what every educator should know about special education law
TRANSCRIPT
What Every Educator Should Know About Special Educa8on Law
Monday, November 7, 2016
Presented by
Beverley H. Johns, M.S. Professional Fellow, MacMurray College
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Beverley H. Johns, M.S.
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Bev Johns has over 35 years experience in special educaDon in the public schools in Illinois. She ran a public school for children with the most significant behavioral disorders in west central Illinois and provided consultaDon to local school districts. She is now a Professional Fellow at MacMurray College in Jacksonville, Illinois, and is a learning and behavior consultant. She has chaired legislaDve commi@ees for a number of professional organizaDons and was the recipient of the 2000 Outstanding Leadership Award of the Council for ExcepDonal Children.
Ignorance is not bliss � Failure to know the laws and regulations � Faking your knowledge of the information � Staying current
Resources � Having an actual copy of the laws and regulations � Knowing how to access electronically � Checking it out yourself � Engaging in Professional Development and Organizations
� Keeping current—blogs electronic newsletters
Alphabet Soup: How Many of These Acronyms Do You Know? � FAPE � IDEA � FERPA � BIP � LRE � ADA � CAP
Laws and RegulaDons
Court Cases, OSEP letters
State Laws and Regulations
Federal Laws and Regulations—IDEA, Section 504 of the Rehabilitation Act of 1973, ADA, FERPA
Which of these components are included in SecDon 504 or IDEA � Thirteen Different Types of Disabilities � Comparable Education � IEP � Birth-‐Death
It’s Like Cherry Pie
Roles and ResponsibiliDes of IEP Team Members � Evaluator � Required IEP team member and contributor � Implementer � Identifying supports needed � Monitor
Areas of concern � NO such things as unilateral action in special education
� The IEP process must be followed—placement, accommodations, behavior intervention plan, parental involvement
Beware! � Failure to evaluate � Knowledge of or suspicion of disability � Implications of RTI � Failure to recognize independent evaluations � Multidisciplinary evaluation � Ignoring the timelines for an evaluation
OSEP LETTER—JANUARY 21, 2011 � “A Response to Intervention (RTI) Process Cannot Be Used to Delay-‐Deny an Evaluation for Eligibility under the Individuals with Disabilities Education Act (IDEA)”
One Size Doesn’t Fit All � Failure to individualize for the specialized needs of the child
� The I in the IEP � Computerized IEPs may be wonderful but be careful that they are individualized. Be alert to problems with checklists.
� Specially designed instruction � Individualized PLAAFP and goals and objectives and placement
Special EducaDon—meeDng the individualized needs of the child
Specialized Instruction
• Specialized instruction delivered by the special educator based on a thorough assessment
• Remediation and compensation
• Related Services
Differentation in the General EducationClassroom
• Delivered by the General Educator
Accommodations/Modifications
Delivered within the general education
classroom Responsibility of the classroom teacher and the special education
teacher
Four Prong Test for LRE 1. Will the student derive educational benefit from the
placement considered? 2. Will the student derive non-‐educational benefit from the
placement. The examples used within the case were friendships, improved self-‐confidence, and excitement for learning.
3. Will there be detriment because the student is disruptive, distracting or unruly, and would the student take up so much of the teacher’s time that the other students would suffer from lack of attention?
4. What is the cost of the proposed placement? Will the placement burden the school district’s funds or adversely impact services available to other children ?
� Sacramento City Unified Sch. Dist. Bd. Of Educ. V. Rachel H., 20 IDELR 182 (9th Cir. 1994)
Clyde K. and Sheila K. individually and as guardians for Ryan K.v Puyallup School District , 21 IDELR 664, September 13, 1994) � Ryan’s disruptive behavior kept him from learning. He has an “overwhelmingly negative effect on teachers and other students.”
CollaboraDng with Families � Recognize the needs of the family and the impact of the disability
� Recognize their expertise � Recognize their positive actions � Respect their right to disagree � Link them to other available services � Seek their input—homework evaluation sheets, being careful with home notes—let the parent know what happened at school that day
Two Truths and a Lie One of these statements is a lie. Which one? 1. If the parent can only attend an IEP on Saturday, then the school district must schedule the meeting on Saturday. 2. Under certain circumstances, the school can hold an IEP if the parent can’t attend. 3. Parental concerns must be addressed at the IEP.
CollaboraDon—the IEP is a Team Effort
There is No Such Thing as Unilateral AcDon in Special EducaDon � Right or Wrong! � The principal decides the testing accommodations � The teacher changes the time the student sees the speech and language pathologist
� The teacher sends a student home for the rest of the day because of the student’s behavior
The IEP � The student—background, evaluation results, strengths
� Present levels of achievement and functional performance—MOO terms
� Goals and where appropriate objectives
� Where and how can these be met?
Are these statements wri@en in Moo terms?
� Dakota is truant � Kiara can’t read � Blaine has weak math skills
The Lingo of Behavior IntervenDons � BIP � FBA � MD � PBIS � SWPBIS � ABC
Appropriate Behavior IntervenDons � BIP required when behavior interferes with learning � BIP based on FBA � Monitoring days of suspension
“I didn’t see it happen.” � Failure to provide adequate supervision. � Issues with para-‐educators. The teacher is ultimately responsible for the education of the students in his or her class.
� Issues with bullying—pump up supervision, don’t ignore aggression
� Sometimes we don’t want to see things that happen. � Field trips, hallways, cafeteria, recess, technology
Remember: If it isn’t wri@en down, it wasn’t done!
Wri@en documentaDon Event
happens or request made
Oral followed by writing—Proof of action
Stranger test-‐-‐
portability Objectivity
Record—anything
shared with anyone
FERPA � Temporary records vs. Permanent Records � Private files—anything shared is a record � Destruction of records � Parent has the right to the records � Records custodian
Is This a Permanent Record or a Temporary Record? � Grades � Special Education Evaluations � 504 plan � Basic identifying information such as birth date � Special education classes taken
PresenDng a PosiDve Image � Check and recheck anything sent to someone else � Share only with those who need to know � Avoid any negative statements about the profession and individual children
Two Truths and a Lie Which one is the lie? 1. Off duty conduct can be considered when determining whether an individual should be reemployed. 2. What an employee posts on Facebook is no business of the school district. 3. Educators are not always protected by the Constitution’s First Amendment of freedom of speech.
Our role in moving forward � Are we keeping abreast of new laws and regulations? � Are we putting the needs of our students first? � Are we effective collaborators?
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