Transcript Americans with Disabilities Act

SPECIAL EDUCATION:
What You Need to Know
Some of the Basics
The Training Institute
on Disability Rights
Special Education: What You Need to Know
What does Equip for Equality (EFE) Do?
Offers People with Disabilities and their families:

Information

Support

Resources

Legal services

Trainings
2
Special Education: What You Need to Know
Equip for Equality’s Special Project
with Cook County Juvenile Court


Provide free legal representation and training
to children with unmet special education needs
involved in the Cook County Juvenile Court
system (this includes children diverted from
court)
Work with special education students involved
in court system who are currently not in school
and need to be enrolled
3
Special Education: What You Need to Know
Equip for Equality’s Special Project
with Cook County Juvenile Court



Work with students in court system whose
schools are not implementing their
Individualized Education Plan (IEP) to get
schools to implement plan
Work with these students to improve IEPs that
are not appropriate
Help students in court system find appropriate
alternative schools and special ed support
there
4
Special Education: What You Need to Know
Equip for Equality’s Special Project
with Cook County Juvenile Court



Provide legal representation to students at IEP
meetings, mediations, due process hearings,
expulsion hearings
Provide trainings to public defenders, probation
officers, other interested parties who come into
contact with children with disabilities involved
in court system
Fact sheets on special education law
5
Special Education: What You Need to Know
What clients can you refer to
EFE?





Make sure and follow your own internal procedures
(I.e. referral to Educational Advocacy Unit)
Only children involved in the juvenile justice system
should be directly referred to me
You may refer other clients with special education
issues to EFE’s Special Education Helpline at (866)
KIDS-046
Other people with disabilities who need help 312-3410022 (or 800-537-2632)
IMPORTANT: WE CANNOT ACCEPT EVERY CASE
6
Special Education: What You Need to Know
What clients can you refer to
EFE?



If you have a client in court system whom you
know has a disability and is not receiving
appropriate special education services
If you have a client in court system whom you
suspect has a disability and needs special
education
If you have a chronically truant client involved
with court and you suspect the student may not
be attending because classes are too hard
7
Special Education: What You Need to Know
What clients can I refer to EFE
(cont)?

Examples of clients you may wish to refer:
–
–
–
–
–
Client has been in and out of school and is far below grade
level in her coursework
Client has very few credits and you suspect a disability
Client who cannot read
Clients with social-emotional problems who may benefit from
counseling at school
Often these clients may not be identified as having a disability
but may have one
8
Special Education: What You Need to Know
How do I refer a client to EFE?

If in court diversion program or otherwise
involved in juvenile court –
–
–

Can call (312-895-7308), email
([email protected]) or fax me (312-3410295) directly
Can have parent or student call me
If not involved in juvenile court, parent can call
1-866-KIDS-046
9
Special Education: What You Need to Know
What will I do when you make a
referral?




Call the client and get necessary information re client’s
disability and school situation
Provide referral to client if I cannot accept the case
In select cases, I will get the client’s records and work
with school district to secure appropriate special
education services for the client
In select cases, If client does not want to stay at that
school, explore alternative schools with client.
10
Special Education: What You Need to Know
What will I do when you make a
referral?


Provide parents and student with assistance over the
phone
when appropriate
–
–
–
–

Attend IEP meetings
File for due process
Attend mediations
Work with students to set up appropriate transition plans for
leaving high school
CAVEAT: We get a lot of cases and cannot accept
them all. We provide all interested parents with
brief assistance over the telephone, at the least.
11
Special Education: What You Need to Know
Pro Bono Support


Since October 2007, we have been working
with some pro bono attorneys at large
Chicago-area law firms
Attorneys take our cases and Equip for
Equality supervises
12
Special Education: What You Need to Know
Special Education Laws

Individuals with Disabilities Education
Improvement Act 2004 (IDEA)

Section 504

No Child Left Behind (NCLB)

Family Educational Rights and Privacy Act
Act(FERPA)

State Laws and Regulations
13
Special Education: What You Need to Know
Special Education Laws
Individuals with Disabilities Education Improvement
Act 2004 (IDEA): 20 USC 1400

1400 purpose

1401 definitions

1412 child find, LRE,FAPE

1414 evaluations, consent, eligibility, IEP, Placement

1415 Procedural Safeguards
14
Special Education: What You Need to Know
Special Education Highlights
–
Free Appropriate Public Education
–
Request
–
Consent
–
Case Study Evaluation
–
MDC – Multidisciplinary Conference
–
IEP-Individualized Education Program
–
Services – FAPE
–
Re-evaluation
–
IEE – Independent Educational Evaluation
–
Conflict Resolution Options
15
Special Education: What You Need to Know
SPECIAL EDUCATION RULE
IF IT’S NOT WRITTEN DOWN
IT DIDN’T OR WON’T
HAPPEN
16
Special Education: What You Need to Know
Purpose of Special Education
Purpose
To ensure that all children with disabilities have
available to them a free appropriate public
education that emphasizes special education
and related services designed to meet their
unique needs and prepare them for further
education, employment, and independent living
17
Special Education: What You Need to Know
Special Education: Who Needs It?

Does a student have difficulty in school?

Does a student need tools or services to
understand materials or teachers in school?

Does a student need help to get into the
school or use school equipment?

Does the school staff understand
students’ needs?
18
Special Education: What You Need to Know
Special Education Services
1. Request

Written Request by Parent, State agency, or
school may initiate request for initial case
study evaluation
–

Keep a copy with date and time it was delivered
and to whom it was delivered
See handout
19
Special Education: What You Need to Know
Special Education Services
2. Consent


Parent can include consent in request letter or
School must provide parent consent form
within 14 days of request
20
Special Education: What You Need to Know
Special Education Services
2. Consent
for Case Study Evaluations

Parental Consent not referral, starts the Case
Study Evaluation (CSE), which must be done
within 60 CALENDAR days (IDEA) – a
different timeline may be set by the state. (IL
Admin Code: 60 SCHOOL days from Consent)
21
Special Education: What You Need to Know
Special Education Services
1.
2.
3.
4.
5.
Request
Consent
Case Study Evaluation (CSE)
Eligibility Meeting –MDC
Individualized Education Program (IEP) meeting
22
Special Education: What You Need to Know
Special Education Services
3. Case Study Evaluation
 Variety of assessment tools must be used
 Testing must be done in the “language and form
most likely to yield accurate information on what
the child knows and can do academically,
developmentally, and functionally.”
23
Special Education: What You Need to Know
HYPOTHETICAL 2

Your client is sixteen years old, has been
diagnosed with ADHD and has forty
misconduct referrals from CPS for behaviors
ranging from physical altercations to verbal
threats to students and teachers. You believe
your client may be in need of special education
services. What do you do? Can CPS choose
not to evaluate your client?
24
Special Education: What You Need to Know
School Based Problem Solving



CPS name for Response to Intervention (RTI)
SBPS (and RTI) is an intervention process for
students experiencing academic or behavioral
problems.
SBPS focuses on attempting interventions,
tracking the results, and making decisions
based on those results.
25
Special Education: What You Need to Know
School Based Problem Solving


Law does NOT require schools to conduct SBPS
before conducing special education evaluation
The Illinois State Board of Education Special Education
Policies and Procedures specifically states that School
Based Problem Solving activities will, “under no
circumstances . . . preclude, or delay, the full and
individual evaluation of any child referred by a parent,
unless the district has officially considered such
request and has determined the request not to be in
the best interest of the child because the child exhibits
satisfactory educational performance.”
http://www.isbe.net/spec-ed/pdfs/policies.pdf (p.27)
26
Special Education: What You Need to Know
HYPOTHETICAL 4

You believe your client requires special
education services. CPS tells you that the
school staff first must try School Based
Problem Solving. Is this true? How can you
convince CPS to evaluate your client for
special education?
27
Special Education: What You Need to Know
Special Education Services
1.
2.
3.
4.
5.
Request
Consent
Case Study Evaluation (CSE)
Eligibility Meeting –MDC
Individualized Education Program (IEP) meeting
28
Special Education: What You Need to Know
Special Education Services
4.
Eligibility Meeting –MDC
Team of qualified professionals and parents decide
Whether child is a child with a disability (1401)(3)
1. Disability – mental retardation, hearing impairment, speech or
language impairments, visual impairments, serious emotional
disturbance (emotional disturbance), orthopedic impairments,
autism, traumatic brain injury, other health impairments (OHI), or
specific learning disabilities (LD or SLD): AND
2. who, by reason thereof, needs special education and related
services
29
Special Education: What You Need to Know
Emotional Disturbance defined

Must meet four specific conditions:
1.
2.
3.
4.
Exhibit one of the five listed symptoms (next slide)
“over a long period of time”
“to a marked degree”
that the condition adversely affects the student’s
educational performance
30
Special Education: What You Need to Know
Five Factors listed in ED definition
1.
2.
3.
An inability to learn that cannot be explained by
intellectual, sensory, or health factors
An inability to build or maintain satisfactorily
interpersonal relationships with peers and
teachers
Inappropriate types of behavior or feelings under
normal circumstances
31
Special Education: What You Need to Know
Five factors listed in ED definition
4.
A general pervasive mood of unhappiness or
depression; OR
5.
A tendency to develop physical symptoms or
fears associated with personal or school
problems
32
Special Education: What You Need to Know
ED definition cont…


The term ED includes schizophrenia.
The term does not apply to children who are
socially maladjusted, unless it is determined
that they have an emotional disturbance
34 CFR 300.8(b)(4)
33
Special Education: What You Need to Know
Emotional Disturbance

Note: A child does not need a medical or psychiatric
diagnosis to be classified as an emotionally disturbed
student.
34
Special Education: What You Need to Know
Specific Learning Disability

“The term means a disorder in one or more of the basic
psychological processes involved in understanding or in
using language, spoken or written, that may manifest
itself in an imperfect ability to listen, think, speak, read,
write, spell, or to do mathematical calculations, including
conditions such as perceptual disabilities, brain injury,
minimal brain dysfunction, dyslexia, and developmental
aphasia.”
35
Special Education: What You Need to Know
LD definition cont…

The term does not include learning problems
that are primarily the result of visual, hearing,
or motor disabilities, of mental retardation, of
emotional disturbance, or of environmental,
cultural, or economic disadvantage.
34 CFR 300.8
(b)(10)
36
Special Education: What You Need to Know
Mental Retardation



Significantly subaverage general intellectual
functioning, existing concurrently with deficits
in adaptive behavior and manifested during the
developmental period, that adversely affects a
child’s educational performance
IQ below 70
34 CFR 300.8(b)(6)
37
Special Education: What You Need to Know
Other Health Impaired defined

Other Health Impaired means having a limited
strength, vitality or alertness, including a
heightened alertness to environmental stimuli,
that results in limited alertness with respect to
the educational environment, that ---
38
Special Education: What You Need to Know
OHI definition cont…
i.
Is due to chronic or acute health problems
such as asthma, attention deficit disorder
or attention deficit hyperactivity disorder,
diabetes, epilepsy, a heart condition,
hemophilia, lead poisoning, leukemia,
nephritis, rheumatic fever, sickle cell anemia
and Tourette Syndrome; AND
39
Special Education: What You Need to Know
OHI definition cont…
ii.
The chronic or acute health problem(s)
adversely affects a child’s educational
performance.
34 CFR 300.7(b) (9)
40
Special Education: What You Need to Know
Traumatic Brain Injury

Acquired injury to the brain caused by
an external physical force,
resulting in total or partial functional disability
or psychosocial impairment, or both,
that adversely affects a child’s educational
performance.
41
Special Education: What You Need to Know
Traumatic Brain Injury
Cause impairments in one or more areas, such as
cognition;
language;
memory;
attention;
reasoning;
abstract thinking;
judgment;
problem-solving;
sensory, perceptual and motor abilities;
psycho-social behavior;
physical functions;
information processing;
and speech.
42
Special Education: What You Need to Know
Traumatic Brain Injury

TBI label does NOT apply to brain injuries
that are congenital or degenerative, or to
brain injuries induced by birth trauma
43
Special Education: What You Need to Know
Special Education Services
4. Eligibility Meeting –MDC
Team of qualified professionals and parents decide
Whether child is a child with a disability (1401)(3)
Educational needs of the child
Parents given
Copy of evaluation report
Documentation of determination of eligibility
44
Special Education: What You Need to Know
Special Education Services
1.
2.
3.
4.
5.
Request
Consent
Case Study Evaluation (CSE)
Eligibility Meeting –MDC
Individual Education Program (IEP) meeting
45
Special Education: What You Need to Know
IEP MEETING
Procedural Safeguards 1415
School gives a copy of procedural safeguards to
parents
 At least once per year
46
Special Education: What You Need to Know
Special Education Services
5. Individual Education Program (IEP)
meeting – who is part of the IEP team?
 IEP TEAM
–
–
–
Parents
Not less than ONE regular ed teacher (if child IS or
may be participating in regular education)
Not less than ONE special ed teacher, or where
appropriate…special education provider of such
child
47
Special Education: What You Need to Know
IEP Team Continued
–
Representative of local education agency
 Qualified to provide or supervise special
education
 Knowledgeable about general curriculum
 Knowledgeable about availability of LEA
resources
48
Special Education: What You Need to Know
Special Education Services
5. Individual Education Program (IEP)
meeting
 IEP TEAM Continued..
–
–
–
An individual who can interpret the instructional
implication of evaluation results
Other individuals who have “knowledge or special
expertise regarding the child, including related
services personnel as appropriate”: and
whenever appropriate, the child with a disability
49
Special Education: What You Need to Know
IEP Team members excused
IEP TEAM requires specific Members
But they can be excused from attendance if
– written consent
– Member’s area of curriculum or services is not
being modified or discussed
OR
– Parents and school agree
– Member provides written IEP input to parents and
school prior to meeting
50
Special Education: What You Need to Know
What’s in an IEP?






Present Levels of Performance
Goals & Objectives/Benchmarks *
Progress Reports
Special Education Services
Related Services
Supplementary Aids and Services
–


Includes staff training
Special factors
Transition Services (IL 14 ½ and up) – IDEA 16
51
Special Education: What You Need to Know
Present Level of Performance

A Statement of the child’s academic
achievement and functional performance –
Present Level of Performance “PLOP”
52
Special Education: What You Need to Know
IEP Goals

A statement of measurable annual goals including
academic and functional goals designed to
–
–
–
Meet the child’s needs that result from the child’s disability to
enable the child to be involved in and make progress in the
general education curriculum; and
Meet each of the child’s other educational needs that result
from the child’s disability
SMART goals – specific, measurable, action-oriented,
realistic, and time-sensitive
53
Special Education: What You Need to Know
Progress Reports


The parents need to know about their child’s
progress
The IEP should specify how the parents will be
notified of their child’s progress
54
Special Education: What You Need to Know
Special Education and Related
Services


IEP includes information about types of
services a student receives
Examples of related services –
–
–
–
–
OT
PT
Speech therapy
Social work
55
Special Education: What You Need to Know
Supplementary Aides and
Services


This may be some type of accommodation the
student needs
Can include staff training
56
Special Education: What You Need to Know
What’s in the rest of the IEP?

See sample CPS IEP.
57
Special Education: What You Need to Know
HYPOTHETICAL 3
You believe that, because your client has
bipolar disorder, she requires placement in a
therapeutic day school. What actions do you
take to get CPS to change your client’s
placement?
58
Special Education: What You Need to Know
Transition Services



Age 14.5: start transition services
results-oriented process
is based on the individual child’s needs taking
into account the child’s strengths,
preferences, and interests; and
59
Special Education: What You Need to Know
Transition Services



Goals are to be updated annually
Appropriate measurable postsecondary goals
based upon age appropriate transition
assessments related to training, education,
employment, and, where appropriate,
independent living skills;
The transition services (including courses of
study) needed to assist the child in reaching
those goals
60
Special Education: What You Need to Know
Amending IEP
No meeting required
If parents and school agree
Amendment in writing
Parents entitled to copy of the revised IEP with
amendments incorporated upon request
61
Special Education: What You Need to Know
Requesting an IEP Meeting



Parent should do so in writing. You can help write the
letter.
According to 23 Ill. Admin. Code 226.220(b):
either a child’s educational provider or a child’s parent
may request an IEP meeting at any time. Within ten
days after receipt of such a request, the district shall
either agree and notify the parent in accordance with
34 CFS 300.503 or notify the parents in writing of its
refusal, including an explanation of the reason no
meeting is necessary to ensure the provision of FAPE
for the child.
62
Special Education: What You Need to Know
Reevaluation - every 3 years

Domain conference to discuss what information the
school already has and what information is still
needed

parent or teacher request evaluation but not more
than once per year unless school agrees otherwise

reevaluation every 3 years UNLESS parent and
school agree it is unnecessary
63
Special Education: What You Need to Know
Evaluation/reevaluation


Required prior to removing child from eligibility
Exceptions
–
–
Regular diploma
Aging out

School must provide a summary to exiting students
–
Academic achievement and functional performance
– Recommendations on how student can meet post
secondary goals
64
Special Education: What You Need to Know
HYPOTHETICAL 1

Your client, who receives special education for a
learning disability, just spent one month in the JTDC,
attending Nancy B. Jefferson. The judge has released
your client and your client needs to return to his home
school. You go to the school with your client and his
mother, only to be told by the principal that he is not
interested in having your client back at school. What
do you do? Does the principal have the power to turn
your client away? What if they say Nancy B Jefferson
still has the student’s records?
65
Special Education: What You Need to Know
FREE APPROPRIATE PUBLIC
EDUCATION
FAPE
SPECIAL EDUCATION DEFINED
Specially
designed instruction, at no cost to
parents, to meet the unique needs of a child with
a disability,…
Important
case: Bd. of Educ v. Rowley, 458 U.S.
176 (1982)
66
Special Education: What You Need to Know
Free Appropriate Public Education

Also includes Related services: any nonmedical service necessary for the child to
benefit from instruction, including speech,
counseling, social work, parent training,
transportation, physical and occupational
therapy, mobility and orientation training, and
any other service necessary to benefit from
education
67
Special Education: What You Need to Know
Basis for Services


IEP must include a statement of special
education, related services and supplementary
aides and services, based on peer-reviewed
research to the extent practicable (1414
(d)(1)(A)(i)(IV))
This puts methodology on the agenda for
the IEP
68
Special Education: What You Need to Know
Least Restrictive Environment
(LRE)
20 USC 1412(a)(5)
To the MAXIMUM extent appropriate children with
disabilities… are educated with children who are
not disabled.
Removal
 nature
and severity of the disability of a child is
such that education in regular classes
– with the use of supplementary aids and
services
– CANNOT be achieved satisfactorily.
69
Special Education: What You Need to Know
What If You Don’t Agree?
CONFLICT RESOLUTION OPTIONS






1. DOCUMENTATION
2. INDEPENDENT EDUCATIONAL
EVALUATION
3. STATE COMPLAINT
4. MEDIATION
5. DUE PROCESS
See Wrightslaw “Letter to a Stranger”
70
Special Education: What You Need to Know
DENIAL of a FREE APPROPRIATE
PUBLIC EDUCATION
Substantive
–
Issues
At the time the IEP was written was it reasonably
calculated to provide meaningful educational benefit
Procedural
Inadequacies limited
Impeded right to FAPE
significantly impeded parents’ opportunity to
participate in the decision-making process
regarding FAPE
caused deprivation of educational benefits
71
Special Education: What You Need to Know
What If You Don’t Agree
with the IEP?
IF IT’S NOT
WRITTEN DOWN
IT DIDN’T HAPPEN!
DOCUMENT
EVERYTHING!!!
72
Special Education: What You Need to Know
DOCUMENTATION TIPS

PARENT REPORT
–



THANK YOU LETTERS
REVERSE LETTERS
PROPOSAL/REQUEST SHEET
–


KNOW WHAT’S NEEDED
FOLLOW UP LETTERS
ORGANIZE DOCUMENTS
TAPE RECORDING MEETINGS
73
Special Education: What You Need to Know
Independent Educational
Evaluation (IEE)


At Public (school) or Private (Parent) expense
Public expense if
–
–
Parent disagrees with school’s evaluation
School must





Pay for IEE, OR
May file Due Process against the parent within 5 days to
prove that its evaluation was appropriate, OR
Prove that the Parent’s evaluation did not meet agency
criteria
Private (Parent) expense – parent has a right to this at
anytime – school must “consider” evaluation
See handout
74
Special Education: What You Need to Know
STATE COMPLAINT
1 YEAR STATUTE OF LIMITATIONS
FILE COMPLAINT WITH THE
ILLINOIS STATE BOARD OF EDUCATION
WWW.ISBE.NET
MUST HAVE PAPER TRAIL TO SHOW VIOLATION
75
Special Education: What You Need to Know
Mediation








A meeting between parents and school district
Try to resolve problems without a hearing
Mediator (impartial person) helps both sides try to
resolve the problems
Voluntary (optional) & Confidential
LEGALLY BINDING AGREEMENT
Enforceable in any State court or district court
Due process not required
State pays for this including interpreter
76
Special Education: What You Need to Know
Due Process Hearing
 Statute
–
of Limitations
2 YEARS
From the date the parent or school knew or
should have known about the alleged action that
forms the basis of the complaint
OR
STATE TIME LINE
77
Special Education: What You Need to Know
DUE PROCESS NOTICE 2004
HEARING ISSUES LIMITED TO THIS NOTICE !!!!!
Specific Requirements for this notice are in
the federal and state law
78
Special Education: What You Need to Know
Due Process Hearing



Administrative Due Process Hearing run as a
trial with a Hearing Officer usually at school
administrative offices or neutral site selected by
parents
5 days to strike hearing officer – only one strike
per side
5 days before hearing ALL documents, witness
list and documents list due to hearing officer and
opposing party
79
Special Education: What You Need to Know
General Tips


Keep all correspondence with the school and
try to conduct all correspondence IN WRITING
Tell parents to keep a log of child’s reactions
and behavior in relation to school – if child
refuses to go to school because afraid, keep a
log, if child is continually being sent home for
his/her behavior, keep a log, etc.
80
Special Education: What You Need to Know
More General Tips


Encourage parents to save all anecdotal
communications with the school (I.e. keep a
communication notebook or make copies of all
letters sent to/from school)
Log all observations you or parent make when
observing at school, and log all observations of
child’s negative behavior at home that is result
of school issues.
81
Special Education: What You Need to Know
What about Discipline?



Student with a disability may be removed for
no more than 10 school days for a disciplinary
violation (unless exception applies)
More than ten days = change of placement
(see following slides for details)
Exception: can automatically remove a
student with a disability for 45 school days if 1)
a weapon; 2) Drugs; 3) Serious bodily injury
82
Special Education: What You Need to Know
45 SCHOOL Day Removal

Weapon
–

Drugs
–
–

“dangerous weapon” 18 U.S.C. § 930(g)(2)
Controlled Substance 21 U.S.C. 812(c)§ 202(c)I, II,
III, IV, or V
Does not include legally possessed or used
substances
Serious Bodily Injury
–
“serious bodily injury” 18 U.S.C. §1365(h)(3)
83
Special Education: What You Need to Know
WEAPONS EXCEPTION

(2) The term “dangerous weapon”
means a weapon, device, instrument,
material, or substance, animate or
inanimate, that is used for, or is readily
capable of, causing death or serious
bodily injury, except that such term does
not include a pocket knife with a blade of
less than 2 1/2 inches in length.
84
Special Education: What You Need to Know
SERIOUS BODILY HARM

Serious Bodily Harm is defined as: (a) a
substantial risk of death; (b) extreme physical
pain; (c) protracted and obvious disfigurement;
and (d) protracted loss or impairment of the
function of a bodily member, organ, or mental
function.
85
Special Education: What You Need to Know
What about Discipline?
Suspensions/Removal
- All students “removed” are to get services to prevent
recurrence of behavior resulting in removal – should
be added to IEP
Expulsions
– FAPE services must still be provided so student can
be able to “participate in general education curriculum”
and “progress towards meeting goals set out in IEP.”
Before an expulsion can take place, must hold
Manifestation Determination Review (MDR)
86
Special Education: What You Need to Know
MANIFESTATION
DETERMINATION REVIEW

MDR is a meeting that occurs within ten school days of
decision to change a student’s placement
–

School’s actions are change of placement when student is
suspended for more than ten consecutive days or series of
days that “constitute a pattern” exceeding 10 days in a year.
Only “Relevant” Members of IEP Team attend to
determine if student’s behavior is a manifestation of
his/her disability
87
Special Education: What You Need to Know
What does it mean for behavior to be
a manifestation of a disability?

Behavior is a manifestation of a disability if:
–
–
–

“caused by” the disability or
“Direct or substantial relationship to the disability” or
“direct result” of the school’s failure to implement the student’s
IEP
If student’s behavior is manifestation of disability,
student can’t be expelled without parent consent and
must be returned to pre-removal placement (unless
drugs, weapons, or serious bodily injury)
88
Special Education: What You Need to Know
If behavior is manifestation of
disability, what must the school do?


Functional Behavior Assessment (FBA) –
evaluation to show relationship between
behavior and what happens in student’s
environment
Behavior Intervention Plan (positive
interventions)
89
Special Education: What You Need to Know
What if behavior is not a
manifestation of a disability?


If behavior is not a manifestation of a disability,
school can use same discipline measures as
with other students
BUT school must continue providing FAPE
90
Special Education: What You Need to Know
If you find out ahead of time,
should you attend MDR?

Yes! If you find out about MDR ahead of time,
you should attend with client.

GOAL: To show that behavior IS a
manifestation of student’s disability
91
Special Education: What You Need to Know
How do I know if the FBA and BIP
are appropriate?

A good BIP concretely defines problem
behavior:
–

E.g. BIP should not state “Dan is aggressive often
during the school day.” It should state “Dan hits
other students during unstructured times of the day
(passing period, lunch, and recess) approximately
three times per day.”
Look at whatever occurred before negative
behavior began (I.e. triggers)
92
Special Education: What You Need to Know
FBA and BIPs continued

BIPs should discuss more appropriate replacement
behaviors
–

I.e. instead of throwing a book when agitated in class,
encourage the student to ask for a hall pass to see the school
social worker
Change antecedents to behavior
–
I.e. if cursing occurs every time a student with a learning
disability is assigned challenging math homework, consider
changing antecedent (assignment of challenging math
homework) by having student complete the work in resource
room or with peer tutor.
93
Special Education: What You Need to Know
Appealing Disciplinary Removal


File for due process
Hearing - Expedited
–
–
20 school days from request
10 days for decision
94
Special Education: What You Need to Know
What if school wants to expel a
student who has not yet been found
eligible for special ed?

Students not yet found eligible for special ed may still
be protected by IDEA under certain circumstances:
–
–
–
Parent stated in writing to a supervisor, administrator or a
teacher that child may need special ed
Parent requested evaluation
Teacher/staff expressed specific concerns abut child’s pattern
of behavior directly to director of special ed or other
supervisory person
95
Special Education: What You Need to Know
When are students not yet found
eligible for special ed not protected?

Not protected if:
–
–
Child previously evaluated and found ineligible
Or parent refused special ed or evaluation in past
96
Special Education: What You Need to Know
Student Discipline Not Yet Eligible

School did not have “knowledge”
–

Same discipline as non-disabled kids
If school did have “knowledge,” then the
student is protected by IDEA.
97
Special Education: What You Need to Know
HYPOTHETICAL 5

Your client, who is diagnosed with a behavioral
disorder and is receiving special education services,
recently brought drugs to school. The school is holding
a MDR. The school finds that the student’s behavior is
not a manifestation of his disability and informs you
that your client cannot return to school ever and the
school will provide the student with no special
education services. Can the school do this? Why or
why not?
98
Special Education: What You Need to Know
HYPOTHETICAL 6

Joe is a 17-year-old student with a diagnosed learning disability. Joe has
been acting out at school for the last two years and is constantly being
suspended and given detentions. You suspect that Joe is acting out
because he is upset about the fact that he does not understand what is
going on in his classes, due to his learning disability. In support of this
theory, you point to Joe’s truancy from English class. Joe is reading at a
2nd grade level and his reading comprehension is at a 3rd grade level.
You attend an IEP meeting on behalf of Joe. What types of goals would
you like to see in the IEP? What types of accommodations? Would you
like the District to conduct any further evaluations of Joe? If you disagree
with the District’s decisions, what would you do?
99
Special Education: What You Need to Know
HYPOTHETICAL 7

Jennifer is a fifteen-year-old student with bipolar
disorder who recently was caught by the school’s
security guard with gang drawings on her notebook.
The school is about to hold an MDR for Jennifer.
Should you go to the meeting? What do you want to
argue at the meeting? If the school finds that
Jennifer’s behavior is not a manifestation of her
disability, can they expel her? If they expel her, do they
need to provide her with any special education
services at all?
10
0
Special Education: What You Need to Know
Expulsion Hearings (in general)


An expulsion is a removal of a student from
school for more than 10 days in a row
A student may be expelled for a definite period
of time from 11 days up to 2 years.
10
1
Special Education: What You Need to Know
What happens before the
hearing?


School must send written notice of the
behavior for which it believes your child should
be expelled. The notice must include the
reason that the school is considering expelling
your child and the date of the MDR.
School must send notice in writing and by
certified mail inviting student and parent to
attend expulsion hearing.
10
2
Special Education: What You Need to Know
At the Expulsion Hearing




Right to call witnesses
Present evidence
Cross-examine District’s witnesses
Right to tape record
10
3
Special Education: What You Need to Know
Who will be at the expulsion
hearing?




Student and parent should go.
School District may have an attorney.
Often people who were involved in or
witnessed the incident are there.
A school administrator may be there.
10
4
Special Education: What You Need to Know
Who decides whether a student
will be expelled?

Depends on the School District. Sometimes
the Board of Education of the District makes
the decision. Other Districts have hearing
officers who make the decision.
10
5
Special Education: What You Need to Know
Can expulsion hearings be
appealed?

Yes. If a student is expelled, the student can
appeal this decision in state court.
10
6
Special Education: What You Need to Know
Expulsions from Chicago Public
Schools




The Student Code of Conduct (SCC) outlines CPS
disciplinary policies
For a copy, contact the Law Department at (773) 5531700.
If CPS is going to expel a student, the District sends a
“Notice of Request For Disciplinary Hearing” letter.
Closer to date that hearing will take place, CPS then
sends a “Notice of Disciplinary Hearing.”
10
7
Special Education: What You Need to Know
Who is present at CPS
expulsions?





Hearing Officer appointed by the Board of
Education
CPS “Prosecutor”
Student and Parent
Any witnesses
Usually a school administrator
10
8
Special Education: What You Need to Know
Should probation officers attend
an expulsion hearing?


It depends on the circumstances.
If client is compliant with probation, and school
already knows client is on probation, you could
help client by attending.
10
9
Special Education: What You Need to Know
Any chance at settling an
expulsion hearing?

Depending on the offense, CPS and student
may come to an agreement for student to
attend the SMART program.
11
0
Special Education: What You Need to Know
HYPOTHETICAL 8
Ben and Jerry are both caught by the security
guard at school with pocketknives. Ben’s is 2”
long and Jerry’s is 2 ½” long. Both boys have
IEPS for LD and ED and attend a CPS high
school. What will happen to them? What
procedures should be followed? Can they be
expelled? Will they get special education
services?
11
1
Special Education: What You Need to Know
Tips on working with juvenile court
clients who have disabilities


It is important to find out whether your client has a
disability immediately upon being assigned to the
client.
Number of different questions you can ask including:
–
–
–
–
–
–
–
–
Do you receive special education?
Do you get pulled out of class for special services at school?
Do you go to a special school or the local public school?
Do you switch classes during the day or stay in one room?
Do you get suspended from school a lot?
Is school really hard for you?
Do you have trouble focusing in school?
11
What kinds of grades do you get?
2
Special Education: What You Need to Know
More Tips


Once you find out whether student has a
disability, get a copy of the student’s records
Review latest IEP and evaluation and see if
you think it is appropriate.
–
–
–
Is student receiving the services listed in the IEP?
Does the student require more intensive services?
What do the student and parent think about the
services provided?
11
3
Special Education: What You Need to Know
More Tips


If IEP is not appropriate and parent/student
wish for you to become more involved, you can
request (in writing) an IEP meeting.
Preparation with parent/student before meeting
– find out what (if any) changes they want to
IEP. Work with the family to determine a list of
requests/information you wish to discuss with
the district.
11
4
Special Education: What You Need to Know
More Tips

Think about requesting an IEE to determine
what services the student needs.
11
5
Special Education: What You Need to Know
What about 504?
504 = Rehabilitation Act of 1973
 Separate law
 Even if a child does not need special education
assistance, 504 makes sure that a child with a
disability gets access to an education
 Makes sure a child has access to a school
building
 Buses, ramps, elevators, Braille materials, etc.
11
6
Special Education: What You Need to Know
Resources





www.equipforequality.org
www.wrightslaw.com
www.copaa.org
www.idea.gov
Joe Tulman manual – available at
http://www.law.udc.edu/programs/juvenile/pdf/s
pecial_ed_manual_complete.pdf
11
7
Special Education: What You Need to Know
Questions????
11
8