The ABC’s of Special Education: IDEA, FAPE, FBA, BIP and YOU

1. The ABC’s of Special Education:IDEA, FAPE, FBA, BIPandYOU Ellen Stoltz, Ph.D. Senior Director Special Education Services

2. Overview: Setting the Scene • Welcome, Introductions, and Teacher Recognition • Updates: SEAS, Transition, 2550 • Purpose, Process, Pay-off, Embedded Metacognitive and Comprehension Strategies • Why We Do What We Do Table Talk…IDEA…FAPE… 5. How are We Doing? SEDAC Data BREAK • New FBA and BIP: Mini-Workshop • Q and A

3. THREE Ps • PURPOSE: To develop shared understanding of our mandated responsibilities in special education • PROCESS: Power Point presentation, table talk, mini-lesson workshop, Q and A • PAY-OFF: Provide appropriate services to students with disabilities through systemwide adherence to IDEA and FAPE

4. TABLE TALK: Assessing Prior Knowledge What is the Role of the Special Education Teacher? What is the Role of the School Psychologist?

5. CHILD FIND • IDEA • School districts have an affirmative duty to locate and identify children in need of special education services. 20 U.S.C. § 1412(3)(A). • Includes the duty to locate children who do not attend public schools.

6. CHILD FIND • Federal Authorities • Individuals With Disabilities Education Act (IDEA), 20 U.S. C. § 1400 et al. Regulations are located at 34 C.F.R. Part 300 and 303. • Connecticut and other states that elect to receive funds under Part B of the IDEA must provide a “free appropriate public education” to eligible children with disabilities between the ages of 3 and 21 in accordance with the federal IDEA statutes and regulations. It further provides for early intervention services for infants and toddlers

7. CHILD FIND Who is eligible for special education services under the IDEA? • A child with a disability (ages 3 to 21) who has a physical, mental or emotional impairment and who, by reason thereof, needs special education and related services. 20 U.S.C. § 1401(3).

8. CHILD FIND • A child aged 3 through 9, at the discretion of the State (age 6 in CT) and local education agency, who is experiencing developmental delays, as defined by the State, in the areas of physical, cognitive, communication, social, emotional or adaptive development and who, by reason thereof, needs specially designed instruction and related services. 20 U.S.C. § 1401(3).

9. CHILD FIND • Specifically includes: a child who has an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, other health impairment, specific learning disability, deaf-blindness, or multiple disability, who, by reason thereof, needs special education and related services.

10. CHILD FIND: Secondary Level • In Connecticut, a child is eligible for special education services through the end of the year in which the child turns 21. Because the school year is defined as commencing on July 1, a student who turns 21 on July 1 or later is eligible for services through the entire school year.

11. CHILD FIND: Secondary Level • Connecticut also defines a student who is pregnant as being eligible for special education and related services. Ct. St. Reg. §10-76d-2(l)

12. CHILD FIND: Elementary and Secondary • Ct. St. Reg. 10-76d-7 mandates… prompt referral to a PPT of all children who have been suspended repeatedly or whose behavior, attendance or progress in school is considered unsatisfactory or at a marginal level of acceptance.

13. 13 Primary Disabilities (Brain Break)

14. Incidence in Hartford: 3,658 (2008-09)

15. CHILD FIND: Text to Self Connection Special Education Teacher School Psychologist

16. EVALUATION • Informed parental consent must be obtained prior to conducting an initial evaluation or re-evaluation. 20U.S.C. § 1414(a)(1)(D); 20 U.S.C. § 1414(c)(3); 34 C.F.R. §300.300. • Informed consent for a re-evaluation may not need to be provided if the local educational agency can show that it took reasonable measures to obtain consent and the parents failed to respond. 20 U.S.C. § 1414(c)(3). • Who may request an evaluation? • Parent or school personnel • Under state law, referrals for special education may also be made by a physician, clinic or social worker. Ct. St. Reg. 10-76d-7.

17. EVALUATION • Timeline for initial evaluation • IDEA provides 60 calendar days of receiving parental consent for the evaluation 34 C.F.R. §300.301(c) • Timeline does not apply if parent repeatedly fails or refuses to produce the child • State law provides that evaluation and program implementation must be conducted within 45 school days of the referral or notice. Ct. St. Reg. 10-76d-13.

18. EVALUATION • Parent’s refusal to permit evaluation • For initial consent for evaluation only, the District has a right to request due process to pursue the initial evaluation. 34 C.F.R. §300.300(a)(3)(i). The District is not considered to have violated child find if it does not pursue due process.

19. EVALUATION • Reevaluation 34 C.F.R. §300.303 • May occur whenever parent or school requests it • Unless both sides agree, may not be required to evaluate more than one time in a year • Under the IDEA, re-evaluations must be conducted whenever conditions warrant it, but no less than once every three years, unless both sides agree it is not necessary. 34 C.F.R. §300.303(b)(2).

20. EVALUATION Independent Educational Evaluations • Parents have a right to obtain an independent educational evaluation at public expense if they disagree with an evaluation done by the school. • The school may initiate a due process hearing to show the school's evaluation is appropriate. • If the school evaluation is found to be appropriate, the parents may still present the private evaluation, but at their own expense.

21. SEDAC Report: How are we doing on our mandated EVALUATION responsibilities? • Timely Evaluations: Indicator 11 • Range of Days: 60-146 • Rating: Does Not Meet Requirements

22. EVALUATION: Text to Self Connection Special Education Teacher School Psychologist

23. PPT • Parental notification of PPT meeting must be made at least 5 days prior to the meeting • The District must notify parents five days before proposing to, or refusing to, initiate or change the child’s identification, evaluation or placement. Ct. St. Reg. 10-76d-8.

24. PPT • Composition of the IEP Team: 20 U.S.C. § 1414(d)(B); 34 C.F.R. §300.321. • The parents of the child; • At least one current regular education teacher of the child; • If the child is or may be participating in the regular education environment. • If the student does not have a regular education teacher, the team should include a regular education teacher with whom the child is likely to be placed for any portion of the day.

25. PPT • At least one special education teacher; • A representative of the local educational agency who: • Is qualified to provide, or supervise, the provision of special education; • Is knowledgeable about the availability of school resources. • An individual who can interpret the evaluation results, i.e. psychologist • Any person with knowledge or special expertise about the child invited by the parent or the school; • The student, when appropriate; and

26. PPT • With parental consent, the District must invite a representative of any participating agency that is likely to be responsible for providing or paying for transitional services. • Members of the IEP team may be excused if the parent and district agree in writing. Connecticut law requires that the PPT team consist of representatives of the teaching, administrative and pupil personnel staff. Ct. St. Reg. §10-76a-1(p).

27. ELIGIBILITY Determination of eligibility • The District has an obligation to explore every area of suspected disability. • A variety of assessment tools must be used to gather information, including information from the parents. 34 C.F.R. §§ 300.304, 300.305. • No single test or procedure should be used as the sole criterion to determine whether the child has a disability.

28. ELIGIBILITY • The team must determine: • if the child has a disability or continues to have a disability; • present levels of performance; • present educational needs of the child; • if the child needs or continues to need special education and related services; • modifications needed to participate in and benefit from the general education curriculum

29. ELIGIBILITY • Parental notification of PPT meeting must be made at least 5 days prior to the meeting • The District must notify parents five days before proposing to, or refusing to, initiate or change the child’s identification, evaluation or placement. Ct. St. Reg. 10-76d-8.

30. Developing the IEP 20 U.S.C. § 1414(d)(A), 34 C.F.R. §300.320. • A statement of the child’s present levels of education and a statement of how the child’s disability affects his/her involvement and progress in the general curriculum. • A statement of measurable annual goals;

31. Developing the IEP • A statement of specially-designed instruction and related services and supplementary aids and services to be provided to the child and a statement of program modifications or supports for school personnel that is designed to enable the child to: • advance appropriately toward attaining the annual goals; • enable the child to be involved in and progress in the general curriculum; • enable the child to participate in extracurricular and other nonacademic activities. • Related services including the frequency, duration, and grouping (individual or group) of those services.

32. Developing the IEP • Modifications that will be provided for the child. • An explanation of the extent, if any, to which the child will not participate with non-disabled children in the regular classroom. • Modifications needed in the administration of State or district-wide assessments of achievement. • Transition services beginning not later than the first IEP in effect when the child turns 16 • How the child’s progress will be measured and how this will be communicated to the parents.

33. Developing the IEP • It is very important that all people working with the child have access to the IEP and are knowledgeable about what is in it. • Includes general education teacher, special education teacher, related service providers, any other service provider who is responsible for the implementation of the IEP.

34. EDC Audit: How are we doing on our mandated IEP responsibilities? • “In 2007, in 80% of the cases, goals and objectives did relate to the needs and concerns stated on pages 4-5 of the IEP; the percentage was 89% in 2008 and 91% this year. Fewer incompletes were found this year (5%) than last (9%).”

35. EDC Audit: How are we doing on our mandated IEP responsibilities? “EDC reviewers found that the adequate reporting of student progress has varied dramatically over the last three years with reporting up to date for 67% of students in Phase 2, only 32% of students in Phase 3 and 64% in Phase 4.”

36. EDC Audit: How are we doing on our mandated IEP responsibilities? • Phase 2 indicated that progress was “satisfactory” or better for 75% of the sample students. • Phase 3, the figure “satisfactory” or better progress had dropped to 34% and reviewers could not make a determination (from the IEP) about student progress in more than half the cases (far more than the 14% that were incomplete or not available in Phase 2). • Phase 4 progress was “satisfactory or better” for 52% of the students and the reviewers found that in 33% of the IEPs the information was incomplete or a determination could not be made.

37. EDC Audit: How are we doing on our mandated IEP responsibilities? • While the percentage of provider absences dropped from 26% to 4% from the spring of 2007 to the spring of 2008, provider absence in the spring of 2009 had again risen to the 26% seen in the spring of 2007. • Please make up hours not provided…

38. EDC Audit: How are we doing on our mandated IEP responsibilities? • Phase 2: 14% of students had a behavior plan and all the plans were implemented. • Phase 3: 19% of students had behavior plans and 78% were implemented. • Phase 4: 95% of behavior plans were implemented.

39. EDC Audit: How are we doing on our mandated IEP responsibilities? • Phase 3: 71% of the interviews the interviewee brought at least some of the requested documentation to the interview. • Reviewers described the interviewee’s paperwork as organized, detailed, and up to date with respect to 90% of the students. • Phase 4: 94% of the interviews the interviewee brought at least some of the requested documentation to the interview. • Reviewers described the interviewee’s paperwork as organized, detailed, and up to date with respect to 88% of the students.

40. EVALUATION: Text to Self Connection Special Education Teacher School Psychologist

41. FAPE • What is a Free Appropriate Public Education (FAPE)? • “free” • At public expense. • May, with parents’ consent, use public or private insurance to pay for some or all of the services provided. • “appropriate” • No clear cut definition. • This is what most due process hearings are about.

42. FAPE • A procedural violation is enough for a hearing officer to find that the district did not provide FAPE. The hearing officer may find this if the procedural violation: • impedes the right of the child to FAPE, • significantly impedes the parent’s right to participating in the IEP team process, or • causes a deprivation of educational benefit. 20 U.S.C. §1415(f)(3)(E). • one Connecticut Court found that the district denied the child FAPE when it failed to ensure the parent’s attendance at the PPT meeting to plan for the upcoming school year. Mr. and Mrs. M. v. Ridgefield Board of Education (D. Conn. 2007).

43. FAPE • A student's failure to make progress does not mean the IEP was inappropriate at the time it was drafted. • Failure to revise an IEP when a student is not making progress is a violation of FAPE • The availability of a better or optimal program also does not make the IEP inappropriate.

44. FAPE: How did Hartford Fare? State Complaints: FAPE denied due to: • Failure to evaluate in a timely fashion • Failure to identify services for students who are pregnant • Failure to write and implement an IEP within the annual timeline • Failure to provide parent with IEP within 5 school days • Failure to provide equitable services for students with a disability SEDAC: FAPE at Three: 100%

45. 9.17.09 SERC 45

46. Brain Break • Let’s Take a 10-minute Break

47. Responsibilities Recap: Text to Self Special Education Teacher School Psychologist

48. Functional Behavior Assessment (FBA) and Behavior Intervention Plan (BIP) Table Talk: What is the purpose of conducting a functional behavior assessment? Table Talk: What is the purpose of the Behavior Intervention Plan?

49. Functional Behavior Assessment (FBA) and Behavior Intervention Plan (BIP) The ABC’s… A__________________________ B__________________________ C__________________________

50. FBA and BIP • Who? • What? • When? • Where? • Why? • Replacement Behaviors: Redirect, Reinforce • Monitoring with Data