Transcript SPECIAL EDUCATION LAW - ELECT

SPECIAL EDUCATION LAW
BUILDING
BLOCKS
&
BASICS
Sallie Lynagh
Disability Rights Network of PA
Applicable Law
The PARC Consent Decree
Section 504 of the Rehabilitation Act of
1973
The Individuals with Disabilities Education
Act, or IDEA
Pennsylvania’s Chapter 14
The Americans with Disabilities Act
Relevant Cases, e.g. Oberti, Gaskin
IDEA: The Entitlement
The Individuals with Disabilities Education
Act entitles disabled children ages 3-21 to
a free, appropriate public education
(FAPE), which includes “special
education,” “related services,” and
“transition services” in the Least
Restrictive Environment (LRE).
Special Education
Specially designed programs that:
are provided at public expense
meet state educational standards
include an appropriate pre-school,
elementary, and secondary education;
are provided in conformity with an
Individualized Education Program (IEP).
Related Services:
speech/language
psychological services
physical/ occupational
therapy
recreation/therapeutic
activity
early identification and
assessment
counseling services
orientation and
mobility services
school health services
social work services
parent counseling and
training
transportation
medical services for
diagnostic and
evaluation purposes
Transition Services
Defined as a coordinated set of activities
for a student that promotes movement
from school to post-school activities,
including post-secondary education,
vocational training, integrated
employment, (including supported
employment), independent living, and
community participation.
In PA, transition planning begins @ age 14
Least Restrictive Environment
LRE requirement mandates that:
To the maximum extent appropriate, children
with disabilities are educated with children who
are nondisabled; and
Special classes, separate schooling, or other
removal of children with disabilities from the
regular educational environment occurs only if
the nature or severity of the disability is such that
education in regular classes with the use of
supplementary aids and services cannot be
achieved satisfactorily.
Who is Disabled Under IDEA?
mental retardation/
developmental delays
hearing impairments
speech or language
impairments
visual impairments
serious emotional
disturbance
orthopedic
impairment
autism
traumatic brain injury
specific learning
disabilities
multiple disabilities
other health
impaired
Evaluation Referral Process
A child “thought-to-be” disabled should be
referred for an evaluation.
A referral, in writing, can be made by a
parent, teacher, or other service provider.
The referral, delineating specific areas of
concern, should be sent to the child’s
school principal. KEEP A COPY.
The Evaluation Plan
The local education agency (LEA) should
issue a Permission to Evaluate Form to
the parent that explains each type of
assessment to be conducted. The LEA
has 60 calendar days, not counting
summer break, from receipt of the signed
permission to evaluate to complete the
evaluation process. The parent may
request a face-to-face evaluation
meeting.
The Evaluation Report (ER)
A statement of whether the child needs
special education services;
the basis for the determination;
relevant behavior noted during observation
of the child;
relationship of observed behavior to child’s
academic and social functioning;
The Evaluation Report (cont.)
educationally relevant health and
development information, including medical
findings;
for LD children, NO LONGER REQUIRED
TO CONSIDER DISCREPANCY
BETWEEN ACHIEVEMENT AND ABILITY
assessment of the effects of cultural,
environmental or economic factors.
Individualized Education
Program (IEP)
Developed within 30 days of evaluation report.
Team must include:
LEA representative
child’s special education teacher
child’s regular education teacher
parent(s)
an individual who participated in the
assessment & determined the child eligible
the child, if plan will include transition services
IEP TEAM ATTENDANCE
If the IEP team member’s area of
expertise not being discussed/modified,
team member need not attend if parent
and school agree.
If IEP team member’s area is being
discussed/modified, the IEP team member
may be excused if parent and school
agree in writing and if member’s written
input submitted prior to the meeting.
IEP Development
I.
II.
III.
IV.
V.
VI.
Special Considerations
Present Levels: Academic + Functional
Student Transition Services
Participation in State/Local Assessments
Goals and Objectives
Special Education / Related Services /
Supplementary Aids and Services /
Program Modifications
VII. Educational Placement
VIII. Penn Data/Least Restrictive Environment
LRE in Caselaw
Oberti v. Board of Education (3rd Circuit, ’93)
The school district must consider “the full range”
of supplementary aids and services during the
development of the IEP.
Four specific supplementary aids and services
the school district must consider:
Curriculum modification
Teacher training
Behavior support
Instructional assistant
Prior Written Notice:
Must be given to the parents of a child with a
disability a reasonable time before the public
agency—Proposes or refuses to initiate or
change the identification, evaluation, or
placement of the child or the provision of FAPE
to the child.
Content: A description of the action proposed
or refused; an explanation of why; evaluations,
etc. that serve as the basis; a statement of
protections; sources of assistance; a
description of other options considered; a
description of other relevant factors.
IDEA and Chapter 14
DISCIPLINARY
PROVISIONS
Behavior: Consideration of
Special Factors in Drafting the
IEP
The IEP Team shall, in the case of a
child whose behavior impedes his or
her learning or that of others, consider,
when appropriate, strategies, including
positive behavioral interventions,
strategies, and supports to address
that behavior.
Disciplinary Change in Placement
Exclusion of a student w/ a disability:
More than 10 days consecutively; or
More than 15 days cumulatively; or
When days 11-15 constitute a pattern of
exclusion; or
An exclusion of even one day for a student
with mental retardation.
Prior to a change in placement:
Written notice must be issued to the parent. If
family disagrees, the exclusion cannot take
place at that point…”Stay Put Rule”
Manifestation Determination must be conducted
by the IEP Team to determine if the student’s
misconduct was caused by, or was in direct and
substantial relationship to, the child’s disability
OR was a direct result of the LEA’s failure to
implement the IEP.
Functional Behavioral
Assessments & Behavioral
Intervention Plans
If the behavior was a manifestation:
The IEP Team shall conduct a functional
behavioral assessment and implement a
behavioral intervention plan for the child; or
If the child already has a plan, the IEP Team shall
review and modify it, as necessary to address
the behavior.
Provision of FAPE
For removals of more than 10 school days,
when behavior was not a manifestation of
disability, FAPE must be provided but may
be provided in an interim alternative
educational setting.
For students w/ MR: Services from Day 1
Exceptions to Expulsion Rules
Unilateral removal for drugs, weapons, and
serious bodily injury violations, whether or not a
manifestation of disability, can be for up to 45
school days to interim alternative educational
setting.
Parent must be notified with PSN, FAPE must
be provided, Manifestation Determination
conducted, Functional Behavioral Assessment,
Behavior Intervention Plan.
Serious Bodily Injury Defined
A bodily injury that involves 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
faculty.
Exceptions to Expulsion Rules
Dangerous Behavior: If school
personnel wish to change a child’s
placement because of dangerous
behavior that is a manifestation of that
disability, and the parents dispute the
proposal, the school may seek
permission from a hearing officer to place
the child in an alternative interim
educational setting for up to 45 days.
Hearing Officer must find that:
The school system has demonstrated that
keeping the child in the current placement
is likely to result in harm to that child or
others; AND
the school system has made reasonable
efforts to minimize the risk of harm; AND
the alternative interim educational setting
meets statutory requirements.
How to Resolve Disagreements
Informally
Talk with child’s teachers or other
school staff
Write to the principal and request an
appropriate meeting (evaluation
report review, IEP meeting, etc.)
Ask the school to agree to an IEP
Facilitation (ODR)
How to Resolve Disagreements
Formally
Division of Compliance Complaint:
– Legal Violations
– Form
Mediation:
– Free
– Voluntary
– No lawyers
Due Process Hearing:
– Usually lawyers (LEA must have one)
– Due Process Complaint Notice
– Resolution Session
If you need more help:
DRN’s website: www.drnpa.org
DRN’s intake number: 1-800-692-7443
Sallie Lynagh:
[email protected] or
1-800-390-1279