Advocacy, Special Education Rights &

Responsibilities

Presented by Steve AshmanExecutive Director,

CASA of Stanislaus County(Stanislaus County is somewhere in the middle of

California!)

ADVOCACY … Things to Remember

DELAY IS THE ENEMY !DELAY IS THE ENEMY !DOCUMENT !DOCUMENT !KNOW WHO HOLDS ED KNOW WHO HOLDS ED

RIGHTS …RIGHTS …POLICY IS NOT LAW !POLICY IS NOT LAW !The CHICKEN or the PIG?The CHICKEN or the PIG?

The most important things to know about being a good advocate …

Create RelationshipsCreate RelationshipsCommunicate ideasCommunicate ideasKnow the facts and how Know the facts and how

the law appliesthe law appliesKeep your eye on the ballKeep your eye on the ballQuestion anything you Question anything you

don’t understanddon’t understand

In any and all meetings …

Inform all parties of your roleInform all parties of your rolePut the child’s needs firstPut the child’s needs firstGet your ‘message’ acrossGet your ‘message’ across

• ClarifyClarify• Get all PerspectivesGet all Perspectives• Find Common GroundFind Common Ground• Add InformationAdd Information• State Your Position ClearlyState Your Position Clearly

Remember to …

Keep Clear RecordsKeep Clear RecordsBe organizedBe organizedKeep Copies of EVERYTHINGKeep Copies of EVERYTHINGPut EVERYTHING in writingPut EVERYTHING in writingKeep a logKeep a logRecap after every meeting … Recap after every meeting …

clarify all issues still unclearclarify all issues still unclear

TheIEPPyramid

Report of Progress and Alternative Assessment

Report of Progress and Alternative Assessment

Statement of Special Education & Related Services

Statement of Special Education & Related Services

Supplementary Aids Program ModificationsSupport for Personnel

Supplementary Aids Program ModificationsSupport for Personnel

Involvement in General Curriculum

Involvement in General Curriculum

Measurable Annual Goals &Short-term Objectives/Benchmarks

Measurable Annual Goals &Short-term Objectives/Benchmarks

Consideration of Special FactorsAssistive Technology Communication Transition Low Incidence Disabilities Vocational Behavioral

Consideration of Special FactorsAssistive Technology Communication Transition Low Incidence Disabilities Vocational Behavioral

Present Levels of Educational Performance

Present Levels of Educational Performance

PreparationPreparation

Placement

Special Education Is Not A Special Education Is Not A PlacePlace

It is a constellation of services provided in the

Least Restrictive EnvironmentLeast Restrictive Environment

Principles of the IDEA and Section 504

Free Appropriate Public Education Appropriate Assessment Least Restrictive Environment Parent Participation Procedural Safeguards Individual Education Program (IEP) /

504 Plan

504Eligibility? – Must have a

condition that substantially limits a major life activity

Section 504 of the Rehabilitation Act of 1973

Hearing, Seeing, Breathing, Walking, Talking, Thinking…

Guarantees a free, appropriate, public education

Services are broad-based and determined on student educational needs

May include special education services, instruction, accommodations and modifications

Services determined by 504 Planning Team

Special Education

Definition of a “Child with a Disability” IDEA 2004 defines a child with a disability as a child withIDEA 2004 defines a child with a disability as a child with:

• Mental retardation• Hearing impairments (including deafness)• Speech or language impairments• Visual impairments (including blindness)• Serious emotional disturbance • Orthopedic impairments• Autism• Traumatic brain injury• Other health impairments• Specific learning disabilities

AND who, because of this disabilitybecause of this disability, needs special education and related servicesneeds special education and related services.

Eligibility Criteria for Learning DisabledEligibility Criteria for Learning Disabled

Must have a disorder in one of the basic psychological processes involved in understanding or using spoken or written language (attention, visual processing, auditory processing, sensory-motor skills, and cognitive abilities including association, conceptualization, and expression)

May manifest itself in an impaired ability to listen, think, read, write, spell, or do mathematical calculations

Special Education

The term special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability including:• Instruction conducted in the classroom, in the home, in hospitals and institutions, and

in other settings

The term includes each of the following, if it meets the requirements of special education:• Speech-language pathology services, or any other related service, if the service is

considered special education rather than a related service under State standards• Travel training• Vocational education

Specially designed instruction means adapting to the needs of an eligible child the content, methodology, or delivery of instruction:• To address the unique needs of the child that result from the child’s disability• To ensure access of the child to the general curriculum, so that he or she can meet

the educational standards within the jurisdiction of the public agency that apply to all children.

These services may include, but are not limited to, the following:

1. Audiological services2. Orientation and mobility instruction3. Instruction in the home or hospital4. Adapted physical education5. Physical and occupational therapy6. Vision services7. Specialized driver training instruction8. Counseling and guidance9. Psychological services other than assessment and development of the individualized

education program10. Parent counseling and training11. Health and nursing services12. Social worker services13. Specially designed vocational education and career development14. Recreation services15. Specialized services for low incidence disabilities, such as readers, transcribers, and vision

and hearing services16. Speech and Language Services17. Medical evaluation for diagnostic purposes

Timelines for Assessment and IEP

Child is referred for assessment Referral for assessment means any written request for assessment to

identity an individual with exceptional needs made by a parent, teacher, or other service provider.

Within 15 calendar days, the district must give parent proposed assessment plan meeting the following requirements. Be in language easily understood by the general public Be provided in the primary language of the parent or other mode of mode of

communication used by parent unless to do so is clearly not feasible Explain each type of assessment instrument to be administered, the purpose of the

instrument, and professional personnel responsible for administration and interpretation of the instrument.

Fully explain the facts which make an assessment necessary or desirable State that no educational placement will result from the assessment without parental

consent. Include a copy of the notice of parent rights including an explanation of all procedural

safeguards of state and federal special education law

Timelines for Assessment and IEP Parent must give written consent to conduct assessment. Parent has 15 calendar days to arrive at a decision.

• Written shall be obtained before any assessment of the student is conducted unless the public education agency prevails in a due process hearing. The parent shall have at least 15 days from the receipt of the proposed assessment plan to arrive at a decision.

Assessment will be completed and IEP developed within 60 calendar days of receipt of parent’s written consent for assessment. It is expected that the student’s IEP will be implemented immediately following the IEP meeting.• Exceptions: when meetings occur during summer or vacation period or where

circumstances require a short delay (ex. Transportation arrangements). There can be no undue delay in providing special education and related services to the child.

• If the parent does not consent to all components of the IEP, then those components to which consent has been given shall be implemented so as not to delay providing education and services to the child.

Evaluation

Individualized testing Evaluation in the native language or mode of communication

• Unless clearly not feasible to do so Nondiscriminatory evaluation

• On a racial or cultural basis Any standardized tests to be validated for the specific purpose for

which they are used Tests administered by trained and knowledgeable personnel Tests administered in accordance with any instructions provided by

the producer of such tests The student must be assessed in all areas of suspected disability No single procedure is used as the sole criterion for determining

special education and an appropriate educational program Re-evaluation at parent request requires IEP

Assessed In All Areas

The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence,academic performance, communicative status and motor disabilities.

In evaluating each child with a disability, the evaluation is sufficiently comprehensive to identify all of the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.

Eligibility Criteria for Emotionally Disturbed

Because of a serious emotional disturbance, pupil exhibits one or more of the following characteristics over a long period of time and to a marked degree, which adversely effects educational performance:

* An inability to learn which cannot be explained by intellectual, sensory, or health factors * An inability to build or maintain satisfactory interpersonal relationships with peers and teachers * Inappropriate types of behavior or feelings under normal circumstances exhibited in several situations * A general pervasive mood of unhappiness or depression * A tendency to develop physical symptoms or fears associated

with personal or school problems

Eligibility Criteria for Other Health Impaired

A student has limited strength, vitality or alertness, due to chronic health problems, including but not limited to…(includes ADD/ADHD per California Education Code Section 56339)

Which adversely affects a student’s educational performance

What does “Adversely Affects Educational Performance” Mean?

Educational performance is a broad concept that includes academic, social, health, emotional, communicative, physical, and vocational needs

Grades and standardized tests are only one measure of educational performance

Schools must consider how a student’s emotional, health or other conditions (ADD/ADHD) adversely affect the student’s non-academic performance in social, behavioral, and other domains (including non-classroom settings)

Least Restrictive Environment (LRE)

Each public agency shall ensure –

• That to the maximum extent appropriate, children with disabilities including public or private institutions or other care facilities are educated with children who are non-disabled.

• That 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 the education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

Definition of Parent

A natural or adoptive parent A foster parent A guardian – but not the State if the student

is a ward of the court An individual acting in the place of a natural

or adoptive parent, including:• A grandparent, stepparent, or other relative with

whom the student lives, or

• An individual who is legally responsible for the student’s welfare

An appointed surrogate parent

Appointment of A Surrogate Parent First preference given to relative caretaker, foster parent,

or CASA Represent the student in matters related to the provision

of special education and related services Representation includes written consent for IEP including

mental health treatment services, non-emergency medical services and occupational or physical therapy services

Surrogate parent may resign only after giving notice to school district

School district may terminate appointment for cause

Prior Written Notice Provided A Reasonable Time Before School District

Proposes or Refuses To Change Identification, Assessment, Placement or Provision of FAPE

Must Include:• A Description of Action Proposed or Refused by

School District• An Explanation of Why School Proposes Action• An Explanation of the Evaluation, Procedure, Test or

Report the School Used as the Basis for the Action or Inaction

• A Copy of Parents Right to Challenge the Action or Inaction

IEP Team The public agency shall ensure that the IEP team for each child

with a disability includes:• The parents of the child• One regular education teacher if the child is participating in a regular education

environment• At least one special education teacher or provider of the child• A representative of the public agency who -

• Is qualified to provide or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities

• Is knowledgeable about the general curriculum and the availability of resources of the public agency

• An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described above

• At the discretion of the parent or the agency, other individuals who have knowledge or expertise regarding the child

• If appropriate, the child.

Elements of the IEP Emphasizing General Ed Involvement

“Present levels of educational performance” must state how the child’s disability affects involvement and progress in the general curriculum.

“Annual goals, including benchmarks/objectives” are related to helping the child be involved and progress in the general curriculum.

Transition Requirements

Included On IEP After Student Turns 16 Contains Appropriate, Measurable Post

Secondary Goals Transition Services – Including Courses of

Study Based on Age-Appropriate Assessment

• Training

• Education

• Employment

• Independent Living Skills

Parent IEP Rights Written Notice of Time, Location, Purpose of

Meeting and Who Will Be Attending. • Early Enough Notice to Ensure Parent Has

Opportunity To Attend • For Student Who is 16, Informed That Transition Will

Be Discussed and Student Invited Meeting Scheduled at a Mutually Agreed

Upon Time and Place Right To Attend the Meeting and Be

Accompanied By Other Persons Ability To Present Concerns

Parent IEP Rights

Have A Language or Sign Interpreter Present – 504 and ADA Requirements

Obtain Copy of IEP IEP To Be Reviewed Annually IEP To Be Implemented As Soon As Possible IEP Must Be In Place At the Beginning of Each

School Year

Present Levels of Educational Performance

Academic Cognitive Perceptual Psychomotor Communication Social/Emotional/Behavioral Self-help/Daily Living Skills Transition Needs

Additional IEP Requirements

Linguistically Appropriate Goals, Objectives and Services Behavioral Support and Services Pre-vocational/ Vocational Education Extended Year Services (Summer School) Low-Incidence Disabilities Transition Services – School To Community Transition Services – Regular Class Program

Goals and Objectives

Annual Measurable Goals Short–term Objectives/Benchmarks for

students with Severe Disabilities Objective Criteria and Evaluation Procedures

for Measuring Achievement Schedule for Measurement Address Underlying Disability and Involvement

and Progress in General Curriculum NOT RECYCLED YEAR TO YEAR

Statement of Special Education and Related Services

Provide Clear Picture of Needs Based on Individual Student Needs Relate to Other Parts of IEP Statement may Include, but not Limited to:

• Curriculum

• Behavioral Management Techniques

• Class Age and Ability Ranges

• Teacher-Pupil Ratios

• Equipment and Materials

• Modifications to Regular Classroom

Report of Progress and Testing Accommodations

Decision of the Full IEP Team Frequency – Report Cards/IEP Review Determines Graduation Alternatives Addresses Accommodations and Modifications

To Testing Determines Participation In Standardized

Testing (STAR, Exit Exam)

Discipline - Suspension Students are generally treated the same as nondisabled students Misconduct requiring suspension must be related to a school activity School districts should use alternatives to suspension or expulsion to address

problems of truancy, tardiness and other absences from school Suspension is appropriate only after other means of correction have failed to

bring about proper conduct Teacher may order a suspension of for the day of the suspension and following

day, a principal or superintendent up to 5 consecutive days or 10 consecutive days by the governing board of the school district

Pre-suspension conference with student must be held unless an “emergency situation exists.” If no conference is held at the time of the suspension, the parent and student must be notified of the right to a conference. The conference must be held within 2 days of the suspension

School employee must make reasonable efforts to contact parents at the time of any suspension

Parents must receive a written notification of the suspension

Discipline - Expulsion

Expulsion of special education students is restricted  Expulsion is considered a change of placement

No suspension for more than 10 consecutive days or 10 cumulative days if the suspensions represent a pattern of suspensions

  Manifestation Meeting required prior to expulsion.

Students considered for expulsion may be removed to Interim Placement

If expelled, special education services do not cease

Manifestation Determination Meeting

IEP team must determine if the behavior subject to discipline was:

(Federal Requirement)

Caused by, or was in direct/substantial relationship, to child’s disability or A direct result of the school district’s failure to implement the IEP

(Previous Requirement)

1. The student’s IEP and placement were appropriate and the special education, supplementary aids and services and behavior interventions strategies were provided consistent with that IEP and placement

2. The student’s disability did not impair his ability to understand the impact and consequences of the behavior subject to discipline

3. The student’s disability did not impair his ability to control the behavior subject to discipline

Contact Information

Steve Ashman

209.525.6674 casaed@stanct.org