SPECIAL EDUCATION LAW

1. SPECIAL EDUCATION LAW WHAT TEACHERS NEED TO KNOW Footer Text

2. TODAY’S DISCUSSION • The Law on Special Education • Common Terms • Parent Participation • Components/Process of IEP • Transfer Students • Revising IEP • Restraint and Seclusion Footer Text

3. WHERE IS IT WRITTEN? • IDEA 2004 (20 U.S.C. 1400 et seq.) • FEDERAL REGULATIONS (C.F.R.) • STATE STATUTES (Tennessee Code Annotated) • STATE REGULATIONS • STATE BOARD OF EDUCATION RULES Footer Text

4. IDEA 2004 (also known as IDEIA): • The federal law governing special education. • Found in the United States Code at 20 U.S.C. 1400 et seq. • Also has Federal Regulations which coincide with it

5. LEA: “Local Educational Agency” The special education term for the local school system.

6. “FAPE”- Free Appropriate Public Education: • Required under federal law for all children deemed eligible for special education services. • A key word is “appropriate”. NEVER suggest that a certain service/support is needed because it will give the child the “best” education- the law does not require that.

7. LRE: “Least Restrictive Environment”: The IDEA 2004 requires that children be educated in the least restrictive environment in which they can progress.

8. IEP- “Individualized Education Plan” • The contract between parents and the school system which sets forth the child’s educational goals, educational placement and the supports and services that will be provided to assist the child in reaching his or her goals.

9. PARENT PARTICIPATION IS CRITICAL! Footer Text

10. Parent Participation: First named members of the team in the IDEA If neither can attend, LEA MUST use other methods to ensure parent participation, including individual or conference calls. 34 C.F.R. 300.322(c) LEA must ensure that parents understand proceedings, including providing an interpreter for parents with deafness or whose native language is not English. 34 C.F.R. 300.322(e)

11. The Seven (+1 later) Required Components of the IEP • Present levels of performance • Measureable annual academic and functional goals • A description of how the child’s progress will be measured • A statement of special education and related services and supplementary aides and services to be provided to the child • An explanation of the extent, if any, to which the child will not participate with typical peers in the general education classroom • A statement of appropriate accommodations to be made on state and district-wide testing • Projected beginning date, frequency, location and duration of services

12. And The +1: • Beginning with the first IEP top be in effect when the child is 14 (16 under Federal law), and updated annually, a post-secondary transition plan ALL 8 COMPONENTS MANDATED UNDER 20 U.S.C. 1414(d)(1)(A) and 34 C.F.R. 300.320(a),(b)

13. What Is the Sequence of Events? • Background Information (disability category, address, age, parent info, medical info, etc.) • Strengths and areas of concern • Statement of how disability affects progress in general curriculum • Present Levels of Performance 5. Special Factors 6. Goals and Objectives and method of evaluating 7. Special education and related services, supplementary aids and services and modifications and supports needed (including frequency, etc) 8. Placement/LRE discussion

14. A Note on Drafts and Predetermination: The IDEA 2004 discourages draft IEPs: "We do not encourage public agencies to prepare a draft IEP prior to the IEP Team meeting, particularly if doing so would inhibit a full discussion of the child’s needs. However, if a public agency develops a draft IEP prior to the IEP Team meeting, the agency should make it clear to the parents at the outset of the meeting that the services proposed by the agency are preliminary recommendations for review and discussion with the parents." "The public agency also should provide the parents with a copy of its draft proposals, if the agency has developed them, prior to the IEP Team meeting so as to give the parents an opportunity to review the recommendations of the public agency prior to the IEP Team meeting, and be better able to engage in a full discussion of the proposals for the IEP." "It is not permissible for an agency to have the final IEP completed before an IEP Team meeting begins." (FR 46678)

15. So what does that mean for drafts? • Draft IEPs are acceptable and probably a necessity in order to conduct meetings in an acceptable amount of time • HOWEVER- they should always be forwarded to the parents in advance of the meeting • Parents should ALWAYS be told that the draft is just a draft and that the parents’ input is critical • No one- LEA or parents- should walk into the meeting with a pre-determination Footer Text

16. #1- Present Levels of Performance Statement regarding child’s present levels of academic and functional performance, i.e. a “snapshot” of where child is today. Statement regarding how the child’s disability affects the child’s involvement and progress in the general education curriculum. Each area includes a notation as to whether or not the child is exceptional in that area (i.e. whether they need special education or related services)

17. #2- Annual Goals: Must be designed to meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum Must be designed to meet each of the child’s other educational needs that result from the child’s disability MUST BE OBJECTIVELY MEASURABLE!! Annual goals are broken down into smaller short-term objectives that build to those goals (short-term objectives or benchmark objectives are mandatory under Tennessee Law- State Bd of Ed Rules Ch. 0520-01-09-.12(1)).

18. #3- Tracking Progress: A description of how child’s progress towards annual goals will be measured A description of when periodic reports on the child’s progress will be provided (i.e. through progress reports) Under Tennessee Law, progress reports must be AT LEAST EQUIVALENT to those provided to non-disabled students. State Bd of Ed Rules Ch. 0520-01-09-.12(6).

19. #4- Services: Summary of special education and related services AND supplementary aids and services to be provided to the child Services must be based on peer-reviewed research to the extent practicable Summary of program modifications and supports to be provided to the child

20. #4- Services (continued): • Purpose of services and supports is for the child to be able to: • Progress towards annual goals; • Be involved in and make progress in the general education curriculum AND to participate in extracurricular and other non-academic activities; and • Be educated and participate with other children with disabilities and with non-disabled peers in the general education class.

21. Special Considerations: In determining the appropriate services, supports, etc., the IEP team MUST consider: • The behavioral needs of the student; • The language needs of any student with limited English proficiency; • The possible need for instruction in or use of Braille for students with blindness or visual impairment; and • The need for assistive technology

22. Other Required Considerations: The IDEA requires that the IEP team, in developing a child’s IEP, consider: 1. the child’s strengths and weaknesses; 2. the concerns of the parents 3. evaluation results 4. the academic, developmental and functional needs of the child 20 U.S.C. 1414(d)(3)(A)

23. Transportation: Under Tennessee law, the LEA must provide transportation for children with disabilities where necessary. Tennessee law specifies that it is preferable to transport children with disabilities along with their non-disabled peers whenever appropriate and to make adaptations to allow for that transportation when appropriate. Travel time for children with disabilities shall not exceed travel time for the other children, but exceptions can be made on the recommendation of the IEP team. Operators and attendants on vehicles providing special transportation must get special training, and special attendants shall be provided when an IEP team determines it is necessary. State Bd of Ed Rules Ch. 0520-01-09-.05(3)

24. What are Related Services? Transportation and such developmental, corrective and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, social work services, school nurse service designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children. 20 U.S.C. 1401(26)

25. What Are Supplementary Aids and Services? Aids, services, and other supports that are provided in the regular education classes or other education related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate. 20 U.S.C. 1401(33).

26. #5- LRE Statement: LEA must explain if child is to be outside of general education curriculum at any point. LAW IS VERY STRONG ON LRE: “To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular education environment occurs only when the nature or 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.” 20 U.S.C. 1412(a)(5)(A)

27. Continuum of Placements: Federal and State Regulations: • 34 C.F.R. 300.115- mandates that each LEA provide a continuum of placements. • State Bd of Ed Rules Ch. 0520-01-09-.09(1)(l)(6)- requires that the LEA annually provide to the state depart of education “an assurance that a continuum of alternative placements are available to meet the needs of children with disabilities.”

28. INCUSIVE PRACTICES WORK! IDEA 20 U.S.C. 1400(c)(5): FINDINGS • Almost 30 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by— • Having high expectations for such children and ensuring their access to the general education curriculum in the regular classroom, to the maximum extent possible….

29. #6- Assessments: A statement of any individual appropriate accommodations needed to measure academic achievement and functional performance on state and district-wide assessments If the team determines that a child should take an alternative assessment, there must be a statement as to why the child cannot take the regular assessment and as to why the alternative assessment chosen is appropriate

30. #7- Dates, Frequency, Location and Duration of Services: The “meat” of the IEP Can be an area of concern/ dispute/negotiation during the IEP process Need to provide enough services to make measured progress on goals

31. The +1: Transition Services: Not an issue until child is 14 in Tennessee (16 under federal law) At that time, IEP must include statement of appropriate post-secondary goals related to training, education, employment and independent living skills where appropriate Must also include a statement of the transition services and course of study needed to assist the child in reaching those goals

32. The Final Determination: Placement Should not be determined prior to a team decision regarding goals and services/supports Should NEVER be pre-determined by LEA Starting point- General Education classroom (LRE) PARENTS MUST BE A PART OF THE DECISION-MAKING PROCESS AS IT RELATES TO PLACEMENT 20 U.S.C. 1414(e)

33. The Law on Transfer Students • Depends on whether the student is transferring within the same state or from out of state

34. In-State Transfers: If transfer occurs during same academic year and student had IEP at previous school, new LEA must provide child with services comparable to those in the previous IEP until the LEA either adopts the previous IEP or develops, adopts and implements a new IEP that is in accordance with federal and state law. To facilitate the transition, the new school is required to take reasonable steps to promptly obtain the child’s school records, including the IEP and supporting documents, and the former school is required to take reasonable steps to promptly respond. 20 U.S.C. 1414(d)(2)(C)

35. Out of State Transfers: The rule is the same as for in state transfers, except that comparable services shall be provided until the new LEA conducts an initial evaluation, if determined to be necessary BY THE LEA, and develops a new IEP. Same mandate exists regarding the transmittal of school records 20 U.S.C. 1414(d)(2)(C)

36. Revising the IEP: • Changes to the IEP may be made at any time either by the entire IEP team in a meeting or without a meeting where the parents and the LEA agree to amendments/modifications • IEPs must be reviewed at least annually • The IEPs team must revise the IEP as appropriate to address • Lack of expected progress • Results of evaluations • Information about the child provided by or to the parents • The child’s anticipated needs; or • Other matters

37. Restraint and Seclusion • Tennessee law went into effect in January of 2009. • Restraint- limiting a student’s freedom of movement by physical contact or holding • Seclusion/Isolation- confining a student alone in a room or space from which the student is physically prevented from leaving. • “Time out” in an area where the student is not physically prevented from leaving is NOT seclusion or isolation for purposes of this law Footer Text

38. What CAN schools do? • Use restraint or isolation in emergency situations • School MUST notify the student’s parent or guardian and call an IEP meeting if restraint or isolation is used when it is not in the IEP • Use restraint or isolation if it is written into the student’s IEP • School MUST notify the student’s parent or guardian and call an IEP meeting if restraint or isolation used is longer than that called for in the IEP. SCHOOLS MUST RECORD THE FACTS SURROUNDING THE USE OF RESTRAINT/ISOLATION AND MUST PROVIDE THE RECORD TO THE PARENTS UPON REQUEST. Footer Text

39. What are schools PROHIBITED from doing? • restrain a child in any position that restricts breathing or is life-threatening, such as face down or putting weight on the chest • use mechanical restraint such as straps, lap belts or ties • use chemical restraint, such as misuse of prescription medication to restrict a child’s freedom of movement • use Mace, pepper spray or any other noxious (unpleasant) substance • lock a child in a room, closet or other confined space • restrain or isolate a child as punishment, coercion, convenience or retaliation Footer Text

40. Pending Federal Law • Currently stalled in the United States Senate • Would prohibit writing restraint or isolation in IEPs • Would allow locked seclusion Footer Text

41. Staying Away from Restraint and Seclusion • Practice good communication with parents. • Recognize that many perceived negative behaviors are attempts at communication. • If there is a behavioral concern, recommend to the IEP team that a Functional Behavioral Analysis (FBA) and Behavior Intervention Plan (BIP) be implemented by the team. Footer Text

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