Transcript Special Education Presentation - Duke University School of Law

Legal Rights of
Children with
Disabilities
Special Education
Early Intervention Services
Special Education
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Federal and state laws provide certain
services, free of charge, to preschool and
school-age children with disabilities
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Ages 3 – 21
Coordinated through Exceptional Children’s
Division in each public school district
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Durham: 919-560-3774
Begins with free, multidisciplinary
evaluation within 90 days of referral
Eligible children qualify for an IEP –
Individualized Education Program
Special Education
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Eligibility
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Child must have a disability that
interferes with educational progress
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As a result of the disability, the child
must need special education (i.e.,
specialized instruction and related
services)
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Disability must fit in one of the 13
eligibility categories
Special Education Categories
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Autistic
Seriously emotionally
disabled
Deaf-Blind
Hearing impaired
Multi-handicapped
Intellectually disabled
Orthopedically impaired
Developmentally
delayed (up to age 8)
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Other health impaired
(includes ADHD)
Specific learning
disabled (includes
dyslexia)
Speech/language
disabled
Traumatic brain injured
Visually Impaired
“Other health impaired”
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A disability category that includes any –
 Chronic or acute health problem that
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Results in limited strength, vitality, or alertness OR a heightened
alertness to environmental stimuli, and
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Adversely affects a child’s educational performance
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Examples: attention deficit hyperactivity disorder, asthma, diabetes,
epilepsy, a heart condition, hemophilia, lead poisoning, leukemia,
nephritis, rheumatic fever, sickle cell anemia, Tourette syndrome
A medical evaluation is needed for determination of eligibility for
this category
The Basic Promise
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All children with disabilities
are entitled to -
A “free, appropriate,
public education”
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In the “least restrictive
environment”
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Pursuant to an
Individualized Education
Program (IEP)
What is a “FAPE”?
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A “free, appropriate public education”
is
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Special education (i.e., specially designed
instruction to meet the unique needs of the
child); and
related services (such as transportation
and specialized therapies)
that allow the child to make reasonable
educational progress
-- in academics, socialization, adaptive skills,
language and communication, and behavior
What is the “least restrictive environment”?
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The LRE is the setting in which children with
disabilities may be educated with typical children
to the maximum extent possible
What is an IEP?
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IEP is “blueprint” for the child’s special
education
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Contains annual goals
Specifies how much/what kind of special
education student will get
Specifies the setting in which the services
will be delivered
Specifies accommodations
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IEP must be written by a team of persons
knowledgeable about the child and the
child’s needs, including parents
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IEP must be revised at least once a year
The Special Education Process
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Child must be “referred” to be evaluated for
possible special education services
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Referral: in writing, dated, addressed to
principal, state reason for referral in terms
of lack of educational performance
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Child can be referred by the parent or an
educator
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If a medical provider sends a letter of
concern, the school district has 30 days to
decide whether to move forward with a
referral
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The parents must agree for the evaluation
to proceed
The Special Education Process
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Initial evaluation is usually
conducted by a school
psychologist
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Parent may wish to submit
information from treating
physician to supplement
evaluation
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“IEP Team” -- parent & relevant
school personnel – make
decisions about eligibility and
child’s individualized education
program
Special Education Process
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Parents have the right to
challenge decisions of the IEP
team
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Eligibility
Amount & duration of services
Placement in LRE
Discipline
Legal team can represent
parents in IEP disputes
Case examples
Jeremy – age 9 – fourth grade
 average intelligence
 Asperger’s syndrome
 regular behavioral problems; “meltdowns”
 Can function in a regular classroom with an aide available to
interpret for him, calm him
 New classroom – no aide
 He spirals down, both behavior and academic performance
worsen
Jeremy has a legal problem: he is not getting appropriate
services in school that allow him to make educational progress.
Advocacy can help him get the classroom aide that will allow him
to make progress.
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Case examples
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Denise, age 13,
severely visually impaired
secondary to albinism
Been in special ed since kindergarten
Academic level is 1st-2nd grade level, and has been for the
last several years; she can barely read or do even
elementary math
Denise has a legal problem. She needs new
evaluations to determine why she isn’t learning, and
specialized services to allow her to make
reasonable academic progress
What’s a “504 Plan”?
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A plan for students with
disabilities that don’t qualify for
special education
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Child doesn’t need “specialized
instruction”
Child does need accommodations in
regular classroom and for testing,
such as - Preferential seating
 Testing in separate room
 Accommodations for physical
disabilities
“504 Plans”
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Based on federal antidiscrimination law
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Guarantees students full access to
the educational facilities and
programs
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Tend to be less formal and less
structured than IEPs
Special Education Screening Questions
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Watch for children with—
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Autism, ADHD, mental retardation, learning disabilities,
depression, bi-polar disorder, communication difficulties, other
disabilities
ASK –
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Is your child making good progress in school and passing End-ofGrade tests?
Does your child have an IEP or 504 Plan?
Have you had any trouble getting your child appropriate services
in school?
Does your child have any behavior problems at school?
Referral to legal team
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Child with disability has not been evaluated
for special education (note especially preschool children, ages 3-5)
Child’s parent expresses concerns about
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Lack of educational progress
Lack of, or inappropriate, special education
services
Frequent suspensions from school
Referral to legal team
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Lawyers can - Provide advice
 Negotiate with school personnel
 Accompany parents to IEP meetings
 Represent parents in dispute resolution forums
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Mediation
Administrative hearings
Can achieve goals such as:
 different classroom placement;
 behavior intervention services;
 additional OT, Speech services, PT;
 reversal of suspensions;
 specialized reading instruction;
 modification of testing setting
Early intervention services
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Federal and state laws provide certain
services, free of charge, to infants and
toddlers with disabilities
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Birth to age 3
Begins with free, multidisciplinary evaluation
within 45 days of referral
Coordinated through Children’s
Developmental Services Agency
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919-560-5600 in Durham
Eligible children qualify for an IFSP –
Individualized Family Service Plan
Child Service Coordinator will help family
access array of services (which may involve
fees)
Early intervention services
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Eligibility
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Developmental delay
 Cognitive development
 Physical development
 Communication development
 Social-emotional development
 Adaptive development
2.0 standard deviations below the mean
on one or 1.5 SD below on two; or
30% delay on one, or 25% delay on two
(when scores are in months)
Early intervention services
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Eligibility
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“Established Conditions”
 Congenital anomaly (fragile X, Down
syndrome, fetal alcohol syndrome)
 Congenital infections
 Autism
 Attachment disorder
 Hearing loss (permanent)
 Visual impairment (not correctable)
 Neurologic disease (Spina Bifida,
CP, epilepsy, Microcephaly)
 Neonatal conditions
Early intervention services
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Legal problems are rare
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Parents have right to challenge
decision regarding timely evaluation,
eligibility, or services offered through
the IFSP
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Parents can be assisted by lawyer in
mediation or administrative hearing
process to challenge decisions
Early intervention services
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Screening questions
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For parents of child with developmental delay
or one of established conditions –
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Have you been to Children’s Developmental
Services Agency (CDSA)? (115 Market St.
downtown Durham)
Do you have an Individualized Family
Service Plan (IFSP)?
Is your child getting services (therapies,
assistive technologies, audiology, family
training, social work, etc.)
If answers suggest problems, refer to legal
team
Referral to legal team
Fill out referral form
http://law.duke.edu/partnershipforchildren/referr
als.php
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Fax to Duke Clinic