SPECIAL EDUCATION BASICS

Adrienne Volenik Education Rights Clinic University of Richmond School of Law 804-289-8921

Resources

Federal Statute 20 USC § 1400 et. seq.

Federal Regs. 34 CFR § 300.1 – 300.537

State Regulations http://www.doe.virginia.gov/special_ed/re gulations/state/regs_speced_disability_v a.pdf

Resources

Parent ’s Guide http://www.doe.virginia.gov/special_ed/pa rents/parents_guide.pdf

Parent Advocacy Information http://www.wrightslaw.com/

Topics for Today

  Eligibility IEPs     Notice and Process Team Members and participation Content Disagreements

Child with a Disability

(i)

with intellectual disabilities, hearing impairments (incl. deafness), speech or language impairments, visual impairments (incl. blindness), serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities;

AND

Child with a Disability



AND (ii)

who, by reason thereof, needs special education and related services.

Eligibility

 Process begins with referral

Referral Process

: Child Study Team    Referral for evaluation may be made by parent, SEA, LEA, other state agency (1414(B)) to principal or designee or Any source ( 8VAC20-81-60 ) Determine eligibility within 65 business days of receipt of referral

Evaluation

    Requires informed parental consent Non-discriminatory, valid testing Comprehensive to identify all of a child ’ s needs Results to parent at least 2 business days before eligibility meeting

Eligibility

  Parents are entitled to participate Parental consent required to find child eligible for services

Parents Can Refuse Consent

Sec. 1414(a)(1)(D)  For initial evaluation, LEA can seek override unless inconsistent with state law.

IEP Process

  IEP to be developed w/in 30 calendar days of eligibility determination.

IEP to be in effect at the beginning of the school year.

IEP Notice

      8 VAC 20-81-110(E) In writing (telephone & in person must be documented) Purpose, date, time, location Who will attend Others with special knowledge may attend Early enough so that parents can attend Mutually agreed on time and place

Presence of Parent

   8 VAC 20-80-62(D) LEAs to take steps to ensure parental attendance Can use speaker phones or conference calls Can occur without parents if LEA documents efforts to get parents there (record of attempts to arrange mutual time and place)

Taping IEP Meetings

     Audio tapes

shall

be permitted Give advance notice in writing Without notice, must provide copy of the recording to LEA (part of record) Must provide own recording equipment LEA can prohibit video tapes but must allow exceptions to implement parental rights

Individualized Education Programs

   Written statement Developed, reviewed, revised at least annually School personnel can develop a draft in advance of the meeting (ideally shared in advance of the meeting)

IEP Content

 PLOP (present level of academic and functional performance) (Sec. 1414) should drive the IEP   How disability affects involvement in gen ’ l ed. curriculum/ appropriate activities Every goal should flow from the IEP

IEP Content (cont.)

 Measurable annual goals (academic and functional) designed to   meet needs resulting from disability to enable child to be involved and make progress in the general curriculum meet other educational needs that result from disability

IEP Content (cont.)

  Description of how progress will be measured (specific tests?) When periodic reports of progress on annual goals will be made

IEP Content (cont)

  Special education and related services and supplementary aides and services to be provided to or

on behalf of child,

and Program modifications or supports for school personnel that will benefit the child

IEP Content (cont)

 LRE – the extent to which the child will be educated and participate with other children.

IEP Content (cont)

   Projected start dates for services plus frequency, location, and duration At 14, measurable postsecondary goals based on transition assessments related to training, education, employment & independent living skills Transfer of rights notice beginning one year before transfer.

IEP Team

Sec. 614     Parents Not less than 1 regular ed teacher of child if child is participating in reg. ed.

Not less than one sp. ed teacher of child LEA rep. who can supervise sp. ed., is knowledgeable about gen ’ l. ed. curriculum and LEA available resources

IEP Team

   Someone who can interpret instructional implications of evaluation results Those with knowledge or special expertise regarding child, at discretion of parent or agency When appropriate, the child.

IEP Attendance

   Parents & school can agree to excuse members when their areas are not being considered Can excuse others by agreement when consultation occurs before IEP meeting Agreement to be in writing

IEP Changes

   Can be made without meeting

by agreement

Do not require complete rewriting Can revise to address lack of progress, new evaluations, changes in needs

Consenting to IEPs

  For service provision, LEA shall not provide services in the absence of

initial

consent.

Parents must consent to changes in IEPs that amount to a reduction or termination of services

Consent

 An LEA may not use the parent ’s refusal to consent to one service or activity to deny the parent or child any other service, benefit, or activity of the public agency. 300.300(d)(3); 20-81 170(E)(4)(d).

Tips for Parents

 Make sure the child ’s teacher is aware of the child ’s disability and has seen the IEP