1. Special Education Services and Least Restrictive Environment Dr. Christine Winiarski Megan Marie Van Fossan M.A., M.Ed.

2. Overview What is Special Education? What is Special Education? PA Special Education Regulations PA Special Education Regulations Overview of Least Restrictive Environment Overview of Least Restrictive Environment What does it mean for students in: What does it mean for students in: Juvenile Justice Facilities Juvenile Justice Facilities Residential Treatment Residential Treatment Shelter Programs Shelter Programs Therapeutic Foster Care Therapeutic Foster Care

3. Making the Right Educational Decisions for Students with Disabilities What is the role of the facility or provider? What is the role of the facility or provider? Why is this important? Why is this important? The goal and purpose of special education The goal and purpose of special education Minimizing impact of disability Minimizing impact of disability Maximizing opportunities to participate Maximizing opportunities to participate Interventions & access- most important decisions of IEP Interventions & access- most important decisions of IEP

4. History 1972-PARC Consent Decree Challenged the education of mentally retarded students in PA 1972-PARC Consent Decree Challenged the education of mentally retarded students in PA Agreement to provide educational services to all children Agreement to provide educational services to all children Has to be free, appropriate public education Has to be free, appropriate public education No definition for what that means No definition for what that means

5. History 1975 – Public Law 94-142 1975 – Public Law 94-142 First federal law dealing with special education First federal law dealing with special education Modeled after the PA scheme Modeled after the PA scheme No major changes for PA No major changes for PA

6. History 1988 – Protection for All Handicapped Children Act 1988 – Protection for All Handicapped Children Act 94-142 amended to provide for attorney’s fees for prevailing party 94-142 amended to provide for attorney’s fees for prevailing party Only for parents Only for parents No meaningful substantive changes No meaningful substantive changes

7. History 1997-IDEA 1997-IDEA 1 st meaningful substantive changes in 22 years 1 st meaningful substantive changes in 22 years Reauthorization in 2004 and 2007 Reauthorization in 2004 and 2007 Requires all children with disabilities that qualify to receive a free, appropriate public education Requires all children with disabilities that qualify to receive a free, appropriate public education Special education Special education Related services Related services

8. Special Education Regulations in PA Chapter 14 of the PA Code Chapter 14 of the PA Code

9. PA Chapter 14.102 says: Ensure that children with disabilities: Ensure that children with disabilities: Have access to general curriculum Have access to general curriculum Participate in state and local assessments Participate in state and local assessments Are educated to maximum extent appropriate with nondisabled peers Are educated to maximum extent appropriate with nondisabled peers Provided supplementary aids and services to do so Provided supplementary aids and services to do so

10. IEP Team How is a child’s program determined? How is a child’s program determined? All decisions regarding FAPE are made by the IEP Team All decisions regarding FAPE are made by the IEP Team Who is on the team? Who is on the team? Parents Parents Special ed teacher Special ed teacher Regular ed teacher Regular ed teacher LEA representative LEA representative

11. PA Chapter 14 and the Ramifications of Gaskins Settlement Agreement Placement Placement Team must first consider regular classroom with supplementary aids and services before considering services in another setting Team must first consider regular classroom with supplementary aids and services before considering services in another setting

12. IEP Team The IEP Team is the decision maker under IDEA The IEP Team is the decision maker under IDEA Responsible for developing, reviewing and revising an IEP Responsible for developing, reviewing and revising an IEP There are no individual decisions There are no individual decisions

13. IEP What does IEP Team decide? What does IEP Team decide? What special education and related services the child needs to receive FAPE What special education and related services the child needs to receive FAPE Once decision is made, all services are written in IEP Once decision is made, all services are written in IEP Once services are in IEP, school district must ensure child receives those services Once services are in IEP, school district must ensure child receives those services contract contract

14. Least Restrictive Environment What is the role of the facility or provider? What is the role of the facility or provider? What does it mean for students in: What does it mean for students in: Juvenile Justice Facilities Juvenile Justice Facilities Residential Treatment Residential Treatment Shelter Programs Shelter Programs Therapeutic Foster Care Therapeutic Foster Care

15. Behavior Management Who requires a behavior intervention plan? Who requires a behavior intervention plan? A child who has behavior difficulties that interfere with learning A child who has behavior difficulties that interfere with learning Must be POSITIVE interventions and supports Must be POSITIVE interventions and supports Developed by the IEP Team Developed by the IEP Team Set forth in a written plan Set forth in a written plan