Transcript The ADA, IDEA, and Section 504 in Education

The ADA, IDEA,
and Section 504
in Education:
Understanding the laws, advocacy
strategies and current issues for our
children with disabilities
Presenter:
Cheryl Theis,
Education Advocate, DREDF
• 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.
• Envisions a just world where all people,
with and without disabilities, live full and
independent lives free of discrimination.
• Disability rights are civil rights.
Children have rights.
• Information is power.
Children & Family Advocacy Program:
• 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
Class Action cases involving systemic
abuses.
• Educate legislators and policy makers
on issues (such as IDEA, ADA)
affecting the rights of people with
disabilities.
Some reasons why we do what we do:
• Prior to IDEA in 1975, only 1 in 5 children with
disabilities were served by US schools.
• In 2005, 56% of CA children enrolled in
special education graduated with a diploma.
• In 2008, 36% of CA 10th graders enrolled in
special education passed the CA High School
Exit Exam (now a diploma requirement).
• 85% of services specified in Individualized
Education Plans (IEPs) are actually provided.
• Children with disabilities who have consistent,
knowledgeable advocates are most likely
to receive appropriate services & supports!
Laws:
That protect
students with
disabilities
NCLB
No Child Left Behind / 2002
• A federal Education Law.
• For ALL students, with a focus on
traditionally “under-served” students.
• School accountability to increase school
performance and outcomes.
• Requirements for “highly-qualified”
teachers and paraprofessionals.
• Process to change school or get
remediation if school fails to meet
Adequate Yearly Progress (AYP)
FERPA
Family Educational Rights & Privacy Act
• A federal Education Privacy Law.
• For ALL students.
• Right to inspect and review
“any and all” records the district keeps.
Timeline in CA: within 5 days
• Right to request correction of records
that are inaccurate or misleading.
• Right to consent to disclosures of
personally identifiable information
contained in education records.
504
Section 504
of the Rehabilitation Act / 1973
• A federal Anti-Discrimination Law.
• Protects ALL people with a disability
that impairs one or more major life
activity (learning is one).
• Prohibits discrimination in ANY program
that receives federal dollars.
• Provides accommodations to remove
discriminatory barriers.
• In education, a “504 Plan” removes
barriers to learning and opportunities.
IDEA
Individuals with Disabilities
Education Act / 1975
• A federal Education Law.
• For students with at least one of 13
qualifying categories of disability.
• Who ALSO need specialized support and
instruction to benefit from education.
• Provides a “special education” plan: “IEP”
- specialized instruction
- related supportive services
• “IEP” must be individualized to meet a
student’s unique needs.
The ADA
The Americans with Disabilities Act
/ 1990
A civil rights law to prohibit discrimination
solely on the basis of disability in
employment, public services, and
accomodations.
Protects: Any individual with a disability who:
(1) has a physical or mental impairment that
substantially limits one or more life
activities; or
(2) has a record of such impairment; or
(3) is regarded as having such an impairment.
Note: the person must be qualified for the
program, service, or job.
The ADA
The Americans with Disabilities Act
/ 1990 (cont.)
• ADA provided additional protection in
combination with actions brought under Section
504. Reasonable accommodations are required
for eligible students with a disability to perform
essential functions of the job.
• ADA protections apply to nonsectarian private
schools, but not to organization or private
schools, or entities controlled by religious
organization;
• Applies to any part of the special education
program that may be community-based and
involve job training/placement. Also applies to
Childcare centers and recreation programs.
How do the ADA, 504
and IDEA relate to
each other?
The Americans with Disabilities Act of 1990
(ADA), the Individuals with Disabilities
Education Act (IDEA), and Section 504 of
the Rehabilitation Act of 1973 represent
three attempts to improve the living
conditions of those with disabilities, to
ensure equal access, and to promote inclusion.
Go to:
http://www.dredf.org/advocacy/comparison.html
For a comparison of these laws.
What is Section 504?
Section 504 covers disabled persons in
programs receiving federal funds:
- public schools explicitly, but also
- publicly-funded programs such as day care
programs,
- after-school programs and even some private
schools
To be eligible for services and to ensure a Free
and Appropriate Public Education (FAPE) and
protection against discrimination under Section
504, a student must have a physical or mental
impairment that substantially limits one or more
major life activities. [29 U.S.C. 706 (8)(B)]
CA statutes broaden “physical disability”
definition.
SECTION 504—
Leveling the playing field
A student is entitled to a Free and Appropriate Public
Education (FAPE)
• This can consist of special services and program
modifications
504 Plan
• Designed to reasonably accommodate the
student’s condition so that his/her needs are met
as adequately as the needs of students without
disabilities.
Provided in the Least Restrictive Environment (LRE)
--Removes Barriers, Provides equal access-EXP: Ramp into the school to access learning like
other students, Computer access so student can
“show” what she knows.
“504 Plan” describes
services, accommodations
& modifications
Students may receive services, accommodations
and modifications for “equal access” to educational
opportunities afforded all students.
Accommodations are program adjustments made to
remove disability-related barriers to full
participation in school: “leveling the playing field”
Academic modifications may be necessary even if
major activity of “learning” is not affected.
Ex: P.E. curriculum changes, school schedule
Nonacademic AND extracurricular activities are
included. Ex: field trips, athletics and assemblies.
ALL determined by student’s individual needs.
Services,
Accommodations and
Modifications
Accommodations for children with diabetes
might include:
• Ability to leave class when needed
• Free access to food and water
• Preferential seating
• Administration of health protocols in class
• Additional time to complete assignments
without penalty
• Ability to make up work missed to fulfill
health-related needs or doctor’s
appointments without penalty.
See sample “504 Plan” for a child with diabetes
on DREDF website under Special Education.
Relationship of Protective Laws
ALL students
504 eligible
IDEA
eligible
IDEA-eligible
students are
protected
by ALL these laws
just discussed.
A Student
with an IEP
may also need
accommodations
to prevent
discrimination.
Cycle of Special Education
Review IEP
annually, or
if requested
Reason for
Concern / Dx
Implementation
Assessment
Plan:
within 15 days
Appropriate
Placement:
“Informed consent”:
determined
“PLOP”, Goals,
Individualized
Instruction
and Services:
determined
Request
Assessment
15 days for parent
questions (if needed)
Assessment:
60 days to complete
IEP Meeting:
within the 60 days
IDEA: Purpose
“(c) Findings. Congress finds the following:
Disability is a natural part of the human experience
and 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 of
ensuring equality of opportunity, full participation,
independent living, and economic self sufficiency…”
“(d) Purposes. The purposes of this title are - (1)(A)
to ensure that all children with disabilities have
available to them a free and appropriate public
education…designed to meet their unique needs
AND prepare them for further education,
employment, and independent living…”
—IDEA / 20 U.S.C. § 1400
IDEA: Eligibility
Age 3 up to age 22*
with 1 of 13 eligibility categories:
1. Autism
2.
3.
4.
5.
6.
7.
Deafness / HH
Deaf-Blindness
Hearing Impairment
Mental Retardation
Multiple Disabilities
Orthopedic Impairment
8. Other Health Impairment
9.
10.
11.
12.
13.
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
IDEA: 6 Core Principles
1. Appropriate Evaluation/Assessment
2. Free & Appropriate Public Education (FAPE)
3. Individualized Education Plan (IEP)
4. Least Restrictive Environment (LRE)
5. Parent (and student if appropriate) participation
in the decision-making process
6. Procedural Safeguards
Referral for Special Education
• SAFEGUARD: WRITTEN request triggers a strict
timeline and an “affirmative obligation” to assess.
“CHILD FIND” provision of IDEA law
•
In 15 calendar days, the district must present you
with an “Assessment Plan” for your consent.
Parent can take 15 more days to ask their questions.
•
Upon your consent, the district has
60 calendar days to evaluate your child
and hold an IEP meeting.
• TIP: A request for special education
assessment legally supercedes a
Student Study Team (SST) meeting.
Referral for Special Education
• Parent generally makes initial referral for Special
Education/504 assessment. But it can be a anyone
concerned about the student’s educational needs.
• WRITE a “Request for Assessment” letter to
Special Education director or District 504 coordinator
(or both); cc others if needed.
• SAFEGUARD: If you ask verbally, the district is
obligated to help you put your request in writing.
• Students must be comprehensively assessed
“in all areas of suspected disability”
to determine need for special education.
• TIP: If eligibility assessment, include
“504 assessment” request in case child does
not qualify under IDEA. Saves precious time.
Assessment Rights
• Parent consent is required.
• Independent (outside) assessments must be considered.
• Right to review results in advance of the IEP meeting.
TIP: Request in your “request for assessment” letter!
Remember: FERPA. Also, translate into Parent’s language.
• Assessment in child’s language/mode of communication.
• Variety of tools & strategies must be used to determine:
• If a child has a disability under IDEA
• Contents of the IEP document
• Technically sound instruments.
• Qualified professionals.
• Parent has a right to disagree via “IEE”
IEE
Independent Educational Evaluation “at public expense”
• If parent disagrees with a district assessment,
parent has a right to ask for an IEE and for the district
to pay for it.
• Parent sends WRITTEN notice, or request, for IEE.
• Without unnecessary delay, district must agree to either:
- pay for the IEE, or
- file for a Due Process hearing to show assessment
was appropriate. A judge decides.
• Independent Educational Evaluations
MUST be considered, no matter who paid.
• Qualified evaluator.
No requirement to pick from district list.
IDEA: Intent
•
Expect success. Presume competence.
•
Provide access to the general education curriculum.
•
Prepare students for their future. Expand their future.
•
Strengthen the role and responsibility of parents.
•
•
Ensure that special education is a service rather than a
place where children are sent.
Provide appropriate instruction, services
and supports in regular environments.
•
Use technology to maximize accessibility.
•
Promote democracy.
Meeting Preparation
• Talk to your child (DREAMS / CONCERNS / I WISH…)
• Gather Your Thoughts (VISION STATEMENT)
• Prior Meetings with Teachers
• Gather/Organize Independent Reports/Evaluations
• Find out availability of the people you will need to attend.
• Observe Placements. Network with families about placement.
• Make an Agenda.
• Make a List of Questions/Concerns.
• Prepare a “Parent Report” You are an EXPERT!
• Understand your rights.
IEP: Preparation
•
District must provide WRITTEN NOTICE of
IEP meeting. (date, time allotted & participants)
•
Let district know ASAP if you need another date/time.
•
Let district know what team members you need there.
•
•
Provide WRITTEN notice at least 24 hours in advance:
• if you plan to tape record the meeting.
• if you plan to bring an attorney.
Request/remind the district to provide
all written materials & assessment reports
5 working days before meeting.
IEP: Good Record Keeping
YOUR CHILD’S RECORDS ARE
THE FOUNDATION OF THEIR FUTURE.
Good records should provide a complete picture of your child.
• Approach like you are conducting BUSINESS.
• Request records when needed.
• Document your key concerns and understandings
in writing…REAL writing.
ALWAYS: Be truthful, reasonable, direct.
Email: advantage and disadvantage
• Retain proof of delivery of correspondence
you send to the school district.
• Keep Phone logs and email collections.
IEP: Team rules
•
•
•
•
•
Translators as requested/needed.
Others may attend at invitation of parent or district
who has knowledge of student.
Person inviting has the right to determine appropriateness.
A team member may be excused when the parent
AND the school district consent to the excusal.
• Parent must consent in writing.
• Member submits in writing input to the
development of the IEP prior to the meeting.
A team member may be excused when
her area is not being discussed or modified.
• Parent must consent in writing.
Teams can meet by alternate ways:
Speakerphone, video conference, etc.
IEP: Think of it this way!
- Special Education is a SERVICE
- brought to the student through the IEP
- in order to CLOSE THE GAP
Visualize an Elevator!
between the student’s
- Present Level of Performance
(PLOP) and the student’s
- Expected Level of
Performance.
IEP: Big Questions
Big questions the IEP team MUST answer:
• Where are we now? Present Levels of eduPerformance (PLOP)
• Where are we going? GOALS/OBJECTIVES
• How are we going to get there? SERVICES & INSTRUCTION
• How do we know when we have succeeded?
MEASUREMENT: What objective DATA will tell us if we have?
• How and when progress will be reported
to the parents?
ACCOUNTABILITY.
STAYING ON TRACK.
IEP: PLOP
Present Levels Of Performance
Academic AND Functional performance*
• How disability affects student involvement and
progress in the general curriculum.
• For Pre-K age children, how disability affects
participation in appropriate activities.
• * Educational performance is a BROAD
term specifically selected by Congress.
PLOP is NOT limited to academic
performance only.
IEP: S.M.A.R.T. Goals
SPECIFIC:
clear descriptions of the knowledge and skills that will be
taught and how the child’s progress will be measured.
MEASURABLE: you can count or observe it.
ACTION WORDS: “child will be able to . . .”
REALISTIC / RELEVANT: to child’s unique needs that
result from the disability.
TIME-LIMITED: what does the child need
to know and be able to do after
1 year of special education?
Monitored at regular intervals.
Goal: More than “being there”
• EXAMPLE #3:
Kylie will participate in physical education.
• REWRITE!
Provided with adapted equipment, strategies and
training, within the general education physical
education class, with support from the Adapted P.E.
(APE) instructor, Kylie will acquire skills in 3 or more
physical education activities that promote flexibility
and strength in upper arms and body,
promote balance, and independent
movement, as measured by APE data
collection and P.E. grade/comments in
school report cards.
Goal: Clarity
• EXAMPLE #4:
Stan will communicate better.
• REWRITE!
Stan will increase his sign language vocabulary to 300
words as described in the sign language notebook that
travels between home and school
by June 30.
IEP: Placement
LAST part of IEP Meeting
Protect Least Restrictive Environment (LRE)
• Placement is a “set of services” provided to the student.
NOT a place for the student to go!
• Watch for “label and sort” offers. LRE must be protected
in offers of instructional and other settings.
• Consider supports and services to protect LRE.
• Appropriate placement is one in which
the student has a reasonable expectation
of achieving IEP goals.
IEP: LRE
Least Restrictive Environment
The extent to which the student will or will not
learn with and participate in school with
students without disabilities AND WHY.
• Usually expressed as percent.
• IDEA has a strong presumption that students with
disabilities learn with their non-disabled peers.
Home school. General Ed. Typical classes.
• Supports and services should protect LRE.
• Be vigilant. ASK:
Where is the data to support removal
from typical learning environments?
Meeting Tips: Building Partnerships
•
•
•
•
•
•
•
•
•
•
•
•
Model what YOU expect from others!
Protect relationships.
Ask open-ended “help me understand…” questions.
Be responsive. Follow through on your commitments.
Share ideas about your child that will support the team.
Encourage your child to value school.
Don’t visit only when there are problems.
Be proactive – not reactive.
Let the team know what’s important to you.
Say: “thank you.” Say: “I’m sorry.”
Have “the courage to forget.”
Always remember that you are an equal
member of the TEAM.
[20 U.S.C. Sec. 1415(b)(3); 34 C.F.R. Sec. 300.503(b); Cal. Education Code Sec. 56500.4.]
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.
Disputes:
When things go wrong
in implementing the IEP
or 504 plan.
When parents and
schools don’t even
agree on the what is
needed.
Tips: Conflict Prep “just in case”
DOCUMENTATION RULE OF THUMB:
“If it was never written, it was never said and will never be done.”
• Work out problems at the local level through
letter WRITING.
See www.wrightslaw.com “Letter to a Stranger”
• Make requests IN WRITING.
• Expect responses IN WRITING (PWN).
• Expect Timelines to be met.
Tip: Send letters with proof of delivery
• Document conversations and calls.
Date, time, who, title, contact info,
what was discussed, what is understood,
what is the expected result.
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”
• “Compliance Complaint” at district level
• “Mediation-Only”: FREE trained mediator
from state before filing formal complaint
504: Civil Rights
Discrimination Complaint
• Filed with: Office for Civil Rights (OCR)
San Francisco is Regional Office
415-486-5555 / 877-521-2172 TDD
www.ed.gov/about/offices/list/ocr/index.html
• Complaint alleges:
Education institution that receives Federal financial
assistance has discriminated against student on the basis
of his/her disability.
• If educational opportunity is not
commensurate with non-disabled peers
(“level playing field”).
• File within 6 months of alleged violation.
IDEA
Compliance Complaint
• Filed with: California Dept. of Education (CDE)
Office of Procedural Safeguards & Referral Services (PSRS)
800-926-0648
www.cde.ca.gov/sp/se/fp
• 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.
IDEA
Due Process Complaint
•Office of Administrative Hearings (OAH)
Special Education Division
916-263-0880 / 916-263-0890 Fax www.oah.dgs.ca.gov
•“Trial-like”
When Parent & School District have BIG disagreements:
- whether student is eligible for special education [or]
- whether the IEP and particular services offered provide
“Free and Appropriate Public Education (FAPE)
•Administrative Law Judge (ALJ) resolves
disagreements about eligibility; or type,
intensity, frequency or location of services.
•Must file within 2 years of alleged complaint
IDEA
Due Process Complaint
• Complaining party MUST provide notice to OAH
and the opposing party:
• Name, address of child (& contact if homeless)
• School Name
• Description of problem
• Desired solution
• Parents AND Districts can file for Due Process.
• Filing is VERY specific. Opposing party
can challenge “sufficiency” of complaint for
lack of detail.
• OAH has model forms for filing.
• Opportunities to resolve before a hearing:
“Resolution Meeting” and/or “DP Mediation”
NEWS FROM THE TRENCHES:
Current Issues, resources, problems related to these laws
that we are hearing about from Families and Stakeholders
“on the ground”
Current Issues, Resources
Gatekeeping/Stalling
• ISSUE: Districts Stalling on providing a decision in WRITING so
parent’s due process rights are triggered. 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.
Current Issues, Resources
Gatekeeping/Stalling
• ISSUE: Districts are denying requests for assessment for special
education (Child Find responsibility is to actively seek out and identify
all children with disabilities in the district) because of concerns over
“over-identification”, or need to complete Response to Intervention
(RTI) or SST (California) process.
• EXP: Special education assessment request denied because
“resources of general education are not exhausted” ?
• TIP: Ask to see policy, and timelines! When general education
interventions are being used, these should be short term, focused and
data driven interventions that give team data—if they don’t work, go
to higher level support. Don’t wait.
• NOTE: If parent asks for assessment, district cannot simply state
that general education interventions and supports are not
“exhausted”—must provide data in detail about why referral is not
appropriate using PWN.
Current Issues, Resources
Gatekeeping: FAPE MEANS FREE!
• ISSUE: When team agrees that a service or
resource is necessary to student’s educational
needs, school district is financially responsible.
The buck stops with the school district.
• EXP: Telling parents that student needs after
school tutoring and they should provide it is not
FAPE!
• TIP: Try to get team agreement that service or
support is necessary during IEP and write goal for
it…parent can offer to do “extra” but required
services relate to goals at no cost to parent.
Current Issues, Resources
PLACEMENT IS NOT A PLACE!
• ISSUE: Placement is the set of services,
supports, accomodations, specialized teaching.
Placement is the last consideration for an IEP
team, after all issues talked through. Must be
Least Restrictive Environment. STUDENT IS
OUT OF PLACEMENT IF PACKAGE OF
SERVICES NOT PROVIDE.
• EXP: Telling parents that student needs after
school tutoring and they should provide it is not
FAPE!
• TIP: Try to get team agreement that service or
Current Issues, Resources
Individualization
• Districts often create programs for specific
disabilities or types of students.
• IDEA says IEP must be written to the specific
and unique needs of each student—one size fits
all is not FAPE!
• For young children, Developmental and
Educational needs are interchangeable—and if the
report card or progress report measures it (group
cooperation, citizenship) and student is
struggling, ask that it be addressed!
Current Issues, Resources
Transportation
ISSUE: Students with Disabilities must have equal
access to school sponsored events, including field
trips, graduation ceremonies, etc.
EXP: Student not allowed to ride bus to field trip
because not wheelchair accessible, or not able to
get diploma on stage, no ramp. SDC kindergarten
not allowed to go to promotion ceremony (“they”
won’t behave). These are ADA and 504 issues!
Remember—students with an IEP also covered
under 504.
TIP: Make sure IEP or 504 plan ANTICIPATE
Current Issues, Resources
Assistive Technology
• ISSUE: AT Assessments done by a certified AT Specialist
can provide simple to highly complex technologies (pencil
grip, laser pointer) to allow students to learn better,
participate more fully, and DEMONSTRATE THEIR
KNOWLEDGE.
• TIP: Ask for these assessments, esp. when student hits
middle school!
• Digital books available to districts and students for free, eg
Bookshare.
• Voice Recognition Software (Dragon, etc) can be
invaluable—but include TRAINING IN IEP OR 504 plan!
• See Center for Accessible Technology Website:
• http://www.cforat.org/
Current Issues, Resources
Seclusion and Restraint
• ISSUE: School Districts may use emergency interventions
ONLY when there is a serious risk of harm to student or
others—not student jumping on desk, but student running
into traffic. See 18 U.S.C. 1365(h)(3) for definition
of serious bodily harm.
• EXP: Student who refuses to comply and is locked
in “time out room” unattended, student with
autism who is held down because of meltdown.
Harm is done—students do not feel safe at
school.
Current Issues, Resources
Seclusion and Restraint (Cont.)
• State policies vary widely.
–
See: http://www2.ed.gov/policy/seclusion/seclusionstate-summary.html for a state by state summary of
policies.
• Restraint and Seclusion should never be interventions
allowed in the Behavior Plan—and parents should never be
asked to proactively “consent” to them.
–
See Aprais website “The Alliance to Prevent
Restraint, Aversive Interventions and Seclusion”.
http://aprais.tash.org/
Current Issues, Resources
Addressing Challenging Behavior
• Addressing Behavior needs is an EDUCATION issue!
• FUNCTIONAL BEHAVIORAL ASSESSMENTS (FBA) are
research based, data driven tools that are used to develop a
MEANINGFUL Behavior Support Plan. If behavior needs are
serious, and endanger person or others, than ask for a
BEHAVIOR INTERVENTION PLAN (BIP) or similar
instrument that can be predictive, identify necessary skills
deficits, teach replacement behaviors.
Current Issues, Resources
Addressing the needs of Youth in
Transition
• FUNCTIONAL VOCATIONAL ASSESSMENTS (FVA) can be
important tool—remember that services and supports are
driven by assessment—WHERE ARE WE NOW, AND WHERE
DO WE WANT TO BE IN YEAR?.
• OSEP Indicator 13 checklist lets families, advocates see what
school district/state are being expected to do under IDEA
2004
• http://www.nsttac.org/indicator13/indicator13_checklist.aspx
• Plan must be in IEP NO LATER THAN age 16, and address
independent living, post secondary, and vocational needs.
Support must be provided!
Current Issues, Resources
Foster and other Vulnerable
Students
• Children with disabilities who are in foster care, kincare,
homeless, or otherwise vulnerable need advocacy the most—
more often abused and neglected, more often underserved,
poorest outcomes
• These children are often the least served—no one to
advocate for them.
• See DREDF website: www.dredf.org
• Foster Youth Resources for Education (FYRE) and Foster
Youth with Disabilities in Transition (FYDT) Clearinghouse
• Special protections, in IDEA part C, and in new Fostering
Connections Law.
Resource Links
DOWNLOAD DREDF Training Materials!!!
dredf.org/special_education/trainings.shtml
“Info-to-go”: TRANSITION from Early Intervention to
PreK and from PreK to Kindergarten:
www.dredf.org/special_education/training_materials_3_14/
ITG_TRANS_PRE-K.pdf
DREDF:
www.dredf.org
CARS+:
http://www.carsplus.org/links.php
CDE Special Education:
http://www.cde.ca.gov/sp/se
CDE Home:
www.cde.ca.gov
CDE/PENT (Behavior):
www.pent.ca.gov
Disability Rights CA (DRC): www.pai-ca.org
PACER:
www.pacer.org
www.taalliance.org
NICHCY:
www.nichcy.org/
OSEP:
www.osepideasthatwork.org
Wright’s Law:
www.wrightslaw.com
Resource Books
GOALS:
“From Gobbledygook to Clearly Written Annual IEP Goals”
“Writing Measurable IEP Goals and Objectives”
Barbara D. Bateman
ADVOCACY:
“From Emotions to Advocacy” www.wrightslaw.com
SPECIAL EDUCATION RIGHTS & PROCESS:
“Special Education Rights & Responsibilities” (CA specific)
www.pai-ca.org/pubs/504001SpecEdIndex.htm
CA Dept. of Ed “A Composite of Laws” order form:
www.cde.ca.gov/sp/se/ds/documents/colordrfrm.doc
Other CDE Publications: www.cde.ca.gov/re/pn/rc
“Negotiating the Special Education Maze”
Winifred Anderson, et. al.
“The Complete IEP Guide” Nolo Press
Lawrence M. Siegel
“Special Education Law” www.wrightslaw.com
A network of Parent Training & Information
(PTI) Centers is available for every county
across the country. PTI’s provide technical
assistance and training to parents/guardians
of school-age children with disabilities, and
professionals who serve these students and
their families. Here is a list by region/state:
http://www.taalliance.org/ptidirectory/pclist.asp
Contact DREDF at:
Phone
Toll Free
Fax
Email
Website
510.644.2555
800.348.4232
510.841.8645
[email protected]
www.dredf.org