The New IDEA in Special Education

1. The New IDEA in Special Education AGENDA Top 10 Basics of Special Education Acronyms to Know IEP Content Key Issues in Discipline New IDEA Tidbits

2. Top 10 Basics of Special Education • Step 1. Child is identified as possibly needing special education and related services. • Step 2. Child is evaluated. • Step 3. Eligibility is decided. • Step 4. Child is found eligible for services. • Step 5. IEP meeting is scheduled.

3. Top 10 Basics of Special Education • Step 6. IEP meeting is held and the IEP is written. • Step 7. Services are provided. • Step 8. Progress is measured and reported to parents. • Step 9. IEP is reviewed. • Step 10. Child is reevaluated.

4. Acronyms to Know • IDEA (Individuals with Disabilities Education Act) The special education law. • FAPE (Free Appropriate Public Education) Must be made available to all eligible children with disabilities.

5. Acronyms to Know • IEP (Individualized Education Program) A legal document that every public school child with disabilities receiving IDEA-funded special education must have. • LRE (Least Restrictive Environment) Children with disabilities are to be educated with children who do not have disabilities to the maximum extent appropriate.

6. IEP Content • PLPs (Present Levels of Performance) - Where does the child stand academically and functionally? - How does his disability affect his involvement and progress in the general curriculum? • Annual Goals - Based on where the child is right now, where do we want him to be by the end of the year? - What should we reasonably expect him to be able to do?

7. IEP Content • Progress Monitoring - How and when will progress be measured? - How well will the child have to perform in order to attain his goals? - How do we know how he is doing? • Special Education - Description of special education, related services, supplementary aids and services based on peer- reviewed research, to the extend practicable. - Statement of program modifications or supports.

8. IEP Content • Extent of Nonparticipation - Children with disabilities are general education first. - Regular class - General curriculum - Extracurricular activities - Nonacademic activities - Explanation as to why the child will not participate.

9. IEP Content • Assessment Accommodations - General grade level assessment without accommodations. - General grade level assessment with accommodations. - Alternate assessment based on alternate academic achievement standards.

10. IEP Content • Service Delivery - When (beginning date of services) - Where (location of services) - How often (frequency of services) - How long (duration of services) • ESY - Services beyond the typical school year.

11. IEP Content • Transition Planning - Beginning at age 13 or sooner if IEP team determines needed. - Appropriate measurable postsecondary goals based on age-appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills.

12. IEP Content • Transfer of Rights - Age 18 unless child is determined to be “incompetent” by a court. - All rights transfer. - Only right retained by parent is the right to all notices. - Child and parent must be notified of transfer and have IEP include a statement of this notice at least a year prior to age 18.

13. Key Issues in Discipline • Discipline Procedures - Come into play when a student with a disability violates a school code of student conduct and is subject to disciplinary action. • Authority of School Personnel - On the date on which the decision is made to make a removal that constitutes a change in placement of a child with a disability because of a violation of a code of student conduct . . .

14. Key Issues in Discipline -The school must notify the parents of that decision and provide the parents the procedural safeguards notice. • Case-by-case -School personnel may consider any unique circumstances on a case-by-case basis in determining whether a change of placement is appropriate for a child with a disability.

15. Key Issues in Discipline • Manifestation Determination - Determination of the relationship between the inappropriate behavior(s) and the disability of the child. - If no relationship exists, the child is disciplined in the same manner and for the same length of time as a child without disabilities would be disciplined except that services provisions apply. - If relationship exists, the IEP should be reviewed immediately for appropriateness.

16. New IDEA Tidbits • RtI - Tiered instruction - Progress monitoring - Data-driven decisions and instruction • Evaluation Team - Reviews existing information - Determines what, if any, additional information is needed - Plans the evaluation

17. New IDEA Tidbits • Amending the IEP - Parents and school agree - Amendments in writing - All IEP members informed of amendments - Cannot be used for annual review • Summary of Progress - Required for students graduating with a regular high school diploma or aging out.

18. New IDEA Tidbits • Prior Written Notice - Provided to parents whenever the district proposes or refuses to take an action in reference to a child with a disability. • Consent - Parent has the right to revoke consent in writing for their child’s receipt of special education services after the child is initially provided special education and related services.