Americans with Disabilities Act

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Transcript Americans with Disabilities Act

SPECIAL EDUCATION:
What You Need to Know
The Training Institute
on Disability Rights
Special Education: What You Need to Know
What does Equip for Equality (EFE) Do?
Offers People with Disabilities and their families:
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Information
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Support
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Resources
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Legal services
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Trainings
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Special Education: What You Need to Know
Contact EFE
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Toll-free telephone and TTY numbers
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Fax numbers
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Email
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Last Resort: Visit
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Special Education: What You Need to Know
Equip for Equality Can Help
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Information & Referral
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Review of Case
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Technical Assistance
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Legal Representation
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Special Education: What You Need to Know
Questions About Equip For Equality?
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Special Education: What You Need to Know
Special Education: Who Needs It?
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Does your child have difficulty in school?
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Does your child need tools or services to
understand materials or teachers in school?
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Does your children need help to get into the
school or use school equipment?
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Does the school staff understand
your child’s needs?
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Special Education: What You Need to Know
Special Education Law: IDEA
IDEA = Individuals with Disabilities Education Act
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Free
 Appropriate
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Public Education
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Special Education: What You Need to Know
What’s the First Step?
REFERRAL
 A written request to the school district asking
for a child’s evaluation for special education
services
 A parent or other family member, a guardian, a
teacher, or any school official can request a
referral
 A referral starts the Case Study Evaluation
(CSE), which must be done within 60 days.
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Special Education: What You Need to Know
Case Study Evaluation (CSE)
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A CSE means many different kinds of tests and
evaluations.
Parent’s or guardian’s consent is needed.
CSE must not have bias against race or culture.
The tests and evaluations must be done in the
child’s language or way of communication.
Once the CSE is done, parents and teachers
meet for a multi-disciplinary conference (MDC).
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Special Education: What You Need to Know
Multi-Disciplinary Conference
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A meeting with all teachers, therapists, evaluators,
and parents
Review of tests and evaluation to decide if a child
needs any special education services
If parents do not agree, they can ask for an
independent evaluation at no cost
A MDC happens for each child once every three
years.
A CSE (evaluation) is also done every three years but
a parent can request it be done more often
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Special Education: What You Need to Know
What about 504?
504 = Rehabilitation Act of 1973
 Separate law
 Even if a child does not need special education
assistance, 504 makes sure that a child with a
disability gets access to an education
 Makes sure a child has access to a school
building
 Buses, ramps, elevators, braille materials, etc.
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Special Education: What You Need to Know
Individualized Education
Program (IEP)
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Once it is decided that a child needs special
education, an IEP must be written.
IEP = a written document with goals and
services for the child
Teachers, therapists, and parents meet during
the IEP meeting to decide those goals and
services.
IEP meetings happen at least once a year, to
make any changes needed to ensure child is
doing well
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Special Education: What You Need to Know
What’s in an IEP?
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Present Levels of Performance
Goals & Objectives/Benchmarks
Progress Reports
Special Education Services
Related Services
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Special Education: What You Need to Know
What Happens Next?
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CSE is done and your child needs special
education services.
MDC and/or IEP is done: the education plan for
your child is complete.
What’s next? The education itself!
The educational goals and objectives must be
completed within the school year
Ask for someone on staff to be the contact
person and monitor
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Special Education: What You Need to Know
What If You Don’t Agree
with the IEP?
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Try to talk to the teachers and staff
Get an Independent Evaluation
Consult an attorney or legal aid organization
such as Equip for Equality
Due Process Hearing
Mediation
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Special Education: What You Need to Know
Due Process Hearing
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Like a trial
Instead of a judge, you have a hearing officer
Parents on one side, school on the other side
Often have lawyers helping both sides, but
lawyers are not required
Both sides try to convince the hearing officer that
they are right about the child’s education
The hearing officer makes a decision that both
sides must follow, but either can appeal to a
court
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Special Education: What You Need to Know
Mediation
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A meeting between parents and school district
Try to resolve problems without a hearing
Mediator (impartial person) helps both sides try
to resolve the problems’
Voluntary (optional) & Confidential
Can still go to due process hearing if mediation
fails
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Special Education: What You Need to Know
What about Discipline?
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A big problem for children with behavior or
other types of disabilities are the discipline
provisions
A child may be removed for no more than 10
days for a disciplinary violation
Manifest Determination Review – IEP team
reviews whether disciplinary violation is
related to disability
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Special Education: What You Need to Know
NOTICE!
Parents are entitled to NOTICE on almost
everything!
 Referral & CSE
 MDC & IEP
 Discipline & Manifest Determination Review
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Special Education: What You Need to Know
Transition Services
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Age 14: start transition services
Set up a plan for child to transition from school
to work
Might mean going to a specific high school or
program to prepare
Might mean a work experience program
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Special Education: What You Need to Know
5 Most Important Self-Advocacy Tips
1.
Know Your Rights
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Be Aware of What Your Child Needs
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Bring a Supporter: Friend or Lawyer
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Keep a Record of What Happens
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Use Resources For Help
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Special Education: What You Need to Know
Questions????
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