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Special Education Services and Least Restrictive Environment

Special Education Services and Least Restrictive Environment. Dr. Christine Winiarski Megan Marie Van Fossan M.A., M.Ed. Overview. What is Special Education? PA Special Education Regulations Overview of Least Restrictive Environment What does it mean for students in:

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Special Education Services and Least Restrictive Environment

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  1. Special Education Services and Least Restrictive Environment Dr. Christine Winiarski Megan Marie Van Fossan M.A., M.Ed.

  2. Overview • What is Special Education? • PA Special Education Regulations • Overview of Least Restrictive Environment • What does it mean for students in: • Juvenile Justice Facilities • Residential Treatment • Shelter Programs • Therapeutic Foster Care

  3. Making the Right Educational Decisions for Students with Disabilities • What is the role of the facility or provider? • Why is this important? • The goal and purpose of special education • Minimizing impact of disability • Maximizing opportunities to participate • Interventions & access- most important decisions of IEP

  4. History • 1972-PARC Consent Decree Challenged the education of mentally retarded students in PA • Agreement to provide educational services to all children • Has to be free, appropriate public education • No definition for what that means

  5. History • 1975 – Public Law 94-142 • First federal law dealing with special education • Modeled after the PA scheme • No major changes for PA

  6. History • 1988 – Protection for All Handicapped Children Act • 94-142 amended to provide for attorney’s fees for prevailing party • Only for parents • No meaningful substantive changes

  7. History • 1997-IDEA • 1st meaningful substantive changes in 22 years • Reauthorization in 2004 and 2007 • Requires all children with disabilities that qualify to receive a free, appropriate public education • Special education • Related services

  8. Special Education Regulations in PA • Chapter 14 of the PA Code

  9. PA Chapter 14.102 says: • Ensure that children with disabilities: • Have access to general curriculum • Participate in state and local assessments • Are educated to maximum extent appropriate with nondisabled peers • Provided supplementary aids and services to do so

  10. IEP Team • How is a child’s program determined? • All decisions regarding FAPE are made by the IEP Team • Who is on the team? • Parents • Special ed teacher • Regular ed teacher • LEA representative

  11. PA Chapter 14 and the Ramifications of Gaskins Settlement Agreement • Placement • Team must first consider regular classroom with supplementary aids and services before considering services in another setting

  12. IEP Team • The IEP Team is the decision maker under IDEA • Responsible for developing, reviewing and revising an IEP • There are no individual decisions

  13. IEP • What does IEP Team decide? • What special education and related services the child needs to receive FAPE • Once decision is made, all services are written in IEP • Once services are in IEP, school district must ensure child receives those services • contract

  14. Least Restrictive Environment • What is the role of the facility or provider? • What does it mean for students in: • Juvenile Justice Facilities • Residential Treatment • Shelter Programs • Therapeutic Foster Care

  15. Behavior Management • Who requires a behavior intervention plan? • A child who has behavior difficulties that interfere with learning • Must be POSITIVE interventions and supports • Developed by the IEP Team • Set forth in a written plan

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