Special Education Law for the Sophisticated Practitioner

1. Special Education Law for the Sophisticated Practitioner Charter Schools Institute Webinar October 24, 2012

2. Objectives Learn how to lead a legally compliant IEP process. Review practical strategies to address CSI’s key areas of concern, including those identified most recently by CDE

3. FAPE

4. Paperwork with a purpose.

5. FAPE Prong 1: Procedural

6. Right People

7. Stay in the Herd

8. Right Place

9. Myths About Notice

10. Noticing Meetings Use a new notice form any time an IEP meeting is convened/rescheduled Send the notice as soon as the District knows a meeting is necessary Minimize paperwork by offering multiple dates  

11. Enrolling New Students

12. Right Information

13. Evaluations The School District may always request an evaluation by an evaluator of its choosing. Conditional/limited consent is not consent.   The School District must give “due weight” to information provided by a parent, including private evaluations, but is not required to rely on the private evaluations.

14. Consent • A school district must obtain informed parental consent prior to: • conducting initial evaluations of a child; or, • commencing the initial provision of special education and related services to a child with a disability.

15. Consent • Schools need not always have consent, to: • Review existing data as part of an evaluation or reevaluation • Conduct a reevaluation with significant notice to and no response from parent • Administer a test or evaluation that is administered to all children (unless consent is required of parents of all children). • Find a child eligible for special education, or changing the child’s identification or eligibility category. • Change the child’s placement or implement an IEP that is not the initial provision of special education and related services. • Convene or finish IEP meetings.

16. Right Provisions

17. Drafts • Ensure when drafts are sent home in advance of an IEP meeting, the draft does not include placement • Do not list any codes or service recommendations • Remain open to revision

18. Recent CDE Findings • 73% of meetings did not adequately document the inconsistencies between the individuals on the meeting notice and those in attendance • 83% of IEPs noted necessary accommodations on district and state assessments. • 77% of the files reviewed, an explanation of why the AU proposed or refused an action, a description of other options considered, and why they were rejected, was documented as N/A or left blank. • 85% of the files reviewed had minimal or no documentation of placement options considered or discussion of the advantages and/or disadvantages of the placement selected.

19. Service Delivery = Placement Placement= special education and related services provided in the child’s IEP, not the physical location in which the services are implemented. Determined by the IEP team (at the IEP meeting) and based on the child’s present levels and goals and objectives. Begin with the general education setting and actually address the options.

20. Service Delivery • Do not complete in advance of the meeting or send with a DRAFT. • Use the narrative and the grid. • All time should be able to be documented. • Hours need to accurately reflect IEP teams determination of what student needs for providing FAPE • Other IEP Services • Services necessary for FAPE but that may not occur on a regular basis

21. Finalizing the IEP Computer-Based IEP Program Best Practice: Live in the meeting, leave with final. Alternative: Leave with handwritten, followed by Final with cover letter.

22. Prior Written Notice • Provides a final detailed document setting forth the District’s plan for the student’s education • Required any time the District:  • Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; • Refuses to initiate such a change. • PWN must be issued before the IEP is implemented.

23. Prior Written Notice • The contents of the PWN must include:  • A description of the proposed or refused action; • An explanation for the proposal or refusal; • A description of each evaluation, assessment, record, or report used as a basis for the proposal or refusal; • A description of other options that the IEP team considered and why those options were rejected; • A description of other factors relevant to the proposal or refusal; • A statement that the parents have procedural safeguards and the means by which a copy of the procedural safeguards notice may be obtained; and • Sources for the parents to contact to obtain assistance in understanding the PWN and their rights.

24. Implementing IEPs Ensure providers and teachers know how to access the complete IEP and know their roles. Check for understanding. Collect and review data.

25. Question & Answer NOTE: Discussion and answers are provided for general information only and do not constitute legal advice. Please consult with your colleagues and, where appropriate, the School’s legal counsel to ensure that decision-making addresses local facts and circumstances.