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Special Education Volunteer Training

Special Education Volunteer Training. Equip for Equality’s Special Education Clinic

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Special Education Volunteer Training

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  1. Special EducationVolunteer Training Equip for Equality’s Special Education Clinic October 2010

  2. Equip For Equality • Protection and Advocacy Agency for the State of Illinois www.ndrn.org • www.equipforequality.org • Private non-profit 501(c)(3) • Provide training, self-advocacy assistance, legal representation and public policy advocacy • Most services are free at this time • Multiple teams within the agency

  3. What does Equip for Equality (EFE) Do? Offers People with Disabilities and their families: • Information • Self Advocacy • Resources • Legal Representation • Trainings

  4. HELPLINE SELF - ADVOCACY ASSISTANCE OUTREACH TRAINING NEGOTIATION MEDIATION REPRESENTATION Special Education Clinic

  5. Identify issues Identify goal Discussing parents’ options Strategies for effective advocacy Resources Research laws & regulations Special Education Helpline Attorney Telephone Consultation

  6. Pro Bono Support • Since October 2007, we have been working with some pro bono attorneys at Chicago-area law firms • Attorneys represent Equip For Equality clients on a pro bono basis • Equip For Equality assigns a back up attorney to support each case that a pro bono firm accepts

  7. 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 • Illinois Student Records Act • www.isbe.net

  8. 504 VS IDEA • 504 • If a child has a disability that substantially impairs a major life activity • Does NOT need specialized instruction • Usually only modifications/accommodations • 504 plan – no IEP • 504 plan – fewer protections/procedural safeguards • Office for Civil Rights of Department of Education enforces • Mark Weber at Disability Rights Consortium October 27, 2010 www.illinoislegaladvocate.org

  9. 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

  10. 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

  11. How long does a student receive special education? The IDEA COVERS • 0-3 Early Intervention Services (EI) • IDEA Part C • IFSP • Not governed by school district • 3-22 School District Provides • 3-5 Part B – IEP/IFSP • 6-18 Part B – IEP • 18-22 Part B – IEP • A student receives special education until the day before his/her 22nd birthday in Illinois or until he or she receives a high school diploma. • IDEA does NOT cover college • High School Diploma ends IDEA coverage

  12. LEGAL STANDARDS • FAPE • Denial of FAPE • LRE • Methodology • Related Services • Burden of Proof

  13. FREE APPROPRIATE PUBLIC EDUCATION FAPE 13

  14. 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,… • Important case: Bd. of Educ v. Rowley, 458 U.S. 176 (1982)

  15. DENIAL of a FREE APPROPRIATE PUBLIC EDUCATION • Substantive Issues • At the time the IEP was written was it reasonably calculated to provide meaningful educational benefit • Procedural Inadequacies limited Impeded right to FAPE significantly impeded parents’ opportunity to participate in the decision-making process regarding FAPE caused deprivation of educational benefits

  16. 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. Removal • nature 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.

  17. Basis for Services / Methodology • IEP must include a statement of special education, related services and supplementary aides and services, based on peer-reviewed research to the extent practicable (1414 (d)(1)(A)(i)(IV)) • This puts methodology on the agenda for the IEP

  18. Related Services Related services • any non-medical service necessary for the child to benefit from instruction, including speech, counseling, social work, parent training, transportation, physical and occupational therapy, mobility and orientation training, and any other service necessary to benefit from education

  19. Burden of Proof Filing Party has the burden of proof Schaffer vs Weast 546 U.S 49 (2005)

  20. Remedy • Denial of FAPE • Remedy: Compensatory Education • Student should be brought to the level the child would have been at but for the denial of FAPE

  21. SPECIAL EDUCATION PROCESS How to get a child an IEP • Request • Consent • Case Study Evaluation (CSE, FIE) • Eligibility Meeting • IEP Meeting • Services

  22. 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 • Domain Meeting

  23. Special Education Services 2. Consent for Case Study Evaluations • Parental Consent, not request, 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)

  24. Special Education Services • Request • Consent • Case Study Evaluation (CSE) • Eligibility Meeting –MDC • Individualized Education Program (IEP) meeting

  25. Special Education Services 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.”

  26. Special Education Services • Request • Consent • Case Study Evaluation (CSE) • Eligibility Meeting –MDC • Individualized Education Program (IEP) meeting

  27. Special Education Services 4. Eligibility Meeting –Multidisciplinary Conference Team of qualified professionals and parents decide Whether child is a child with a disability 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

  28. Special Education Services • Request • Consent • Case Study Evaluation (CSE) • Eligibility Meeting –MDC • Individualized Education Program (IEP) meeting

  29. What is an IEP? • Legally binding • Like a contract but not exactly • If it isn’t written correctly school will not be responsible for providing support • Parent cannot sue based on breach of contract if child doesn’t meet goals • Every special education student has an IEP but not every child with a disability has an IEP

  30. SPECIAL EDUCATION RULE IF IT’S NOT WRITTEN DOWN IT DIDN’T OR WON’T HAPPEN

  31. Special Education Services 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)

  32. Special Education Services 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

  33. IEP Meeting • Case manager will run the meeting • Informal meeting • Sit around conference table at school • Intimidating for parents • Advise parents to bring an expert or friend if possible • Best for parents not to go alone

  34. What’s in an IEP? • Present Levels of Performance • Goals & Objectives/Benchmarks • Special Education Services/Supports • Progress Reports • Related Services • Supplementary Aids and Services

  35. Present Levels of Performance (PLOP) • A Statement of the child’s academic achievement and functional performance – Present Level of Performance “PLOP”

  36. 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 makeprogress 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

  37. 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

  38. Special Education and Related Services • IEP includes information about types of services a student receives • Examples of related services – • Occupational therapy • Physical therapy • Speech therapy • Social work • Transportation

  39. Supplementary Aides and Services • Accommodations/Modifications • Extra time on tests – list amount (ex: double time) • Extra time on assignments • Change in amount of work • Change in grading scale • Change in promotional criteria • Change in graduation requirements • Change in policy – ie. Can carry cell phone • Extra set of books at home • Assignment notebook – staff writes assignments • Copies of notes/study guides • Can include staff training

  40. What’s in the rest of the IEP? • See sample CPS IEP.

  41. 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 • EFE generally recommends agreeing to reevaluation • It should provide information to show FAPE or Denial of FAPE

  42. CONFLICT RESOLUTION OPTIONS What to do when the parents do not agree with the school

  43. Conflict Resolution Options • Documentation – Paper Trail • Independent Educational Evaluation • School can file due process against parent if parent requests school to pay for IEE • Request an IEP Meeting • State Complaint • Mediation • Due Process Hearing

  44. DOCUMENTATION TIPS • PARENT REPORT • KNOW WHAT’S NEEDED’ • Expert Support • THANK YOU LETTERS • REVERSE LETTERS • PROPOSAL/REQUEST SHEET • FOLLOW UP LETTERS • ORGANIZE DOCUMENTS • TAPE RECORDING MEETINGS

  45. IEP Meeting • Determine realistic goals of parents • Discuss arguments parents can make to accomplish those goals, • Draft a letter to the District • requesting an IEP meeting • argue for what the student needs in order to receive meaningful educational benefit • HELPLINE • ghost write for parent • Discuss the above with parent/offer to edit their letter • Refer parent to www.wrightslaw.com “Letter to a Stranger”

  46. IEP Meeting • Send the letter requesting IEP meeting to the District Superintendent and school principal (or if there is a lawyer on the case, then to the lawyer)

  47. 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.

  48. What should you expect at the IEP meeting? • Review New Evaluations • Discuss Evaluations with parents • Evaluations Not provided before • Arrive Early for IEP • Request evaluations • Request private space to review and discuss with parent • If HELPLINE – Parent can request to meet with a school person to review the evaluations prior to the IEP meeting • Strategy: Request Records specifically list new evaluations – 15 school days to provide records

  49. What should you expect at the IEP meeting? Negotiating • 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. Helpline • If parent can speak with someone at school about school’s position before the meeting this can be helpful too.

  50. What should you expect at the IEP meeting? • The IEP should be completed at the meeting. • Ask for draft of what is done so far if IEP is not finished. • 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. Helpline: Advise parent to draft a dissent letter if they disagree Parent/attorney can dissent letter even if it is not stated at meeting

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