Transcript Parent Rights in Special Education Betsy Peterson, Parent Coordinator Office of Special Programs.

Parent Rights in
Special Education
Betsy Peterson, Parent Coordinator
Office of Special Programs
Individuals With Disabilities
Education Act (IDEA)
• Federal Law
– Public Law 94-142 the Education for All
Handicapped Children Act of 1975
– Law mandated the role of parents as equal
partners in making educational decisions for
their children
– Empowers parents to become Educational
Advocates for their children
Terminology Used
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IEP-Individualized Education Program
FAPE-Free Appropriate Public Education
LRE-Least Restrictive Environment
PBS-Positive Behavior Supports
BIP-Behavior Intervention Plan
FBA-Functional Behavioral Assessment
ESY-Extended School Year
IFSP-Individual Family Support Plan
Terminology Used-con’t
• Disabilities:
– EBD-Emotional/Behavior Disability
– LD-Learning Disability
– DD-Developmentally Delayed
– CD-Communication Disorder
– VI-Visually Impaired
– HI-Hearing Impaired
Terminology Used-con’t
• Placements
– GE:FT- General Education Full Time with
modification
– GE:PT- General Education Part Time with resource
services or special class services
– SC-Special Education Program: Separate Class
– SS-Special Education Program: Separate School
– OOS-Special Education Program: Out of School
Environment
– RF-Special Education Program: Residential
Facility
Terminology Used-con’t
• Related Services
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Assistive Technology
Transportation to and from school
Counseling for child and/or family
Recreation or special physical education
School health services
Physical Therapy-PT
Occupational Therapy-OT
Speech/Language therapy
Identification and Referral
• Child Find
– District activity that seeks to locate and identify
children and youth, ages 3-21 who may have
developmental delays or exceptionalities and may
need special education and related services.
Activities may be:
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Teacher observations
Parent observations
Conferences
Developmental screenings
Identification and Referral
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• Parent Referral
– A written request to have your child tested
to see if he/she needs specially designed
instruction.
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School Assistance Team
Interventions
Conferences
Multidisciplinary Evaluation Team (MDET)
Identification and Referral
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– Multidisciplinary Evaluations may include the
following:
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Health
Vision
Hearing, social and emotional status
Adaptive skills
Behavioral performance
General intelligence
Academic performance
Communicative status
Motor abilities
Assistive technology services and/or devices
Identification and Referral
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• Multidisciplinary Evaluation Team (MDET)
– At least one teacher or other specialist with
knowledge in the area of suspected exceptionality.
– The student’s general education teacher; or
– A general education teacher qualified to teach a
student of that age;
– At least one person qualified to conduct individual
diagnostic examinations of students, such as a
certified school psychologist, speech-language
pathologist or audiologist.
Eligibility Committee
– Eligibility Committee (EC)
• Evaluations are discussed. Be sure to ask
questions if you do not understand something.
• Utilize the results of the multidisciplinary
evaluation as the primary source of information
to determine the student’s educational needs
and if:
– the student meets the eligibility criteria in one of the
designated exceptionalities; and
– Needs specially designed instruction.
Individualized Education Program (IEP)
• Individualized Education Program (IEP)
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30 days after a student is determined eligible for services
Present Levels of Educational Performance (PLEPs)
Measurable goals
Special education services
Related Services
An explanation of the extent to which your student will NOT
participate with non-exceptional peers
A statement explaining HOW the student will participate in the
statewide testing program.
The date when services are to begin and how they will continue.
A statement of how and when parents will be informed of progress
toward annual goals.
Signatures of all those ATTENDING the meeting.
Placement
• Placement is the appropriate learning
environment for your child.
– IEP team must consider placement in the
general education setting first.
• Modifications – a change in the type and amount
of work expected of the students
• Accommodations - change how students learn
and the ways they demonstrate what
they have learned.
Annual Review
Your child’s progress in achieving the goals on the
IEP must be reviewed and revised each year.
– Your observations about any changes should be made at this
time.
• Have goals been met?
• Were the goals too easy?
• Were the goals too hard?
– Comments, both positive and negative, about the IEP should
be made at this time
– If you feel changes need to be made to your child’s IEP before
the Annual Review, ask for a review.
Reevaluations
• Can occur every 3 years (or more
frequently)
• MDET reviews existing evaluation data
on the student with input from the
student’s parents to determine if
additional data are necessary
• Parents must be notified of this decision
Independent Evaluation
• If a parent disagrees with an evaluation
obtained by the school system, a parent has
the right to an independent educational
evaluation at public expense.
• The school system will provide to the parents,
upon the parent’s request, information about
where an independent educational evaluation
may be obtained.
Mediation
• Meeting to encourage mediation
• Voluntary and informal
• Conducted by qualified and impartial
mediator
• At no cost to parent
• Written agreement
• Confidential
Complaint
• Any interested person may file a complaint:
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Parents of eligible students
Organizations
Groups
School district employees
Individuals from West Virginia or another state
• Must be written and signed: Email or fax is not
acceptable
• Must include:
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Name of the county school district
Student's name
The facts on which the complaint is based
The laws or regulations you believe are not being followed
Complaint
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• Original is sent to the WVDE
• A copy must be sent to the district school
system’ Director of Special Education.
• 60 day timeline to investigate the
complaint.
• Letter of Findings (LOF) issued to district
• LOF includes corrective actions if
violations occurred.
Early Resolution of a
Complaint
• Initiated by either party
• Informal conference to discuss issue(s)
• If resolution is achieved, complaint is
withdrawn
• Verification of Early Resolution Form
submitted to Office of Special Programs
at the WVDE
Impartial Due Process
Hearing
• Initiated by parent or district by written request
to the Office of Special Programs
• Dispute must be relevant to the proposal or
refusal of district to initiate or change the
identification, evaluation or educational
placement of your child or the provision of a
free appropriate public education (FAPE)
• Resolution session must be convened by the
district within 15 days
• 45 day timeline for hearing
Parent Rights
• The right to be considered a full
participating member of the IEP team
when planning for your child.
• The right to provide information about
your child that can be used in developing
interventions , evaluations planning and
educational programs.
Parent Rights
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• The right to ensure that your written
permission is given before any formal
evaluations are begun.
• The right to receive written notice prior to
any changes in placement for your child.
• The right to access your child’s records,
and have some one available to explain
the records, if requested.
Parent Rights
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• The right to a complete evaluation, which
includes more than one test or procedure, that
is completed by trained personnel from various
education and/or medical areas of expertise,
to receive copies of those results, and to have
those results explained in a language you
understand.
• The right to confidentially of all records about
the student.
Parent Rights
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• The right to a free and appropriate public
education (FAPE) that addresses your child’s
individual needs.
• The right to request an independent
assessment at no cost to yourself if you
disagree with the assessment results.
• The right to be involved in the development of
your child’s Individualized Education Program
(IEP).
Parent Rights
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• The right to receive transportation and
other related services necessary for the
student to benefit from his or her special
education services.
• The right to mediation and due process if
differences regarding your child’s
program or services cannot be resolved
by other means.
Parent Rights
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• The right to refuse special education and
related services for your child.
• Must be in writing
• PWN will be provided to the parents
• ALL special education and related services
(including any general education modifications)
will cease.
Parent Responsibilities
• To be involved.
• To participate in meetings regarding your child
and be ready to discuss issues of concern that
you have.
• To ask questions and be sure you understand
what is happening.
• To provide all the relevant information that is
needed in planning and program development
Parent Responsibilities
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• To let the school personnel know about any
changes in your child’s life, both positive and
negative, including areas of growth, changes
in health and medication and difficulties your
child is having.
• To educate yourself regarding the rules and
regulations governing special education
services.
Parent ~ Teacher
Conferences
• Here are some questions to consider:
– Is my child working up to his/her potential?
– What do you try to accomplish in each IEP
goal area?
– What are my child’s learning habits?
– How is my child doing socially?
– How well does my child behave and follow
directions?
Parent ~ Teacher
Conferences con’t
– Does my child willingly accept responsibility?
– Does my child work independently?
– Does my child need special help in any
areas?
– Does he/she display any special abilities or
unique skills?
– What can I do at home to aid my child’s
progress?
Parent Educator Resource
Centers - PERCs
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In 30 West Virginia Counties
Staffed by parents and teachers
Offer training and support to families
Will assist you through the IEP process
A friendly ear that has been there
Questions
Resources:
• West Virginia Department of Education
Office of Special Programs
1900 Kanawha Boulevard, East
Building 6 Room 304
Charleston, WV 25305
http://wvde.state.wv.us/osp
Resources
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• West Virginia Parent Training and Information Center
1-800-281-1436
http://www.wvpti.org
• West Virginia Advocates
1-800-950-5250
http://www.wvadvocates.org
• West Virginia Birth to Three System
1-800-642-9704
http://www.wvdhhr.org/mcfh/birth23
Thank you for your time!!
Betsy Peterson, Parent Coordinator
[email protected]
West Virginia Department of Education
Office of Special Programs
1-800-642-8541
http://wvde.state.wv.us/osp