Special Ed Parent Rights Workshop for SEPAC

1. Special Ed Parent Rights Workshop for SEPAC Sponsored by: Seekonk Schools October 4, 2017 6:00p.m. @HMS Library

2. Special EducationGeneral Education • 603 CMR, Section 28 in MA regulations and MGL 71B • Chapter 766 originally enacted in 1972. • Public Law 94-142 (federal law) issued in 1975: states accepting federal $ must provide an education to students with disabilities in the least restrictive environment (original IDEA). • Individuals with Disabilities Education Act (IDEA) reauthorized in 1997, known as IDEA-97. • Congress again reauthorized IDEA (President Bush signed this bill on December 3, 2004. All changes were effective July 1, 2005).

3. The Law Mandates Access • Access defines the collaboration between general and special educators. • “Specialized instruction” is needed to access the general curriculum, that instruction is provided by the special educator. • Accommodations are not specialized instruction as they are for everyone, however, modifications are “ specialized instruction.”

4. Review of the Referral Process • Parent, any care-giving person, or professional may refer a student for special needs services • Parents must receive written response to the request for referral within 5 days • Upon receiving written consent, the student must be evaluated within 30 school working days • A meeting to discuss the evaluation is held within the next 15 school working days.

5. To Qualify for Special Ed… • There are 10 disability categories identified in MA. (Federal regulations differ slightly in terms of the number of disability categories) State Regulations trump Federal Regulations • A student with a disability does not automatically require, or qualify for, an IEP. • There are specific questions which must be addressed when eligibility is discussed.

6. Special Education Eligibility • Does the student qualify under one of the 10 disability categories? • Is the student making effective progress? • Is the lack of progress a direct result of the student’s identified disability? • Does the student require specially designed instruction or related services, in order to make effective progress?

7. Examine evaluation data Identify one or more of the defined disabilities Review input from parents Document lack of progress in general education w/o specially designed instruction and/or related services Determination of Eligibility

8. Evaluations must include: • Observation (age 3 in natural environment but do not conduct duplicate assessments) • Provide history of educational progress in relation to MA Curriculum Frameworks and district curriculum • Narrative description of educational and developmentalpotential

9. Optional Components • Health assessments (nurse, physician) • Psychological assessment (school psychologist) • Home assessment (nurse, psychologist, social worker, guidance counselor, adjustment counselor, teacher)

10. Each assessment must summarize in writing: • The procedure employed • The results • Diagnostic impressions • Definition of student’s needs • Outline the ways to meet the needs • Recommendations • Upon request, the written report must be provided to the parent two days prior to the meeting.

11. Within 45 school working days following parent’s written consent: • Provide evaluations • Convene TEAM meeting to review data • Determine eligibility • Develop IEP • Either provide parent with two copies of IEP; one draft at the meeting, then, a final IEP is sent home after the meeting with proposed placement. • Or the district sends a written notice of non-eligibility.

12. IEP Responsibilities • An IEP is written when a student requires specially-designed instruction and/or related services. • An IEP is disability-driven (goals and objectives written for target areas).

13. IEP Responsibilities • The IEP is written based upon a TEAM meeting with input from all members. • The IEP must be available by 10 school days if parent receives a draft outline of the goals and the service delivery grid delineating times the goals are being addressed).

14. The IEP continued… • An IEP is a legally binding document. • The IEP is designed to explain the specially designed instruction that is necessary in order to allow the child access to the curriculum. • Once the child’s needs have been identified, and an IEP written, determination of placement is then made.

15. TEAM Composition The TEAM composition is critical when writing the IEP and must include: • a member authorized to commit the funds of the district • a parent • the child, if 14 or older

16. TEAM Composition • at least one special education/related service provider • at least one general education provider • an individual who can “interpret instructional implications of evaluation results” A staff person can represent more than one of these roles.

17. Bullying Prevention Plan • District Bullying Prevention Plan is located on District Website: • Definitions and statements prohibiting bullying, cyber-bullying, and retaliation; • Procedures for reporting, investigating, addressing and collecting data on bullying or retaliation; • A range of disciplinary action; • Procedures to restore safety to the victim and assess victim’s need for protection; • Strategies to prevent retaliation; • Procedures to notify parents or guardians of victim or perpetrator and when criminal charges may be pursued, to notify law enforcement; • A provision for professional development of staff; and • A provision to inform parents and guardians about the bullying prevention curriculum.

18. IEP Team Addresses Bullying • IF the IEP Team determines the student has a disability that affects social skills development or the student may participate in or is vulnerable to bullying, harassment, or teasing because of his/her disability, harassment, or teasing. Then…

19. Bullying • The Team will consider what should be included in the IEP to develop the student's skills and proficiencies to avoid and respond to bullying, harassment, or teasing. • The team will document this discussion in the IEP.

20. The main philosophy driving all laws and regulations, both state and federal, is that a child is ALWAYS assumed to be part of the general education setting. Removal from general education needs to be justified. In the general education setting, the disabled student has a right to the same educational components as his non-disabled peers. The IEP process provides for dispute resolution through appeals. (This process is outlined in the “Procedural Safeguards” which is sent home annually and during the initial referral process. ) Key Points

21. Additional Rights • A parent can request an independent evaluation for up to… • 16 months after the school conducts an evaluation which the parent disputes. The district then bears fiscal responsibility for this evaluation. School districts adhere to Massachusetts Rate Setting Commission guidelines when they are fiscally responsible for an independent evaluation • A Special Education student is entitled to an education until he/she reaches the age of 22 or receives a high school diploma. (MCAS has great implications here.) • The High School Equivalency Certificate (formally known as a GED Certificate) does not terminate school’s responsibility. • Standards used for eligibility by DPH agencies (Early Intervention) are different than those used by schools. A student may qualify at an agency and not meet eligibility for an IEP.

22. Significant implications of IDEA 2004 • Allows for development of a new approach to determining a specific learning disability • Transition activities begin when a child turns 14. • At this time, a transition plan is developed, and update annually. • IEP goals need to reflect skill-sets necessary to achieve transition goals toward preparation for college or career readiness.

23. IDEA 2004 continued… • An IEP may be amended without a face to face meeting if the parent and school agree in writing that a formal meeting is not necessary. • A member of a TEAM may be excused from all or part of a meeting if he/she is not essential to the writing of the part of the IEP under discussion AND if the parent and LEA agree IN WRITING.

24. IDEA 2004 continued… • Procedural safeguards need only be sent once each year AND upon the following: a referral for evaluation, a due process complaint, parental request. • Changes to discipline provisions: the length of time school personnel may remove a student to an interim alternative setting has changed from 45 days to 45 school days • Due process rights apply up to 2 years after the date of an alleged IDEA violation.

25. 688 Transfer of Rights At least one year prior to the student reaching age 18 the student and the parent must be informed about the rights that will transfer from the parent to the student upon the student's 18th birthday. 34 CFR300.320(c) and 300.520. The notification provided to both the parent and the student must explicitly state that all rights accorded to parents under special education law will transfer to the 18 year old student. Student is contacted again to sign form when he turns 18 and the parent will continue to receive all the required notices from the school district and will have the right to inspect the student's records, but will not longer make special education decisions for the adult student. See also state special education regulations at 603 CMR 28.07(5).

26. 504/IEP Differentiation • 504 eligibility is based upon any disabling condition, unlike IDEA which details specific disability categories. • The key point is that the disabling condition must have a substantialeffect on a major life activity, instead of effective progress as defined by IDEA. • If a student is placed on a 504, accommodations are made in the general education setting.

27. 504 Responsibilities… • When a determination is made that a 504 be written, a general educator must provide inputregarding appropriate accommodations. • A 504 is a building-based plan which is largely carried out in a general education setting.

28. 504 Responsibilities… • General Education is responsible for 504 accommodations. • A 504 plan is considered a legal contract.

29. 504/Special Education Discipline • Any student with a disability with an IEP or 504 plan who has been removed from school for disciplinary reasons for 10 or more days must have a manifestation determination meeting. If the TEAM determines that the behavior is a manifestation of the disability of record, the student can not be suspended. • The TEAM will review the Behavior Intervention Plan or if none is in place, propose an FBA in preparation for the development of a Behavior Intervention Plan. • If the disability is not causal to the behavior, disciplinary action would be equal to that of a non-disabled student; however IEP services must continue to be implemented. • During the period of exclusion, the LEA must provide the student with access to FAPE.

30. 504/Special Education Discipline • If your student possessed or used a weapon or drugs, or caused serious bodily injury to another person on school property or at a school event your student may be placed by the principal in an Interim Alternative Educational Setting(IAES)up to 45 school days without regard to whether the behavior is determined to be a manifestation of the student’s disability. • The IEP Team will determine the IAES and the appropriate educational services that will be provided to the student while he or she is in the IAES.

31. Manifestation Determination • When it is expected that a student will be removed from his or her current educational placement for more than ten school days, the Team needs to hold a manifestation determination meeting. • The purpose of this meeting is to determine whether the behavior that gave rise to the discipline is or is not related to the student’s disability or is or is not related to failure to implement the 504 Plan or IEP. • Must include relevant members of student’s Team (as agreed upon by Parents and School). • Team must convene within 10 school days of a decision to change the placement.

32. Manifestation Determination • Repeat manifestation determination meetings may be necessary for a student who has previously reached the 10-day limit. • At the manifestation determination meeting, the Team shall review relevant information including the student’s IEP or 504 Plan, teacher observations and any relevant information provided by the parents to answer the following two questions: • Whether the conduct in question was caused by or had a direct and substantial relationship to the student’s disability? and • Whether the conduct in question was the direct result of the local educational agency’s failure to implement the IEP or 504 Plan?

33. Manifestation Determination • If either one of these questions is answered in the affirmative, the Team must conclude that the behavior was a manifestation of the disability. • If the Team determines that the behavior in question isrelated to the student’s disability or due to a failure to implement the 504 Plan/IEP, he/she must be returned to his/her educational placement unless the district and the parent/guardian agree to another placement. He/she must also receive a functional behavioral assessment, behavioral intervention services and modifications designed to address the behavior violation so that it does not reoccur. • If the Team determines that the behavior in question is notrelated to the student’s disability or failure to implement the IEP or 504 Plan, he/she can be subject to disciplinary proceedings in the same manner as a regular education student. • For students on IEPs, the student must continue to receive FAPE, starting on the 11th day that the student is suspended during the during school year. • For students on 504 Plans, if the behavior is not a manifestation of the disability or failure to implement the IEP or 504 Plan, then there is no entitlement to FAPE.

34. Manifestation Determination • Repeat manifestation determinations may be necessary for a student who has previously reached the 10-day limit. • At the manifestation determination meeting, the Team shall review relevant information including the student’s IEP or 504 Plan, teacher observations and any relevant information provided by the parents to answer the following two questions: • Whether the conduct in question was caused by or had a direct and substantial relationship to the student’s disability; and • whether the conduct in question was the direct result of the local educational agency’s failure to implement the IEP or 504 Plan.

35. Special Education Administrator ◊ Susan Doe: Seekonk Director of Special Education Note: The updated Parent Procedural Safeguards are located on the Seekonk School Website under District, Special Education: http://seekonksharpschool.com The Updated Bullying Prevention Intervention Plan is located on District website http://seekonksharpschool.com