1. DREDF/FCSN "Understanding the Special Education Process"
2/13/10
Education for Students with Disabilities:
The Basics

2. DREDF/FCSN "Understanding the Special Education Process"
2/13/10
Unique alliance of people with disabilities and parents of children with disabilities.
National law and policy center dedicated to protecting and advancing disability civil and human rights.
VISION: a just world where all people live full and independent lives free of discrimination.
Disability rights are civil rights.
Information is power! Children with disabilities who have consistent, knowledgeable advocates are most likely to receive appropriate services & supports!

3. DREDF/FCSN "Understanding the Special Education Process"
2/13/10
DREDF Children & Family Advocacy:
Parent Training and Information (PTI) Center for Alameda, Contra Costa & Yolo.
Foster Youth Resources for Education (FYRE) for Alameda County.
Legal advocacy and representation in cases involving systemic abuses.
Educate legislators and policy makers on issues (such as IDEA, ADA) affecting the rights of people with disabilities. 3

4. DREDF/FCSN "Understanding the Special Education Process"
2/13/10
Laws that protect students with disabilities:
“504” Section 504 of the Rehabilitation Act of 1973
“IDEA” Individuals with Disabilities Education Act 4

5. “504” Section 504 of the Rehabilitation Act of 1973
DREDF/FCSN "Understanding the Special Education Process"
2/13/10
“504” Section 504 of the Rehabilitation Act of 1973 5

6. DREDF/FCSN "Understanding the Special Education Process"
2/13/10
Section 504
Federal Anti-Discrimination Law.
Protects ALL PEOPLE with a disability that impairs one or more major life activities (learning is one).
Prohibits discrimination in ANY program that receives federal dollars.
Provides Accommodations to remove discriminatory barriers.
In education, “504 Plan” removes barriers to learning and opportunities. 6

7. DREDF/FCSN "Understanding the Special Education Process"
2/13/10
Section 504
Leveling the playing field
A student is entitled to a Free and Appropriate Public Education (FAPE)
A 504 Plan is designed to reasonably accommodate the student’s condition so that his/her needs are met as adequately as the needs of students without disabilities. 7

8. DREDF/FCSN "Understanding the Special Education Process"
2/13/10
504 Accommodations
INDIVIDUALIZED to create equal access and equal opportunity and remove discriminatory barriers.
For example:.
Time: More time to complete assignments; Frequent breaks
Environment: Quiet setting; Preferred seating, Elevator key
Health: Help with glucose testing; Nut-free lunch table
Assistive Technology (AT): Computer access; FM system, Pencil grip 8

9. DREDF/FCSN "Understanding the Special Education Process"
2/13/10
504 & IDEA Relationship
ALL students
Students eligible for Special Education under IDEA are protected by 504 and IDEA.
A Student receiving special education may also need accommodations to prevent discrimination
504 eligible
IDEA
eligible 9

10. “IDEA” Individuals with Disabilities Education Act (Special Education)
DREDF/FCSN "Understanding the Special Education Process"
2/13/10
“IDEA” Individuals with Disabilities Education Act (Special Education) 10

11. DREDF/FCSN "Understanding the Special Education Process"
2/13/10
IDEA
A Federal Education Law / 1975
For students who fit at least 1 of 13 categories of disability.
Who also need specialized support and instruction to benefit from education.
Provides an “IEP”: Individualized Education Program - specialized instruction - supportive related services - Individualized to meet unique needs. 11

12. DREDF/FCSN "Understanding the Special Education Process"
2/13/10
IDEA Purpose
US Congress says:
Disability is a natural part of the human experience.
Disability in no way diminishes the right of individuals to participate in or contribute to society.
Improving educational results for children with disabilities is an essential element of our national policy.
An education to meet unique needs AND prepare student for further education, employment, and independent living. 12

13. DREDF/FCSN "Understanding the Special Education Process"
2/13/10
IDEA 6 Core Principles
Appropriate Evaluation/Assessment
Free & Appropriate Public Education (FAPE)
Individualized Education Plan (IEP)
Least Restrictive Environment (LRE)
Parent (and student as appropriate) participation in the decision-making process
Procedural Safeguards 13

14. Cycle of Special Education
DREDF/FCSN "Understanding the Special Education Process"
2/13/10
Cycle of Special Education
Reason for Concern / Dx
Team meets to review IEP annually (Can write to request more often)
Request Assessment in writing!!!
Implement IEP
District provides “Assessment Plan” within 15 calendar days
Appropriate Placement determined
“Informed consent” Parent may take at least 15 calendar days for questions (if needed) before signing
“PLOP”, Goals, Individualized Instruction and Services determined
Assessment + IEP Meeting: within 60 days of parent signing Assessment Plan

15. DREDF/FCSN "Understanding the Special Education Process"
2/13/10
IDEA Assessment
Parent (or others) WRITE to request Special Education assessment.
DREDF has sample “Request for Assessment” letter.
SAFEGUARD: If parent asks verbally, district is obligated to help put request in writing.
Comprehensively assess child “in all areas of suspected disability” to determine need for special education.
TIP: Ask for “504 assessment” too in case child does not qualify under IDEA and to tighten up the timeline. 15

16. DREDF/FCSN "Understanding the Special Education Process"
2/13/10
IDEA “Child Find”
A written request for special education assessment triggers an “affirmative obligation” for school district to assess.
District mandated to “find” and “locate” children who are suspected of having disabilities that may require special education.
IMPORTANT: A request for special education assessment legally supersedes a Student Study Team (SST) meeting. 16

17. IDEA Assessment Rights
DREDF/FCSN "Understanding the Special Education Process"
2/13/10
IDEA Assessment Rights
Parent consent.
Assess in child’s language/mode of communication.
Variety of tools & strategies must be used.
Technically sound instruments.
Qualified professionals.
Independent (outside) assessments must be considered.
Triennial (3 year) assessment, or upon “exit”
Right to request assessment when needed.
Right to review reports in advance. (Reports translated when feasible.)
Right to disagree with assessment. 17

18. DREDF/FCSN "Understanding the Special Education Process"
2/13/10
IDEA Eligibility Birth up to age 22* meets at least 1 of 13 eligibility categories:
Autism
Deafness / HH
Deaf-Blindness
Hearing Impairment
Mental Retardation
Multiple Disabilities
Orthopedic Impairment
Other Health Impairment
Serious Emotional Disturbance
Specific Learning Disabilities
Speech or Language Impairment
Traumatic Brain Injury
Visual Impairment / Blindness
AND who by reason of their disability needs special education and related services in order to benefit from their education. Determined by the assessments!
* or sooner if the student earns a full high school diploma 18

19. IEP Meeting: Big Questions
DREDF/FCSN "Understanding the Special Education Process"
2/13/10
IEP Meeting: Big Questions
Where is student now? Present Levels Of Performance (PLOP)
Where is student going? GOALS/OBJECTIVES
How will student get there? SERVICES & INSTRUCTION
How do we know student made expected progress? MEASUREMENT: What objective DATA tells us.
How and when will progress be reported? PROGRESS REPORTS =ACCOUNTABILITY 19

20. IEP: Think of it this way!
DREDF/FCSN "Understanding the Special Education Process"
2/13/10
IEP: Think of it this way!
Special Education is a SERVICE
brought to the student through the IEP
in order to CLOSE THE GAP
between the student’s Present Level of Performance
and the student’s Expected Level of Performance in 1 year. 20

21. DREDF/FCSN "Understanding the Special Education Process"
2/13/10
IEP Services
The Special Education and Related Services the student needs to:
Make progress toward individualized annual goals.
Make progress in the General Ed curriculum.
Participate in non-academic activities.
Be educated & participate with ALL children.
“Appropriate” program provided, not the “best” program. 21

22. IDEA Services Examples
DREDF/FCSN "Understanding the Special Education Process"
2/13/10
IDEA Services Examples
Audiology/Interpreter Services
Braille
Counseling Services
Early Identification & Assessment of Disabilities
Medical Services (To determine eligibility)
School Health Services (for health-related needs)
Occupational Therapy
Orientation & Mobility Services
Parent Counseling & Training
Physical Therapy
Psychological Services
Recreation
Rehabilitation Counseling Services
Social Work Services in School
Speech/Language Pathology Services
Transportation
Interpreter Services
Transition Specialist
Vocational Trainer/Counselor
And others as needed. ”This is not an exhaustive list.”
— US Dept. of Education
IDEA and IDEA regulations 22

23. DREDF/FCSN "Understanding the Special Education Process"
2/13/10
IEP “Placement”
LAST discussion in IEP Meeting
Placement is a “set of services” provided to the student. NOT a PLACE for the student to go!
Protect Least Restrictive Environment (LRE).
Appropriate placement: set of services and setting in which student has a reasonable expectation of meeting IEP goals and making meaningful educational progress. 23

24. DREDF/FCSN "Understanding the Special Education Process"
2/13/10
LRE
Least Restrictive Environment
The IEP must state the extent to which student will or will not learn with and participate in school with students without disabilities AND WHY.
Strong presumption in law that students with disabilities learn with non-Disabled peers.
Home school. General Ed. Typical classes. 24

25. DREDF/FCSN "Understanding the Special Education Process"
2/13/10
IEP Consent
Before agreeing to sign:
Ask for copies of the IEP and other documents
No Requirement to Sign at the Meeting – take them home for careful review.
Document important points stated that are left out of the notes: write and Education Rightsholder Addendum and refer to it when signing. 25

26. Procedural Safeguards26

27. Alternative Dispute Resolution
“ADR”: informal means to resolve disputes
Write an effective letter.
Involve key stakeholders/decision-makers: Superintendent; Director of SpEd; school board member
“Facilitated” IEP
School District or SELPA “Solution Teams” or mediation
Complaint at school district level
Office of Admin Hearings “Mediation-Only” 27

28. IDEA Compliance Complaint
Filed with: California Dept. of Education (CDE) Office of Procedural Safeguards & Referral Services (PSRS)
Parent describes & provides evidence of how school district: - failed to carry out an agreed-to IEP and/or - violated procedural safeguards in IDEA law
File within 1 year of alleged non-compliance.
FYI: Teachers & Staff too may file. There are “whistle-blowing” protections for school district staff in IDEA 2004. 28

29. Prior Written Notice (PWN)
[20 U.S.C. Sec. 1415(b)(3); 34 C.F.R. Sec (b); Cal. Education Code Sec ]
Prior Written Notice (PWN)
When district proposes or refuses to do something that involves the child's identification, assessments, placement, or FAPE. Parent is required to receive PWN. ASK FOR IT!
PWN must include:
(1) Description of action proposed or refused.
(2) Explanation of why school proposes or refuses to take that action.
(3) Each evaluation, procedure, test, report, etc. the school used as a BASIS.
(4) Copy of the parent’s rights to challenge the action or inaction.
(5) Sources of advocacy assistance for parents.
(6) Other options the school considered and why they were rejected.
(7) Other reasons for the school’s action or inaction. 29

30. IDEA Due Process Complaint
Office of Administrative Hearings (OAH) Special Education Division / Fax
Administrative Hearing or “Mediation only” When Parent & School District have disagreements about:
whether student is eligible for special education;
IEE
whether the IEP offered provides Free and Appropriate Public Education (FAPE):type, intensity, frequency or location of services.
Must file within 2 years of alleged complaint 30

31. 504: Civil Rights Discrimination Complaint
Filed with: Office for Civil Rights (OCR) San Francisco is Regional Office / TDD
Complaint alleges: Education institution that receives Federal financial assistance has discriminated against student on the basis of his/her disability: educational opportunity is not commensurate with non-disabled peers (“level playing field”).
File within 6 months of alleged violation. 31

32. Resource Links DREDF: www.dredf.org
DOWNLOAD DREDF Training Materials!!! dredf.org/special_education/trainings.shtml
SPECIAL EDUCATION RIGHTS & PROCESS (CA specific):
“Special Education Rights & Responsibilities”
Special Education Law and issues: 32

33. DREDF/FCSN "Understanding the Special Education Process"
2/13/10
Call to ask for an “Education Advocate” !
Phone
Toll Free
Fax Website
Facebook 33