Know Your Rights!

Know Your Rights!Know Your Rights!

You have the right to bring an You have the right to bring an advocate or advisor to meetings advocate or advisor to meetings (advise school ahead of time of (advise school ahead of time of person you will bring)person you will bring)

You have the right to record meetings You have the right to record meetings (advise school ahead of time of your (advise school ahead of time of your intent to do so)intent to do so)

You have the right to refuse to sign an You have the right to refuse to sign an IEP you disagree withIEP you disagree with

Understand the SituationUnderstand the Situation

Understand what is Understand what is possiblepossible for the for the school to doschool to do

Understand what is Understand what is reasonablereasonable for for the school to dothe school to do

You win more flies with honey than You win more flies with honey than with vinegar!with vinegar!

Present Level of Performance Present Level of Performance (PLOP)(PLOP)

Also called the “Present Level of Also called the “Present Level of Academic Achievement”Academic Achievement”– 20 U.S.C. § 1414 (IDEA)20 U.S.C. § 1414 (IDEA)– 34 C.F.R. § 300.32034 C.F.R. § 300.320

PLOPPLOP

Must include a statement of the Must include a statement of the child’s present levels of academic child’s present levels of academic achievement and functional achievement and functional performance, including:performance, including:– How the child’s disability affects their How the child’s disability affects their

performance in the standard curriculumperformance in the standard curriculum– For preschoolers, how the child’s For preschoolers, how the child’s

disability affects their participation in disability affects their participation in appropriate activitiesappropriate activities

PLOP (cont.)PLOP (cont.)

Includes both academic achievement Includes both academic achievement and functional performanceand functional performance

This is different for each child, This is different for each child, meaning that evaluations and meaning that evaluations and decisions must be done on a case-by-decisions must be done on a case-by-case basiscase basis

Focus is on describing how the child’s Focus is on describing how the child’s disability affects his or her ability to disability affects his or her ability to learnlearn

How is PLOP Determined?How is PLOP Determined?

The IEP Team looks at standardized The IEP Team looks at standardized test scores, professional evaluations, test scores, professional evaluations, and observations of parents and and observations of parents and educatorseducators

Parent input is essential!Parent input is essential!– You have the right to draft your own You have the right to draft your own

PLOP statement and have it attached to PLOP statement and have it attached to the IEPthe IEP

Goals of the PLOPGoals of the PLOP

Describe the child’s areas of strength Describe the child’s areas of strength and of weaknessand of weakness

Determine what holds the child back Determine what holds the child back and what helps the child learnand what helps the child learn

Describe how the child’s disability Describe how the child’s disability affects his or her ability to learnaffects his or her ability to learn

Examples of PLOP Examples of PLOP StatementsStatements

Kari’s difficulty in organizing materials and Kari’s difficulty in organizing materials and information affects her ability to complete information affects her ability to complete assignments independently and compose assignments independently and compose written essays.written essays.


Dayton prefers to play in isolation Dayton prefers to play in isolation and becomes upset (e.g., cries and and becomes upset (e.g., cries and hits others) when another student hits others) when another student comes too close. As a result his peer comes too close. As a result his peer interactions at playtime are limited.interactions at playtime are limited.


Joey follows basic written directions in Joey follows basic written directions in community settings (e.g., vending community settings (e.g., vending machines and work schedules). He is machines and work schedules). He is able to travel in his wheelchair for able to travel in his wheelchair for short distances in school, but needs short distances in school, but needs adult assistance to travel in the adult assistance to travel in the community. He can read simple community. He can read simple sentences but does not generalize his sentences but does not generalize his reading skills to functional activities reading skills to functional activities (e.g., reading a menu in a restaurant).(e.g., reading a menu in a restaurant).

Sources:Sources:

Sample PLOP statements taken from Sample PLOP statements taken from New York Vocational and Educational New York Vocational and Educational Services for Individuals with Services for Individuals with Disabilities (VESID) websiteDisabilities (VESID) website

http://www.vesid.nysed.gov/http://www.vesid.nysed.gov/specialed/publications/policy/iep/specialed/publications/policy/iep/presentlevels.htmpresentlevels.htm

Individualized Education Program

ABCs of IEPs

• Accountability• Baselines• Clarity

ACCOUNTABILITY

1. CURRENT IEP

REVIEWING REQUIRED

ACCOUNTABILITY

2. EACH OBJECTIVE

ORGANIZATION NEEDED

ACCOUNTABILITY

3. PROGRESS REPORTS

COMMUNICATION IS KEY

ACCOUNTABILITY

1. CURRENT IEP 2. EACH OBJECTIVE 3. PROGRESS REPORTS

BASELINES

Where is your child NOW?

CLARITY

One interpretation, no explanation needed

ABCs of IEPs

BAD EXAMPLE By June 2010 Tammy will add and subtract

whole numbers up to fifteen with and without the use of a calculator with 80%

accuracy

ABCs of IEPs

BAD EXAMPLEBy June 2010 Tammy will tell time to

the half hour using an analog and digital clock with 80% accuracy

ABCs of IEPsBAD EXAMPLE

Todd will independently read a 2.25 level text with 80% accuracy using picture-cueing, initial and ending

sound, and chunking strategies to decode unknown words by December 2009. He will use reading on, re-reading, and context clues strategies. Todd will also

decode the 2.25 level text using sight-word knowledge for frequently used sight words in Kindergarten, first and second grade as determined by the Dolch word

lists of high frequency sight words by grade level.

ABCs of IEPs

ABCs of IEPsBAD EXAMPLE

By December 2009, Todd will use strategies to follow classroom routines and meet classroom

expectations in 4 out of 5 instances. He will follow three step directions given to him by his

teacher. He will demonstrate behavior that causes peers and teachers to react in a positive manner to him. Todd will accept consequences

and direction from adults

ABCs of IEPs

GOOD EXAMPLEBy December 2009, Todd will raise his hand

before asking a question in class 4 out of 5 instances.

ABCs of IEPs

GOOD EXAMPLEBy December 2009, Todd will refrain from hitting,

pinching or yelling at peers and teachers in 4 out of 5 instances.

ABCs of IEPsTammy will write three sentences with correct grammar,

punctuation and capitalization four out of five trials– By November 2009, Tammy will write one sentence with

correct grammar, punctuation and capitalization four out of five trials

– By January 2010, Tammy will write two sentences with correct grammar, punctuation and capitalization four out of five trials

– By March 2010, Tammy will write three sentences with correct grammar, punctuation and capitalization four out of five trials

ABCs of IEPs• Accountability

• Current IEP• Each Objective• Progress Reports

• Baselines• Where is your child NOW?

• Clarity• One interpretation, no explanation needed

Accommodations, Modifications and Services in your child’s IEP

What is the difference between Accommodations and

Modifications?

Accommodations

• Accommodations are designed to allow a student to complete the same assignment or test as other students, but with a change in the timing, formatting, setting, scheduling, response and/or presentation. Accommodations do not change the educational content.

• Example of an Accommodation: A student who is blind taking a mainstream test in Braille, and a student with Dyslexia being given extra time on a test.

Modifications

• Modifications alter the educational content to address the unique needs of the child that result from the child's disability.

• Example of a Modification: Requiring a 2 page report from the student instead of the 4 page assignment required of his/her peers

The Main Difference

• Accommodations help your child to receive the mainstream curriculum.

• Modifications allow your child to receive an especially tailored education that meets his/her individual needs and skill levels.

What does IDEA say about accommodations and

modifications?• IDEA Appendix A says, "The Act requires the IEP

team to determine, and the public agency to provide, the accommodations, modifications, supports, and supplementary aids and services, needed by each child with a disability to successfully be involved in and progress in the general curriculum achieve the goals of the IEP, and successfully demonstrate his or her competencies in State and district-wide assessments."

IDEA also says…

• Each teacher and provider must be informed of: The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.

• The teacher/provider must know what provisions have been decided upon in order to utilize them effectively.

Stipulations of Accommodations and Modifications

• The IEP team must determine the accommodations and modifications needed for a child with disabilities in order to achieve the IEP goals.

• Accommodations and modifications should be specifically included in the body of the IEP.

• All accommodations and modifications specified by the IEP must be provided by the public agency (the child’s school).

• Each teacher and provider for the disabled child must be informed of and understand the accommodations and modifications chosen in order to use them effectively.

Types of Accommodations• Curriculum adaptations alter or enhance the way the student is taught the

same material:– Ex- English as a second language (ESL), remedial reading

• Lesson accommodations alter the method of instruction to fit the child’s style of learning:

– Ex: Use of visual aids in instruction, allowing students to tape record lessons• Environmental Accommodations allow the IEP team to ensure that the

student is learning in the least restrictive environment: – Ex- Providing preferential seating, increasing distance between desks.

• Modified Assignments alter the assignment given to the student but not the academic content.

– Ex- Giving a student extra time to complete a task.• Modified Testing Procedures change the way that the student is evaluated

but not the academic standards.– Ex- Allowing a student to take an oral exam rather than a written exam.

• Physical/Heath Accommodations– Ex- Giving a student extra time to transition between classes.

What are “related services?”

• Related services are any supplemental services that are necessary in order for a child with a disability to benefit from special education

• Related services include the early identification and assessment of disabling conditions in children

• Related services include consultations, in which the therapist would directly communicate with the child’s teachers and IEP team about what the child needs and what progress she/he has made.

Related Services, contd.

• Children do not attend school in order to receive related services, they receive related services in order to participate fully in school. This means that schools must provided services if and only if those services are necessary for the child to receive an appropriate education.

• The IEP team (including the parents) is responsible for evaluating if and which related services are necessary in order for the child to receive a free appropriate public education (FAPE).

• No related service is automatically included or denied from your child’s IEP due to his/her disability, because each IEP team must determine what is needed for each individual child.

Types of Related Services

• Related services include, but are not limited to:– Psychological services– Physical and occupational therapy– Recreation, such as therapeutic recreation– Speech-language pathology and audiology– Counseling services– Rehabilitative services– Medical services that are used for diagnostic and

evaluation purposes only

Make it specific

• If the IEP team determines that a related service is necessary in order for the child to benefit from special education, the team members must also include goals, objectives and measurable ways to evaluate the child’s progress in that service

• The IEP team must specify what measures will be used to monitor the student’s progress in that service.

• ALWAYS compare the services in the current IEP to the services in the proposed IEP. – As the parent, you need to understand where your child

has made progress and what your child needs now.

Put an AMOUNT on Everything!• It is important that in the IEP you specify the

AMOUNT of services the child will receive. For example, you should not just say that “the child will work on hand-eye coordination through physical therapy” but instead “the child will work on hand-eye coordination through three 20 minute sessions of physical therapy each week of the school year. – Remember that even if you child misses a service

session due to a field trip or a shortened school day, the school must still provide that service for the time missed.

Related Service in Action

• Example: The IEP team determined that Alexandra, a child diagnosed with Pervasive Development Disorder, needs speech therapy in order to improve her oral communication skills

Related Services in Action

– PLOP: Currently Alexandra only uses an average of 3 words per sentence, refers to herself in the 3rd person, does not use personal pronouns, and calls her teachers “teacher” rather than addressing them by their names.

– Goal: By the end of the 2009-2010 school year, Alexandra will be able to verbalize her needs through full sentences. She will use personal pronouns and address others by their names.

Related Services in Action

– Objectives: • Through speech therapy Alexandra will learn to use an

average of 7 words at a time in sentences in order to better express her needs. She will use at least 7 words in sentences 7 out of 10 documented times.

• The speech therapist will teach Alexandra how to use pronouns including “me,” “my,” “I,” “you” and “your.” She will use personal pronouns when appropriate 8 out of 10 documented attempts.

• The speech therapists will use pictures and verbal markers to teach Alexandra the names of her teachers. She will refer to her teachers by name 7 out of 10 documented attempts.

– In order to meet these objectives, Alexandra will receive speech therapy for 30 minute sessions 3 times every week of the academic year.

SOLs and Alternative SOLs and Alternative Testing Testing

Statutory Requirements Statutory Requirements

VA RequirementVA Requirement All students with disabilities must All students with disabilities must

participate in the assessment section of participate in the assessment section of Virginia’s accountability system Virginia’s accountability system

No Child Left Behind No Child Left Behind All students must participate in annual All students must participate in annual

reading and math assessments while in reading and math assessments while in grades 3-8 and once in high school grades 3-8 and once in high school

Testing OptionsTesting Options

Standards of Learning (SOL)Standards of Learning (SOL) Virginia Grade Level Assessment Virginia Grade Level Assessment

(VGLA)(VGLA) Virginia Substitute Evaluation Virginia Substitute Evaluation

Program (VSEP)Program (VSEP) Virginia Alternative Assessment Virginia Alternative Assessment

Program (VAAP)Program (VAAP)

Testing Options Testing Options

SOL with or without SOL with or without accommodations accommodations when is this assessment option when is this assessment option

appropriate?appropriate? 1. If the student has the ability to 1. If the student has the ability to

demonstrate his or her knowledge in a demonstrate his or her knowledge in a multiple choice format and multiple choice format and

2. If the student is working on a grade level 2. If the student is working on a grade level SOLSOL

However, the IEP team can decide to use the SOL However, the IEP team can decide to use the SOL simply to determine the level of progresssimply to determine the level of progress


VGLAVGLA When is this assessment option When is this assessment option

appropriate?appropriate? 1. If the student is in grades 3-8 and1. If the student is in grades 3-8 and 2. The student has an IEP and2. The student has an IEP and 3. The student is unable to demonstrate 3. The student is unable to demonstrate

knowledge on a multiple choice format test knowledge on a multiple choice format test as a result of his or her disability andas a result of his or her disability and

4. The student is able to demonstrate his or 4. The student is able to demonstrate his or her knowledge in a format other than her knowledge in a format other than multiple choice multiple choice


VSEPVSEP When is this assessment option When is this assessment option

appropriate?appropriate? 1. If the student has an IEP and1. If the student has an IEP and 2. Is in grades 9-12 and 2. Is in grades 9-12 and 3. Is enrolled in a course with a year end SOL 3. Is enrolled in a course with a year end SOL

or is pursuing a modified standard diploma or is pursuing a modified standard diploma and and

4. Is unable to demonstrate knowledge in a 4. Is unable to demonstrate knowledge in a multiple choice test format due to his or her multiple choice test format due to his or her disability disability

Testing OptionsTesting Options

VAAPVAAP When is this assessment option appropriate?When is this assessment option appropriate?

1. If the student has an IEP and 1. If the student has an IEP and 2. Significant cognitive disabilities and2. Significant cognitive disabilities and 3. Requires intensive and frequent individualized 3. Requires intensive and frequent individualized

instruction andinstruction and 4. Is not working towards obtaining an advanced, 4. Is not working towards obtaining an advanced,

standard, or modified standard diploma standard, or modified standard diploma 5. Is unable to demonstrate knowledge in a 5. Is unable to demonstrate knowledge in a

multiple choice format multiple choice format

Assessment FormatsAssessment Formats SOLSOL

multiple choice testmultiple choice test VGLA / VSEP / VAAPVGLA / VSEP / VAAP

Collection of student work samples used to Collection of student work samples used to demonstrate the students level of performance on demonstrate the students level of performance on every grade level SOL for which they have received every grade level SOL for which they have received instruction instruction

VAAPVAAP only work samples for math and reading are only work samples for math and reading are

requiredrequired The Virginia Department of Education STRONGLY The Virginia Department of Education STRONGLY

RECOMMENDS sending work samples for every RECOMMENDS sending work samples for every course the student is enrolled in that has an SOLcourse the student is enrolled in that has an SOL

Participation DecisionsParticipation Decisions

The IEP team decides which test the The IEP team decides which test the student will take student will take

All students must be considered All students must be considered for participation in the general for participation in the general SOL first SOL first

If the IEP team determines the If the IEP team determines the student will take an alternate student will take an alternate assessment the team must document assessment the team must document the reasoning for this decision the reasoning for this decision

Irrelevant reasons for Irrelevant reasons for deeming a particular deeming a particular

assessment inappropriate assessment inappropriate The student’s disabilityThe student’s disability The student is performing below The student is performing below

grade levelgrade level The student’s behavior prohibits him The student’s behavior prohibits him

from taking the test with a group from taking the test with a group The student has not mastered all the The student has not mastered all the

curriculum that are covered on curriculum that are covered on grades 3-8 SOL assessment grades 3-8 SOL assessment

Participation Decisions Participation Decisions

If the IEP team determines that the If the IEP team determines that the student will not be tested at all, the student will not be tested at all, the reasoning for this decision, the reasoning for this decision, the consequences of non participation, consequences of non participation, and a description of how the student and a description of how the student will be assessed must be explained will be assessed must be explained to the parents to the parents

Consequences of non-Consequences of non-participationparticipation

The student may not have a chance The student may not have a chance to experience the SOL assessment to experience the SOL assessment before taking the test needed for before taking the test needed for high school graduation high school graduation

If the decision not to participate is If the decision not to participate is made by the parent or student it will made by the parent or student it will be considered refusal to participate be considered refusal to participate

Testing AccommodationsTesting Accommodations

Testing accommodations should be Testing accommodations should be the same as those the student uses the same as those the student uses during regular classroom during regular classroom assessments assessments

Accommodations based solely on Accommodations based solely on their ability to enhance their ability to enhance performance are inappropriateperformance are inappropriate

Testing AccommodationsTesting Accommodations

PARENTS...... you need to ask the PARENTS...... you need to ask the IEP team what accommodations are IEP team what accommodations are available for SOLs and other testing available for SOLs and other testing

Types of Types of AccommodationsAccommodations

TimingTiming SettingSetting PresentationPresentation ResponseResponse


Timing Timing test given at a certain time of daytest given at a certain time of day breaks given during the testbreaks given during the test


SettingSetting Preferential seatingPreferential seating Individual testing Individual testing Special lightingSpecial lighting Test given in a non school setting such Test given in a non school setting such

as in a hospital as in a hospital


PresentationPresentation Reading directions aloud to the student Reading directions aloud to the student Clarifying directions Clarifying directions Audio tape version of test items Audio tape version of test items Markers to maintain placeMarkers to maintain place


ResponseResponse Mark in the test booklet Mark in the test booklet Respond verballyRespond verbally Word ProcessorWord Processor Spell checkSpell check Tape recorder Tape recorder Use calculator with function greater Use calculator with function greater

than those typically supplied than those typically supplied

ExamplesExamples

Example 1Example 1

Sean is a 7Sean is a 7thth grade student. He has grade student. He has difficulty bubbling in standardized difficulty bubbling in standardized tests because of his disability. tests because of his disability. During regular classroom During regular classroom assessments Sean uses a word assessments Sean uses a word processor rather than bubbling in processor rather than bubbling in his answers on multiple choice tests. his answers on multiple choice tests.

Example 1Example 1

Which assessment is appropriate for Which assessment is appropriate for Sean?Sean?

Example 1Example 1

SOL with response accommodations SOL with response accommodations Sean is able to take multiple choice Sean is able to take multiple choice

tests, as long as he is has a word tests, as long as he is has a word processor to document his answers. processor to document his answers.

Example 2Example 2

Nicole is an 11Nicole is an 11thth grade student. She grade student. She has an IEP and is pursuing a has an IEP and is pursuing a modified standard diploma. She is modified standard diploma. She is unable to demonstrate her unable to demonstrate her knowledge in multiple choice format. knowledge in multiple choice format.

Example 2Example 2

Which assessment is appropriate for Which assessment is appropriate for Nicole?Nicole?

Example 2Example 2

VSEPVSEP Nicole is a high school student with Nicole is a high school student with

an IEP. She is pursuing a modified an IEP. She is pursuing a modified standard diploma. She is able to standard diploma. She is able to demonstrate her knowledge in a demonstrate her knowledge in a form other than multiple choice form other than multiple choice

Example 3Example 3

Marcus is a 4Marcus is a 4thth grade student. He is grade student. He is working on grade level. He becomes working on grade level. He becomes distracted when taking examinations distracted when taking examinations around a large group of students. He around a large group of students. He is able to demonstrate his is able to demonstrate his knowledge in multiple choice format knowledge in multiple choice format but needs to have the test presented but needs to have the test presented on audio tape.on audio tape.

Example 3Example 3

Which assessment is appropriate for Which assessment is appropriate for Marcus?Marcus?

Example 3Example 3

SOL with accommodationsSOL with accommodations A student may have more than one A student may have more than one

accommodationaccommodation Marcus needs both presentation and Marcus needs both presentation and

setting accommodationssetting accommodations He will need the test presented in He will need the test presented in

audio tape form and needs to take the audio tape form and needs to take the test individually, away from a large test individually, away from a large group of studentsgroup of students

Extended School Year Extended School Year ServicesServices

Extended School Year Extended School Year ServicesServices

Essential Question: Essential Question: Whether the benefits the child gained Whether the benefits the child gained

during the regular school year will be during the regular school year will be significantly jeopardized if the student significantly jeopardized if the student does not receive ESYdoes not receive ESY

Statutory RequirementsStatutory Requirements IDEA IDEA

The school can’t limit extended school year The school can’t limit extended school year services to a particular disability services to a particular disability

The school can’t limit the type, amount, or The school can’t limit the type, amount, or duration of those servicesduration of those services

The school must make individualized The school must make individualized determinations of the number of days, weeks, and determinations of the number of days, weeks, and hours per day that each student will receive ESYhours per day that each student will receive ESY

ESY not required to be provided all day, ESY not required to be provided all day, everyday!everyday!

The school must make adjustments in cases The school must make adjustments in cases where the child’s needs can’t be met by an where the child’s needs can’t be met by an existing summer programexisting summer program

Purpose of ESYPurpose of ESY

It is designed to maintain the It is designed to maintain the child’s mastery of critical skills child’s mastery of critical skills

ESY should focus on specific critical ESY should focus on specific critical skills where regression may occur if skills where regression may occur if there is a long break in instruction there is a long break in instruction

It is not meant to be continuation of It is not meant to be continuation of all the previous years IEP goalsall the previous years IEP goals

Factors the IEP team Factors the IEP team considers when considers when

determining eligibilitydetermining eligibility Regression (child Regression (child likelylikely to lose skills) to lose skills)

A showing of actual regression is not A showing of actual regression is not required for a child to be eligible for ESYrequired for a child to be eligible for ESY

Recoupment (child will not be able to Recoupment (child will not be able to recover these skills in timely fashion)recover these skills in timely fashion)

Degrees of progress toward IEPDegrees of progress toward IEP Emerging skillsEmerging skills

Will a long break cause problems for child Will a long break cause problems for child who is learning a who is learning a critical skillcritical skill such as such as reading reading

Nature/severity of the disabilityNature/severity of the disability

ExamplesExamples

Example 1 Example 1

Joseph is a 12 year old student with a Joseph is a 12 year old student with a communication disability. By the end of communication disability. By the end of the school year he is developing his the school year he is developing his ability to verbally communicate. At the ability to verbally communicate. At the end of the last school year Joseph was end of the last school year Joseph was making similar progress in his verbal making similar progress in his verbal communication skills. It has taken him a communication skills. It has taken him a whole school year to regain his whole school year to regain his progress. Joseph’s parents are progress. Joseph’s parents are interested in ESY services. interested in ESY services.

Example 1Example 1

What will the IEP team consider What will the IEP team consider when determining whether Joseph when determining whether Joseph will receive ESY?will receive ESY?

Example 1Example 1

Regression Regression Joseph lost his progress in his Joseph lost his progress in his

communication abilities over the communication abilities over the summer break in the past, so it is likely summer break in the past, so it is likely that regression will occur again if he that regression will occur again if he does not receive ESYdoes not receive ESY

Example 1Example 1

RecoupmentRecoupment Based on the fact that it took Joseph a Based on the fact that it took Joseph a

whole school year to regain the level of whole school year to regain the level of progress that he lost over the summer progress that he lost over the summer break last year, it is likely that break last year, it is likely that recoupment will be difficult for him recoupment will be difficult for him again if he does not receive ESYagain if he does not receive ESY

Example 1Example 1

Emerging skillsEmerging skills Joseph is making a breakthrough in his Joseph is making a breakthrough in his

verbal communication abilities. verbal communication abilities. Communication skills are critical. Communication skills are critical.

Example 1Example 1

Will Joseph receive ESY?Will Joseph receive ESY?

Example 1Example 1 MaybeMaybe In Joseph’s case the fact that he has made a In Joseph’s case the fact that he has made a

breakthrough in the critical skill of breakthrough in the critical skill of communication and has experienced communication and has experienced recoupment/regression issues in the past recoupment/regression issues in the past works in favor of the IEP team deciding ESY works in favor of the IEP team deciding ESY is appropriateis appropriate

Remember.....the IEP team does not have to Remember.....the IEP team does not have to grant ESY because some of the factors grant ESY because some of the factors relevant to eligibility decisions are present. relevant to eligibility decisions are present. Also, the team does not have to find that all Also, the team does not have to find that all of the factors considered are present in a of the factors considered are present in a given case in order to grant ESY given case in order to grant ESY

Example 2Example 2

Sheila is a 16 year old student. She has Sheila is a 16 year old student. She has Asperger’s syndrome, which is a mild form of Asperger’s syndrome, which is a mild form of autism. It is characterized by problems with autism. It is characterized by problems with social interaction and mild language and social interaction and mild language and cognitive disabilities. Sheila has never had cognitive disabilities. Sheila has never had problems with academics as a result of her problems with academics as a result of her disability. By the end of the school year, Sheila disability. By the end of the school year, Sheila is making significant progress towards her is making significant progress towards her social interaction IEP goals. Sheila’s parents social interaction IEP goals. Sheila’s parents would like her to receive ESY to maintain her would like her to receive ESY to maintain her progress in her social interaction abilities. progress in her social interaction abilities.

Example 2Example 2

What will the IEP team consider What will the IEP team consider when determining whether Sheila when determining whether Sheila will receive ESY?will receive ESY?

Example 2Example 2

Degrees of progress towards IEP Degrees of progress towards IEP goalsgoals Sheila is making progress towards her Sheila is making progress towards her

social interaction IEP goalsocial interaction IEP goal

Example 2Example 2

Emerging skillsEmerging skills Sheila is making progress in the area of Sheila is making progress in the area of

social interaction. The IEP team may social interaction. The IEP team may consider social interaction ability a consider social interaction ability a critical skill since is necessary to critical skill since is necessary to function in the real world. function in the real world.

Example 2Example 2

Nature of the disabilityNature of the disability Sheila’s disability is characterized by Sheila’s disability is characterized by

problems with social interactionproblems with social interaction

Example 2Example 2

Will Sheila receive ESY?Will Sheila receive ESY?

Example 2Example 2

MaybeMaybe Academically Sheila does not seem to Academically Sheila does not seem to

need ESY. She has not had any previous need ESY. She has not had any previous experience with recoupment/regression experience with recoupment/regression issues and she is not severely disabled. issues and she is not severely disabled.

Sheila’s area of need is social Sheila’s area of need is social interaction. She is making significant interaction. She is making significant progress in that area and ESY may be progress in that area and ESY may be necessary for her to maintain that necessary for her to maintain that progress over the summer. progress over the summer.

RememberRemember

The IEP team does not have find that The IEP team does not have find that a student is eligible for ESY just a student is eligible for ESY just because some of the factors relevant because some of the factors relevant to determining eligibility are present to determining eligibility are present

ESY is determined on an individual ESY is determined on an individual basis!basis!

Procedural SafeguardsProcedural Safeguards

20 U.S.C. § 1415 establishes 20 U.S.C. § 1415 establishes procedural safeguards to make sure procedural safeguards to make sure each child receives a FAPE.each child receives a FAPE.

Parents Have a Right To…Parents Have a Right To…

Examine all records relating to the Examine all records relating to the childchild

Participate in meetings regarding the Participate in meetings regarding the identification, evaluation, and identification, evaluation, and educational placement of the childeducational placement of the child

Obtain an independent educational Obtain an independent educational evaluation of their childevaluation of their child

Your Right to NoticeYour Right to Notice

A parent is entitled to Prior Written A parent is entitled to Prior Written Notice (PWN) when the local Notice (PWN) when the local education agency:education agency:– Proposes to initiate or changeProposes to initiate or change– Refuses to initiate or changeRefuses to initiate or change

……That relates to a child’s identification, That relates to a child’s identification, evaluation, or education placement, or evaluation, or education placement, or that child’s FAPE.that child’s FAPE.

Other Rights You Have As a Other Rights You Have As a ParentParent

MediationMediation– Can address any disagreementCan address any disagreement

Presenting a ComplaintPresenting a Complaint– Concern is whether the law is being Concern is whether the law is being

violatedviolated Due Process HearingDue Process Hearing

But First!But First!

Before you resort to these more Before you resort to these more formal mechanisms, try to resolve formal mechanisms, try to resolve the situation “in-house” with the the situation “in-house” with the schoolschool

MediationMediation

This is where a neutral third party This is where a neutral third party who is trained as a mediator helps to who is trained as a mediator helps to resolve the dispute.resolve the dispute.– ConfidentialConfidential– Enforceable in courtEnforceable in court– Low costLow cost

Mediation (cont.)Mediation (cont.)

The state must bear the cost of The state must bear the cost of mediation, including that of meetingsmediation, including that of meetings

Meetings must be scheduled in a Meetings must be scheduled in a timely manner and in a location timely manner and in a location convenient to all partiesconvenient to all parties

Mediation (cont.)Mediation (cont.)

A Local Education Authority must A Local Education Authority must have procedures for mediation that have procedures for mediation that are:are:– Voluntary for all partiesVoluntary for all parties– Not used to deny or delay a parent’s Not used to deny or delay a parent’s

rightsrights– Conducted by a qualified and impartial Conducted by a qualified and impartial

mediatormediator

MediationMediation

If successful, a written agreement If successful, a written agreement must be formed that states the must be formed that states the agreement and:agreement and:– States that all discussions occurring States that all discussions occurring

during mediation are confidential and during mediation are confidential and cannot be used in a Due Process Hearing cannot be used in a Due Process Hearing or civil suitor civil suit

– Is signed by the parent and the LEAIs signed by the parent and the LEA– Is enforceable in the appropriate state Is enforceable in the appropriate state

and federal courtsand federal courts

Presenting a ComplaintPresenting a Complaint

A parent has the right to present a A parent has the right to present a complaint relating to the identification, complaint relating to the identification, evaluation, or educational placement of evaluation, or educational placement of their childtheir child

The complaint must allege a violation that The complaint must allege a violation that occurred no more than two years before occurred no more than two years before the parent or agency should have known the parent or agency should have known about itabout it– Exception if one party misrepresented or Exception if one party misrepresented or

withheld informationwithheld information

Complaints (cont.)Complaints (cont.)

This is a written request for This is a written request for investigation that you file with the investigation that you file with the Office of Dispute Resolution and Office of Dispute Resolution and Administrative Services.Administrative Services.

It alleges that the school division has It alleges that the school division has violated state or federal laws (or violated state or federal laws (or regulations) regarding special regulations) regarding special educationeducation


An ODRAS investigator will create a An ODRAS investigator will create a “Letter of Findings” describing how “Letter of Findings” describing how the school is (or is not) violating the the school is (or is not) violating the lawlaw

If a violation is found, the If a violation is found, the investigator will issue a “Corrective investigator will issue a “Corrective Action Plan” for the school to followAction Plan” for the school to follow


If you disagree with the findings of If you disagree with the findings of the ODRAS investigator, you may file the ODRAS investigator, you may file an appeal within 30 business days of an appeal within 30 business days of the issuing of the Letter of Findingthe issuing of the Letter of Finding– Must allege either that new information Must allege either that new information

has become available or that the finding has become available or that the finding was based on an error of fact or lawwas based on an error of fact or law

Due Process HearingsDue Process Hearings

Must provide notice to the other partyMust provide notice to the other party A parent’s rights:A parent’s rights:

– To be accompanied by and advised by a To be accompanied by and advised by a lawyer or someone with knowledge or lawyer or someone with knowledge or training of special education for childrentraining of special education for children

– To present evidence and examine To present evidence and examine witnesseswitnesses

– To receive a written or electronic To receive a written or electronic transcript of the hearingtranscript of the hearing

The Resolution SessionThe Resolution Session

Once a school division has received Once a school division has received notice of your request for a hearing, it notice of your request for a hearing, it has 30 days to try and resolve the has 30 days to try and resolve the dispute before the hearingdispute before the hearing– Resolution session must be scheduled Resolution session must be scheduled

within 15 dayswithin 15 days– Includes parents and members of IEP teamIncludes parents and members of IEP team

By agreement, can use mediation By agreement, can use mediation insteadinstead

Due Process Hearings Due Process Hearings (cont.)(cont.)

If a resolution is reached at the If a resolution is reached at the preliminary meeting, a Written preliminary meeting, a Written Settlement Agreement must be createdSettlement Agreement must be created– Either party may void the agreement within Either party may void the agreement within

three business days of its executionthree business days of its execution Unless resolved to parents’ satisfaction Unless resolved to parents’ satisfaction

within 30 days of the notification, a Due within 30 days of the notification, a Due Process Hearing may occurProcess Hearing may occur

Due Process Hearing (cont.)Due Process Hearing (cont.)

Each party must disclose all Each party must disclose all evaluations and recommendations evaluations and recommendations intended to be used at the hearingintended to be used at the hearing– Must be done at least 5 business days Must be done at least 5 business days

before the hearingbefore the hearing Any evaluation or recommendation Any evaluation or recommendation

not disclosed cannot be used at the not disclosed cannot be used at the hearing unless the other party hearing unless the other party agreesagrees

After Notice is Received…After Notice is Received…

The school division has to do five things:The school division has to do five things:– Inform parents of right to mediationInform parents of right to mediation– Inform parents of availability of free or low-Inform parents of availability of free or low-

cost legal and other servicescost legal and other services– Provide a procedural safeguards notice to Provide a procedural safeguards notice to

parents (unless this has already been done)parents (unless this has already been done)– Find a hearing officer within 5 business days Find a hearing officer within 5 business days

of receiving notice of Due Process hearingof receiving notice of Due Process hearing– Schedule a resolution session within 15 Schedule a resolution session within 15

calendar days of receiving noticecalendar days of receiving notice

Due Process Hearing (cont.)Due Process Hearing (cont.)

The focus of the hearing is on whether the The focus of the hearing is on whether the child received a FAPEchild received a FAPE

A decision must also address:A decision must also address:– Whether the school gave the parents proper Whether the school gave the parents proper

notice of procedural safeguardsnotice of procedural safeguards– Whether the child has a disabilityWhether the child has a disability– Whether the child needs special education or Whether the child needs special education or

servicesservices– Whether the school is providing FAPE to the Whether the school is providing FAPE to the

childchild

Due Process Hearing – AppealDue Process Hearing – Appeal

The hearing officer’s decision is due within The hearing officer’s decision is due within 45 calendar days of the request for a 45 calendar days of the request for a hearing or 45 days after the resolution hearing or 45 days after the resolution periodperiod

If you are unhappy with the decision If you are unhappy with the decision reached at the Due Process Hearing, you reached at the Due Process Hearing, you have a right to appeal the decision to the have a right to appeal the decision to the Virginia Department of EducationVirginia Department of Education– Must allege either that new information has Must allege either that new information has

become available or that the finding was based become available or that the finding was based on an error of fact or lawon an error of fact or law

Right to Bring a Civil ActionRight to Bring a Civil Action

If a parent is not satisfied by the If a parent is not satisfied by the result of the Due Process Hearing or result of the Due Process Hearing or their child’s placement, (s)he may their child’s placement, (s)he may file suit.file suit.– Must be filed within 90 business days of Must be filed within 90 business days of

the decision of the hearing officer under the decision of the hearing officer under IDEAIDEA

Documents

Know Your Rights!