Special Education 101

Presented by Heather Pierson

Udall, Shumway PLC

480-461-5300

DISCLAIMER

The information provided in this document is for

informative purposes only and should not be

used in place of legal advice.

Objective

• Today we will discuss:

– Overview of IDEA

– Child Find

– Evaluations

– Eligibility

– IEPs

– Procedural Safeguards

History of Special Education

• Brown v. Board of Education (1954)

– Right to free education for all students

– Separate is not equal

• PL 94-142 (1975)

– 11 categories of disabilities

– Introduced FAPE

– Required confidentiality

• IDEA

IDEA-Part C

• Purpose is to provide early intervention

services to children from birth through

age 2.

• In Arizona, this is done one of two ways:

– AZEIP or

– Department of Developmental Disabilities

• https://www.azdes.gov/main.aspx?menu

=98&id=3026

IDEA-Part C

• Children must demonstrate in a delay in

one or more of the following areas:

– cognitive development,

– physical development, including vision and

hearing,

– communication development,

– social or emotional development, and

– adaptive development.

IDEA-Part B

• Purpose is to provide children with disabilities a Free and Appropriate Public Education (FAPE) and to ensure that the rights of the children with disabilities and their parents are protected

• Provides special education and related services for children ages 3-22

• Guarantees FAPE

What is Child Find?

• The IDEA requires that the State have

in effect policies and procedures to

ensure that all children with disabilities

residing within the state are identified,

located, and evaluated.

What is Child Find?

• Generally, the District in which the student

resides is responsible for conducting child

find activities.

What is Child Find?

• If the student is a parentally placed

private school student, then the district

in which the private school is located is

responsible for child find.

• Homeschool students are treated in the

same manner as parentally placed

private school students.

Evaluation and Placement

Process Request for Evaluation

Evaluation Completed Not Eligible for Services

Parents Agree

IEP Developed

Placement Determined

Parents Disagree

Eligible for Services

Annual IEP Meeting Parents Disagree

State Complaint,

Mediation, Due Process

Assessment/Evaluation

• Purpose is to determine what the child knows and can do: – Academically

– Developmentally

– Functionally

• Assessment can include – Intelligence testing

– Academic testing

– Speech and language testing

– Teacher observation

– Classroom observation

– Class work

– Parental report

• If parent/guardian refuses initial assessment, the district may file for due process

Qualifying for

Special Education Services • A child who is at least 3 years of age,

but less than 22 years of age, who is

found to fall into a specific category of

disability; and

• Because of the disability, requires

special education and related services

in order to benefit from an educational

program.

Categories of Disabilities • Autism

• Emotional Disability

• Hearing Impairment

• Intellectual Impairment

• Multiple Disabilities

• Multiple Disabilities – Severe Sensory Impairment

• Orthopedic Impairment

• Other Health Impairment

• Preschool Moderate Delay

• Preschool Severe Delay

• Preschool Speech/Language Delay

• Specific Learning Disability

• Speech Language Impairment

• Traumatic Brain Injury

• Visual Impairment

THE MET/IEP TEAM

• Parents

• Regular education teacher of the child

• Special education teacher of the child

• District representative

• Individual who can interpret the instructional implications of evaluations results

• Others with knowledge or special expertise re: the child

• The child, when appropriate

Role of the Team

– Determine eligibility (MET Team: Group of

qualified professionals/parents/others for SLD

determination)

– Create an individualized education program (IEP

Team)

– Determine placement

How this occurs

– Opinion of every member of the team

– Consensus

– If no consensus, the “District” decides

MET/IEP Meeting

Before meeting: Written notice that includes

purpose, time, location, attendees

At meeting:

- Review evaluation results

- Determine eligibility

- Develop IEP if needed (and on meeting

notice)

IEP

Explains what special education and

other services a public school will

provide to ensure that a child with a

disability receives a free and

appropriate public education (FAPE).

IEP Requirements

Present levels of academic and functional performance

Must describe how the child’s disability affects the child’s academic and functional performance

Measurable annual goals

Special education and related services Projected date for the beginning services

Anticipated frequency, location and duration of services

Who will provide the instructional support services

Level of participation with children without disabilities

IEP Requirements Continued

Accommodations for state & district-wide assessments

Extent of accommodations & modifications of participation in state &

district-wide tests

IEP Requirements Continued

Transfer of rights

Beginning at least 1 year before the child reaches 18, a statement that the student has been told of any rights that will transfer to him or her

Arizona State law provides a sample form!

IEP Requirements

Continued

The methods of measuring the student’s

progress…

The method of reporting the student’s

progress and how often that progress

will be reported.

IEP Requirements

Continued

Beginning at age 16 (or younger), a statement of transition services to help the child prepare for leaving school.

Procedural Safeguards

Notice Must be provided to parents:

– At least once per year

– Upon initial referral or parent request for

evaluation

– Upon filing a due process complaint

– Upon the request of the parents

Prior Written Notice

Explains the decisions made by the IEP team or district … in parent’s native language when feasible

Required when the District: – Proposes to initiate or change the identification,

evaluation or educational placement of the student, or the provision of FAPE; or

– Refuses to initiate or change the identification, evaluation or educational placement of the student, or the provision of FAPE.

Prior Written Notice

– Describe the school’s action

– Explains the action or refusal

– Describes the evaluation procedure, assessment,

record or report used as a basis for the proposed or

refused action

– Describes other actions considered & reasons why

they were rejected

– Describes other factors relevant to the school’s

proposal or refusal

Independent

Educational Evaluation (IEE) • A parent has the right to an independent

educational evaluation at public expense if the parent disagrees with an evaluation obtained by the district.

• If a parent requests an IEE, the district must

– Ensure the IEE is provided at public expense; or

– File due process hearing to show the evaluation is appropriate.

Mediation

Parents & school personnel meet with a mediator and attempt to come to an agreement

State Compliance Complaint

• Filed with Arizona Department of Education

• Alleges the school has not complied with special education laws or procedures or has not properly implemented the child’s IEP

• Early complaint resolution OR investigation conducted & findings made – No corrective action required or corrective action required

• AZ DOE must conclude matter in 60 calendar days from receipt of complaint

Due Process Hearing

• Filed with Office of Administrative Hearings

• Related to identification, evaluation, or

educational placement of a child with a

disability, or the provision of FAPE to the

child.

• Resolution meeting is scheduled to try to

resolve the complaint.

• Mediation is also available to resolve the

complaint.

WHY DOES THIS MATTER TO

ME?

Why Does This Matter?

• You are responsible for portions of child

find

• You are responsible for portions of the

evaluation

• You are a member of the MET team

• You are a member of the IEP team

• You are responsible for writing IEP

goals

Why Does This Matter

• You are responsible for providing

services

• You are responsible for documenting

services that were provided

• You are responsible for tracking goal

progress

• You may be the case manager for some

of your students

Who Can Families Contact for

Help?

• Raising Special Kids

http://www.raisingspecialkids.org/

• Arizona Center for Disability Law

http://www.acdl.com/

Heather R. Pierson UDALL SHUMWAY PLC

1138 North Alma School Road, Suite 101 Mesa, Arizona 85201

hrp@udallshumway.com | 480-461-5300 www.udallshumway.com

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