the family driven iep basics by state and federal law, schools must provide special help to eligible...
TRANSCRIPT
Take Aways
• Understanding of the special education laws and
policies pertaining to the IEP and how they can
intersect with family driven policies
• How to apply and promote a family driven
approach that ensures their involvement during
the evaluation, development of the IEP, and
implementation.
• A toolkit to use in the future to expand roles and
success for families as the most important person
on their child’s team!MHTA ~ 2017 2
The Basics
By state and federal law, schools must provide special help to eligible children with disabilities.
• Special education is instruction that is specially designed to meet the unique needs of a student with a disability.
• This means education that is individually developed to address a specific student’s needs that result from his or her disability. Since each student is unique, it is difficult to give an overall example of special education. It is individualized for each student.
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IDEA
• Part A - General Provisions
• Part B - Assistance for Education of All Children with Disabilities
• Part C - Infants and Toddlers with Disabilities
• Part D - National Activities to Improve Education of Children with Disabilities
IDEA is divided into four
parts:
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Approaches to Special
Education
• There are many approaches to
educating a student that are used.
– Special instruction;
– Putting them in a special class all or
part of the day;
– An aid or other support service;
and/or
– Accommodations or modifications to
their program.
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Multi-Step Process
Identification
Evaluation
Eligibility
IEP
Services
Update
Re-evaluate
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Identification
• The Individuals with Disabilities Education Act
includes the Child Find mandate. Child Find
requires all school districts to identify, locate and
evaluate all children with disabilities, regardless of
the severity of their disabilities. This obligation to
identify all children who may need special
education services exists even if the school is not
providing special education services to the child.
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How to Refer
• There are two primary ways in which
children are identified as possibly
needing special education and
related services: the system known
as Child Find (which operates in
each state), and by referral of a
parent or school personnel.
Referrals• Child Find. Each state
is required by IDEA to
identify, locate, and
evaluate all children with
disabilities in the state
who need special
education and related
services.
• Referral or request for
evaluation. A school
professional may ask
that a child be evaluated
to see if he or she has a
disability.
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Integrating a Family Driven Process
• Referrals can come from families or anyone else
involved in their child’s education.
• If families are approached by someone to receive
permission to evaluate the child, they can ask for
documentation regarding the purpose or evidence
for the referral.
• If families wish to refer their child, programs
should offer templates they can use to refer in
writing
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The Evaluation Process
• Be completed by trained and knowledgeable persons;
• Include all areas related to a suspected area of disability;
• Include more than just one test or assessment procedure;
• Use the child’s native language; and
• Not discriminate because of the child’s or youth’s race or culture.
The evaluation
must:
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The Evaluation Process
The family or a member of the
school staff may make the request for an
evaluation.
The school must get
permission to evaluate the child or youth
from the family in writing for the first evaluation.
Includes information that
the family provides to the
team, assessments
(tests), medical concerns, and interviews with the family and
school staff who know the child or youth.
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Integrating
a Family
Driven
Process
DoDo the evaluation in the environment where they spend most of their time at school.
LetLet them know when, where, and how the child or youth performs best.
Ask Ask what time of day they will be evaluating.
ParticipateParticipate in the decision to select the right tools
Review Review the evaluation tools ahead of time
AskAsk about the tools that will be used for evaluation.
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Integrating a Family Driven Process
• You want the test to be in the most normalized environment as possible.
• Testing should highlight the issues and needs of the student during a normal school day.
• This helps ensure that when, where, how, and what the student is taught through special education will be most beneficial.
Keep in
mind:
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Eligibility
• The term "child with a disability" means a child—
– (i) with intellectual disabilities, hearing impairments (including
deafness), speech or language impairments, visual
impairments (including blindness), serious emotional
disturbance (referred to in this chapter as "emotional
disturbance"), orthopedic impairments, autism, traumatic brain
injury, other health impairments, or specific learning disabilities;
and
– (ii) who, by reason thereof, needs special education and related
services.
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Eligibility- Child aged 3 through 9
• (B) The term "child with a disability" for a child aged 3 through 9
(or any subset of that age range, including ages 3 through 5), may,
at the discretion of the State and the local educational agency,
include a child—
– (i) experiencing developmental delays, as defined by the State
and as measured by appropriate diagnostic instruments and
procedures, in 1 or more of the following areas: physical
development; cognitive development; communication
development; social or emotional development; or adaptive
development; and
– (ii) who, by reason thereof, needs special education and related
services.
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Determining Eligibility
The results from the evaluation will help to decide if the student needs special education services and will show what kind of services may help.
If a family disagrees with the results or the school’s decision regarding what services the child or youth needs the family can ask that
another evaluation be done by someone who does not work for the school. This is called an
Independent Educational Evaluation (IEE).
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Integrating a Family Driven Process
Families and their other designated attendees should be a part of the determination process.
Families should be advised ahead of time what the results of all tests and evaluations and other input will be used as determining criteria.
Ask to be notified ahead of the meeting regarding your child’s eligibility.
Families should know ahead of time what their rights are, should they disagree with the eligibility determination.
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The IEP… Individualized Education Planning (IEP) team must meet to write an Individualized Education Plan (IEP)
• Families, children, and youth are important members of this team
• The IEP is the written “contract” that will drive, measure, and monitor all educational services
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Integrating a Family Driven Process
• Families can do several general things that will help
them be a major player in this process. This might
include:
– Writing down questions; call the school and ask them before
anything is done.
– Ask about the process, such as about the timeline and when it
will be complete.
– Ask for a copy of the evaluation results at least 3 days before
the IEP Meeting.
– Do not sign the IEP until you are sure…
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The IEP Team
A number of people should
be invited to the IEP meeting. This group is called the IEP
team.
• The family and significant others
• The child or youth
• The child’s or youth’s regular education teacher
• The child’s or youth’s special education teacher or special education provider
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The IEP Team, continued
More Team Members
• A person from the school district who is qualified to provide or supervise special education
• Someone who understands what the evaluation means and can talk about it
• Others that the family or the school invites because they know the child or youth and can assist in planning for their educational needs
• Anyone of the family choice, such as a friend, an advocate, or service provider
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Integrating a Family Driven Process
1
Do everything possible to not go alone.
2
Ask someone who is a strong advocate for your child or youth to go with you.
3
Make sure the rest of the team knows who you will be bringing with you.
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The IEP Meeting
• After a child is found eligible for special
education and related services, a meeting
must be held to develop to the IEP. The school
system must notify the child’s parents of when
and where the meeting will take place, so they
have the opportunity to attend and participate.
www.parentcenterhub.org
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Integrating a Family Driven Process
• Insist the meeting be held at a time and place convenient for the family and their invitees.
• Know state law regarding the timeline of when the IEP meeting must take place.
• The family is seated at the head of the table to encourage recognition of their role.
• IEP and placement meetings, mediation meetings, and due process (IEP) resolution sessions may be convened by conference calls or videoconferences.
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This Photo by Unknown Author is licensed under CC BY-NC-ND
Developing a Plan
The school must set up a meeting to discuss the results of the evaluation and develop a plan on how special services should be used to assist the child or
youth learn.
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The IEP Plan
• The child’s present levels of academic achievement and
functional performance, describing how the child is currently doing
in school and how the child’s disability affects his or her
involvement and progress in the general curriculum
• Annual goals for the child, meaning what parents and the school
team think he or she can reasonably accomplish in a year
• The special education and related services to be provided to the
child, including supplementary aids and services (such as a
communication device) and changes to the program or supports
for school personnel
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The IEP Plan
• How much of the school day the child will be educated separately
from nondisabled children or not participate in extracurricular or
other nonacademic activities such as lunch or clubs (called extent
of nonparticipation)
• How (and if) the child is to participate in state and district-wide
assessments, including what modifications to tests the child
needs
• Service delivery details, such as when services and modifications
will begin, how often they will be provided, where they will be
provided, and how long they will last
• How school personnel will measure the child’s progress toward
the annual goals.
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Related
Services
Those services a
child with a
disability needs in
order to benefit from
special education.
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• Can consist of:
– An individualized curriculum and
setting that is different from that of
same-age, nondisabled peers;
– The same (general) curriculum and
setting as that for nondisabled
peers, with adaptations or
modifications made for the student;
or
– A combination of these elements.
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Modifications
• Usually a
modification
means a change
in what is being
taught to or
expected from the
student.
Sample
• Making an assignment easier so the student is not doing the same amount of work as other students
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Accommodations
• An
accommodation
is a change that
helps a student
overcome or work
around the
disability.
Sample:
• Allowing a student who has trouble writing to give his answers orally
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Take Note!
If you do not sign the IEP in favor of or against…
In most states, if a parent choses not to sign the IEP at the conclusion of an IEP meeting, nothing will be implemented for 14 days to allow for time to review and request changes if desired or to request a due process hearing if needed. If parent does not sign, on the 15th day following the meeting, the services will be implemented (assuming it is not an initial).
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Integrating a
Family Driven
Process
Discuss environments outside of the classroom; playground, library, lunchroom, class trips, extracurricular activities, bus, music, and even extra curricular activities such as sports.
Special consideration for these environments MUST be listed in the IEP in order to occur.
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Integrating a Family Driven Process
Make sure you understand
EVERYTHING
Make sure you are clear on the “how”.
Be practical
3
Negotiate
Use a checklist
4Use the laws
that are in place
Assume NOTHING!!!
Providing Services
• Services within the education system is provided according to the IEP.
• The IEP serves as a “contract” that outlines the requirements of the school in relation to a free and appropriate public education.
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Re-evaluations and Annual IEP Meetings
and Plans
If a child or youth is receiving special education services through an IEP, they must be re-evaluated to determine if there is still a need
for special education, and to address any new needs that arise not more than once a year, unless the family and the school district
agree that one is needed.
The family and student will meet with the IEP team at least once per
year to discuss progress and include all new goals or services
into the IEP plan.
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Due Process
This Photo by Unknown Author is licensed under CC BY-SA
Special Education Rights for Families
Under Federal and state laws, families have the right to:
– Have their child assessed;
– To disagree (On the evaluation, eligibility, the IEP, the
program, and the outcomes);
– To be part of the team;
– To help write the IEP;
– To think about it; and
– To change the world by changing the laws.
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Disagreements
Sometimes the family or student do not agree with the decisions at the schools regarding special education. This might include disagreement on:
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▪ The results of the
evaluation
▪ The eligibility for special
education
▪ The IEP Plan
▪ The IEP process
▪ The program or goals
and objectives
▪ The placement
▪ The amount of
services
▪ The outcomes of the
education efforts
Due Process
• If a family believes that their child’s or youth’s rights are
being violated because they are not receiving the
services they need or the services they receive are
inappropriate, they can follow a procedure called “due
process”.
• The school must provide information on how to activate
due process.
• Due Process is not to be used lightly…
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Integrating a
Family Driven
Process
Get a professional advocate.
Negotiate.
Get everything in writing.
Postpone completion and come back at a later date.
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When Things Go Bad…
• IEP meetings are often an emotional time for families. The schools stand by strict rules and regulations and families may disagree with their decisions or direction.
• Take a break. Walk outside.Call your mom.
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Be Purposeful
Approach the IEP like any other planning meetingApproach
Understand the process, intent, and potential outcomesUnderstand
Know your rights and responsibilitiesKnow
Gather information to participate as informed member of the teamGather
Practice good participation and communication skillsPractice
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Stay in Charge
Never tell a school, or anyone else, that you plan to sue them. Litigation is the last resort.
Try other strategies to resolve disputes with the school. Do not initiate a due process hearing until they have exhausted other ways to resolve their problem. -
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Staging
• Some families hope their child does poorly on tests so they can get the help they need. They may:
• Encourage the school to do the testing at a time and place when they know the student will perform poorly.
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