Special Education: The Role of Pediatricians in Ensuring Appropriate Educational Services

1. By Christina D. Ghio, Esq. The Law Office of Christina D. Ghio, LLC Special Education: The Role of Pediatricians in Ensuring Appropriate Educational Services

2. Disclosure • I or my spouse/life partner do/does not now or in the past 12 months have a financial relationship with manufacturers of products or providers of services or with any medically related commercial interest relevant to this planned educational activity.

3. Goals for Today! • Basic Understanding of the IDEA Process • Basic Understanding of IDEA Requirements • How You Can Help Parents Obtain Special Education Services

4. What is IDEA? • The Individuals with Disabilities Education Act (IDEA) is a federal law requiring that children with disabilities receive a free appropriate public education (FAPE)

5. Basic Process of IDEA Referral Evaluation Identification Services

6. Referral – Who Can Refer? • Parents, physicians, clinics, or social workers may make a referral for evaluation • School must accept and process the referral • All referrals should be in writing

7. Referral – When to Refer • Poor attendance (including truancy) • Repeated suspensions • Unsatisfactory behavior • Unsatisfactory progress in school • Difficulties with/withdrawal from social engagement

8. Referral – What You Can Do • Screen and identify developmental delays and refer to Birth to Three or school district for further assessment • Know when children should be referred for initial evaluation and make the referral • Document areas of suspected disability and be specific about areas of concern

9. PPT • Decisions are made by the Planning and Placement Team (PPT) • Membership of PPT specifically defined by IDEA and includes parents and, if appropriate, child

10. Evaluation IDEA establishes procedures for evaluation: • all areas of suspected disability • multidisciplinary • determined by PPT • consideration of existing information/data • comprehensive • Parental consent required for initial and re-evaluation

11. Evaluation • Parents can bring in evaluative information • Right to an Independent Educational Evaluation (IEE)

12. Evaluation – What You Can Do • Help parent identify appropriate areas for assessment • Help parent convey concerns to the PPT • Write letter documenting specific areas of suspected disability that should be assessed • Participate in the PPT

13. Identification • Categories of disability identified in IDEA • Mental retardation • Hearing impairment • Speech and language impairment • Visual impairment • Serious emotional disturbance • Orthopedic impairment

14. Identification • Categories of disability identified in IDEA (continued) • Autism • Traumatic brain injury • Other health impairment • Specific learning disability • Deafness • Blindness • Multiple disabilities

15. Identification-What You Can Do • Understand Eligibility Criteria • Understand the categories of eligibility • Direct parents to appropriate resources to educate themselves • Participate in or write letter to PPT

16. Provision of Services • Individual • Based on child’s needs as determined by the PPT

17. Individualized Education Program - IEP • IEP must be developed and implemented within forty-five school days of date of referral (excluding time for parental consent) • must include a statement of the special education, related services, supplementary aids and services, modifications and supports for school personnel to enable the child “to advance appropriately toward attaining annual goals”

18. IEP (continued) • Must allow child “to be involved in and make progress in the general education curriculum and to participate in extracurricular and other non-academic activities” AND • “to be educated and participate with other children with disabilities and nondisabled children . . .”

19. Services – What You Can Do • Know that services are based on needs of the child • Articulate what specific services the child needs in order to progress educationally • Related Services • Supplementary Services • Document your recommendations • Participate in the PPT

20. Homebound and Hospitalized Instruction • Districts are required to provide education when a child is unable to attend school due to a verified medical reason (including mental health issues) • Starting no later than the 11th day • Significant changes to regulations effective July 1, 2013

21. Homebound and Hospitalized Instruction • Physician must provide a statement to the board on a form provided by the board stating: • You have consulted with school health supervisory personnel and determined that attendance with reasonable accommodations is not feasible; • Child is unable to attend school due to a verified medical reason; • Child’s diagnosis with supporting documentation; • Child will be absent from school for at lest 10 consecutive days OR absent for short, repeated periods of time throughout the school year; • Expected date of return to school

22. Homebound and Hospitalized Instruction – Medically Complex • Medically complex means a child who: • Has a serious, ongoing illness or chronic condition for at least one year; and • requires prolonged or intermittent hospitalization and ongoing medical treatments or medical devices to compensate for the loss of bodily functions

23. Homebound and Hospitalized Instruction – Medically Complex • PPT must consider the educational needs of the child and the need for instruction to be provided in accordance with the IEP when the child can not attend; • Must make accommodation for child’s educational program moving from school to home/hospital and back • Must begin no later than the 3rd day

24. Homebound and Hospitalized Instruction - Disputes • Schools can dispute whether the student requires homebound/hospitalized instruction • School’s “medical advisor” or “other health professional” reviews the information submitted; • Parent must provide consent for consultation • If disagreement after consultation, school may offer review by a qualified independent physician

25. Homebound and Hospitalized Instruction • What happens if parent doesn’t want child assessed by independent medical practitioner? • Homebound/hospitalized instruction ends • Board and Parent have a right to pursue due process hearing and/or mediation

26. Behaviors and School Discipline • If behavior impedes the child’s learning or that of others, the PPT must consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior

27. Behaviors and Discipline • In general, child with a disability may be removed for violation of code of student conduct for 10 days or less • If removal is for more than 10 days OR the child is subjected to a series of removals that constitute a pattern, this constitutes a change in placement and school must conduct a manifestation determination review

28. Behavior – What You Can Do • Encourage parent to request a PPT • Encourage parent to request FBA • Remember IEE is available for FBA • Help parents identify positive behavioral interventions and supports • Make recommendations for BIP • Encourage parent to request manifestation determination review (MDR), when required • Participate in PPT and/or MDR

29. Review – How You Can Help • Know how “education” is defined • Know when to refer • Write letters • Participate in PPT meetings • Know parents’ rights and when parents should contact an advocate or attorney

30. No Cost or Low Cost Legal Services • Connecticut Legal Services (800-453-3320 or 860-344-0380) • Greater Hartford Legal Aid (860-541-5000) • New Haven Legal Assistance(203-946-4811) • Office of Protection and Advocacy (860-297-4300) • Center for Children’s Advocacy TeamChild Project (860-570-5327)

31. For more information: Christina D. Ghio, Esq. The Law Office of Christina D. Ghio, LLC P.O. Box 186 Cheshire, CT 06410 Ph. 860-580-9443 Ph. 203-439-06956 Fax 860-516-1550 Email: christinaghio@ctchildlaw.com Web: www.ctchildlaw.com