Education for Students with

Disabilities:

The Basics

Education for Students with

Disabilities:

The Basics

• Unique alliance of people with disabilities and parents of children with disabilities.

• National law and policy center dedicated to protecting and advancing disability civil and human rights.

• VISION: a just world where all people live full and independent lives free of discrimination.

• Disability rights are civil rights.

• Information is power! Children with disabilities who have consistent, knowledgeable advocates are most likely to receive appropriate services & supports!

DREDF Children & Family Advocacy:

• Parent Training and Information (PTI) Center for Alameda, Contra Costa & Yolo.

• Foster Youth Resources for Education (FYRE) for Alameda County.

• Legal advocacy and representation in cases involving systemic abuses.

• Educate legislators and policy makers on issues (such as IDEA, ADA) affecting the rights of people with disabilities.

Laws that protect students with disabilities:

Laws that protect students with disabilities:• “504”

Section 504 of the Rehabilitation Act of 1973

• “IDEA”Individuals with Disabilities Education Act

“504”

Section 504 of the Rehabilitation Act of 1973

“504”

Section 504 of the Rehabilitation Act of 1973

• Federal Anti-Discrimination Law.

• Protects ALL PEOPLE with a disability that impairs one or more major life activities (learning is one).

• Prohibits discrimination in ANY program that receives federal dollars.

• Provides Accommodations to remove discriminatory barriers.

• In education, “504 Plan” removes barriers to learning and opportunities.

Section 504Section 504

Leveling the playing field

• A student is entitled to a Free and Appropriate Public Education (FAPE)

• A 504 Plan is designed to reasonably accommodate the student’s condition so that his/her needs are met as adequately as the needs of students without disabilities.

Section 504Section 504

504 Accommodations504 AccommodationsINDIVIDUALIZED to create equal access and

equal opportunity and remove discriminatory barriers.

For example:.

• Time: More time to complete assignments; Frequent breaks

• Environment: Quiet setting; Preferred seating, Elevator key

• Health: Help with glucose testing; Nut-free lunch table

• Assistive Technology (AT): Computer access; FM system, Pencil grip

504 & IDEA Relationship504 & IDEA Relationship

IDEAeligible

ALL students

504 eligible

Students eligible for Special Education under IDEA are protected by 504 and IDEA.

A Student receiving special education may also need accommodations to prevent discrimination

“IDEA”

Individuals with Disabilities Education Act

(Special Education)

“IDEA”

Individuals with Disabilities Education Act

(Special Education)

• A Federal Education Law / 1975

• For students who fit at least 1 of 13 categories of disability.

• Who also need specialized support and instruction to benefit from education.

• Provides an “IEP”: Individualized Education Program- specialized instruction- supportive related services- Individualized to meet unique needs.

IDEAIDEA

US Congress says:

• Disability is a natural part of the human experience.

• Disability in no way diminishes the right of individuals to participate in or contribute to society.

• Improving educational results for children with disabilities is an essential element of our national policy.

• An education to meet unique needs AND prepare student for further education, employment, and independent living.

IDEA PurposeIDEA Purpose

IDEA 6 Core PrinciplesIDEA 6 Core Principles

1. Appropriate Evaluation/Assessment

2. Free & Appropriate Public Education (FAPE)

3. Individualized Education Plan (IEP)

4. Least Restrictive Environment (LRE)

5. Parent (and student as appropriate) participation in the decision-making process

6. Procedural Safeguards

Cycle of Special EducationCycle of Special EducationReason for Concern / Dx

Request Assessment in writing!!!

District provides “Assessment Plan” within 15 calendar days

Assessment +

IEP Meeting: within 60 days of parent signing Assessment Plan

Appropriate Placementdetermined

“PLOP”, Goals, Individualized

Instruction and Services determined

Team meets to review IEP annually(Can write to request more often)

Implement IEP

“Informed consent”Parent may take at least 15 calendar days for questions (if needed) before signing

IDEA AssessmentIDEA Assessment

• Parent (or others) WRITE to request Special Education assessment.

• DREDF has sample “Request for Assessment” letter.

• SAFEGUARD: If parent asks verbally, district is obligated to help put request in writing.

• Comprehensively assess child “in all areas of suspected disability” to determine need for special education.

• TIP: Ask for “504 assessment” too in case child does not qualify under IDEA and to tighten up the timeline.

IDEA “Child Find”IDEA “Child Find”• A written request for special education

assessment triggers an “affirmative obligation” for school district to assess.

• District mandated to “find” and “locate” children who are suspected of having disabilities that may require special education.

• IMPORTANT: A request for special education assessment legally supersedes a Student Study Team (SST) meeting.

IDEA Assessment RightsIDEA Assessment Rights• Parent consent.

• Assess in child’s language/mode of communication.

• Variety of tools & strategies must be used.

• Technically sound instruments.

• Qualified professionals.

• Independent (outside) assessments must be considered.

• Triennial (3 year) assessment, or upon “exit”

• Right to request assessment when needed.

• Right to review reports in advance.(Reports translated when feasible.)

• Right to disagree with assessment.

IDEA EligibilityBirth up to age 22*

meets at least 1 of 13 eligibility categories:

IDEA EligibilityBirth up to age 22*

meets at least 1 of 13 eligibility categories:

AND who by reason of their disability needs special education and related services in order to benefit from their education. Determined by the assessments!

* or sooner if the student earns a full high school diploma

1. Autism2. Deafness / HH3. Deaf-Blindness4. Hearing Impairment5. Mental Retardation6. Multiple Disabilities7. Orthopedic

Impairment

8. Other Health Impairment9. Serious Emotional

Disturbance10. Specific Learning Disabilities11. Speech or Language

Impairment12. Traumatic Brain Injury13. Visual Impairment / Blindness

IEP Meeting: Big QuestionsIEP Meeting: Big Questions

• Where is student now? Present Levels Of Performance

(PLOP)

• Where is student going? GOALS/OBJECTIVES

• How will student get there? SERVICES & INSTRUCTION

• How do we know student made expected progress?

MEASUREMENT: What objective DATA tells us.

• How and when will progress be reported?

PROGRESS REPORTS =ACCOUNTABILITY

IEP: Think of it this way!IEP: Think of it this way!

- Special Education is a SERVICE

- brought to the student through the IEP

- in order to CLOSE THE GAP

- between the student’s Present Level of Performance

- and the student’s Expected Level of Performance in 1 year.

IEP ServicesIEP ServicesThe Special Education and Related Services

the student needs to:

• Make progress toward individualized annual goals.

• Make progress in the General Ed curriculum.

• Participate in non-academic activities.

• Be educated & participate with ALL children.

• “Appropriate” program provided,not the “best” program.

IDEA Services ExamplesIDEA Services Examples• Audiology/Interpreter Services• Braille• Counseling Services• Early Identification &

Assessment of Disabilities• Medical Services

(To determine eligibility)• School Health Services

(for health-related needs)• Occupational Therapy• Orientation & Mobility

Services• Parent Counseling & Training

• Physical Therapy• Psychological Services• Recreation• Rehabilitation Counseling

Services• Social Work Services in

School• Speech/Language Pathology

Services• Transportation• Interpreter Services• Transition Specialist• Vocational Trainer/Counselor

And others as needed. ”This is not an exhaustive list.”

— US Dept. of Education

IDEA and IDEA regulations

IEP “Placement”IEP “Placement”

LAST discussion in IEP Meeting

• Placement is a “set of services” provided to the student.NOT a PLACE for the student to go!

• Protect Least Restrictive Environment (LRE).

• Appropriate placement: set of services and setting in which student has a reasonable expectation of meeting IEP goals and making meaningful educational progress.

LRELRE

Least Restrictive Environment

The IEP must state the extent to which student will or will not learn with and participate in school

with students without disabilities AND WHY.

• Strong presumption in law that students with disabilities learn with non-Disabled peers.

• Home school. General Ed. Typical classes.

IEP ConsentIEP Consent

Before agreeing to sign:

• Ask for copies of the IEP and other documents • No Requirement to Sign at the Meeting –

take them home for careful review.• Document important points stated that are left out of

the notes: write and Education Rightsholder Addendum and refer to it when signing.

Procedural SafeguardsProcedural Safeguards

Alternative Dispute Resolution

Alternative Dispute Resolution

“ADR”: informal means to resolve disputes

•Write an effective letter.

•Involve key stakeholders/decision-makers: Superintendent; Director of SpEd; school board member

•“Facilitated” IEP

•School District or SELPA “Solution Teams” or mediation

•Complaint at school district level

•Office of Admin Hearings “Mediation-Only”

IDEA Compliance Complaint

IDEA Compliance Complaint

•Filed with: California Dept. of Education (CDE) Office of Procedural Safeguards & Referral Services (PSRS)800-926-0648www.cde.ca.gov/sp/se/fp

•Parent describes & provides evidence of how school district: - failed to carry out an agreed-to IEP and/or- violated procedural safeguards in IDEA law

•File within 1 year of alleged non-compliance.

•FYI: Teachers & Staff too may file. There are “whistle-blowing” protections for school district staff in IDEA 2004.

Prior Written Notice (PWN)Prior Written Notice (PWN)• When district proposes or refuses to do something that involves

the child's identification, assessments, placement, or FAPE.Parent is required to receive PWN. ASK FOR IT!

• PWN must include:

(1) Description of action proposed or refused.

(2) Explanation of why school proposes or refuses to take that action.

(3) Each evaluation, procedure, test, report, etc. the school used as a BASIS.

(4) Copy of the parent’s rights to challenge the action or inaction.

(5) Sources of advocacy assistance for parents.

(6) Other options the school considered and why they were rejected.

(7) Other reasons for the school’s action or inaction.

[20 U.S.C. Sec. 1415(b)(3); 34 C.F.R. Sec. 300.503(b); Cal. Education Code Sec. 56500.4.]

IDEA Due Process Complaint

IDEA Due Process Complaint

Office of Administrative Hearings (OAH) Special Education Division916-263-0880 / 916-263-0890 Fax www.oah.dgs.ca.gov

Administrative Hearing or “Mediation only”When Parent & School District have disagreements about:

-whether student is eligible for special education;

-IEE

-whether the IEP offered provides Free and Appropriate Public Education (FAPE):type, intensity, frequency or location of services.

Must file within 2 years of alleged complaint

504: Civil Rights Discrimination Complaint

504: Civil Rights Discrimination Complaint

•Filed with: Office for Civil Rights (OCR)San Francisco is Regional Office415-486-5555 / 877-521-2172 TDD www.ed.gov/about/offices/list/ocr/index.html

•Complaint alleges:Education institution that receives Federal financial assistance has discriminated against student on the basis of his/her disability: educational opportunity is not commensurate with non-disabled peers (“level playing field”).

•File within 6 months of alleged violation.

DREDF: www.dredf.org

• DOWNLOAD DREDF Training Materials!!! dredf.org/special_education/trainings.shtml

SPECIAL EDUCATION RIGHTS & PROCESS (CA specific):“Special Education Rights & Responsibilities” www.disabilityrightsca.org/pubs/504001SpecEdIndex.htm

Special Education Law and issues: www.wrightslaw.com

Resource LinksResource Links

Call to ask for an “Education Advocate” !

Phone 510.644.2555 Toll Free 800.348.4232 Fax 510.841.8645 Email iephelp@dredf.org Website www.dredf.org Facebook www.facebook.com/dredf.org