Transcript Parent Rights in Special Education

Parent Rights in Special
Education
The Individuals With Disabilities
Education Improvement Act of 2004
Michelle Fattig, Ed.S.
IDEA 2004
“I think the thing that you can pass along
better than anything else is your passion
for kids that need somebody to care about
what they need outside the system rather
than how they simply need to fit into the
system. Once somebody has the heart for
kids that are different, they won't break
any sort of law because they will be taking
such good care of what makes their own
life special.”
IDEA 2004
The new authorization of special education law,
which became effective in July 2005 called the
Individual with Disabilities Education
Improvement Act or IDEA 2004, allocates money
for Parent Training and Information Centers. The
reauthorization changes the original language of
the act to include the partial statement,
“strengthening the role and responsibility of
parents and ensuring that families of such
children have meaningful opportunities to
participate in the education of their children at
school and at home.”
IDEA Reauthorization
2004
• House Bill passed in April 2003
• Senate Bill passed in May 2004
• Conference Committee appointed in
October 2004
• Conference Bill passed in November 2004
• President signs the bill into law on
December 3, 2004
• Provisions took effect on July 1, 2005
except personnel requirements
NEW THEMES
• Access to the general curriculum in the regular
classroom
• Strengthening the role “and responsibility” of
parents
• Coordinating IDEA with “improvement efforts under
the Elementary and Secondary Education Act of
1965” and NCLB
• Scientifically based instruction
NEW THEMES
• “Parents and schools should be given
expanded opportunities to resolve their
disagreements in positive ways.”
• Understanding and involvement for parents!
“Meaningful participation”
• Providing incentives for whole school
approaches, to reduce the need to label
children as disabled in order to address the
learning and behavioral needs of such
children.
Parent Advocacy
• School can be a difficult place for any
student regardless of race, socio-economic
status, disability, or gender. Advocating
for a child with a teacher or school can be
a daunting task for any parent. When a
child has a disability, the experience can
be exponentially greater. Some parents
are upset about difficulties faced in
advocating for their child. This can be a
very trying situation!
Parent Advocacy
• Understanding the law, navigating
“the system,” or questioning the
professionals can leave a parent
feeling overwhelmed and under
qualified.
IDEA
IDEA is founded on the principle or ideal
that what a child requires in order to be
successful to the greatest extent
appropriate with regular education peers
may not necessarily be a “cookie cutter”
service plan. IEP teams should closely
evaluate, consider, and monitor services
determined appropriate for each child.
IDEA
Schools are required to offer a continuum of
services or alternative placements in order to
best meet the special education needs of all
children. These services or alternative
placements may include, but are not limited to:
supplementary aids and services; curricular
adaptations and accommodations; medical, speech
language, psychological, or social work supports;
and resource rooms, special classes, and special
schools.
FAPE
• A school must clearly demonstrate that a
free and appropriate public education
(FAPE) cannot occur within a regular
education classroom before alternative
settings may be considered.
• The courts interpret appropriate services
in meeting FAPE, not as the “Cadillac” of
services to meet all needs and wants fully,
but to be “reasonably calculated to enable
the child to receive educational benefits”
LRE
IDEA requires that children with disabilities be
educated in their Least Restrictive Environment.
LRE requires that children be educated with their
non-disabled peers to the greatest extent
appropriate. Students should be provided with
the LEAST amount of special education services
and supports needed in order for them to
progress with regular education peers in the
regular education setting and curriculum.
LRE
• The tricky part in determining LRE, is the term
appropriate. Each child has unique and individual
needs. What may be most appropriate for one
child may not be appropriate for another child.
• Sometimes a child needs a MORE restrictive
environment to meet his or her Least Restrictive
Environment mandate. In other words, sometimes
a child is unsuccessful with minimal supports and
requires more supports or a different placement
in order to be successful in his or her educational
placement.
Meaningful Participation
IDEA maintains emphasis on parental
involvement and participation.
Parents generally understand and
know the child better than anyone
else on the team. Schools are
expected to encourage and enable
active and meaningful involvement of
parents.
Parental Safeguards
• Parents of children with special education needs have many
federally protected rights.
• These rights are an important part of the federally
protected mandate and it is important to read the packet
fully and to ask any questions you may have about these
rights.
• As a parent, if you have any questions but are intimidated to
ask in front of a table surrounded by professionals,
consider asking other parents, the school psychologist,
principal, teacher, view online forums, or call the state
department for clarification.
Parent Rights
• Parents have the right to receive a
written notice within a reasonable
amount of time before the school
district PROPOSES or REFUSES to
initiate or change the identification,
evaluation or educational placement of
your child or the provision of a free
appropriate public education to your
child.
The notice of meeting
shall include:
– a description of the action proposed or refused by the
school district;
– an explanation of why the action is proposed or refused;
– a description a of each evaluation procedure, test, record,
or report used as a basis for the action proposed or
refused;
– a description of any other factors relevant to the school
district’s decision;
– a statement that you have protection under the procedural
safeguards set forth in the federal law, and the means by
which you may obtain a copy of a description of those
procedural safeguards; and
– sources for you to contact to obtain assistance in
understanding your rights.
A copy of the procedural
safeguards must be given to
the parent, at a minimum:
• one time per year,
• upon initial referral or parent request
for evaluation
• at parent request; and
• upon filing for a due process hearing.
The school district must take steps to
ensure that the parent understands the
information provided in the notice.
Consent means:
• That a parent has been fully informed in his or her
native language or other mode of communication of all
information relevant to the activity for which consent is
sought;
• that a parent understands and agrees in writing to the
activity for which his or her consent is sought;
• there is a description of the activity and lists of records
(if any) which will be released and to whom; and
• that written consent is voluntary and may be revoked at
any time.
Consent
• Written consent must be obtained
before a school district conducts
an initial evaluation or reevaluation
for a student and before the
district makes an initial placement
into a special education program
Consent
• Consent for an evaluation will not
be construed as consent for initial
placement.
• Consent may be withheld,
withdrawn, or revoked at any time.
Reasonable Effort
If a school district has attempted to
obtain your consent for a reevaluation
with no response, the district may
conduct the evaluation without consent,
provided that the school district can
demonstrate that it had taken
reasonable efforts to obtain consent and
failed to gain a response to the
requests.
Records
Parents or guardians have the
right to inspect and review all
education records with respect to
the identification, evaluation, and
educational placement of their
child and the provision of a free
appropriate public education.
Parent Rights Forms
Individual states may have slightly
different language. Most will
probably be revised following the
implementation of IDEA 2004.
ELIGIBILITY, IEP, &
PLACEMENT
Evaluation
-60 school day timeline for completion of
evaluation from time of consent for ages
3-21
-Timeline relaxed for transfer students as
long as receiving district is making
sufficient progress to insure a prompt
completion of the evaluation and parent
knows when it will be completed.
ELIGIBILITY, IEP, &
PLACEMENT
Reevaluations
-Conducted in language and form most
likely to yield accurate information
Frequency
-Not more than once a year (unless school
and parent agree otherwise)
-At least every 3 years unless parent and
school agree that a “reevaluation
is unnecessary”
ELIGIBILITY, IEP, &
PLACEMENT
Evaluations before change in eligibility
-When exiting for purposes of maximum age
eligibility or graduation with a regular diploma
a reevaluation will not be required
-LEA shall provide a summary of the student’s
performance and academic achievement to assist
in meeting the student’s postsecondary goals.
ELIGIBILITY, IEP, &
PLACEMENT
Individualized Education Programs (IEPs)
-Present levels of “academic achievement and
functional performance”
-Annual goals must include “academic and functional
goals”
-Short-term objectives/benchmarks not always
required
-Only for those children who take alternative
assessments to be aligned to alternate standards
ELIGIBILITY, IEP, &
PLACEMENT
Contents of IEP
-Description of how progress toward goal will be measured and
when reported
-Statement of Special Ed Services
-“Based on peer-reviewed research to the extent practicable”
-Appropriate accommodations in district-wide assessments
-Why students can’t participate in regular assessments
-Why alternate assessment is appropriate
-What alternate test the student will take
ELIGIBILITY, IEP, &
PLACEMENT
Contents of IEP (cont.)
-Statement on participation in regular
classes and curriculum
-Transition Services
“Appropriate measurable post-secondary
goals” based on age-appropriate
transition assessment must be included
in the first IEP to be in effect when the
child is 16”
ELIGIBILITY, IEP, &
PLACEMENT
IEP Team Attendance
• A member of the IEP team may be excused from the
meeting if the parent and district agree in writing that
attendance isn’t necessary because the member’s area of
curriculum isn’t being discussed or modified.
• If a member’s area of curriculum is being modified or
discussed, that member may be excused, provided they
submit written input prior to the meeting.
• Their excusal must be agreed to in writing by the parent
prior to the meeting.
IDEA 2004 Changes
• IEP may be amended between the annual
review meetings without calling an IEP
Team meeting if agreed to by the parents
and LEA
• IEP Amendment shall be in writing
• The parent shall be given a revised IEP
with the amendments incorporated
Behavioral Intervention
Plans
• If behavior impedes his/her learning
or that of others, IEP must include:
• Positive behavior interventions
• Strategies
• Supports
Functional Behavioral
Assessment
• IEP Team, after 10 school days of
disciplinary removal, meets to either:
– Develop a functional behavioral assessment
plan if a FBA was not previously conducted
Or
- Review the behavioral intervention plan as part
of the IEP to determine what, if any, revisions
are necessary
Change of Placement
Procedures (Behavioral)
• Notify parents of their rights
• Conduct a manifestation determination
• Plan for services starting no later than the
11th cumulative school day of removal
Manifestation
Determination
• IEP Team convened with school
psychologist as a member
• Determination made no later than 10
school days after determination of
disciplinary sanction
• Review information provided by parents
and other evaluation information
Manifestation
Determination
• Manifestation if behavior is caused by or
directly resulting from the disability or
failure to implement the IEP
• If manifestation, revisit FBA,
implement/revise BIP, return to last
placement unless otherwise agreed to
• Disciplinary removals not permitted
• Services are provided
No Manifestation
• Student is subject to the regular
disciplinary process of the school
• Services must be provided no later
than the 11th cumulative school day of
removal in the school year
Students Not Yet
Eligible
• Basis of Knowledge:
– Parent expressed concern in writing regarding
need for special education
– Parent requested an evaluation
– Behavior/performance demonstrated need for
special education; or
– School personnel expressed concern about
behavior or performance in accord with the
special education referral system
IDEA 2004 Changes
• Procedural Safeguard Notice provided:
– Once per year
– Initial Referral
– Request from Parent
– Due Process Complaint
Independent Educational
Evaluations
• Anytime at parent expense
• At public expense if parent disagrees with
district’s evaluation
• District must pay or initiate a Due Process
hearing
• Team must consider the IEE
Stay Put
• Unless otherwise agreed to, student
remains in the last current placement
• Exceptions
– Dangerousness
– Final Hearing decision agrees with parents that
a change of placement is necessary
IDEA 2004 Changes
• Interim Alternative Education Settings
are up to 45 school days unless parents
agree to extend
• Adds “inflicting serious bodily injury” as
grounds for IAES
– Showing of substantial risk of death, extreme
physical pain, protracted/obvious
disfigurement,
protracted loss/impairment of a bodily member
or organ/ mental faculty
Interim Alternative
Educational Setting (IAES)
• Student possesses or carries a dangerous
weapon to school or a school function
• Student knowingly possesses or uses an
illegal drug
• Student sells or solicits a controlled
substance
IAES for Safety Reasons
• Determination by Hearing Officer or
Court
• Standard
Burden of proof on the school to show by a
substantial evidence that:
• Student’s return is substantially likely to result in
injury to self or others;
• Current placement is appropriate; and
• School made reasonable efforts to minimize the risk
of harm to self/others
IAES
IEP Team determines services and
placement
– Services that afford opportunity to
participate in the general curriculum
– Services called for in the IEP as
adapted by team
– Services to address the behavior
In School Suspensions
Does not count as a day of suspension if:
• Student is afforded the opportunity to
progress in the general education curriculum
• Student is provided their special
education/related services
• Student participates with non-disabled
peers to the extent they would in their
regular placement
Other Disciplinary
Considerations
• Portions of a day in which the student
must be removed must be accounted for
(cumulative counts!)
• Bus suspensions are deemed a removal if:
– Transportation is listed in the IEP
– No alternate transportation has been offered
Curriculum Based Decision Making
with Response to Intervention
(RTI)
• Focus on early intervention and prevention in
general education
• May be used at the district, school, grade,
class, small group and individual level
• The process may or may NOT lead to special
education referral
• Assessment and data-based decision-making
are critical components
Additional Information
Parent Training and Information Centers are
designed to serve families of children with
disabilities from birth to age 22. The centers
work with families in obtaining appropriate
education services and in training parents and
professionals. Each state has at least one parent
center. The centers help resolve conflicts
between parents and other agencies or schools,
and provide a connection for children with
disabilities to the community resources needed.
http://www.taalliance.org/centers/
Reference
• IDEA 2004: Individuals with Disabilities
Education Improvement Act: A Parent
Handbook for School Age Children with
Learning Disabilities
By ShelleySmith(2005)
www.parentrightsidea2004.com