Education for Students with Disabilities: The Basics

1. Education for Students with Disabilities: The Basics

2. Unique alliance of people with disabilities and parents of children with disabilities. • National law and policy center dedicated to protecting and advancing disability civil and human rights. • VISION: a just world where all people live full and independent lives free of discrimination. • Disability rights are civil rights. • Information is power! Children with disabilities who have consistent, knowledgeable advocates are most likely to receive appropriate services & supports!

3. DREDF Children & Family Advocacy: • Parent Training and Information (PTI) Center for Alameda, Contra Costa & Yolo. • Foster Youth Resources for Education (FYRE) for Alameda County. • Legal advocacy and representation in cases involving systemic abuses. • Educate legislators and policy makers on issues (such as IDEA, ADA) affecting the rights of people with disabilities.

4. Laws that protect students with disabilities: • “504”Section 504 of the Rehabilitation Act of 1973 • “IDEA”Individuals with Disabilities Education Act

5. “504”Section 504 of the Rehabilitation Act of 1973

6. Section 504 • Federal Anti-Discrimination Law. • Protects ALL PEOPLE with a disability that impairs one or more major life activities (learning is one). • Prohibits discrimination in ANY program that receives federal dollars. • Provides Accommodations to remove discriminatory barriers. • In education, “504 Plan” removes barriers to learning and opportunities.

7. Section 504 • Leveling the playing field • A student is entitled to a Free and Appropriate Public Education (FAPE) • A 504 Plan is designed to reasonably accommodate the student’s condition so that his/her needs are met as adequately as the needs of students without disabilities.

8. 504 Accommodations INDIVIDUALIZED to create equal access and equal opportunity and remove discriminatory barriers. For example:. • Time: More time to complete assignments; Frequent breaks • Environment: Quiet setting; Preferred seating, Elevator key • Health: Help with glucose testing; Nut-free lunch table • Assistive Technology (AT): Computer access; FM system, Pencil grip

9. 504 & IDEA Relationship ALL students Students eligible for Special Education under IDEA are protected by 504andIDEA. A Student receiving special education may also need accommodations to prevent discrimination 504 eligible IDEA eligible

10. “IDEA”Individuals with Disabilities Education Act(Special Education)

11. IDEA • A Federal Education Law / 1975 • For students who fit at least 1 of 13 categories of disability. • Who also need specialized support and instruction to benefit from education. • Provides an “IEP”: Individualized Education Program- specialized instruction- supportive related services- Individualized to meet unique needs.

12. IDEA Purpose • US Congress says: • Disability is a natural part of the human experience. • Disability in no way diminishes the right of individuals to participate in or contribute to society. • Improving educational results for children with disabilities is an essential element of our national policy. • An education to meet unique needs AND prepare student for further education, employment, and independent living.

13. IDEA 6 Core Principles • Appropriate Evaluation/Assessment • Free & Appropriate Public Education (FAPE) • Individualized Education Plan (IEP) • Least Restrictive Environment (LRE) • Parent (and student as appropriate) participation in the decision-making process • Procedural Safeguards

14. Cycle of Special Education Reason for Concern / Dx Team meets to review IEP annually(Can write to request more often) Request Assessment in writing!!! District provides “Assessment Plan”within 15 calendar days Implement IEP Appropriate Placementdetermined “Informed consent”Parent may take at least 15 calendar days for questions (if needed) before signing “PLOP”, Goals, Individualized Instruction and Services determined Assessment + IEP Meeting:within 60 days of parent signing Assessment Plan

15. IDEA Assessment • Parent (or others) WRITE to request Special Education assessment. • DREDF has sample “Request for Assessment” letter. • SAFEGUARD: If parent asks verbally, district is obligated to help put request in writing. • Comprehensively assess child “in all areas of suspected disability”to determine need for special education. • TIP: Ask for “504 assessment” too in case child does not qualify under IDEA and to tighten up the timeline.

16. IDEA “Child Find” • A written request for special education assessment triggers an “affirmative obligation” for school district to assess. • District mandated to “find” and “locate” children who are suspected of having disabilities that may require special education. • IMPORTANT:A request for special education assessment legally supersedes a Student Study Team (SST) meeting.

17. IDEA Assessment Rights • Parent consent. • Assess in child’s language/mode of communication. • Variety of tools & strategies must be used. • Technically sound instruments. • Qualified professionals. • Independent (outside) assessments must be considered. • Triennial (3 year) assessment, or upon “exit” • Right to request assessment when needed. • Right to review reports in advance.(Reports translated when feasible.) • Right to disagree with assessment.

18. IDEA EligibilityBirth up to age 22*meets at least 1 of 13 eligibility categories: • Autism • Deafness / HH • Deaf-Blindness • Hearing Impairment • Mental Retardation • Multiple Disabilities • Orthopedic Impairment • Other Health Impairment • Serious Emotional Disturbance • Specific Learning Disabilities • Speech or Language Impairment • Traumatic Brain Injury • Visual Impairment / Blindness AND who by reason of their disability needs special education and related services in order to benefit from their education. Determined by the assessments! * or sooner if the student earns a full high school diploma

19. IEP Meeting: Big Questions • Where is student now? Present Levels Of Performance (PLOP) • Where is student going? GOALS/OBJECTIVES • How will student get there? SERVICES & INSTRUCTION • How do we know student made expected progress? MEASUREMENT: What objective DATA tells us. • How and when will progress be reported? PROGRESS REPORTS =ACCOUNTABILITY

20. IEP: Think of it this way! • Special Education is a SERVICE • brought to the student through theIEP • in order to CLOSE THE GAP • between the student’s Present Level of Performance • and the student’s Expected Level of Performance in 1 year.

21. IEP Services The Special Education and Related Servicesthe student needs to: • Make progress toward individualized annual goals. • Make progress in the General Ed curriculum. • Participate in non-academic activities. • Be educated & participate with ALL children. • “Appropriate”program provided,not the “best” program.

22. IDEA Services Examples • Audiology/Interpreter Services • Braille • Counseling Services • Early Identification & Assessment of Disabilities • Medical Services (To determine eligibility) • School Health Services(for health-related needs) • Occupational Therapy • Orientation & Mobility Services • Parent Counseling & Training • Physical Therapy • Psychological Services • Recreation • Rehabilitation Counseling Services • Social Work Services in School • Speech/Language Pathology Services • Transportation • Interpreter Services • Transition Specialist • Vocational Trainer/Counselor And others as needed. ”This is not an exhaustive list.” — US Dept. of Education IDEA and IDEA regulations

23. IEP “Placement” LAST discussion in IEP Meeting • Placement is a “set of services” provided to the student.NOT a PLACE for the student to go! • Protect Least Restrictive Environment (LRE). • Appropriate placement: set of services and setting in which student has a reasonable expectation of meeting IEP goals and making meaningful educational progress.

24. LRE Least Restrictive Environment The IEP must state the extent to which student will or will notlearn with and participate in school with students without disabilities AND WHY. • Strong presumption in law that students with disabilities learn with non-Disabled peers. • Home school. General Ed. Typical classes.

25. IEP Consent • Before agreeing to sign: • Ask for copies of the IEP and other documents • No Requirement to Sign at the Meeting –take them home for careful review. • Document important points stated that are left out of the notes: write and Education Rightsholder Addendum and refer to it when signing.

26. Procedural Safeguards

27. Alternative Dispute Resolution “ADR”: informal means to resolve disputes • Write an effective letter. • Involve key stakeholders/decision-makers: Superintendent; Director of SpEd; school board member • “Facilitated” IEP • School District or SELPA “Solution Teams” or mediation • Complaint at school district level • Office of Admin Hearings “Mediation-Only”

28. IDEA Compliance Complaint • Filed with: California Dept. of Education (CDE) Office of Procedural Safeguards & Referral Services (PSRS)800-926-0648www.cde.ca.gov/sp/se/fp • Parent describes & provides evidence of how school district: - failed to carry out an agreed-to IEP and/or- violated procedural safeguards in IDEA law • File within 1 year of alleged non-compliance. • FYI: Teachers & Staff too may file. There are “whistle-blowing” protections for school district staff in IDEA 2004.

29. Prior Written Notice (PWN) [20 U.S.C. Sec. 1415(b)(3); 34 C.F.R. Sec. 300.503(b); Cal. Education Code Sec. 56500.4.] • When district proposes or refuses to do something that involves the child's identification, assessments, placement, or FAPE.Parent is required to receive PWN. ASK FOR IT! • PWN must include: (1) Description of action proposed or refused. (2) Explanation of why school proposes or refuses to take that action. (3) Each evaluation, procedure, test, report, etc. the school used as a BASIS. (4) Copy of the parent’s rights to challenge the action or inaction. (5) Sources of advocacy assistance for parents. (6) Other options the school considered and why they were rejected. (7) Other reasons for the school’s action or inaction.

30. IDEA Due Process Complaint • Office of Administrative Hearings (OAH) Special Education Division916-263-0880 / 916-263-0890 Faxwww.oah.dgs.ca.gov • Administrative Hearing or “Mediation only”When Parent & School District have disagreements about: • whether student is eligible for special education; • IEE • whether the IEP offered provides Free and Appropriate Public Education (FAPE):type, intensity, frequency or location of services. • Must file within 2 years of alleged complaint

31. 504: Civil Rights Discrimination Complaint • Filed with: Office for Civil Rights (OCR)San Francisco is Regional Office415-486-5555 / 877-521-2172 TDD www.ed.gov/about/offices/list/ocr/index.html • Complaint alleges:Education institution that receives Federal financial assistance has discriminated against student on the basis of his/her disability: educational opportunity is not commensurate with non-disabled peers (“level playing field”). • File within 6 months of alleged violation.

32. Resource Links • DREDF: www.dredf.org • DOWNLOAD DREDF Training Materials!!!dredf.org/special_education/trainings.shtml • SPECIAL EDUCATION RIGHTS & PROCESS (CA specific): • “Special Education Rights & Responsibilities”www.disabilityrightsca.org/pubs/504001SpecEdIndex.htm • Special Education Law and issues: www.wrightslaw.com

33. Call to ask for an “Education Advocate” ! Phone 510.644.2555 Toll Free 800.348.4232 Fax 510.841.8645 Email iephelp@dredf.org Website www.dredf.org Facebookwww.facebook.com/dredf.org