Special Education Issues Special Education Issues for Children in the for Children in the

Dependency SystemDependency System

Special Education Issues Special Education Issues for Children in the for Children in the

Dependency SystemDependency SystemGerard GlynnGerard Glynn

Barry University School of LawBarry University School of Law6441 E. Colonial Drive 6441 E. Colonial Drive

Orlando, FL 32807Orlando, FL 32807gglynn@mail.barry.edu

Dependent Children and Special Education

Needs• Children with Disabilities and

Familial Stress• Part of Larger mandate for

Interagency Agreements – 39.0016

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Understanding and ApplyingSpecial Ed Entitlements:ADVANTAGES FOR

KIDS– Avoid Unlawful Exclusions from

School– Avoid Unnecessary Prosecutions– Avoid Punitive (and Counter-

Productive), Costly “Services” and Placements

– Get Useful (and Productive) Services and Placements

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Understanding and ApplyingSpecial Ed Entitlements

– Get Useful Services for Kids and Their Parents

– Leverage Resources to support Dependency Efforts

– Stabilize Families and Keep Them Together

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Issues to Consider• In Special Education, the parent retains

the rights – Thus the parent is the client– Role of Surrogate parent when parent is not

available

• Don’t be afraid of special education law– It is designed to empower parents – Don’t allow the educators to use their special

language – ask questions

Issues to Consider• Changes in Placement

– Records need to follow the child – New plan will be developed – Old plan in place until new plan

developed – Stability is important!

• Residential Treatment Center and School Placement

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Federal Laws Implicated

Individuals with Disabilities Education Improvement Act (IDEIA) – Stacy Matthews piece – page 220

Section 504 of the Rehabilitation Act – Christopher Walker’s Piece – page 233.

No Child Left Behind Act of 2001

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IDENTIFICATION, ELIGIBILITY, & EVALUATION

• Population Defined• Personnel Development• Child Find: Duty to Identify• Notice & Consent for Evaluation• Evaluation Procedures• Independent Educational Evaluation

Qualifications for Special Education

• Defined Disability– In Florida includes students with high

IQ

• Interfering with educational progress

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INDIVIDUAL EDUCATIONAL

PROGRAM• Requirements for an IEP• LRE (Least Restrictive

Environment)• IEP (Individualized Education

Program)

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Content of Individual Education Plan

• Provide an appropriate Individualized Special Education – Not just what the school has available

• Provide necessary related services • To confer a meaningful educational benefit

– Rowley – some educational benefit – not best– No Child Left Behind Implications

• In the least restrictive environment

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PROCEDURAL SAFEGUARDS & DISPUTE RESOLUTION

• Notice and Consent for Change In Placement

• Alternative Dispute Resolution• Due Process Hearing and Civil Court

Proceedings

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RIGHTS OF STUDENTS WHO ARE DISCIPLINED

• Short-term and Cumulative Suspensions• Placement in Alternative Educational

Settings• Manifestation Determination Review• Parent Appeal• Placement During Appeals• Protection for Children Not Eligible for

Special Education or Related Services

Special Education Issues Special Education Issues for Children in the for Children in the

Dependency SystemDependency System

Special Education Issues Special Education Issues for Children in the for Children in the

Dependency SystemDependency SystemGerard GlynnGerard Glynn

Barry University School of LawBarry University School of Law6441 E. Colonial Drive 6441 E. Colonial Drive

Orlando, FL 32807Orlando, FL 32807gglynn@mail.barry.edu