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ARC Chairperson Training Introduction

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The Language of Special Education

Acronyms

3Laws that Protect Students with Disabilities

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Overview of Laws•Individuals with Disabilities Education Improvement Act (IDEIA)

•No Child Left Behind•Americans with Disabilities Act (ADA)

•Section 504 of the Rehabilitation Act

•The Family Educational Rights and Privacy Act

Legal Background

•Federal Law-Individuals with Disabilities Education Improvement Act (IDEIA 2004)

•State Law-Kentucky Administrative Regulations Related to Exceptional Children (2008)

•Local-School District Special Education Policies/Procedures (updated annually)

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IDEIAIndividuals with Disabilities

Education Improvement Act (2004)•Federal Education Law•Qualify for at least 1 of 13 federal disabilities AND

•MUST need specialized support & instruction to benefit from education (Adverse affect).

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FERPAFamily Educational Rights &

Privacy Act •Federal Education Privacy Law•ALL students. •Right to inspect and review “any and all”

records the district keeps •Right to request correction of records•Right to consent to disclosure of

personally identifiable information contained in education records

8Free and Appropriate Public Education

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Free Appropriate Public Education (FAPE)

Specially designed instruction & related services:•Provided at public expense•Under public supervision & direction•Provided in accordance with IEP

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Free Appropriate Public Education (FAPE)

•Evaluation/reevaluation•Access to general curriculum•Participation with nondisabled peers▫Academic, nonacademic, & extracurricular

•Ages 3-21

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Child Find

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Child Find System

Activities to locate, identify, & evaluate a child: ▫Ages 3 to 21 years old ▫Resides in a home, facility, or residence in district

▫Attends a private school located in district

▫Either in or out of school▫ May need special education and related services

13The Admissions and Release Committee (ARC)

ARC Responsibilities •Act on Referral •Determine

▫Need to Evaluate

▫Eligibility▫Placement

•Obtain consent:▫to Evaluate▫for Services

•Conduct Evaluation•Implement/Monitor IEP

•Annual Review•Reevaluation•Transition Planning •Determine LRE•Develop, Review, or Revise IEP

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ADMISSIONS AND RELEASE COMMITTEE

All decisions are:▫based upon evaluation & progress data

▫consensus of members▫documented in writing

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Required Members

•ARC Chairperson/LEA Representative

•Regular education teacher•Special education teacher

Other Members

•Parent ▫invited and encouraged to attend

•Student, if appropriate▫always invited once 14 or in 8th grade

•An individual who can interpret the instructional implications of evaluation results

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OTHER MEMBERS

•Related Service Provider▫Speech Language Pathologist

▫Occupational Therapist▫Physical Therapist

•Community Agency Representative▫Mental Health Agency▫Voc. Rehab▫Impact

ARC MEMBERSHIP

Documentation of ARC Membership should be done by completion of Notice and Signatures at

the end of the meeting.

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20Roles and Responsibilities of the ARC

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ARC Chair

•The ARC chair is The Local Education Agency (LEA) Representative

•The LEA Representative must be:▫Knowledgeable about general curriculum

▫Qualified to provide or supervise the provision of specially designed instruction

▫Able to commit personnel and fiscal resources needed to implement the IEP

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Determination of Educational Representative

•Each district should have a process in place for determining the educational representative, 707 KAR 1:340 section 6▫documentation must be filed in the due process folder

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Determination of Educational Representativea) A biological or adoptive parent of a childb) A guardian generally authorized to act as

the child’s parent, or authorized to make educational decisions for the child, but not the state if the child is a ward of the state

c) A person acting in the place of a biological or adoptive parent or a person legally responsible for the child’s welfare

d) Foster parente) Surrogate parent

Kentucky Regulations

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Procedural Safeguards Notice(Parents’ Rights)

•Given to parent one time per year & upon:▫initial referral or parent request for eval;▫receipt of first state written complaint;▫receipt of first filing of a due process

hearing in a school year;▫accordance with discipline procedures in

which decision made to remove student, which constitutes change in placement because of violation of code of student conduct; and

▫parent request

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7 “Deadly Sins”

School districts enter due process due to:1. Committing procedural violations 2. Denying service based on cost3. Refusing to consider something

new/different4. Giving in to parental demands without

cause5. Acting on principle, rather than reason6. Failing to assume the burden of proof7. Failing to secure services in a timely

manner

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KDE Resources

www.education.ky.gov▫ Eligibility Policy Letter and Webinar▫ Other Policy Letters▫ Guidance Document for IEP Development▫ IEP and Lesson Plan Development Handbook▫ KSI/RtI Document and Resources▫ SLD Eligibility Guidance Document▫ Collaborative Teaching Practices Q and A▫ Restraint and Seclusion Q and A▫ Compliance Record Review Document

(updated annually) ▫ KSIS Data Standards

http://education.ky.gov/districts/tech/sis/pages/ksis-data-standards.aspx