Transcript Federation for Children with Special Needs

Turning Three
Produced by the Parent Training and Information project at the Federation for Children with Special Needs,
supported in part by grant #H328M040001 from the
U.S. Department of Education, Office of Special Education Programs
and in part by the Massachusetts Department of Education
Federation for Children with
Special Needs
Parent Training and Information
Project
Boston MA: 800-331-0688
Central MA: 508-798-0531
Western MA: 413-323-0681
www.fcsn.org
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The Turning Three Workshop
will help you
• Transition your child from EI to Preschool
• Learn about special education law and
timelines
• Understand your rights and
responsibilities under special education law
so you can become a more effective
advocate for your child
• Become involved in your child’s education
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Transition Your Child
From Early Intervention to
Preschool
Early Intervention to
Special Education
• Early Intervention professionals and
school professionals will work together to
help parents through this transition.
• Services may or may not look the same
due to the differences between EI and
preschool.
• Not all children in EI will be eligible for
Special Education.
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The IFSP:
Transition Steps
• The IFSP shall list what needs to be
done to support the child’s move to
preschool or other services
• At least 6 months before leaving EI,
the IFSP must include a plan for
transition to school or another
setting.
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IFSP: Transition Steps
Notification of the
School District
The Early Intervention Program must
notify the school district that the
child will be turning 3 and may need
preschool services.
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The IFSP:
Transition Steps
The IFSP describes:
1. Talks had with parents about future
services and any parent training or
information needed to be shared
2. What is needed to help the child adjust
to a new setting
3. With parent permission, what
information about the child will be
shared with the school or other setting.
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EI Transition Conference:
A Meeting that is NOT the
IEP meeting
If the child will probably be eligible for
preschool:
EI hosts a meeting for the family and
school to discuss the services that might
be needed.
This must happen between 2.3yrs-2.9yrs.
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Differences between
Eligibility for EI and
Preschool
EI
Preschool
Child with
• an “established delay” which is
defined as:
• a 25% delay
• in at least one area
• according to the DPHapproved Early Intervention
Developmental ProfileMichigan evaluation tool.
Child with
• a disability
• who will not be able to
participate and progress
in preschool due to the
disability
• and who needs specialized
instruction in order to
participate and make progress
or who needs related service
in order to access the general
preschool curriculum
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Other Differences between
EI and Preschool
• Family Focus
• DPH funding
• IFSP
• Child Focus
• DOE funding
• IEP
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Learn about Special
Education Law
Federal and State
Federal Special Education
Law
Individuals with Disabilities Education
Improvement Act (IDEA 04)
IDEA 2004 is the Federal Special Education Law.
• Part B addresses Special Education.
• Part C addresses Early Intervention.
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Six Principles of IDEA
1.
2.
3.
4.
Parent and Student Participation
Appropriate Evaluation
Individualized Education Program (IEP)
Free and Appropriate Public Education
(FAPE)
5. Least Restrictive Environment (LRE)
6. Procedural Safeguards (Due Process)
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Massachusetts Special
Education Law
• Massachusetts Special Education Law
is commonly referred to as “Chapter
766”
M.G.L. c. 71 B
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Federal Civil Rights Laws
• Section 504 of the Rehabilitation
Act of 1973
Commonly referred to as “Section
504”
• Americans with Disabilities Act
(ADA)
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Federal Education Law
• The Elementary and Secondary Education
Act as reauthorized is now The No Child
Left Behind Act 2001 or NCLB.
• Guiding Principles under NCLB are:
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Accountability
Focus on What Works
Reduce Bureaucracy and Increase Flexibility
Empower Parents
Contact Parent’s PLACE at FCSN for more
information
www.pplace.org
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Massachusetts Education
Reform
• Education Reform is part of a national
educational reform movement to improve
the quality of education.
• Massachusetts Curriculum Frameworks
were developed as educational standards
for all students.
• There are preschool curriculum
frameworks www.eec.state.ma.us/docs/TAGuidelines
ForPreschoolLearningExperiences.pdf
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The Special Education
Process
•
•
•
•
Referral
Evaluation
Team Meeting regarding Eligibility
Development of Individualized Educational
Program (IEP)
• Progress Reports and an Annual Review
Meeting
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The Full IEP Process
Referral
Revised 9/05
Evaluation
*Progress Reports
Placement
Eligibility
IEP Development
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*As often as report cards
Timeline:
By 2 years 6 months
The Special Education
Evaluation Process:
Timelines Before the IEP Team
Meeting
Referral: Early Intervention will help parents to
refer the child to the public school by age 2
years 6 months.
Consent: After the referral is made, parents should
receive a consent form within 5 school days.
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Referral: Advocacy Tips
• If you do not receive a consent form,
request one in writing.
• Once the consent form is signed, the
timeline begins.
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The Special Education Process:
More Timelines
Before the IEP Team Meeting
Evaluation: Within 30 school days of
written parental consent,
credentialed trained specialists from
the school evaluate the child unless
parents request that EI evaluations
be used to avoid over testing.
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Pre-assessment
Discussion:
•
•
•
•
Parents have a chance to talk to the special
education administrator or his/her representative
to discuss:
Concerns and/or information about the child
Reasons for the referral
Content of the evaluation
Who the evaluator will be
Advocacy Tips:
1. Agree some or all of the proposed assessments
2. Ask for additional assessments
3. Ask the school to accept an outside evaluation
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Referral and Evaluation:
• School districts cannot refuse to evaluate.
• Written documents must be in the parent’s primary
language.
IDEA 2004: Assessments and evaluation forms must be
“provided and administered in the child’s native language
or other mode of communication and in the form most
likely to yield accurate information on what the student
knows, can do academically, developmentally, and
functionally, unless it is not feasible to provide or
administer.”
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Required Assessments
• Specialist assessment: an assessment in
all areas related to a suspected disability.
Examples: a functional behavioral
assessment and an assistive
technology assessment
• Educational assessment: an assessment by
an educator that includes information
about pre-academic skills for
preschoolers.
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Optional Assessments
• Health Assessment: an assessment to identify any
medical problems.
• Psychological Assessment: an assessment to
consider child’s learning abilities and style in
relationship to social/emotional skills.
• Home Assessment: an assessment of family
history that may affect the child’s learning.
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The Law Says
• Begin evaluation at age 2½ so services
start by age 3.
• Use of EI observations and evaluation
information is recommended, to avoid
over-testing.
• Review existing data and determine if
additional data is needed.
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Prior to the Team Meeting:
Advocacy Tips
• Make a written request for copies of
evaluation reports including
recommendations. 603 CMR 28.04 (2) (C)
• You have a right to receive copies at least
2 days prior to the team meeting.
• Provide in advance any reports you wish
the Team to review for the meeting.
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Timeline:
By age 2 years 9 months
At The Team Meeting
The Team should meet 90 days before
the child’s third birthday and within 45
school days of written parent consent to
review evaluation results to determine:
Eligibility
IEP Services
Placement
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IEPTeam Members
Advocacy Tips
•
•
•
•
You have a right to know who will attend the
Team as members.
As a courtesy, let the school district know if
you are bringing someone.
A parent can bring independent evaluators,
outside professionals, a friend, a family
member, or an advocate
Alternatives to physical meetings are allowed
such as videoconferences, conference calls or
virtual meetings.
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The Special Education Team
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Parent of a child with a disability
Not less than one special education teacher
Not less than one early childhood coordinator
District representative who can commit resources
Person who can interpret evaluation results
Others at the discretion of the parent or school
Child when appropriate
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Team Members
• May include other individuals at the
discretion of the parent or local school
district
• May include related service providers such
as occupational therapists, physical
therapists, speech and language
pathologists
• May include EI staff if before third
birthday
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When an IEP Team Member
Need Not Attend
IEP team members are not required to attend part
or all of an IEP Team meeting
If the parent of a child with a disability
and the school agree, in writing, that
The attendance of the member is not necessary
because this person’s area of the curriculum or
related services is not being modified or
discussed in the meeting.
[IDEA 2004: CFR 300.321]
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When an IEP Team
member may be excused
When the meeting does require a particular member’s
expertise
• This member may be excused from attending part or all of
the Team meeting
• If the parent and the school agree in writing
• And the member submits, in writing, to the parent and
the IEP Team, input into the development of the IEP
prior to the meeting
[IDEA 2004: CFR 300.321]
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Eligibility Requirements
1. Does the child have a disability? What
type?
2. Is the child not making effective
progress in preschool due to the
disability?
3. Does the child require specialized
instruction to make effective progress
or require related services in order to
access the preschool curriculum?
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Does the Child Have a
Disability? What Type?
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Autism
Developmental Delay
Intellectual Impairment
Sensory Impairment: Hearing/Vision/DeafBlind
Neurological Impairment
Emotional Impairment
Communication Impairment
Physical Impairment
Health Impairment
Specific Learning Disability
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Is the Child Not Making Effective
Progress in School
Due to the Disability?
Effective progress is documented growth:
• in knowledge and skills (including
social-emotional skills)
• in the preschool program
• with or without accommodations
• according to the chronological age and
developmental expectations
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Is the Child Not Making Effective
Progress in School
Due to the Disability?
Effective progress is documented growth:
• according to the individual educational
potential of the child
• according to the learning standards of the
MA Preschool Curriculum Frameworks and
the local preschool curriculum.
• not determined but advancing from grade
to grade
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For reevaluations: Would the student
continue to make progress in school
without the provided special
education services?
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Does the Child Require Specially
Designed Instruction
to Make Progress?
– Modifying, as appropriate to the needs
of a child, the content, the
methodology/the delivery of instruction
or the performance criteria
– To address the unique needs of the
child related to the disability
– To ensure access to the preschool
curriculum
– In order to meet preschool standards.
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Special Education is Specially
Designed Instruction
• At no cost to parents
• To meet the unique needs of the child with
a disability
AND/OR
• Related services necessary to access the
preschool curriculum
• Continuum of placements required
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Or Does the Child Require Related
Service in Order to
Access the General Curriculum?
•
•
•
•
•
•
•
•
Assistive technology
Audiology services
Counseling
Interpreting services
Medical services
Occupational therapy
Orientation and mobility
Parent counseling and
training
• Physical therapy
• Psychological services
• Recreation
• Rehabilitation
counseling
• School health and
school nurse services
• Social work services
• Speech and language
pathology services
• Transportation
• Other services with
the exception of a
medical device that is
surgically implanted
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Related Service: Advocacy Tip
The child can qualify for an IEP
even if he/she only needs one or
more related service to access
the general curriculum.
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Timelines After the
Team Meeting
•
•
The parent will receive the final IEP
within 3 to 5 days after the Team
meeting.
Parents decide: The parents respond to
the proposed IEP services and placement
within 30 calendar days of the receipt of
the IEP.
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Parent Responses to the
IEP
IEP Response Options
•
•
•
Accept IEP in Full
Never Reject First
IEP in Full
Reject IEP in Part
Placement Form
Response Options
• Accept Placement
• Reject Placement
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Advocacy Tips:
Reject in Part
1. You can reject the lack of services.
2. Portions not rejected are accepted
and implemented.
3. You can reject in part at any time
after you sign in full.
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Placement
• Placement is a team decision made after
the IEP is written
• Placement is determined by the needs of
the child
• Placement can include inclusive home,
public school, Head Start, or licensed child
care settings or substantially separate
programs.
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Programs for young
children
• Programs need to be available for eligible
3 and 4 year old children
• Programs need to be developmentally
appropriate and specially designed
• Placement may or may not be in the public
school
• Programs may be inclusive or substantially
separate depending on the needs of the
child
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If Child is Found Not Eligible:
Advocacy Tips
• Parents are notified in writing within 10 days.
• The school district may agree that the child has a
disability and offer a Section 504 plan.
• Parents can reject the finding of no eligibility and
request an independent evaluation.
• Parents can request a re-determination of eligibility
meeting after the independent evaluation.
• A child dropped from an IEP has stay-put rights.
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Advocacy Tip:
Independent Evaluations are Key
• If the parent disagrees with the
team about eligibility, program,
placement, or services, the parent
should request an independent
evaluation.
• The Team must reconvene to
consider an independent evaluation
within 10 school days.
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Independent Evaluations
• The parent can pay or use insurance for an
independent evaluation.
• The parent can ask the school district to
pay and choose the evaluator.
• The school district only pays the rate set
by the state unless the “unique
circumstances of the child” require
additional hours of testing.
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Independent Evaluations
under State Law
• The parent needs to request the
independent evaluation within 16
months of the school’s evaluation.
• There is a voluntary cost-sharing
program with a sliding scale fee
based on income. The family is asked
to provide financial information.
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Independent Evaluations
under Federal Law
• If families are not financially eligible, or
decline to participate, or request
evaluation in area not assessed by the
school, the federal law supercedes the
state law.
• There is then no sliding scale, no time
limit.
• The district either agrees to pay or begins
an appeal through BSEA within 5 days to
show that their evaluation was
“comprehensive and appropriate.”
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Reconvening the Team:
Advocacy Tips
• After the Independent Evaluation is
completed, the Team meets to consider
the results and discuss how to include the
results in the IEP.
• This is a good opportunity to informally
resolve any areas of disagreement.
• If this meeting is unsuccessful, the next
step is due process through the Bureau of
Special Education Appeals.
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Appeals
At the Bureau of Special Education Appeals,
there are a number of options, including:
1. Mediation (may be requested at any
time)
2. Advisory Opinion
3. Hearing (resolution session first)
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Timeline:
By Age Three
By Age Three
Services begin: If the parent
agrees with the proposed IEP, the
services begin in full at age three.
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Timelines
After Services Begin
Progress reports: Parents receive
progress reports quarterly
Annual review: At least annually, the
team reviews and rewrites the IEP.
Reevaluation: Every three years the
school reevaluates the child.
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If the IEP Process is not followed or
services are not provided as agreed then
contact the
Massachusetts Department of Education
Program Quality Assurance
781-338-3700
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If you need help for your
child with behavioral issues
Call the
Federation for Children with Special Needs
800-331-0688
We can help you :
• Obtain a functional behavioral assessment
• Respond to repeated suspensions and/or
expulsions
• Understand a manifestation determination
meeting
• Request positive behavioral supports on your
child’s IEP and school-wide positive
behavioral supports.
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See the Value
In Your Involvement with Your
Child’s School
Parent Professional
Partnership
• Parents who are involved in their
children’s education have children
who do better in school.
• Your child’s school values your
involvement.
• Partner with them to work together
for the very best results for your
child.
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You Can Become Involved
Through
– Providing the best learning environment at
home
– Working toward open and honest
communication between home and school
– Volunteering at your child’s school
– Helping your child learn at home
– Making decisions at Team Meetings, Special
Education Parent Advisory Councils, School
Councils, and School Committees
– Finding community resources for your child
and your school
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Resources
Every school district in Massachusetts is required
By law to have a Parent Advisory Council or PAC.
Call your school district to learn more about the PAC
in your community.
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