Individuals with Disabilities Education Act (IDEA) And

Individualized Education Program (IEP):

What Everyone Needs to Know

Presenter:Jill Hill Fane

Family AdvocateJacksonville System of Care Initiative

Mental Health America of Northeast FloridaFederation of Families of Northeast Florida

904-379-0617 Officejill@mhajax.orgwww.mhajax.orgwww.fofjax.org

Special Education History in Florida 1926 Jacksonville is the first in the state to have a Special Education Class 1941 School districts permitted to serve “physically handicapped children.” 1945 School districts permitted to serve children who are “educable mentally

retarded.” 1947 Beginning of the Exceptional Child Program with funding through the

Minimum Foundation Program. 1965 Congress creates a Bureau of Education for the Handicapped later named

Office of Special Education Programs (OSEP). 1972 Two landmark decisions made through the Supreme Court decide that

children with disabilities should have an equal right to access education. Mills v. D.C. Board of Education & PARC v. Pennsylvania.

1974 The Family Educational Rights and Privacy Act (FERPA) is passed allowing parents access to all personal information used by the school regarding their child.

1975 An Act that allows all school districts to educate students with disabilities, called the Education for All Handicapped Children Act (EAHCA), is passed. It is later amended and renamed as Individuals with Disabilities Education Act (IDEA) in 1990.

Before 1975, children with disabilities were regularly excluded from public schools despite obligatory education laws set since 1918. http://www.fldoe.org/ese/pdf/hist_letter.pdf

Special Education History in FloridaDuring 1975 Congress passed the Education for All

Handicapped Children Act, It later was renamed as Individuals with Disabilities Education Act (IDEA). It required public schools to provide students with disabilities four main services: 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 particular needs.

To ensure that the rights of children with disabilities and their parents or guardians are protected.

To assist States and localities to provide for the education of all children with disabilities.

To assess and ensure the effectiveness of efforts to educate children with disabilities. (US Department of Education)

Special Education History in Florida 1977 The final federal regulations are passed and require school districts to adhere to a set of

rules when providing education to children with disabilities. 1980 Competency in exceptional student education for teaching certificate required 1981 Access to public buildings for physically handicapped mandated. 1989 Graduation rate calculation revised to include special diploma and certificate of

completion. 1990 Individuals with Disabilities Education Act (IDEA) 1990 Mental health impairments included in special hospital and homebound funding. 1994 1994 Special Diploma Option 2, based on employment and community competencies,

developed and approved. Juvenile Justice Education Programs established. 1999 Americans with Disabilities Act is enacted allowing disabled children to become more

common place in school districts and gives parents and children certain rights under IDEA. 2001 The No Child Left Behind law becomes enacted calling for ALL students to become

proficient in reading and math by the year 2014. 2003 Florida Comprehensive Assessment Test (FCAT) waiver for students with disabilities for

whom it is determined that FCAT cannot accurately measure student’s ability allowed. 2005 IDEA Reauthorized 2007 Sunshine State Standards adopted for reading, mathematics, and language arts include

access points for students with disabilities. 2011 Access requirements to postsecondary education for individuals with intellectual

disabilities changed with the amendment of section 1004.015

IDEA LAW• Individuals with Disabilities Education

Improvement Act of 2004• Guides states and school districts in providing

specially designed instruction and related services

• Parts A, B, C, and D• Part A: General Provisions, Definitions and

Other Issues• Part B: Assistance for Education of All

Children with Disabilities (School)• Part C: Infant and Toddlers with Disabilities

(Early Steps)• Part D: National Activities to Improve

Education of Children with Disabilities (Parent Training Centers, Central Florida Parent Center and Florida Network on Disabilities)

http://idea.ed.gov/

What is IDEA Part B?The nation’s special education law,

Individuals with Disabilities Education Act (IDEA), sets high standards for achievement and guides how special help and services are made available in schools to address students individual needs through an Individualized Education Plan (IEP). These students must meet criteria qualification for Special Education Services.

What is the criteria qualification for Special

Education Services..To be eligible for IDEA…

• A child must meet the criteria of one or more disability categories

AND

• Must also need specially designed instruction and related services

IDEA Categories• Autism (ASD with the DSM-V)

• Emotional Disturbance• Hearing Impairments

(Including Deafness)• Intellectual Disability• Orthopedic

Impairments• Other Health

Impairments

• Specific Learning Disabilities

• Speech/Language Impairments

• Traumatic Brain Injury

• Visual Impairment • Developmental

Delays (Ages 3 through 6)

What is the criteria qualification for Special

Education Services..To be eligible for IDEA…

• A child must meet the criteria of one or more disability categories

AND

• Must also need specially designed instruction and related services

What is Specially Designed Instruction and Related ServicesSpecially Designed Instruction refers to the teaching strategies and methods used by teachers to instruct students with learning disabilities and other types of learning disorders.Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction—

To address the unique needs of the child that result from the child’s disability; and

To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children. [§300.39(b)(3)]

Thus, as part of designing the instruction to fit the needs of a specific child, adaptations may be made in the content, methodology, or delivery of instruction.

Related services is defined by the United States Individuals with Disabilities Education Act ("IDEA") 1997 as,

"transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education..."[section 300.24(a)].

The related services include: audiology, counseling services, early identification, family training-counseling and home visits, health services, medical services, nursing services, nutrition services, occupational therapy, orientation and mobility services, parent counseling and training, physical therapy, psychological services, recreation and therapeutic recreation, rehabilitative counseling services, school health services, service coordination services, social work services in schools, speech pathology and speech-language pathology, transportation and related costs, and assistive technology and services. Related services were mandated in the IDEA 1997, and more than 6.1 million children with disabilities received related services in 1998-1999 (Nichcy).

The related services according to IDEA, "...assist a child with a disability to benefit from special education" [section 300.24(a)]. Related services also help children with exceptionalities to reach their IEP goals and objectives.

Principles Included in IDEA

Principles Included in IDEA• Appropriate evaluation• Parent & student

participation• Least Restrictive Environment• Free Appropriate Public

Education (FAPE)• Procedural safeguards• Individualized Education

Program/Plan (IEP)

Evaluation

Identifying Children for EvaluationBefore a child’s eligibility under IDEA can be determined, a full and individual evaluation of the child must be conducted. There are two ways a child may be identified to receive an evaluation under IDEA:

Parents may request that their child be evaluated. Parents are often the first to notice that their child’s learning, behavior, or development may be a cause for concern. If they’re worried about their child’s progress in school and think he or she might need extra help from special education services request an evaluation. If the school agrees that an evaluation is needed, it must evaluate the child at no cost to parents.

The school system may ask to evaluate the child. Based on a teacher’s recommendation, observations, or results from tests given to all children in a particular grade, a school may recommend that a child receive further screening or assessment to determine if he or she has a disability and needs special education and related services. The school system must ask parents for permission to evaluate the child, and parents must give their informed written permission before the evaluation may be conducted.

Appropriate Evaluation Category of disability

Whether the child needs specially designed instruction and/or related services

The present levels of academic achievement and related developmental needs

Whether any accommodations (Adaptations) or modifications are needed

Giving Parents NoticeIDEA requires the school system to notify parents in writing that it would like to evaluate their child (or that it is refusing to evaluate the child). This is called giving prior written notice. The school must also:

• explain why it wants to conduct the evaluation (or why it refuses); describe each evaluation procedure, assessment, record, or report used

as a basis for proposing the evaluation (or refusing to conduct the evaluation);

where parents can go to obtain help in understanding IDEA’s provisions; what other options the school considered and why those were rejected;

an a description of any other factors that are relevant to the school’s

proposal (or refusal) to evaluate the child.

The purpose behind this thorough explanation is to make sure that parents are fully informed, understand what is being proposed (or refused), understand what evaluation of their child will involve (or why the school system is refusing to conduct an evaluation of the child), and understand their right to refuse consent for evaluation, or to otherwise exercise their rights under IDEA’s procedural safeguards if the school refuses to evaluate.

Parental Consent Before the school may proceed with the evaluation, parents must give

their informed written consent. This consent is for the evaluation only. It does not mean that the school has the parents’ permission to provide special education services to the child. That requires a separate consent.

If parents refuse consent for an initial evaluation (or simply don’t respond to the school’s request), the school must carefully document all its attempts to obtain parent consent. It may also continue to pursue conducting the evaluation by using the law’s due process procedures or its mediation procedures, unless doing so would be inconsistent with state law relating to parental consent.

However, if the child is home-schooled or has been placed in a private school by parents (meaning, the parents are paying for the cost of the private school), the school may not override parents’ lack of consent for initial evaluation of the child. As the Department of Education (2006) notes: “…once parents opt out of the public school system, States and school districts do not have the same interest in requiring parents to agree to the evaluation of their children. In such cases, it would be overly intrusive for the school district to insist on an evaluation over a parent’s objection.” (71 Fed. Reg. at 46635)

The Scope of EvaluationA child’s initial evaluation must be full and individual, focused on that child and only that child.

The evaluation must use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent. When conducting an initial evaluation, it’s important to examine all areas of a child’s functioning to determine not only if the child is a child with a disability, but also determine the child’s educational needs. This full and individual evaluation includes evaluating the child’s:

health, vision and hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities

Review Existing DataEvaluation (and particularly reevaluation) typically begins with a review of existing evaluation data on the child, which may come from the child’s classroom work, his or her performance on State or district assessments, information provided by the parents, and so on.

The purpose of this review is to decide if the existing data is sufficient to establish the child’s eligibility and determine educational needs, or if additional information is needed. If the group determines there is sufficient information available to make the necessary determinations, the public agency must notify parents:

The determination and the reason for it Parents have the right to request assessment to determine the child’s eligibility and

educational needs. Unless the parent request an assessment, the public agency is not required to conduct one.

If it is decided that additional data is needed, the group then identifies what is needed to determine:

whether the student has a particular category of disability Student’s present levels of performance and his or her academic and developmental needs; whether your child needs special education and related services whether any additions or modifications are needed in the special education and related

services to enable the child to meet the goals set out in the IEP to be developed and to participate, as appropriate, in the general curriculum.

What About Evaluation for Specific Learning Disabilities?

It’s important to note, that IDEA 2004 made dramatic changes in how children who are suspected of having a learning disability are to be evaluated.

States must not require the use of a severe discrepancy between intellectual ability and achievement.

States must permit the use of a process based on the child’s response to scientific, research-based intervention; and

States may permit the use of other alternative research-based procedures for determining whether a child has a specific learning disability.

The team that makes the eligibility determination must include a regular education teacher and at least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher.

Determining EligibilityThe child’s assessment results should be explained. The specialists who assessed the child will explain what they did, why they used the tests they did, your child’s results on those tests or other evaluation procedures, and what the child’s scores mean when compared to other children of the same age and grade.

It is important to know that the group may not determine that a child is eligible if the determinant factor for making that judgment is the child’s lack of instruction in reading or math or the child’s limited English proficiency.

The child must otherwise meet the law’s definition of a “child with a disability”–meaning that he or she has one of the disabilities listed in the law and, because of that disability, needs special education and related services.

If the evaluation results indicate that the child meets the definition of one or more of the disabilities listed under IDEA and needs special education and related services, the results will form the basis for developing the child’s IEP.

What if You Don’t Agree with the Evaluation Results?

If you, as parents of a child with a disability, disagree with the results of your child’s evaluation as obtained by the public agency, you have the right to obtain what is known as an Independent Educational Evaluation, or IEE. An IEE means an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of your child. If you ask for an IEE, the public agency must provide you with, among other things, information about where an IEE may be obtained.

Who pays for the independent evaluation? The answer is that some IEEs are at public expense and others are paid for by the parents. The public agency may grant your request and pay for the IEE, or it may initiate a hearing to

show that its own evaluation was appropriate. The public agency may ask why you object to the public evaluation. However, the agency may not

require you to explain, and it may not unreasonably delay either providing the IEE at public expense or initiating a due process hearing to defend the public evaluation.

If the public agency initiates a hearing and the final decision of the hearing officer is that the agency’s evaluation was appropriate, then you still have the right to an IEE but not at public expense. As part of a due process hearing, a hearing officer may also request an IEE. Whenever an IEE is

publicly funded, that IEE must meet the same criteria that the public agency uses when it initiates an evaluation.

Parents have the right to have your child independently evaluated at any time at your own expense. The results of this evaluation must be considered by the public agency, if it meets agency criteria,

in any decision made with respect to providing your child with FAPE.

Independent Educational Evaluation

At public expense if parent disagrees

In writing / no reason

Without delay: IEE or Hearing

Hearing determines appropriateness of initial evaluation

What is RtI (Response to Intervention)?

RtI, identify students at risk for poor learning outcomes, monitor student progress, provide evidence-based interventions and adjust the intensity and nature of those interventions depending on a student’s responsiveness, and identify students with learning disabilities or other disabilities. (NCRTI, 2010)

These elements of RTI can be observed readily in almost any RTI implementation. Struggling children are identified through a poor performance on a class,

school, or district wide screening intended to indicate which children may be at risk of academic or behavioral problems.

A child may also be identified through other means, such as teacher observation.

The school provides the child with research-based interventions while the child is still in the general education environment and closely monitors the student’s progress (or response to the interventions), and adjusts their intensity or nature, given the student’s progress.

RTI can also be instrumental in identifying students who have learning disabilities.

http://www.rti4success.org/pdf/rtiessentialcomponents_042710.pdf

RTI: Different Levels of Intensity. Tier 1 | At-risk children who have been identified through a screening process receive

research-based instruction, sometimes in small groups, sometimes as part of a class wide intervention. A certain amount of time (generally not more than six or eight weeks) is allotted to see if the child responds to

the intervention. Each student’s progress is monitored closely. If the child does, indeed, respond to the research-based

intervention, then this indicates that perhaps his or her difficulties have resulted from less appropriate or insufficiently targeted instruction.

Tier 2 | If, however, the child does not respond to the first level of group-oriented interventions, he or she typically moves to the next RTI level.

The length of time in Tier 2 is generally a bit longer than in Tier 1, and the level of intensity of the interventions is greater.

They may also be more closely targeted to the areas in which the child is having difficulty. Again, child progress is closely monitored.

The time allotted to see if the child responds to interventions in this more intensive level may be longer than in the first level—a marking period, for instance, rather than six weeks—but the overall process is much the same.

If the child shows adequate progress, then the intervention has been successful and a “match” has been found to what type of instruction works with that child. It is quite possible that, if the problem is caught early enough and addressed via appropriate instruction, the child learns the skills necessary to continue in general education without further intervention.

Tier 3 | On the other hand, if the child does not respond adequately to the intervention(s) in Tier 2, then a third level becomes an option for continued and yet more intensive intervention.

This third level is typically more individualized as well. If the child does not responded to instruction in this level, then he or she is likely to be referred for a full and individual evaluation under IDEA.

The data gathered on the child’s response to interventions in Tiers 1, 2, and 3 become part of the information available during the evaluation process and afterwards, when a determination must be made as to disability and the child’s possible eligibility for special education and related services.

Important Note: At any point in this multileveled process, a child may be referred for evaluation under IDEA to determine if he or she is a “child with a disability” as IDEA 2004’s regulation defines that term at §300.8. Becoming involved in RTI does not mean that a child has to complete a level, or all levels, of an RTI approach before he or she may be evaluated for eligibility for special education and related services. The IDEA 2004’s regulation is very clear about this. RTI may not be used as a means of delaying or refusing to conduct such an evaluation if the school suspects that the child has a disability or if the parents request that the school system evaluate the child.

RtI and Evaluation

The School wants to do RtI before they begin an evaluation?

Multi-Tiered System of Supports (MTSS)http://www.florida-rti.org/floridamtss/index.htmFlorida’s MTSSResponse to Intervention (RtI) has been

described in Florida as a multi-tiered system of supports (MTSS) for providing high quality instruction and intervention matched to student needs using learning rate over time and level of performance to inform instructional decisions.

Phase 1 of implementation for Problem-solving and Response to Instruction/Intervention, came to a close in 2011. Phase II of the statewide implementation of a MTSS has emerged. Read more about the history and future of MTSS in Florida.

Multi-Tiered FrameworkTier 3Intensive Individualized Interventions and Supports More focused, targeted instruction/intervention and supplemental support in addition to and aligned with the core academic and behavior curriculum and instruction

Tier 2Targeted Supplemental Interventions and Supports More focused, targeted instruction/intervention and supplemental support in addition to and aligned with the core academic and behavior curriculum and instruction

Tier 1Core Universal Instruction and Supports General academic and behavior instruction and support designed and differentiated for all students in all settings

The three tiers are not used to describe categories of students, timelines, procedures, or specific programs.

Referral Process• Pre-referral activities

(RTI/MTSS)• Referral• Consent• Evaluation (60 days)• Eligibility Determination

• Written request & consent for evaluation

Parent & Student Participation

Parent & Student ParticipationOne of IDEA’s foundational principles is the right of parents to participate in educational decision making regarding their child with a disability. The law is very specific about what school systems must do to ensure that parents have the opportunity to participate, if they so choose.

Parental rights of participation can be summarized as follows: Parents have the right to participate in meetings related to the evaluation,

identification, and educational placement of their child. Parents have the right to participate in meetings related to the provision of a free

appropriate public education (FAPE) to their child. Parents are entitled to be members of any group that decides whether their child is a

“child with a disability” and meets eligibility criteria for special education and related services.

Parents are entitled to be members of the team that develops, reviews, and revises the individualized education program (IEP) for their child.

Parents are entitled to be members of any group that makes placement decisions for their child.

Parent and students are not required to participate, however; that is their choice. IDEA guarantees is that they are given the opportunity to participate.

If neither parent can attend the meeting the school must use other methods to ensure their participation, including individual or conference calls, or video conferencing.

Alternative Participation

Parents

School / District Personnel

By agreement

“…such as video conferences or conference calls…”

Active Participation Speaking up

Asking questions

Making suggestions

Disagreeing

Communication and Culture Another important component in evaluation is to ensure that assessment tools are not discriminatory on a

racial or cultural basis. Evaluation must also be conducted in the child’s typical, accustomed mode of communication (unless it is

clearly not feasible to do so) and in a form that will yield accurate information about what the child knows and can do academically, developmentally, and functionally. For many, English is not the native language; others use sign to communicate, or assistive or alternative augmentative communication devices. To assess such a child using a means of communication or response not highly familiar to the child raises the probability that the evaluation results will yield minimal, if any, information about what the child knows and can do.

Specifically, consideration of language, culture, and communication mode means the following:

If your child has limited English proficiency, materials and procedures used to assess your child must be selected and administered to ensure that they measure the extent to which your child has a disability and needs special education, rather than measuring your child’s English language skills.

This provision in the law is meant to protect children of different racial, cultural, or language backgrounds from misdiagnosis. For example, children’s cultural backgrounds may affect their behavior or test responses in ways that teachers or other personnel do not understand. Similarly, if a child speaks a language other than English or has limited English proficiency, he or she may not understand directions or words on tests and may be unable to answer correctly. As a result, a child may mistakenly appear to be a slow learner or to have a hearing or communication problem.

If an assessment is not conducted under standard conditions–meaning that some condition of the test has been changed (such as the qualifications of the person giving the test or the method of giving the test)–a description of the extent to which it varied from standard conditions must be included in the evaluation report.

If your child has impaired sensory, manual, or speaking skills, the law requires that tests are selected and administered so as best to ensure that test results accurately reflect his or her aptitude or achievement level (or whatever other factors the test claims to measure), and not merely reflect your child’s impaired sensory, manual, or speaking skills (unless the test being used is intended to measure those skills).

Least Restrictive Environment

Least Restrictive EnvironmentBy law, schools are required to provide a free appropriate public education (FAPE) in the least restrictive environment that is appropriate to the individual student's needs.

"Least restrictive environment" (LRE) means that a student who has a disability should have the opportunity to be educated with non-disabled peers, to the greatest extent appropriate.

They should have access to the general education curriculum, or any other program that non-disabled peers would be able to access.

The student should be provided with supplementary aids and services necessary to achieve educational goals if placed in a setting with non-disabled peers.

Academically, a resource room may be available within the school for specialized instruction, with typically no more than two hours per day of services for a student with learning disabilities.

Should the nature or severity of his or her disability prevent the student from achieving these goals in a regular education setting, then the student would be placed in a more restrictive environment, such as a special school, classroom within the current school, or a hospital program.

Generally, the less opportunity a student has to interact and learn with non-disabled peers, the more the placement is considered to be restricted.

To determine what an appropriate setting is for a student, a team will review the student’s strengths, weaknesses, and needs, and consider the educational benefits from placement in any particular educational setting. With the differences in needs varying broadly, there is no single definition of what an LRE will be, and each student has an Individual Education Plan (IEP).

Free Appropriate Public Education

Free Appropriate Public Education

Under the IDEA, FAPE is defined as an educational program that is individualized to a specific child, designed to meet that child's unique needs, provides access to the general curriculum, meets the grade-level standards established by the state, and from which the child receives educational benefit.

Definition of an Appropriate Education

Some of the criteria specified in various sections of the IDEA statute includes requirements that schools provide each (disabled) student an education that:

is designed to meet the unique educational needs of that one student, addresses both academic needs and functional needs, provides “...access to the general curriculum to meet the challenging

expectations established for all children” (that is, it meets the approximate grade-level standards of the state educational agency, to the extent that this is appropriate)

is provided in accordance with the Individualized Education Program (IEP) is reasonably calculated to enable the child to receive educational benefits.

The free appropriate public education offered in an IEP need not be the best possible one, nor one that will maximize the child's educational potential

rather, it need only be an education that is specifically designed to meet the child's unique needs, supported by services that will permit him to benefit from the instruction.

The IDEA guarantees only a basic floor of opportunity, consisting of specialized instruction and related services which are individually designed to provide educational benefit.

FAPE according to IDEA• Special education and

related services• Provided without charge to

families• Provided under public

supervision and direction• “…in conformity with the

individualized education program.”

Procedural Safeguards

What are the students and Parents Rights?

http://www.fldoe.org/ese/pdf/procedural.pdf

What are Procedural Safeguards?The federal regulations for IDEA 2004 include a

section called Procedural Safeguards. These safeguards are designed to protect the rights of parents and their child with a disability and, at the same time, give families and school systems several mechanisms by which to resolve their disputes.

At least one time a year, the parents of a child with a disability must receive from the school system a complete explanation of all the procedural safeguards available to them, as parents, under IDEA. This explanation is called the “Procedural Safeguards Notice.”

What is the purpose of the procedural safeguards notice?

The purpose of the procedural safeguards notice is simple: to inform parents completely about the procedural safeguards available under IDEA. These represent their rights as parents and the protections they have—and their child as well—under the law and its implementing regulations.

IDEA states that schools must send the procedural safeguards notice to the parents only one time a school year, except that schools must also give a copy to parents: in their child’s initial referral for evaluation under IDEA, or when

the parents ask for such an evaluation of their child; When a State complaint is filed and when the first due process

complaint is received when a parent requests a copy of the procedural safeguards

notice.

Your local school district may also post a current copy of the procedural safeguards notice on its website, if it has a website.

What does the Procedural Safeguards Notice contain?

(A) independent educational evaluation; (B) prior written notice; (C) parental consent; (D) access to educational records; (E) the opportunity to present and resolve complaints, including--

(i) the time period in which to make a complaint; (ii) the opportunity for the agency to resolve the

complaint; and (iii) the availability of mediation;

(F) the child's placement during pendency of due process proceedings; (G) procedures for students who are subject to placement in an interim alternative educational setting; (H) requirements for unilateral placement by parents of children in private schools at public expense; (I) due process hearings, including requirements for disclosure of evaluation results and recommendations; (J) State-level appeals (if applicable in that State); (K) civil actions, including the time period in which to file such actions; and (L) attorneys' fees.

Student RecordsIDEA and other federal laws protect the

confidentiality of your child’s education records. These safeguards address the following three aspects:the use of personally identifiable information;who may have access to your child’s records; andthe rights of parents to inspect their child’s

education records and request that these be amended to correct information that is misleading or inaccurate, or that violates the child’s privacy or other rights.

Prior Written NoticeThe school district must give parents a

written notice (information received in writing), whenever the school district: Proposes to begin or change the identification,

evaluation, or educational placement of the child or the provision of a free appropriate public education (FAPE) to the child; or

Refuses to begin or change the identification, evaluation, or educational placement of the child or the provision of FAPE to your child.

The school district must provide the notice in understandable language

Prior Written NoticeWording Matters

“Due to my right to Prior Written Notice, I would like a written explanation as to why the school has denied ____________________.”

What Does the Notice Include?The written notice must:

Describe the action that your school district proposes or refuses to take; Explain why your school district is proposing or refusing to take the action; Describe each evaluation procedure, assessment, record, or report your

school district used in deciding to propose or refuse the action; Include a statement that the parent has protections under the procedural

safeguards provisions in Part B of the IDEA; Tell you how the parent can obtain a description of the procedural

safeguards if the action that your school district is proposing or refusing is not an initial referral for evaluation;

Include resources for the parent to contact for help in understanding Part B of the IDEA;

Describe any other choices that the child's individualized education program (IEP) Team considered and the reasons why those choices were rejected; and

Provide a description of other reasons why the school district proposed or refused the action.

Notice in understandable language. The notice must be: Written in language understandable to the general public; and Provided in your native language or other mode of communication you use, unless it

is clearly not feasible to do so

PARENTAL CONSENTConsent means:The Parent has been fully informed in your native language or other mode of communication (such as sign language, Braille, or oral communication) of all information about the action for which you are giving consent.The Parent understands and agrees in writing to that action, and the consent describes that action and lists the records (if any) that will be released and to whom; andThe Parent understands that the consent is voluntary on The Parent part and The Parent may withdraw their consent at anytime.The Parent’s withdrawal of consent does not negate (undo) an action that has occurred after they gave the consent and before you withdrew it.

Resolution OptionsMediationLocal ComplaintState ComplaintResolution MeetingDue Process Hearings

MediationResolve disputesVoluntaryTrained mediatorTimely mannerConfidentialCannot delay due processIf agreement is reached -

Legally binding agreement

Local ComplaintSigned written complaintNotify StateOffer mediationWritten responseIf parents disagree with the

results, they can Appeal

State ComplaintA statement of how a requirement has not been

metExplanation of facts An allegation of a violation

Within 60 days, the Department must…Conduct an independent investigationReview all informationIssue a written decisionExtend 60 day time limit

Resolution MeetingIf a Due Process Hearing has been requested,

a Resolution Meeting is held to discuss all the facts that form the basis of the request so that the school district and the parents have the opportunity to resolve the dispute. it might be the team’s last chance to resolve

their issues before going to Due Process.but - the meeting doesn’t have to take place at

all if the parent and the school district agree in writing to waive the meeting, or if the parent and the school district agree to use the mediation process instead.

Due Process HearingsA Request for a Due Process Hearing must

includeA description of the problemA proposed resolution of the problem

The District must send a response within 10 days… Explanation of why it proposed or refused an action Description of evaluations used as basis of action

Administrative Law Judge Knowledge of IDEA and Florida Rules Not an employee Impartial

Due Process Hearing RightsBoth sides have the right to…

CounselPresent evidenceRecord of hearingFindings

Conflict Resolution Options

The Individualized Education Program/Plan

IEP An IEP defines the individualized objectives of a child who has been found with a disability, as

defined by federal regulations. The IEP is intended to help children reach educational goals more easily than they otherwise

would. In all cases the IEP must be tailored to the individual student's needs as identified by the IEP

evaluation process, and must especially help teachers and related service providers (such as paraprofessional educators) understand the student's disability and how the disability affects the learning process.

The IEP should describe how the student learns, how the student best demonstrates that learning and what teachers and service providers will do to help the student learn more effectively.

Key considerations in developing an IEP include assessing students in all areas related to the known disabilities, simultaneously considering ability to access the general curriculum, considering how the disability affects the student’s learning, developing goals and objectives that correspond to the needs of the student, and ultimately choosing a placement in the least restrictive environment possible for the student.

As long as a student qualifies for special education, the IEP must be regularly maintained and updated over the student's primary educational years.

Placements often occur in "general education", mainstream classes, and specialized classes or sub-specialties taught by a specifically trained individual, such as a special education teacher, sometimes within a resource room.

An IEP is meant to ensure that students receive an appropriate placement, not "only" special education classrooms or special schools. It is meant to give the student a chance to participate in "normal" school culture and academics.

IEP Meeting: Notice Location

Time

Whom the school has invited

Purpose of the meeting

Native Language

The IEP TeamParents or

Guardians

Agency Rep

Others with special expertise

Student

Regular Educatio

n Teacher

Interpret Evaluation Results

Special Educatio

n Teacher

LEA

What Should an IEP Include?This is a brief list of what IDEA requires:A statement of the child’s present levels of academic achievement and functional performance, including how the child’s disability affects his or her involvement and progress in the general education curriculumA statement of measurable annual goals, including academic and functional goals;How the child’s progress toward meeting the annual goals will be measured, periodic progress reports A statement of the special education and related services and supplementary aids and services to be provided to the childA statement of the program modifications or supports for school personnel that will be provided to enable the child to advance appropriately toward attaining the annual goals; to be involved in and make progress in the general education curriculum and to participate in extracurricular and other nonacademic activities; and to be educated and participate with other children with disabilities and nondisabled childrenAn explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in extracurricular and nonacademic activities;A statement of any individual accommodations that are necessary to measure the academic achievement and functional performance of the child on State and district wide assessments;If the IEP team determines that the child must take an alternate assessment instead of a particular regular State or district wide assessment of student achievement, the IEP must include a statement of why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the childThe projected date for the beginning of the services and modifications, and the anticipated frequency, location, and duration of those services and modifications.

Present Level - Domains

Curriculum & Learning

Independent Functioning

Social / Emotional

Communication

Health Care

Present Levels & GoalsStatements of: Present Levels of Academic

Achievement & Functional Performance

strengths, effect of disability, & priority educational need

Measurable Annual Goals

Evaluation Plan measuring & reporting

IEP GOALS Wording matters!

“Writing Special Education Goals” – 9,960,000 hits!

Learning a skill

Measurable

Specific

Sunshine State Standards

http://www.fldoe.org/bii/curriculum/sss/

Access PointsNext Generation Sunshine State Standards Access Points:Drive the curriculum, instructional strategies, and assessmentReflect the key concepts of the Next Generation Sunshine State Standards with reduced levels of complexityEnsure access to the standards that apply to all students in the same gradeAre written to three levels of complexity: participatory, supported, and independenthttp://www.fldoe.org/ese/pdf/OnlineParentGuide.pdf

Diploma Optionshttp://

www.duvalschools.org/fch/guidance/DCPSDiplomaOptions.pdf

Standard DiplomaSpecial Diploma

Provision of Services Special Education

Related Services

Program Modifications/ Accommodations

Supports for School Personnel

Supplementary Aids & Services

Related Services Developmental

Corrective

Supportive

Assist in the achievement of a goal

Help to benefit from special education

Nonexhaustive

Provision of Services Date for beginning of

services Frequency Location Duration

Transition IEP Standard or Special Diploma

Post-School Outcome

Transition Service Needs

Instruction / Information on Self-Determination

Goals based upon transition assessments

List of transition services

Age of Majority / Transfer of Rights

Interagency linkages

Signatures

Who attended

Parent’s signature

(Exception: Child’s first IEP)

Manifestation DeterminationA decision made by the IEP Team about

whether a student's misconduct is caused by the student's disability.

Team determines “Yes”Functional Behavioral AssessmentBehavioral Intervention Plan

Team determines “No”Services in different setting

How do you make a Behavior Plan?

1. Identify and Name the Problem BehaviorEven if a Certified Behavior Analyst or Psychologist is going to do the FBA, the teacher will be the person to identify which behaviors most impact a child's progress. It is essential that the teacher describes the behavior in an operational way that will make it easy for the other professionals to complete the FBA.2. Complete the FBAThe BIP Plan is written once an FBA (Functional Behavioral Analysis) has been prepared. The plan may be written by the teacher, a school psychologist or a behavior specialist.A Functional Behavioral Analysis will identify target behaviors operationally and the antecedent conditions. It will also describe the consequence, which in an FBA is the thing that reinforces the behavior. Understanding the consequence will also help choose a replacement behavior.A BIP or Behavior Intervention Plan, describes how teachers, special educators and other staff will help a child eliminate problem behavior. A BIP is required in an IEP if it is determined in the Special Considerations Section that behavior inhibits academic achievement.3. Write the BIP DocumentYour state or school district may have a form you must use for a Behavior Improvement Plan. It, and your BIP should include:

Target BehaviorsSpecific, measurable goalsIntervention description and methodStart and frequency of interventionMethod of EvaluationPersons responsible for each part of the intervention and evaluationData from Evaluation

4. Take It to the IEP TeamThe last step is to get your document approved by the IEP team, including the general education teacher, the special education supervisor, the principal, the psychologist, the parents and anyone else who will be involved in implementing the BIP.The Team has been working to involve each of the stakeholders at the beginning of the process. That means phone calls to parents, so the Behavior Improvement Plan is not a big surprise, and so the parent doesn't feel like they and the child are being punished. 5. Implement the planOnce the meeting is over, it's time to put the plan into place! Be sure that all the members of the implementation team to meet briefly and evaluate progress. Be sure to ask the tough questions. What is not working? What needs to be tweeked? Who's collecting the data? How is that working?

Evaluation

Present Level

Effect of Disability

Priority Educational

Need

Goal

Related Service

CONNECT THE DOTS

Resources:

What is the child’s Disability? Or suspected disability?

NICHCY http://nichcy.org/

http://nichcy.org/disability/specific

NICHCY offers brief, but detailed fact sheets on specific disabilities. Each fact sheet defines the disability, describes its characteristics, offers tips for parents and teachers, and connects you with related information and organizations with special expertise in that disability.

In English and Spanish

RtI (Response to Intervention)Florida Brochure on RtI

http://www.florida-rti.org/_docs/EvaluationsSpecialEd.pdf

Florida RtIhttp://www.florida-rti.org/

Resources/index.htm

National Association of State Directors of Special Education, Inc.http://www.nasdse.org/Projects/

ResponsetoInterventionRtIProject/tabid/411/Default.aspx

Does the child take the FCAT or Alternative Assessment?

FCAT Accommodationshttp://www.fldoe.org/ese/pdf/

fcatteam.pdfAlternative Assessmenthttp://www.stjohns.k12.fl.us/

depts/ese/FAQ09.pdfAlternative Assessment Manual http://www.fldoe.org/asp/pdf/fl-

alt-assessment-manual.pdfDOE Technical Assistance

Paper http://info.fldoe.org/docushare/

dsweb/Get/Document-5831/dps-2010-92.pdf

Does the Child have behavioral issues?

Functional Behavioral Assessment and Plans

http://www.fldoe.org/ese/pdf/tap99-3.pdfRtI Behaviorhttp://flpbs.fmhi.usf.edu/

requestservices_onlinemodules.asp

What does the Matrix mean? http://www.mckay-iep-matrix.org/index.php?

module=pagemaster&PAGE_user_op=view_page&PAGE_id=13

What is Extended School Year (ESY)? http://www.fldoe.org/ese/pdf/y2002-5.pdf

What should parents do when services in their child's IEP are not being provided? http://school.familyeducation.com/special-

education/ada/38430.html

Advocacy Wrights Law

www.wrightslaw.com

Special Education Advocate www.specialeducationadvocacy.org

Central Florida Parent Center www.CFLparents.org

Family Network on Disabilities www.fndfl.org

The Council of Parent Attorneys and Advocates, Inc. (COPAA) www.copaa.org

Questions?

www.fofjax.org www.mhajax.org

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