Special Education Advocacy

1. Special Education Advocacy AHRC Advocacy Services January 15, 2019 Presenters: Paul Hutchinson, Ed.D. Katherine Hoy, LMSW

2. Agenda AHRC Advocacy Services Essentials of Special Education IDEA – Understanding the Law is the Key Advocacy Skills AHRC NYC 2019

3. AHRC Advocacy Services Intensive Advocacy Information and Referral Trainings and Presentations

4. Advocacy Services Initial Consultation Review Documents: IEP and Evaluations Rights Explanation Advice and assistance in securing additional evaluations Develop strategies to access the appropriate services Preparation of Documents for DOE services Understanding and Accessing OPT services Office visits, school visits and attending IEP meetings for OPWDD eligible families Representation at Mediation and Resolution, Suspension Hearings and referral to specialists. • 4 1/2/2020

5. Information and Referral Provide limited information and referrals to families and providers experiencing difficulties related to the provision of special education services. Parent Training and Outreach Provide training and workshops to OPWDD eligible families. Trainings and workshop topics include: Advocacy 101 Navigating the DOE Autism Services in the DOE Understanding the IEP • 5 1/2/2020

6. Essentialsof Special Education AHRC NYC 2019

7. IEP 504 Plan • IDEA: Federal Special Ed law for disabled children • 13 disability classifications • Focus on addressing the special needs child’s ability to learn in general education setting • Parents must consent to evals • IEP team invites the parent to the meeting 7 days in advance • IEP includes goals, services present performance and a class ratio recommendation. • IEP reviewed annually with new mandated evals every 3 years • Parental notification required for changes to the IEP • Federal civil rights law to stop discrimination (ADA) • Can include any disability that interferes with learning in general education setting • Parent participation in 504 meeting not required • Not the same legal protections as the IEP • 504 provides services and changes to the learning environment • No timeline for completion of evaluations and the meeting to discuss results 7 1/2/2020

8. The Individuals with Disabilities Education Act IDEA Understanding The Federal Law is the KEY

9. Key Elements of IDEA • 9 • FAPE-Free and Appropriate Public Education • IEP - Individualized Education Program • LRE - Least Restrictive Environment • DUE PROCESS -Parent’s Rights AHRC NYC 2019 1/2/2020

10. Parental “Due Process” Rights • 10 Parents have the RIGHT TO BE INFORMED AND KNOWLEDGEABLEabout all actions taken on behalf of their child. They have the RIGHT TO PARTICIPATEin all meetings regarding evaluation and placement. PARENTAL CONSENTis required prior to evaluation and placement. RIGHT TO CHALLENGEeducational decisions through Due Process procedures. 1/2/2020

11. Exercising Your Parental DUE PROCESS Rights: You can request: Mediation Impartial Hearing Submit a complaint to the NYSED

12. Other Resources • 12 • Your school Administration and IEP Team • NYCDOE Field Support Centers • Call : 311 • Email: specialeducation@schools.nyc.gov • Special Education Advocacy Groups • Pro Bono Special Education Law Groups • Private Special Education Attorneys • Contact CCSE, CEC for District 75 • Your local elected officials (City Council, State Representatives, Federal Representatives) 1/2/2020

13. Special Attention Required • 13 • Related Services • Transportation • Vocational • Suspensions • Transition Points • Turning 5 • Middle School • High School • Post-Secondary (18-21 years old) 1/2/2020

14. Advocacy Skills AHRC NYC 2019

15. Be InformedKnow Your Rights &Be Prepared to Contribute

16. Get People’s Names Introduce yourself and ask for contact info People will be more responsive to you if they are aware that you know who they are.

17. BE PERSISTENT Keep Asking! Keep calling! The system counts on the fact that you will give up and go away - but do not!

18. Be Polite If you are rude or discourteous, you will not be “listened” to or may not receive the help you need.

19. Be Organized Open, read and save all documents from the DOE immediately including the envelope. Identify the right decision maker (e.g. principal, psychologist, district rep, psychologist supervisor, CSE administrators, transition coordinator) Keep a log of all your conversations with the school with the date and key words. Keep a calendar with important dates AHRC NYC 2019

20. Ask Questions If you do not understand something ASK

21. Remember Everyone has a Supervisor Always Follow the “Chain of Command”

22. Put ALL Requests in Writing Create a “Paper Trail” Document important communications Send follow up notes or emails

23. Be Prepared to Compromise A “Win Win” works for everyone Give a little to get a little

24. Try to Remain Calm Be aware of your own emotions and keep your composure

25. Seek out Professional Advocates

26. Say “Thank You” to those who have helped you Most people are never thanked for what they do. This simple gesture matters

27. REMEMBER YOU ARE YOUR CHILD’S BEST ADVOCATE. YOU BRING YOUR CHILD TO LIFE AT THE MEETING!

28. Contact Information AHRC ADVOCACY TEAM Paul Hutchinson, Ed.D. Director of Advocacy Services 212-780-2792 Katherine Hoy , LMSW Advocacy Program Associate 212-780-2534 Joanna Guzman Advocacy Administrations Coordinator 212-895-3447 Please refer new cases: Advocacy Hotline – 212-780-2799