1. The ABC’s of Special Education: IDEA, FAPE, FBA, BIP and YOU
Ellen Stoltz, Ph.D.
Senior Director
Special Education Services

2. Overview: Setting the Scene
Welcome, Introductions, and Teacher Recognition
Updates: SEAS, Transition, 2550
Purpose, Process, Pay-off, Embedded Metacognitive and Comprehension Strategies
Why We Do What We Do
Table Talk…IDEA…FAPE…
5. How are We Doing?
SEDAC Data
BREAK
New FBA and BIP: Mini-Workshop
Q and A

3. THREE Ps
PURPOSE: To develop shared understanding of our mandated responsibilities in special education
PROCESS: Power Point presentation, table talk, mini-lesson workshop, Q and A
PAY-OFF: Provide appropriate services to students with disabilities through systemwide adherence to IDEA and FAPE

4. TABLE TALK: Assessing Prior Knowledge
What is the Role of the Special Education Teacher?
What is the Role of the School Psychologist?

5. CHILD FIND
IDEA
School districts have an affirmative duty to locate and identify children in need of special education services. 20 U.S.C.
§ 1412(3)(A).
Includes the duty to locate children who do not attend public schools.

6. Federal Authorities CHILD FIND
Individuals With Disabilities Education Act (IDEA), 20 U.S. C. § 1400 et al. Regulations are located at 34 C.F.R. Part 300 and 303.
Connecticut and other states that elect to receive funds under Part B of the IDEA must provide a “free appropriate public education” to eligible children with disabilities between the ages of 3 and 21 in accordance with the federal IDEA statutes and regulations. It further provides for early intervention services for infants and toddlers

7. CHILD FIND
Who is eligible for special education services under the IDEA?
A child with a disability (ages 3 to 21) who has a physical, mental or emotional impairment and who, by reason thereof, needs special education and related services. 20 U.S.C. § 1401(3).

8. CHILD FIND
A child aged 3 through 9, at the discretion of the State (age 6 in CT) and local education agency, who is experiencing developmental delays, as defined by the State, in the areas of physical, cognitive, communication, social, emotional or adaptive development and who, by reason thereof, needs specially designed instruction and related services.
20 U.S.C. § 1401(3).

9. CHILD FIND
Specifically includes: a child who has an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, other health impairment, specific learning disability, deaf-blindness, or multiple disability, who, by reason thereof, needs special education and related services.

10. CHILD FIND: Secondary Level
In Connecticut, a child is eligible for special education services through the end of the year in which the child turns 21. Because the school year is defined as commencing on July 1, a student who turns 21 on July 1 or later is eligible for services through the entire school year.

11. CHILD FIND: Secondary Level
Connecticut also defines a student who is pregnant as being eligible for special education and related services. Ct. St. Reg. §10-76d-2(l)

12. CHILD FIND: Elementary and Secondary
Ct. St. Reg d-7 mandates…
prompt referral to a PPT of all children who have been suspended repeatedly or whose behavior, attendance or progress in school is considered unsatisfactory or at a marginal level of acceptance.

13. 13 Primary Disabilities (Brain Break)
ID= Intellectual Disability
HI= Hearing Impairment
LSH=
Speech and Language
VI=
Visual Impairment
ED=
Emotional Disturbance
OHI=
Other Health Impaired
SLD=
Specific Learning Disability
OI=
Orthopedic Impairment
Deaf-Blind
MD= Multiple Disabilities
AUT=
Autism Spectrum Disorder
TBI=
Traumatic Brain Injury
DD=
Develop-mental Delay

14. Incidence in Hartford: 3,658 (2008-09)

15. CHILD FIND: Text to Self Connection
Special Education Teacher
School Psychologist

16. EVALUATION
Informed parental consent must be obtained prior to conducting an initial evaluation or re-evaluation. 20 U.S.C. § 1414(a)(1)(D); 20 U.S.C. § 1414(c)(3); 34 C.F.R. §
Informed consent for a re-evaluation may not need to be provided if the local educational agency can show that it took reasonable measures to obtain consent and the parents failed to respond. 20 U.S.C. § 1414(c)(3).
Who may request an evaluation?
Parent or school personnel
Under state law, referrals for special education may also be made by a physician, clinic or social worker.
Ct. St. Reg d-7.

17. EVALUATION Timeline for initial evaluation
IDEA provides 60 calendar days of receiving parental consent for the evaluation 34 C.F.R. § (c)
Timeline does not apply if parent repeatedly fails or refuses to produce the child
State law provides that evaluation and program implementation must be conducted within 45 school days of the referral or notice. Ct. St. Reg d-13.

18. Parent’s refusal to permit evaluation
For initial consent for evaluation only, the District has a right to request due process to pursue the initial evaluation. 34 C.F.R. § (a)(3)(i). The District is not considered to have violated child find if it does not pursue due process.

19. EVALUATION Reevaluation 34 C.F.R. §300.303
May occur whenever parent or school requests it
Unless both sides agree, may not be required to evaluate more than one time in a year
Under the IDEA, re-evaluations must be conducted whenever conditions warrant it, but no less than once every three years, unless both sides agree it is not necessary. 34 C.F.R. § (b)(2).

20. EVALUATION Independent Educational Evaluations
Parents have a right to obtain an independent educational evaluation at public expense if they disagree with an evaluation done by the school.
The school may initiate a due process hearing to show the school's evaluation is appropriate.
If the school evaluation is found to be appropriate, the parents may still present the private evaluation, but at their own expense.

21. Timely Evaluations: Indicator 11 Range of Days: 60-146
SEDAC Report: How are we doing on our mandated EVALUATION responsibilities?
Timely Evaluations: Indicator 11
Range of Days:
Rating: Does Not Meet Requirements
We are designing a plan using the Special Education Task Force Recommendations as a blue print.

22. EVALUATION: Text to Self Connection
Special Education Teacher
School Psychologist

23. PPT
Parental notification of PPT meeting must be made at least 5 days prior to the meeting
The District must notify parents five days before proposing to, or refusing to, initiate or change the child’s identification, evaluation or placement.
Ct. St. Reg d-8.

24. Composition of the IEP Team: 20 U.S.C.
PPT
Composition of the IEP Team: 20 U.S.C.
§ 1414(d)(B); 34 C.F.R. §
The parents of the child;
At least one current regular education teacher of the child;
If the child is or may be participating in the regular education environment.
If the student does not have a regular education teacher, the team should include a regular education teacher with whom the child is likely to be placed for any portion of the day.

25. PPT At least one special education teacher;
A representative of the local educational agency who:
Is qualified to provide, or supervise, the provision of special education;
Is knowledgeable about the availability of school resources.
An individual who can interpret the evaluation results, i.e. psychologist
Any person with knowledge or special expertise about the child invited by the parent or the school;
The student, when appropriate; and

26. PPT
With parental consent, the District must invite a representative of any participating agency that is likely to be responsible for providing or paying for transitional services.
Members of the IEP team may be excused if the parent and district agree in writing.
Connecticut law requires that the PPT team consist of representatives of the teaching, administrative and pupil personnel staff. Ct. St. Reg. §10-76a-1(p).

27. Determination of eligibility
The District has an obligation to explore every area of suspected disability.
A variety of assessment tools must be used to gather information, including information from the parents. 34 C.F.R. §§ ,
No single test or procedure should be used as the sole criterion to determine whether the child has a disability.

28. The team must determine:
ELIGIBILITY
The team must determine:
if the child has a disability or continues to have a disability;
present levels of performance;
present educational needs of the child;
if the child needs or continues to need special education and related services;
modifications needed to participate in and benefit from the general education curriculum

29. ELIGIBILITY
Parental notification of PPT meeting must be made at least 5 days prior to the meeting
The District must notify parents five days before proposing to, or refusing to, initiate or change the child’s identification, evaluation or placement.
Ct. St. Reg d-8.

30. Developing the IEP 20 U.S.C. § 1414(d)(A), 34 C.F.R. §300.320.
A statement of the child’s present levels of education and a statement of how the child’s disability affects his/her involvement and progress in the general curriculum.
A statement of measurable annual goals;

31. Developing the IEP
A statement of specially-designed instruction and related services and supplementary aids and services to be provided to the child and a statement of program modifications or supports for school personnel that is designed to enable the child to:
advance appropriately toward attaining the annual goals;
enable the child to be involved in and progress in the general curriculum;
enable the child to participate in extracurricular and other nonacademic activities.
Related services including the frequency, duration, and grouping (individual or group) of those services.

32. Developing the IEP Modifications that will be provided for the child.
An explanation of the extent, if any, to which the child will not participate with non-disabled children in the regular classroom.
Modifications needed in the administration of State or district-wide assessments of achievement.
Transition services beginning not later than the first IEP in effect when the child turns 16
How the child’s progress will be measured and how this will be communicated to the parents.

33. Developing the IEP
It is very important that all people working with the child have access to the IEP and are knowledgeable about what is in it.
Includes general education teacher, special education teacher, related service providers, any other service provider who is responsible for the implementation of the IEP.

34. EDC Audit: How are we doing on our mandated IEP responsibilities?
“In 2007, in 80% of the cases, goals and objectives did relate to the needs and concerns stated on
pages 4-5 of the IEP; the percentage was 89% in 2008 and 91% this year. Fewer incompletes
were found this year (5%) than last (9%).”

35. EDC Audit: How are we doing on our mandated IEP responsibilities?
“EDC reviewers found that the adequate reporting of student progress has varied dramatically
over the last three years with reporting up to date for 67% of students in Phase 2, only 32% of
students in Phase 3 and 64% in Phase 4.”

36. EDC Audit: How are we doing on our mandated IEP responsibilities?
Phase 2 indicated that progress was “satisfactory” or better for 75% of the sample students.
Phase 3, the figure “satisfactory” or better progress had dropped to 34% and reviewers could not make a determination (from the IEP) about student progress in more than half the cases (far more than the 14% that were incomplete or not available in Phase 2).
Phase 4 progress was “satisfactory or better” for 52% of the students and the reviewers found that in 33% of the IEPs the information was incomplete or a determination could not be made.

37. EDC Audit: How are we doing on our mandated IEP responsibilities?
While the percentage of provider absences dropped from 26% to 4% from the spring of 2007 to the spring of 2008, provider absence in the spring of 2009 had again risen to the 26% seen in the spring of 2007.
Please make up hours not provided…

38. EDC Audit: How are we doing on our mandated IEP responsibilities?
Phase 2: 14% of students had a behavior plan and all the plans were implemented.
Phase 3: 19% of students had behavior plans and 78% were implemented.
Phase 4: 95% of behavior plans were implemented.

39. EDC Audit: How are we doing on our mandated IEP responsibilities?
Phase 3: 71% of the interviews the interviewee brought at least
some of the requested documentation to the interview.
Reviewers described the interviewee’s paperwork as organized, detailed, and up to date with respect to 90% of the students.
Phase 4: 94% of the interviews the interviewee brought at least some of the requested documentation to the interview.
Reviewers described the interviewee’s paperwork as organized, detailed, and up to date with respect to 88% of the students.

40. EVALUATION: Text to Self Connection
Special Education Teacher
School Psychologist

41. What is a Free Appropriate Public Education (FAPE)? “free”
At public expense.
May, with parents’ consent, use public or private insurance to pay for some or all of the services provided.
“appropriate”
No clear cut definition.
This is what most due process hearings are about.

42. FAPE
A procedural violation is enough for a hearing officer to find that the district did not provide FAPE. The hearing officer may find this if the procedural violation:
impedes the right of the child to FAPE,
significantly impedes the parent’s right to participating in the IEP team process, or
causes a deprivation of educational benefit. 20 U.S.C. §1415(f)(3)(E).
one Connecticut Court found that the district denied the child FAPE when it failed to ensure the parent’s attendance at the PPT meeting to plan for the upcoming school year. Mr. and Mrs. M. v. Ridgefield Board of Education (D. Conn. 2007).

43. FAPE
A student's failure to make progress does not mean the IEP was inappropriate at the time it was drafted.
Failure to revise an IEP when a student is not making progress is a violation of FAPE
The availability of a better or optimal program also does not make the IEP inappropriate.

44. FAPE: How did Hartford Fare?
State Complaints: FAPE denied due to:
Failure to evaluate in a timely fashion
Failure to identify services for students who are pregnant
Failure to write and implement an IEP within the annual timeline
Failure to provide parent with IEP within 5 school days
Failure to provide equitable services for students with a disability
SEDAC: FAPE at Three: 100%

45. The importance about access is knowing that if we can create environments and instruction available for students with disabilities then ALL students can benefit. For example, if we clear the ramp, then everyone has access, as opposed to clearing the stairs only creates access for some.
SERC 45 45

46. Brain Break
Let’s Take a 10-minute Break

47. Responsibilities Recap: Text to Self
Special Education Teacher
School Psychologist

48. What is the purpose of conducting a functional behavior assessment?
Functional Behavior Assessment (FBA) and Behavior Intervention Plan (BIP)
Table Talk:
What is the purpose of conducting a functional behavior assessment?
Table Talk:
What is the purpose of the Behavior Intervention Plan?

49. A__________________________ B__________________________
Functional Behavior Assessment (FBA) and Behavior Intervention Plan (BIP)
The ABC’s…
A__________________________
B__________________________
C__________________________

50. FBA and BIP
Who?
What?
When?
Where?
Why?
Replacement Behaviors: Redirect, Reinforce
Monitoring with Data

51. FBA and BIP
Let’s Take a Look…
Small-Group Activity
Present Completed FBA and BIP
Q and A