SPECIAL EDUCATION: Pro Bono Representation at IEP Meetings and Due Process Hearings Equip for...

RESO U RC E D EVELO PM EN T

SPECIAL EDUCATION:Pro Bono Representation at IEP

Meetings and Due Process Hearings

Equip for Equality

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Special Education: What You Need to Know


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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

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Special Education Laws

Individuals with Disabilities Education Improvement Act 2004 (IDEA)

20 USC 1400 purpose

1401 definitions

1412 child find, LRE,FAPE

1414 evaluations, consent, eligibility, IEP, Placement

1415 Procedural Safeguards

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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

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How long does a student receive special education?

A student receives special education until the day before his/her 22nd birthday in Illinois.

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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,…

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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.

Removalnature 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.

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Special Education Services

1. Request Written Request by Parent, State agency, or

school may initiate request for initial case study evaluation

2. Consent Parent can include consent in request letter or School must provide parent consent form

within 14 days of request

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2. Consent

for Case Study Evaluations

Parental Consent not referral, starts the Case Study Evaluation (CSE) timeline, 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)

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1. Request

2. Consent

3. Case Study Evaluation (CSE)

4. Eligibility Meeting –MDC

5. Individualized Education Program (IEP) meeting

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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.”

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1. Request

2. Consent




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4. Eligibility Meeting –Multidisciplinary ConferenceTeam 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

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1. Request

2. Consent




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What is an IEP?

Legally binding Like a contract Every special ed student has one

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SPECIAL EDUCATION RULE

IF IT’S NOT WRITTEN DOWN

IT DIDN’T OR WON’T

HAPPEN

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5. Individual Education Program (IEP) meeting IEP meeting held at least annually 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– Representative of Local Education Agency (LEA)

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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

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IEP Meeting

Case manager will run the meeting Informal meeting Sit around conference table at school

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What’s in an IEP?

Present Levels of Performance Goals & Objectives/Benchmarks Special Education Services Progress Reports Related Services Supplementary Aids and Services Transition Services (IL 14 ½ and up) – IDEA 16

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Present Levels of Performance (PLOP)

A Statement of the child’s academic achievement and functional performance – Present Level of Performance “PLOP”

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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

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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

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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

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Supplementary Aides and Services

This may be some type of accommodation the student needs

Can include staff training

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What’s in the rest of the IEP?

See sample CPS IEP.

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Reevaluation - every 3 years

Meet to discuss what information the school already has and what information is still needed

reevaluation every 3 years UNLESS parent and school agree it is unnecessary

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Conflict Resolution Options

Documentation Independent Educational Evaluation Request an IEP Meeting State Complaint Mediation Due Process Hearing

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What do I do if I am representing a student?

You will receive an email from within your firm about pro bono opportunities.

Respond to that email, indicating your interest in taking the case.

Samantha Banks 7042 S. Kimbark Apt 2 Chicago , IL 60637 Regarding: Case Study Evaluation Request Student’s Name: Billy Coleman Student’s Address: 7042 S. Kimbark Apt 2

Chicago , IL 60637 Date of Birth: January 16, 1997 Current School: Paul Revere Dear Ms. Thompson:

I am requesting a complete Case Study Evaluation for Billy Coleman to be considered for special education services. Billy has had numerous difficulties in school. Billy is unable to sit still and teachers have written him up for getting out of his seat and disrupting the class. Billy has gotten into physical and verbal fights with other students and made statements that have been interpreted as threatening. Billy has invaded other students’ space in a threatening manner, such as pointing a pencil close to another student’s eye. Billy has repeatedly been given suspensions and detentions, but his behavior has not improved, and has in fact gotten worse. I have requested a Case Study Evaluation in the past, and Hartgrove Hospital also sent a letter on my behalf requesting a Case Study Evaluation for Billy.

Paul Revere had knowledge that Billy Coleman needs special education services

before the November 3, 2008 incident with Mr. Wash occurred and therefore the protections of the Individuals with Disabilities Education Act should apply to Billy.

___The parent of the child has expressed concern in writing to supervisory or administrative personnel of the appropriate educational agency or a teacher of the child that the child is in need of special education and related services. A copy of this communication is attached. __X__The parent requested an evaluation for special education services in an August 2008 meeting with Ms. Thompson. __X__The teacher of the child, or other personnel of the local educational agency, has expressed specific concerns about a pattern of behavior demonstrated by the child, directly to the director of special education of such agency or to other supervisory personnel of the agency

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What do I do if I am representing a student at an IEP meeting?

Inform EFE that you are interested in the case.

We will give you the necessary information so you can perform a conflicts check.

Obtain the necessary supervision within your firm

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If you are able to take the case, inform EFE. Olga Pribyl will inform you which EFE attorney will be your backup on the case.

Arrange a time to meet with the EFE attorney to get the file and ask any initial questions you may have.

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• Review the file. Brainstorm about arguments in your favor, and arguments that are in the District’s favor.

• Call EFE with any questions you may have.

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Meet with the Parent and Child

• In the initial meeting, the parent and child will sign the retainer and you will discuss the family’s goals for the representation and what avenue you think you should try to achieve those goals (I.e. IEP meeting, due process request, etc.)

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IEP Meeting

Once you and the parent have determined the goals of the representation and you have determined the arguments you are going to make to accomplish those goals, draft a letter to the District explaining your request for an IEP meeting and your arguments for what the student needs in order to make meaningful educational benefit

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IEP Meeting

• Send the letter to the District Superintendent and school principal (or if there is a lawyer on the case, then to the lawyer)

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How should you prepare for an IEP meeting?

Have a detailed conversation with the parent and student prior to the meeting.

Know strengths/weaknesses of your arguments as to why the student needs what the parent and student are asking for.

Shadow an EFE attorney at an IEP meeting prior to your meeting, if you would like.

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What should you expect at the IEP meeting?

• You may have been provided with a copy of any evaluations done, and if so, you should review those ahead of time and speak with the parent about those. If you did not get those ahead of time, arrive at the meeting early, ask for the evaluations, and ask for a private room to review the evaluations and discuss them with the parent.

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• If the attorney is willing to talk with you before the meeting (either the day of the meeting or prior to that day) about the District’s position on the case, try and find out what the District is willing to do with the case. If the District is going to agree with what you want, you will not have to do as much at the meeting.

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• The IEP should be completed at the meeting. Occasionally, one part will not be completed and you will have to receive that part at a later date. I always ask for a draft copy of the IEP before leaving, even if the IEP is not completed.

• If the IEP is completed, do not leave the meeting without a copy for yourself and the parent!

• If you disagree with anything at the meeting, inform the IEP team that you will be writing a dissent on behalf of the parent and make sure that it is noted on the IEP that you will be writing a dissent (at CPS, this is noted on the lower right hand corner of page 1).

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There will always be an EFE backup person available for you to call during the meeting if necessary.

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• After the meeting, you can take your time to write the dissent. I try to provide the dissent to the opposing counsel within a week’s time of the meeting. You can fax/email the EFE backup a copy of the IEP if you would like advice on writing a dissent.

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• If the meeting was not successful, speak with the parent about what steps you think should be taken (if any)

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Filing a Due Process Complaint

The due process hearing request should include-– The student’s name, address, date of birth, parent’s name,

telephone number, and the school the student currently attends

– A factual history describing the nature of the problem– Legal issues in the case– Requested relief

See sample due process complaints in your training manual, Section 3.

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What to expect when you file for due process?

The District will respond to your request within 10 days.

ISBE will assign a hearing officer who will contact you to schedule the prehearing conference and due process hearing dates.

You have a right to strike one hearing officer without cause within 5 days.

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Due Process Hearings: Similarities to Trials

A due process hearing is an administrative hearing that is similar to a trial.

You will prepare and proceed like you would with a trial– Pre-trial motions– Opening statements– Directs and crosses of witnesses– Exhibits– Closing arguments or briefs

The District will pay for a court reporter for the entire hearing.

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Due Process Hearings: Major Differences from Trials

The rules of evidence are loosely applied. The structure is more flexible and relaxed. The proceedings usually take place at a

school.

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Questions????

SPECIAL EDUCATION: Pro Bono Representation at IEP Meetings and Due Process Hearings Equip for...

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