Transcript Special Education

SPECIAL EDUCATION
IDEA Part B Requirements
Special Education
Special Education Services are authorized by the
Individuals with Disabilities Education Act (IDEA) of 2004.
IDEA was first passed in 1975 and has been amended
several times since
Special Education is not a place it is a………………
service.
Special Education is available to all children beginning at
birth to age 22.
SoonerStart Early Intervention Program (0-3)
Oklahoma’s early intervention program for children birth t0 three who
are eligible for services
Services are provided to children and families in their natural
environment
Services are at no cost to families
Services are provided through a contract between the Oklahoma State
Department of Education (OSDE) and the Oklahoma State Department
of Health (OSDH)
All children with a substantiated case of child abuse and neglect are
referred to SoonerStart for screening, evaluation, and services as
needed.
SoonerStart Eligibility Process
•Referral/Initial Contact
•Eligibility Determination (Cognition, Language, Motor,
Adaptive, and Social Emotional)
oTwo 25% delays in a child’s development
oOne 50 % delay in a child’s development
oAutomatic Qualifying Syndrome or Condition
oEligible or Not Eligible
Individualized Family Service Plan (IFSP)
Transition to local community services or the local public
school
Differences between Part C & Part B
PART B (3-22)
PART C (Birth-3)
Automatic Qualifiers
None
Certain
Conditions/Syndromes
Referral Requires Eval.
Review existing data;
Make determination
Yes
Provision of Services
LRE + Appropriate
IEP
IFSP
Yes
Free Appropriate Public Education (FAPE)
•Under the IDEA, FAPE is defined as an educational program
that is individualized to a specific child, designed to meet that
child's unique needs, provides access to the general
curriculum, meets the grade-level standards established by the
state, and from which the child receives educational benefit
•FAPE not intended to “maximize each child’s potential”
• Best vs. Appropriate
But what does FAPE actually mean?
FAPE requires that the quality of educational services provided
to students with disabilities be equal to those provided to nondisabled students.
In other words: Children with disabilities, regardless of their
ability level/functioning, are entitled, under federal law, to be
educated in the least restrictive setting available in the
neighborhood school at no charge to the families.
http://www.ncld.org/parents-child-disabilities/ld-rights
McKinney-Vento Act
The McKinney–Vento Homeless Assistance Act of 1987 (Pub. L.
100-77, July 22, 1987, 101 Stat. 482, 42 U.S.C. § 11301 et seq.) is a
United States federal law
Who qualifies under McKinney Vento Act?
•Children who are:
•Sharing housing with other people due to loss of housing
•Living motels, trailers parks, cars or camp grounds due to lack
of adequate accommodations
•Living in emergency/transitional shelters
•Abandoned in hospitals
•Awaiting foster care placement
Transportation and McKinney Vento
•Comparable services.
Each homeless child or youth to be assisted under this part
shall be provided services comparable to services offered to
other students in the school selected under paragraph (3),
including the following:
(A) Transportation services.
www.wrightslaw.com/law/vento.homeless
The Initial Evaluation Process Step by Step
Child Find
Screening or child study committees may identify children who should be
referred for an evaluation
Referral
A referral may be made by any source, including child study committee, school
staff, parent(s), or other individuals
Evaluation
Evaluations shall be completed within 45 school days of the parent signing
consent for evaluation
Eligibility
Eligibility for special education and related services must be determined within
45 school days from the date parents give consent
IDEA Requirements
Individualized Education Program (IEP)
An IEP must be developed within 30 calendar days from the
date of eligibility
Services
Services must be provided as soon as possible, following the
date the IEP is developed
Annual Review
The IEP must be reviewed at least once a year (or as needed)
Transfer Students
34 CFR § 300.323(e)
If a child with a disability who received special education and
related services pursuant to an IEP in a previous public school
and enrolls in a new school within the same school year, the
new school district (in consultation with the parents) must
provide FAPE to the child until the new school district either:
(1) adopts the child's IEP from the previous school
(2) develops, adopts, and implements a new IEP that
meets the applicable requirements in 34 CFR §§ 300.320
through CFR 300.324
IEP Service Agreements
Enforcing Individual Education Plans
What is the timeline for a new public agency to adopt an IEP
from a previous public agency or to develop and implement a
new IEP?
•Neither Part B of the IDEA nor the regulations implementing
Part B of the IDEA establish timelines for the new public
agency to adopt the child's IEP from the previous public
agency or to develop and implement a new IEP.
•Consistent with 34 CFR § 300.323(e) and (f), the new public
agency must take these steps within a reasonable period of
time to avoid any undue interruption in the provision of
required special education and related services.
Parent Participation
Pursuant to 34 CFR 300.501 (b), the 2006 IDEA Part B regulations
further provide as a procedural safeguard that:
The parents of a child with a disability must be afforded an
opportunity to participate in meetings with respect to -*The identification, evaluation, and educational placement of
the child; and
*The provision of FAPE to the child.
• 34 CFR 300.322 (a)(1) and 34 CFR 300.322 (b)(1) Parent Written
Notice
* ensure that parents of children with disabilities have the
opportunity to participate in meetings
Parent Participation Options
•Notify parent in writing (Written Notice Form 8)
•If parent is unable to attend, an alternate and mutually agreed
upon time must be afforded to the parents
•If parent is still physically unable to attend the meeting after
repeated attempts, some options may include, but are not
limited to:
•Phone conference
•Skype
•Video conference
Surrogates
•Under
34 CFR 300.519 (a), surrogate parents must be
appointed to protect a child's rights when:
*No parent (as defined in 34 CFR 300.30 ) can be identified;
*The public agency, after reasonable efforts, cannot locate
a parent;
*The child is a ward of the state under the laws of that
state; or
*The child is an unaccompanied homeless youth as defined
in section 725(6) of the McKinney-Vento Homeless
Assistance Act (42 USC Sec. 11434a(6))
34 CFR 300.519
The SEA must make "reasonable efforts to ensure the
assignment of a surrogate parent not more than 30 days after a
public agency determines that the child needs a surrogate
parent."
Response To Intervention (RTI)
•
General education initiative/ How is it implemented?
•
Not intended to delay evaluation
Parental Rights (Procedural Safeguards)
The right of parent(s):
• Inspect and Review their Child’s Educational Records
• Receive a complete explanation of all the procedural safeguards available
under IDEA
• Participate in meetings related to identification, evaluation, placement,
and provisions of FAPE
• Independent Educational Evaluation (IEE)
• Prior Written Notice
• Fully Informed Consent
• Use IDEA’s mechanisms for resolving disputes
• SEA or LEA Complaints
• Voluntary Mediation
• Due Process
Formal Written Complaints
•34 CFR § 300.151 Adoption of State complaint procedures.
•34 CFR § 300.152 Minimum State complaint procedures.
•34 CFR § 300.153 Filing a complaint
Formal Written Complaints
•The Oklahoma State Department of Education (OSDE),
Special Education Services (SES), will dismiss a
complaint without an investigation if:
•It includes no allegations of the Individuals with
Disabilities Education Act (IDEA) violations;
•It includes no timely allegations of IDEA violations; or
•It includes no facts to support the IDEA violations.
Mediation/Due Process
•SERC (Special Education Resolution Center)
•Voluntary Mediation
•SEA role
State Resources
•Special Education Automated System (SEAS)- Most districts
use SEAS to document IEPs and data requirements (electronic)
•Districts may use electronic transfer of records from one
district to the next. (LEA may need assistance in doing this
which we can provide)
•The Office of Special Education Services can facilitate a timely
transfer of student records.
IDEA and Discipline Policies
§ 300.530
School personnel may remove a child with a disability:
•Up to ten consecutive days/or 10 cumulative days in a school
year if team determines a pattern of behavior.
•Once a decision is made to remove a student for more than
ten days a Manifestation Determination meeting is required.
Meeting must take place within ten days.
Manifestation Determinations (MD)
• The MD review is an evaluation of a child's misconduct to determine
whether that conduct is a manifestation of the child's disability; and/or
• LEAs failure to appropriately implement the IEP
• The MD must be performed when a district proposes disciplinary
measures that will result in the change of placement for a child with a
disability. 34 CFR 300.530 (e).
• The MD analysis must be performed within 10 school days of the
change in placement that stemmed from an IDEA-eligible child's
violation of the code of conduct.
Exception to Discipline Rule
• LEA-Initiated Change in Placement Due to Weapons, Drug Possession, or
Serious Bodily Injury:
• Child with a disability may be removed to an interim alternative educational
setting for not more than 45 days without regard to whether the behavior is
determined to be a manifestation of the child’s disability, specifically:
• Carries or possesses a weapon at school or at a school function; or
• Possesses, uses, solicits, sells illegal drugs at school or at a school function; or
• Inflicts serious bodily injury upon another person while at school, on school
premises, or at a school function.
• Defined as: a substantial risk of death, extreme physical pain, protracted and
obvious disfigurement or protracted loss or impairment of the function of a
bodily member, organ, or mental faculty.