may involve issues regarding identification, evaluation, or placement
The hearing must be conducted by the LEA
The hearing officer must be impartial
Following exhaustion of administrative remedies either party may appeal the decision to state or federal court
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41. Attorneys Fees
Public agencies may recover their attorneys’ fees from parents’ attorneys if their case was:
Frivolous
Unreasonable
Without foundation
Public agencies may recover attorneys’ fees against the parents’ attorney or the parents if the case was presented for any improper purpose such as to:
Harass
Cause unnecessary delay
To needlessly increase the cost of litigation
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42. Principle 6: Parental Participation
Parental Notification and Consent
Purpose: To provide parents with sufficient information, in a timely manner, so that they may fully participate in educational decisions
Written notice and consent
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43. Parental Notification Requirements
Parents must be notified a reasonable amount of time before the school:
Initiates or changes identification, evaluation, or educational placement or the provision of a free appropriate public education
Refuses same
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44. Parental Consent Requirements
Consent must be obtained before:
Beginning or changing student’s identification as IDEA-eligible
Conducting a preplacement evaluation
Initial placement or change of placement
Conducting a reevaluation
Consent is voluntary and may be revoked at any time
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45. Parent Participation in Meetings
Schools districts must provide notice, thereby ensuring that parents have the opportunity to participate in meetings that address:
Evaluation
Educational program and placement (The IEP Team)
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46. The Special Education Process
Programming
Evaluation
Develop the IEP*
Deliver services
Monitor progress*
Reevaluation
Assessment
Determine Eligibility*
Determine Programming
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