Special Education 101

1. Special Education 101 Nuts and Bolts

2. Agenda/Goals Familiarize you with • IDEA (Individuals with Disabilities Education Act) • the Educational Continuum • Pre-referral process • Assessment, Special Education Eligibility, FAPE and the IEP Process

3. Four Rights and Two Protections Individuals with Disabilities Education Improvement Act (IDEIA) [otherwise referred to as IDEA 2004] guarantees the right to: • A free and appropriate public education (FAPE) • Placement in the least restrictive environment • Fair assessment procedures • Parent involvement in educational decisions These rights are protected by: • The Individual Education Program (IEP) • Due process procedures

4. Child Find • All children with disabilities including homeless or wards of the state, who are enrolled in elementary and secondary schools and private schools, including parochial schools, regardless of the severity of their disabilities, and who are in need of special education and related services shall be identified, located and assessed.

5. Referral to Special Education • A pupil shall be referred for special education instruction and services only after the resources of the regular education program have been considered and, where appropriate, utilized.

6. Exhaustion of General Education Services • “…special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.”

7. What is FAPE? • Free Appropriate Public Education • The entitlement of every child with a disability under IDEA. • Every IEP must include an offer of FAPE.

8. FAPE: Rowley Standard • School districts not required to provide the “best” education for students with disabilities • Instruction should be reasonably calculated to enable the child to achieve passing marks and advance from grade to grade • Provide services to provide “some educational benefit”

9. FAPE CHART

10. Least restrictive Most restrictive Gen. Ed. SST 504 DIS RSP SDC SDC Isolated Residential Home Classroom District Co. Sites NPS Instructor NPS Classes Educational Continuum IDEA Section 300.114(a)(2)(i) and Section 300-115(a) tell us: To the maximum extent appropriate, children with disabilities are educated with children who are not disabled. Each public agency shall ensure that a continuum of alternative services placement is available. Special Education eligibility In addition, the Regulations prohibit the IEP team from denying placement in an age appropriate general education classroom solely because the student requires curriculum modifications.

12. Response to Intervention (RtI) • Response to Intervention (RTI) is a systematic and data driven set of interventions used in the general education environment to identify and intervene with students having academic or behavioral difficulties. Intervention are research based and delivered with precision and accuracy (fidelity). • There are three levels or tiers in a Response to Intervention (RtI) model. • Tier 1 – All students • Tier 2 – Students not showing progress with Level 1 interventions. Small groups, more intensive • Tier 3 – Students not showing progress with Level 2 interventions. Smaller groups, most intensive

13. Student Study Team (SST) or Instructional Support Team (IST) • Team consists of parents, teachers and various professionals working together to review student’s progress and strengths and weaknesses. • Team makes recommendations for in school interventions (or discuss/report on RtI progress) with support from the parent in the home environment. • If appropriate, referral to special education after general education interventions along with accommodations or RtI model have not met the needs of the child.

14. Special Education Referral Procedure

15. What is Special Education? • Specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability. Special Education is a service, not a place.

16. Who is eligible? • between the ages of 3 – 22 • meets the definition of an individual with a disability • disability must: • adversely affect educational performance • require special education

17. Autism Deaf Deaf Blind Emotionally Disturbed Hard of Hearing Mental Retardation Multi-handicapped Visually Handicapped Orthopedically Handicapped Other Health Impaired Specific Learning Disability Speech Impaired Traumatic Brain Injury Special Education Categories

18. Supplementary Aids and Services Aids, services, and other supports that are provided in general education classes or other education-related settings to enable children with disabilities to be educated with non-disabled children to the maximum extent appropriate in accordance with §§300.550-300.556. (Authority: 20 U.S.C. 1401(29))

19. Speech/language Orientation/mobility Transportation Adaptive PE Occupational therapy Physical therapy Assistive technology Interpreters Counseling Behavior Health and nursing services Designated Instructional Services

20. Key Concepts of LRE • Must be individually determined and based on a student’s individual needs • Applies to all children with disabilities • The general education class is always the first choice considered • Consideration and use of supplementary aids and services to make the general education class a first and viable choice is required

21. The IEP What it is: • A written individualized statement • Developed by a team • A guarantee of appropriate services • For all children who meet eligibility requirements It is not: • A binding contract that guarantees that the goals will be accomplished

22. The IEP Team Minimum membership: • One or both parents, or a representative, or both • Administrator or designee • General Education Representative/teacher • Special Education teacher/service provider Beginning at age 16, student must be invited to his/her IEP meetings and is encouraged to participate in the process.

23. Definition of Parent “Parent,” includes any of the following: • Biological/Adoptive Parent • Foster Parent (if Educational Rights of biological or adoptive parents are limited) • Appointed guardian/responsible adult (WIC 367 & 726) • Kinship • Surrogate when: • Parent “missing” • Conflict of interest EC 56028

24. Definition of Parent “Parent,” includes any of the following: • Surrogate when: • Parent “missing” • Conflict of interest Exclusions: • Any political subdivision of state government • Non-public school/agency personnel under contract EC 56028

25. Other possible team members: • The student • Other individuals invited by the parents, district, county office or SELPA • Persons who have assessed the student • Anyone else who might be helpful in developing an educational plan for the student

26. General Ed. Teacher • Their Role – provides information about the general curriculum, assists in planning course of study, assists in identifying and providing interventions, adaptations, support and positive behavioral strategies or interventions.

27. General Ed. Teacher • Federal and state law requires that a general education teacher actively participate in as a member of a student’s IEP team even when the student is attending a non-public school program.

28. Purpose of Meeting • Initial • Review • Annual • Triennial • 30 day placement/Transfer • Transition • K-1 Eligibility • Age of Majority Discussion (Age 17) • Pre-Expulsion • High School Graduation/Program Completion • Other

29. The IEP includes: • Present level of functioning • Measurable annual goals and short term objectives • Statement of specific modifications, accommodations, special education services, related services, supplementary aids and services to be provided • Explanation of the extent to which the student will participate in general education • Statement regarding participation in State and District wide assessments • Projected date for beginning services • Evaluation procedures for measuring progress on goals and objectives.

30. IEP components continued: • Statement of how child’s parents will be regularly informed of progress • Prevocational/employment/ career education goals, if appropriate • Alternative criteria for promotion • Graduation, if appropriate • A plan for transition into general education • Specialized services and equipment, if appropriate • Transportation needs • Goals for learning English, for students identified as English Language Learners • Extended school year, if appropriate (Education Code 56345)

31. Accommodate, Modify, and Support • The public agency shall ensure…each teacher and provider is informed of his or her specific responsibilities related to implementing the child’s IEP and the specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.

32. Review and Revision • Must be periodic, at least annually • To determine whether goals are being achieved • To address • Lack of expected progress • Results of any re-evaluation • Information from parents • Child’s anticipated needs, or • Other

33. A Final Thought… • Students with special needs are general education students who require specialized instruction • As a team, we can work together for each student’s success

34. Provision of services for students parentally-placed in private schools

35. Determining Services for Students who are Parentally-Placed in Private Schools • Referral for assessment to District of Service (DOS) • DOS requests parent permission to exchange information with District of Residence (DOR) • DOS and DOR collaborate on assessment • DOS or DOR convenes IEP with private school administration and staff invited • DOR offers Free and Appropriate Public Education (F.A.P.E.) if student is eligible • If family agrees, DOR provides services in public school • If family chooses to remain in private school, DOS offers Private School Service Plan with input from private school staff • Services are provided in accordance with plan • DOR will notify family annually about F.A.P.E.

36. Private School Services • Services are not commensurate with those provided in public school in terms of amount or type • Services may be provided in public school • Services are provided by employees of the public agency or through contract by the public agency • Services, materials and equipment shall be secular, neutral and non-ideological • Transportation may be provided but the cost may be calculated as part of the proportional cost • Parents do not have a right to request a due process hearing regarding referral, eligibility, assessment, goals or services • Parents may file a complaint with CDE if the LEA has failed to follow requirements of the law

37. Consideration of 504 Plans: • A student has been identified as having a physical or mental impairment that limits one or more major life activity such as learning, walking, working, breathing, self-care, etc. • All students who have IEPs would fall under 504 protections. However, not every child with a 504 plan would qualify as eligible to have an IEP. • Under Section 504 a school must provide a written plan to ensure access to education comparable to that available to non-impaired peers. Adaptations could include the following, as appropriate: • Adjusting the student's class schedule • Use of tape recorders or note-taker • Allowing frequent nutrition breaks • Use of books-on-tape • No additional funds are available to schools for the implementation of a 504 plan. Implementation is enforced by the Office of Civil Rights.