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Background and ResourcesIssues, legal analysis, and practice tipsProper consideration of speech and language services.Proper implementation of speech and language in the IEP.Proper utilization of licensed staff in providing speech and language services.Proper use of required procedures when cha
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1. Speech & Language Leadership & PST Meeting Fall 2011
Christina Spector
Christina.spector@dpi.wi.gov
2. Background and Resources
Issues, legal analysis, and practice tips
Proper consideration of speech and language services.
Proper implementation of speech and language in the IEP.
Proper utilization of licensed staff in providing speech and language services.
Proper use of required procedures when changing the childs IEP without holding an IEP team meeting.
Proper determination the child was no longer eligible for special education (speech and language)
FAPE and LRE for a deaf student
Time for questions?
Agenda October, 2011
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3. How does DPI weigh in on issues in special education?
Guidance
Communications to the field
Program areas
Special Education Team Index
DPI Forms and other Technical Assistance
Bulletins
Monitoring
Mediation
Complaints
Due Process/Hearings Background and Resources October, 2011
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4. July, 2011 4
5. July, 2011 5
6. July, 2011 6
7. July, 2011 7
8. Bulletins 8
9. July, 2011 9
10. July, 2011 10
11. July, 2011 11
12. July, 2011 12
13. Proper consideration of speech and language services.
Proper implementation of speech and language in the IEP.
Proper utilization of licensed staff in providing speech and language services.
Proper use of required procedures when changing the childs IEP without holding an IEP team meeting.
Proper determination the child was no longer eligible for special education (speech and language)
FAPE and LRE for a deaf student Speech and Language IDEA Complaints and Due Process decisions October, 2011 13
14. Consideration of speech and language services Legal Analysis In developing each childs IEP, the IEP Team must consider the concerns of the parents in enhancing the education of their child. October, 2011 14
15. Practice Tips
Consider any and all information provided by the parent at an IEP team meeting. Evidence of consideration includes an open-ended conversation without a pre-determined outcome and documentation of consideration. If the IEP team doesnt agree with a parent request, consider using Model Form M-1.
Medical providers cant prescribe special education. Consideration of speech and language services October, 2011 15
16. Implementation of speech and language in the IEP Legal Analysis The school district must provide FAPE to each student with a disability by developing a program that meets the students unique needs, documenting that program in the IEP, and implementing the program articulated in the IEP. October, 2011 16
17. Practice Tips
Communicate with parents and other IEP team members
Know your responsibilities and provide them consistently
Write your services as clearly as possible
Resource: Bulletin 10.07 Implementation of speech and language in the IEP October, 2011 17
18. Utilization of licensed staff in providing speech and language services Legal Analysis DPI licensing requirements for SLPs are a Masters level SLP.
October, 2011 18
19. Practice Tips
Begin posting for anticipated staffing vacancies as soon as possible.
Work with DPI to ensure staff is properly licensed.
If non-speech language staff are working under an emergency license, its a good idea to have them regularly supervised by someone who is properly licensed.
Utilization of licensed staff in providing speech and language services October, 2011 19
20. Legal Analysis
IEP teams determine placement in WI.
In making changes to a childs IEP after the annual IEP team meeting for a school year, the parent and the LEA may agree not to convene an IEP team meeting for the purposes of making those changes and instead may develop a written document to amend or modify the childs current IEP. When making changes to a childs IEP without an IEP team meeting, the LEA must ensure the childs IEP team is informed of those changes. The LEA must also provide the childs parent a copy of the childs revised IEP.
Changing the IEP without holding an IEP team meeting
21. Practice tips
Make sure all placement determinations are made at IEP team meetings.
Use alternative methods to ensure parent participation if necessary.
If you make changes to an IEP without a meeting, make sure staff responsible for implementation know about the changes.
Make sure parent(s) receive proper notice as required by law.
Changing the IEP without holding an IEP team meeting October, 2011 21
22. Legal Analysis
Prior to dismissal, review existing evaluation data and determine if additional testing is needed. Conduct additional assessments, if needed. Have an IEP team meeting to review existing and new assessment information in all areas related to the suspected disability. Offer parents proper notice regarding involvement and consider any information they provide. Carefully document consideration of eligibility criteria as an IEP team and provide copies to parents.
As long as the parent has the legal authority to make educational decisions for the child, the local educational agency (LEA) must accept either parents consent. The LEA must ensure both custodial parents are afforded an opportunity to participate in the evaluation and placement process, and that both custodial parents receive proper notice of decisions regarding their childs education. Eligibility determinations October, 2011 22
23. Practice tips
Make sure you know who has educational decision making authority for the child and give all of those people proper notice.
Bulletin 10.01
Always follow proper procedural guidelines related to evaluation, consideration of eligibility, and dismissal.
Consider information in all areas of suspected disability.
Be thoughtful about how you document IEP team decisions.
Eligibility determinations October, 2011 23
24. FAPE & LRE Legal Analysis-FAPE (1) whether there has been compliance with the IDEAs procedural requirements; and
(2) whether the IEP is reasonably calculated to provide educational benefits.
October, 2011 24
25. FAPE & LRE Legal Analysis- Special Factors IEP teams must consider special factors with regard to children who are deaf or hearing impaired when developing IEPs for those children. October, 2011 25
26. FAPE & LRE Legal Analysis-LRE
To the maximum extent appropriate, children with disabilities are to be educated with children who are not disabled, but more restrictive placements are allowed 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.
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27. Practice Tips
Keep the I (Individualized) in IEP
The tension in the law is purposeful
Document, document, document
FAPE & LRE October, 2011 27
28. Questions?
October, 2011 28