Transcript Parent Empowerment and Advocacy - PT3@NAU

Navajo Blessing for a
Newborn Child
"Today, we are blessed with a beautiful baby
May his feet be to the East
May his right hand be to the South
May his head be to the West
May his left hand be to the north
May he walk and dwell on Mother Earth peacefully
May he be blessed with precious, variegated stones
May he be blessed with fat sheep in variation
May he be blessed with respectful relatives and friends
Presenters
•Zonnie Sombrero
•Sarah Nez
•Leberta Henderson
Parent Empowerment and
Advocacy
Western Navajo Agency
Parents, Students
and
Schools as Partners
Rights and Responsibilities
of Parents
Presentation Goals
Goals of this Presentation
parents will understand
their rights regarding
special education
collaboration between family
and school personnel
will be enhanced
parents and school personnel
will participate in special education
matters as knowledgeable partners
Special Education Laws
Individual with Disabilities Education Act:
•Sometimes referred
to as IDEA-97
•Also known as IDEA
Parent
• The term “parent” refers to a natural or
adoptive parent, a legal guardian, a person
acting as a parent, or a surrogate parent who
has been appointed by the school.
•The term “acting as a parent”
includes persons such as a
grandparent or stepparent with
whom the child lives as well as
person who are legally
responsible for a student’s
welfare.
When is a student eligible for
Special Education?
A student is eligible if all three of the
following are true:
• The student has one or more
disabilities.
• The student is not making effective
progress in school as a result of
the disability(ies).
• The student requires special
education in order to make an
effective progress.
When is a student not eligible for
Special Education?
– Limited English Proficiency
– Vision/Hearing
– ADHD/ADD (Attention Deficit Hyperactivity Disorder/
Attention Deficit Disorder)
– Behavior
(Unless it impedes the student’s learning)
Referring a student for an
evaluation to determine eligibility
• Parents, or other adults involved with the
student can make
a referral for an
evaluation.
• A referral can be
made at any time.
• A school may not refuse a referral in
order to try other supportive services.
13 Types of Disabilities that may
adversely affect educational progress
that are defined in
state and federal regulations
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Mental Retardation
Hearing Impairments
Speech & Language Impairments
Visual Impairments
Emotional Disturbance
Orthopedic Impairment
Other Health Impairment
Specific Learning Disability
Deaf-Blindness
Multiple Disabilities
Autism
Traumatic Brain Injury
Developmentally Delay
Children with Disabilities receiving Special
Education in BIA Schools December 3, 2001
Mental Retardation'
Hearing Impairment
Speech/Language Impairment
Visual Impairment
70
60
50
Emotional Disturbance
Orthopedic Impairment
Other Health Impairment
Specific Learning Disabilities
Deaf/Blindness
Multiple Disabilities
Autism
Traumatic Brain Injury
Developmental Delay
40
30
20
10
0
Age 5
Children with Disabilities receiving Special Education in BIA Schools December 3, 2001
60
Mental Retardation'
Hearing Impairment
50
Speech/Language Impairment
Visual Impairment
Emotional Disturbance
Orthopedic Impairment
Other Health Impairment
40
30
Specific Learning Disabilities
Deaf/Blindness
20
Multiple Disabilities
Autism
Traumatic Brain Injury
Developmental Delay
10
0
Age 6-11
Children with Disabilities receiving Special Education in BIA Schools December 3, 2001
80
Mental Retardation'
Hearing Impairment
Speech/Language Impairment
Visual Impairment
Emotional Disturbance
Orthopedic Impairment
Other Health Impairment
Specific Learning Disabilities
Deaf/Blindness
Multiple Disabilities
Autism
Traumatic Brain Injury
Developmental Delay
70
60
50
40
30
20
10
0
Age 12-21
Children with Disabilities receiving Special Education in BIA Schools December 3, 2001
70
60
Mental Retardation'
Hearing Impairment
Speech/Language Impairment
Visual Impairment
Emotional Disturbance
50
40
Orthopedic Impairment
Other Health Impairment
30
Specific Learning Disabilities
Deaf/Blindness
Multiple Disabilities
Autism
Traumatic Brain Injury
20
10
Developmental Delay
0
Age 5-21
Special Education
• Special Education is specially designed
instruction to meet
the unique needs of
an eligible student,
and/or
• Related services necessary to access and
make progress in the general curriculum.
Related Services Help Children
Learn
• Some children cannot
learn in school unless
they have both special
education and “related
services.”
These related services
may be as follow:
Your child has a right to related services
if they are necessary to help him or her
benefit from special education.
♦ Counseling
Occupational therapy
♦ Speech/language
Physical therapy
♦ Orientation /mobility
Recreation
♦ Transportation
School health services
♦ Psychological services
♦ Rehabilitation Counseling
♦ Parent Counseling and Training
♦ Social Work Services
How quickly can I get
services?
 Consent to Evaluate
o A month after school starts,
30 School Working Days to
Evaluate.
 Team meeting to determine
eligibility
o No later than 10 School Working
Days.
 If eligible, development of IEP
and determination of placement
o
Within 30 calendar days
 IEP must be implemented
o Within 5 days after it has been
developed.
Six Basic Principles
The federal and state
special education laws
and the rights of
parents and students
in special education
are grounded upon six
basic principles.
The Six Principles
1.
2.
3.
4.
5.
6.
Parent and Student Participation
Free and Appropriate Public Education (FAPE)
Appropriate Evaluation
Individualized Education Program (IEP)
Procedural Safeguards
Least Restrictive Environment (LRE)
Principle #1 - Parent and
Student Participation
• Parents have the right to participate
in all special education planning and
decision-making activities.
• Students are the focus of special
education and, as they grow older,
students are expected to participate
in planning for their own future as
much as possible.
• It is the obligation of the school
district to make strong efforts, in
multiple ways, to ensure parental and
student participation.
Specific Participation Rights:
Schools must make multiple efforts to facilitate parental
attendance at Team meetings. If parents cannot attend,
schools must seek parent input through other means.
• Students at age 14, or younger if appropriate, are
entitled to participate in all Team meetings.
• Students at age 18 are adults under Federal
law/regulations and assume all the rights formerly held
by their parents for participation and decision-making.
Areas of Education where
Parent and Student
Participation are Guaranteed
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•
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•
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•
•
Referral
Evaluation
Eligibility Determination
IEP Development
SAT-9/AIMS
Participation
Placement Decisions
Disciplinary Actions
Principle #2 - FAPE
Free and Appropriate Public Education
• Free = At no cost to the parent.
• Appropriate = Services sufficient to
enable the student to appropriately progress
in education and advance toward achieving
the IEP goals.
• Public = Provided by the public school
district or under the direction of the public
school district.
• Education = Preschool, elementary and
secondary education, including extracurricular and nonacademic school activities.
Principle #2 – FAPE (continued)
What is the General Curriculum?
• The same curriculum as
students without
disabilities receive
(Reg. 300.347)
• Including all State &
Navajo Standards aligned
with the School’s General
Curriculum
Principle #3 - Appropriate
Evaluation
•
•
•
•
Initial evaluation
3 year re-evaluation
Individualized assessments
Non-discriminatory
assessments
• Includes a variety of tools and
strategies, including
information provided by the
parent.
Some specific evaluation Rights:
•Right to discuss both the proposed evaluations and evaluators prior
to the evaluation.
•Right to an evaluation in the student’s native language or mode of
communication.
•If appropriate, right to an evaluation of need for Braille
instruction.
• Right of parents to consent or refuse evaluation.
• Right to independent educational evaluation when
parents disagree with the results of the evaluation
done by the school district.
• Right to appeal a finding of “No Eligibility.”
Parental Rights In Special Education
(Procedural Safeguards)
• Parents have an important role in the evaluation process
when a child is suspected of having an educational
disability.
• Parental consent initiates the process and the parent is
included as a valuable member of the multidisciplinary
team.
• The special education process affords parents the
opportunity to be very involved in the development of the
child's educational programs beginning with evaluation and
assessment, through identification and placement.
Parent Participation
As a parent, you are an important
member of the IEP team.
• You have the right to
participate in all educational
decisions involving your child;
– By attending all meetings;
• Evaluation
• IEP
• Placement
Right to Consent
• You have the right to know that the school
district must obtain your informed written
consent before any evaluation is conducted or
any placement is made in special education,
even if a placement is being renewed.
• Written consent is also required before
identification of a child with an educational
disability, changing the identification, or
changing the nature or extent of special
education and educationally related services
for a child.
• You may refuse to provide written consent. If
the school feels that the education plan is in
the best interest of the child, the school
district may initiate Due Process procedures
to carry out its recommendation.
Written Prior Notice
• You have the right to receive written notice
in language understandable to you whenever
the school district proposes to initiate or
change the identification, evaluation,
placement, or the provision of a free and
appropriate public education.
• The notice should explain the proposed action
and any evaluation, tests, records, or reports
used to support the action.
Records
• You have the right to examine all
relevant records kept by the school
district regarding identification
(coding), evaluation, IEP, placement, and
the provision of a free, appropriate,
public education to your child.
Educational Evaluations
•
•
•
•
•
•
You have the right to a full and individual
evaluation of your child's educational needs.
By law, a re-evaluation must be conducted
every three years.
You also have the right
to request an independent educational
evaluation of your student at the school
district's expense if you disagree with the
school district's evaluation.
However, the school district may begin Due
Process proceedings to show that its
evaluation is valid.
If the district evaluation is shown to be
valid, you still have the right to an independent assessment but not
necessarily at the school's expense.
The school district must inform you where and how an evaluation can be
obtained and must consider the evaluation for any coding, placement
decision, or hearing.
Independent Educational
Evaluation (IEE)
• Anytime you are dissatisfied with the
school’s evaluation.
• The school is obligated to consider
information from IEE.
Principle #4 - Individualized
Education Program (IEP)
• Written information
on the parent’s concerns
and the student’s skills.
• A written explanation of
how the disability affects
the student’s ability to learn and to
demonstrate his or her learning.
• An identification of specific, measurable
goals which can be reached in a year’s time.
• A listing of the services to be provided to
the student.
Purpose of the IEP
The IEP’s purpose is to outline:
• What will be done to assist the
student to make effective progress
in the general curriculum and in the
life of the school.
• How the student will participate in
state and local assessment. Arizona
State Assessment (AIMS, SAT-9)
• The goals the student is expected
to reach by the end of the IEP
period.
• Recommendation or Option for ESY
(Extended School Year)
Rights Associated
with the IEP
• Before the school can begin IEP
services, the school must obtain the
parent’s consent.
• The parent has the right to accept
or reject the proposed IEP in part
or in full.
• The completed IEP is signed by both
the school district and the parent
and serves as a contract between
the school and the parent.
• The parents can withdraw their
consent at any time in relation to any
service or program.
Principle #5
Procedural Safeguards
•
•
•
•
•
•
•
•
Right to written notice
Right to consent/refuse
Right to “stay put”
Problem Resolution System
Mediation and Due Process
Timelines
Confidential records
Right to receive evaluations 2 days in
advance of Team meeting, if requested
School Records
• Parents have the rights to see
and request copies of their
child’s school records. If you
disagree with items in the
record you can ask if they can
be changed or removed.
• You have the rights to review
and inspect and review
education records under this
section includes;
Access to Records
1.
2.
3.
The right to a response from the school to reasonable
requests for explanations and interpretations of the
records.
Your right to have your representative inspect and review
the records; and
Your right to request that the school provide copies of the
records containing the information if failure to provide
those copies would effectively prevent you from exercising
your rights to inspect and review the records.
Confidentiality
• Parental consent must be
obtained before personally
identifiable information is
disclosed to anyone other
than participating
agencies collecting or
using the information
under IDEA requirements.
• Schools will protect the
confidentiality of student
records.
Right to Appeal
 You have the right to appeal any
decision of the school regarding;





Identification
Evaluation
IEP's,
provision of FAPE
Placement of a disabled student
 Due Process Hearing Procedures
will be followed
Mediation
Mediation helps resolve disagreements between
schools and parents.
a) Mediation is a voluntary process mutually agreed
to by the parent and the school.
b) Mediation is confidential and is available at no
cost to either the parent or the school.
c) Mediation will not be used to deny or delay the
right to a due process hearing, or any other
rights afforded to children an parents.
d) The school or parent my request mediation at any
time.
Complaint Procedures
• Complaints can
be made by any
person or
organizations to:
Office of Indian Education Programs
Center for School Improvement
500 Gold Ave. SW. 7th Floor
P.O. Box 1088
Albuquerque, NM 87102-1088
Phone: (505) 248-7529
Fax: (505) 248-7545
Principle #6 - Least Restrictive
Environment (LRE)
• In the public school building: the general
education classroom, a resource room, or a
substantially separate classroom.
• Outside of the school building: a separate day
school or a separate residential school.
• For young children (aged 3-5):
a home-based or center-based
early childhood program
Least Restrictive Environment
• You have the right to have your child
educated with students who do not have
disabilities to the maximum extent that is
appropriate for your child.
• You have the right to know that the school
district provides a continuum of alternative
educational environments for students
with disabilities.
Students have the right to receive
special education services even when
they are unable to attend school.
Sometimes students are unable
to attend school for noneducational reasons.
Students may be:
• In a hospital,
• At home
• Or in an institutional setting.
Resources
• Teachers and other staff at the local
schools
• Office of Special Education, Western
Navajo Agency PO Box 7074, Tuba City,
Arizona (928)283-2218
• Bureau of Indian Affairs, Office of
Indian Education Programs, Center for
School Improvement, 500 Gold Av. SW
room 7B, PO Box 1088, Albuquerque,
NM 87102-1088
• Theresa Yanan, DNA-People’s Legal
Services, Inc., Native American
Protection & Advocacy Project,
P.O. Box 392, Shiprock, NM. 87420
(505) 368-3216
BINDER ACTIVITY
•
•
•
•
3-RING BINDER
TABS
FOLDERS
SAMPLE CHILD’S PAPERS
► EDUCATIONAL RECORDS
 PARENTAL RIGHTS
 SCHOOL RECORDS
 IEP/PSYCH REPORTS
 SCHOOL GRADES/PROGRESS REPORT
 ASSESSMENTS STAT-9/AIMS SCORES
► PERSONAL FAMILY INFORMATION
 BIRTH CERTIFICATE/GUARDIANSHIP PAPERS
 SOCIAL SECURITY CARDS
 CERTIFICATE OF INDIAN BIRTH
► HEALTH INFORMATION
 HEALTH RECORDS
 FUTURE APPOINTMENTS (IEP, MEDICAL,
MENTAL HEALTH, ETC,…)
Thank You……….
 for taking part and interest in
your child’s education.
Hope the presentation
was beneficial in meeting
your needs.
Closing Prayer from the Navajo Blessing Way
In beauty I walk
With beauty before me I walk
With beauty behind me I walk
With beauty above me I walk
With beauty around me I walk
It has become beauty again
It has become beauty again
It has become beauty again
It has become beauty again
Hózhóogo naasháa doo
Shitsijí' hózhóogo naasháa doo
Shikéédéé hózhóogo naasháa doo
Shideigi hózhógo naasháa doo
T'áá altso shinaagóó hózhóogo
naasháa doo
Hózhó náhásdlíí'
Hózhó náhásdlíí'
Hózhó náhásdlíí‘
Hózhó náhásdlíí‘