SPECIAL EDUCATION HELPLINE

1. SPECIAL EDUCATIONHELPLINE The Training Institute on Disability Rights

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. Equip For Equality Team Divisions • Public Policy • Abuse Investigation Unit- systemic focus • CSA – Community Integration, self-determination, & anti-discrimination • Special Education • Training Institute

4. What does Equip for Equality (EFE) Do? Offers People with Disabilities and their families: • Information • Referrals • Resources • Legal services • Trainings

5. SPECIAL EDUCATION CLINIC GOAL To empower parents To effectively advocate for their children.

6. SPECIAL EDUCATION HELPINE TRAINING • Helpline Calls • Special Ed Process • Special Ed Law BRIEF overview • Advocacy Tips for Parents

7. SPECIAL EDUCATION CLINIC HELPLINE Phoneconsultation ~ 1 hour • Discussing parents’ options • Strategies for effective advocacy • Assistance regarding laws and regulations • Resources • Research • Reviewing records

8. Pro Bono Support – HELPLINE – Live Pilot Program • PB attorney advises EFE of time available to receive calls. • EFE receives a special education call available time. • EFE transfers live call to PB attorney for Helpline call. • PB attorney completes Helpline Questionnaire or if busy schedules a time to complete the Helpline Questionnaire. • Once Helpline Questionnaire is completed, • Email to EFE • EFE will respond with assistance • PB attorney drafts email/letter providing assistance and confirming phone call. EFE is copied on all written communication. • Grievance brochure is included if case is being closed • EFE will assess the request through its weekly case assessment process. • EFE will advise if any further assistance is available for the family.

9. LIVE call Pilot Program Times Mondays 9-12 Mondays 12-3 Wednesdays 9-12 Wednesdays 12-3 Accepting Volunteers for other days and times as well.

10. SPECIAL EDUCATION CLINIC’S HELPLINE QUESTIONNAIRE • LEGAL ISSUE • ASSISTANCE PROVIDED • RECOMMENDATION

11. SPECIAL EDUCATION CLINIC’S HELPLINE QUESTIONNAIRE STUDENT’S INFORMATION • Name: • Date of Birth (Age): • Mailing Address: • County: • Telephone Number(s): • E-mail address, if any: • Student’s racial background / ethnicity: • Student’s primary language: • Living Arrangement: parental home, foster home, residential school, detention center, state operated facility, CILA, other:

12. SPECIAL EDUCATION CLINIC’S HELPLINE QUESTIONNAIRE CALLER /CONTACT PERSON INFORMATION • Name: • Mailing Address: • County • Telephone Number(s): • E-mail address, if any: • Accommodations needed for caller to work with EFE (large print, interpreter – what language_________, other___________. • Additional Notes

13. Abuse Accommodations/Modifications Assistive Technology Bullying/Harassment Eligibility Extracurricular Activities Early Intervention Expulsion/Suspension (EI) LRE Post High School Related Services Transition From EI Transition from HS Other What is the concern?

14. Establishing Educational Decision-making authority • Married? Skip to next section • If not, does the parent calling have • Sole educational decision-making authority • Shared educational decision making authority • With whom? • Their opinion • NO educational decision making authority • What Proof? (Court order, parenting plan, child is adopted, etc?)

15. HELPLINE QUESTIONNAIREGrant Questions • CURRENTLY serving on active duty in the US Military? • Income? • Income Source • Number of people in household: • How heard of EFE? • EFE’s email listserv • registered voter? • voting registration packet?

16. HELPLINE QUESTIONNAIRE: Program Funding Questions Disability: What education level (grade) is the student with a disability? Does student’s disability substantially limit any of the following areas? • Learning: • Mobility: • Self-Direction: • Self-Care: • Receptive and Expressive Language: • Capacity for Independent Living: • Economic Self-Sufficiency:

17. HELPLINE QUESTIONNAIRE: Adverse Party • Name of School Student Attends: • Name of School District Student Attends: • Address of School District Student Attends: • Name of School District Student would attend if not disabled: • Address of School District Student would attend if not disabled:

18. HELPLINE QUESTIONNAIRE: Prior History • Did the student with a disability receive special education services at last educational level? • Does Student currently have an IEP or 504 Plan? • Date of last IEP/504 meeting? • Date of next scheduled IEP/504 meeting? • Have you filed due process hearing request? If so, when______? • If yes, who is the impartial hearing officer? • When was he or she appointed? (Date of notice). • Advise Parents only 5 days to request a substitute-hearing officer and they only get one substitution?

19. HELPLINE QUESTIONNAIREProcedural History • Have you filed any other type of complaint? • With whom? • When? • What is the result? • Have you worked with an attorney or advocate for a school related matter? • Name of other lawyer/advocate. • Why aren’t you working with that person now? • Would you sign a release so we could talk to your former lawyer/advocate?

20. HELPLINE QUESTIONNAIRE: Reason for Calling EFE • If the student with a disability is a teenager, would the student agree with your goal? • Can we talk to the teenager? • What are you hoping EFE can do for you? (e.g., advice, assistance, advocacy, information & referral, etc.):

21. HELPLINE QUESTIONNAIRE:PARENTS’ GOAL • Provide a detailed explanation of the current problem that caused you to call EFE. • What is parents’ goal?

22. What happens AFTER Completing Helpline Questionnaire? • Legal Issues Presented • Assistance to Provide • Recommendations

23. AFTER Completing LIVE call Helpline Questionnaire Case Assessment Process • All requests are reviewed by the Helpline Manager and/or a group of special education attorneys. • Decisions will be communicated to PB attorneys within 1 day of our meeting.

24. Completing LIVE call Helpline Questionnaire Once you contact family you are EFE’s contact until that family’s matter is assigned to another attorney or case is closed.

25. Helpline Process Questions about Helpline? Overview of Special Education Process

26. Special Education Laws • Individuals with Disabilities Education Improvement Act 2004 (IDEA) • Section 504 • Family Educational Rights and Privacy Act (FERPA) • State Laws and Regulations

27. What about 504? Section 504 of the Rehabilitation Act of 1973 • Separate law • Even if a child does not need special education assistance, 504 makes sure that a child with a disability gets access to an education • Makes sure a child has access to a school building • Buses, ramps, elevators, same school day, etc. • US Dept of Education Office for Civil Rights (OCR) enforces 504

28. Special Education Laws Individuals with Disabilities Education Improvement Act 2004 (IDEA) 20 USC 1400 • 1400 purpose • 1401 definitions • 1412 child find, LRE,FAPE • 1414 evaluations, consent, eligibility, IEP, Placement • 1415 Procedural Safeguards

29. 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

30. Special Education Process • Request • Consent • CSE Case Study Evaluation (FIE) • Multidisciplinary or Eligibility Conference • IEP Individualized Education Program • Special Education & Related Services • IEP Meeting Annually • Re-evaluation (every 3 year) • IEE Independent Educational Evaluation

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

32. SPECIAL EDUCATION RULE Advise Every Parent PAPER TRAIL IS KEY DOCUMENT EVERYTHING! IF IT’S NOT WRITTEN DOWN IT DIDN’T OR WON’T HAPPEN

33. Special Education Services 1. Request • Written Request by Parent, State agency, or school may initiate request for initial case study evaluation • – proof of delivery – fax confirmation sheet etc. • Sample letter 1 Student’s with behavioral issues 2. All other students who may need special ed • SBPS – Not a valid reason for refusing CSE

34. Special Education Services 2. Consent • Parent can include consent in request letter or • School must provide parent consent form within 14 days of request • Domain Meeting discuss areas or domains to be assessed. All domain assessments = 1 evaluation • Time Line starts with Parental Consent not referral, • IL Admin Code: 60 SCHOOL days • IDEA 60 CALENDAR days

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

36. Special Education Services • Case Study Evaluation (CSE) Full Individual Evaluation (FIE) • Variety of assessment tools must be used • Many domains but only ONE evaluation • 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.”

37. Special Education Services • Request • Consent • Case Study Evaluation (CSE) (FIE) • Eligibility Meeting/Multidisciplinary Conf. –MDC • Individualized Education Program (IEP) meeting

38. Special Education Services 4. Eligibility Meeting –MDC Team of qualified professionals and parents decide Whether child is a child with a disability (1401)(3) 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

39. Special Education Services • Eligibility Meeting/Multidisciplinary Conf Team of qualified professionals and parents decide • Whether child is a child with a disability (1401)(3) • Educational needs of the child Parents given at meeting Copy of evaluation report Documentation of determination of eligibility

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

41. Special Education Services5. IEP Meeting Procedural Safeguards 1415 provided at meeting www.wrightslaw.com sample safeguards • IEP TEAM • Parents, child, special and reg ed teacher, LEA rep,+ • MEMBERS EXCUSED • written consent • Member’s area of curriculum or services is not being modified or discussed OR • Parents and school agree • Member provides written IEP input to parents and school prior to meeting

42. What’s in an IEP? • Present Levels of Performance • Goals & Objectives/Benchmarks * • Progress Reports • Special Education Services • Related Services • Supplementary Aids and Services • Includes staff training • Special factors • Transition Services (IL 14 ½ and up) – IDEA 16

43. Basis for Services • 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

44. Transition Services • Age 14.5: start transition services (IL) • results-oriented process • is based on the individual child’s needs taking into account the child’s strengths, preferences, and interests; and • Goals are to be updated annually • Appropriatemeasurable • postsecondary goals based upon age • appropriate transition assessments related to training, education, employment, and, • independent living skills; • The transition services (including courses of study) needed to assist the child in reaching those goals

45. Amending IEP • Agreed amendments in writing do NOT require a meeting • Parents entitled to copy of the revised IEP with amendments incorporated upon request • Advise Parents NEVER to sign a blank form

46. Requesting an IEP Meeting • Request in writing.. • According to 23 Ill. Admin. Code 226.220(b): • either a child’s educational provider or a child’s parent may request an IEP meeting at any time. • Within ten days after receipt of such a request, the district shall either agree and notify the parent in accordance with 34 CFS 300.503 or notify the parents in writing of its refusal, including an explanation of the reason no meeting is necessary to ensure the provision of FAPE for the child.

47. Reevaluation - every 3 years • Reevaluation every 3 years UNLESS parent and school agree it is unnecessary • Advise parent to revoke waiver of 3 year re-evaluation • Parent or teacher can request evaluation but not more than once per year unless school agrees otherwise

48. Evaluation/reevaluation • Required prior to removing child from eligibility • Exceptions • Regular diploma • Aging out • School must provide a summary to exiting students • Academic achievement and functional performance • Recommendations on how student can meet post secondary goals

49. Independent Educational Evaluation (IEE) • At Public (school) or Private (Parent) expense • Public expense if • Parent disagrees with school’s evaluation • School must • Pay for IEE, OR • May file Due Process against the parent within 5 days to prove that its evaluation was appropriate, OR • Prove that the Parent’s evaluation did not meet agency criteria • Private (Parent) expense – parent has a right to this at anytime – school must “consider” evaluation • See handout

50. HELPLINE TRAINING SPECIAL EDUCATION LAW QUICK OVERVIEW