NAVIGATING THE IEP PROCESS: ADVOCACY TIPS FOR PARENTS ... · Once a student is qualifies for special education, they need a plan to help them succeed. An IEP serves as a roadmap,

N AV I G AT I N G T H E I E P P R O C E S S :

A D V O C A C Y T I P S F O R PA R E N T S , P R O V I D E R S , A N D T E E N S

M AT T H E W TO L L I V E R , P H . D.DAV I D WO O D, M D, M P H

N OV 7 - 8 , 2 0 1 9 : S TAY I N G A L I V E K Y C O N F E R E N C E

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Navigating the IEP Process: Advocacy Tips for Parents, Providers, and Teens

• Neither we nor any members of our immediate family have a financial interest/arrangement or affiliation that could be perceived as a real or apparent conflict of interest related to the content or supporters of this activity.

DISCLOSURE

LEARNING OBJECTIVES

Review the IEP eligibility process

Understand the key parts of an IEP

Understand how to support transition from school to work under an IEP

Presenter

Presentation Notes

1. Review the IEP eligibility process 2. Understand the key parts of an IEP 3. Understand how to support transition from school to work under an IEP

WHY DISCUSS IEPS HERE?

• Youth with severe mental health concerns may benefit from an IEP

SPECIAL EDUCATION

• Special Education: ”Individualized education for children and youth with exceptional learning needs, provided at no cost to the student’s parents, that meets the unique academic and/or functional needs of the student.”

• 2016: 13% of public school students (>6 million) had a disability that affected their learning

• 92%: at least some time in general education classes

https://iris.peabody.vanderbilt.edu/module/iep01/cresource/q1/p01/#content

ELIGIBILITY FOR SPECIAL EDUCATION SERVICES • autism

• deaf-blindness• deafness• emotional disturbance• hearing impairment• intellectual disability• multiple disabilities• orthopedic impairment• other health impairment• specific learning disability• speech or language impairment• traumatic brain injury• visual impairment (including blindness)• In some states…developmental delay

1. Must have 1+ qualifying disability

2. The disability must adversely affect educational performance

Presenter

Presentation Notes

In 2016, approximately 13 percent of all public school students—more than 6 million—had disabilities that affected their learning. receiving special education services does not mean that students with disabilities will spend their school day entirely in separate special education classrooms. In fact, quite the contrary. Of the 6.8 million students cited above, 92% spent at least some portion of the day in general education classrooms being taught by general education teachers, though often with the support of professionals that include special educators and related service providers. An IEP is a written plan, developed collaboratively by school personnel and a student’s parents, which outlines the student’s current level of development, her annual educational goals, special education services, accommodations, modifications, and related services, as well as a method for monitoring and reporting the student’s progress toward achieving her goals.

MINOR DETOUR: SPECIFIC LEARNING DISABILITIES

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Psychoed testing!!STAT!!!

http://atomthought.com/

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http://mikkoriumaplv.blogspot.com/2011/06/superacion-de-alergia-leche.html


http://reasonablywell-julia.blogspot.com/2010_11_01_archive.html

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Psychoed testing!!STAT!!!

RTI….Ασδ ασδφλ; σαδΣδαφϕ 23 ασδφ

Data…

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http://elbuhoanacleto.blogspot.com/2014_01_01_archive.html


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Response to Instruction and InterventionRTI2 for TN

Need 4+ data points before any changes are made

10-15 (weekly) or 8-10 (bimonthly)Tier II data points needed before moving to Tier III

10-15 (weekly) or 8-10 (bimonthly)Tier III data points needed before moving IEP eval

Presenter

Presentation Notes

Once a student is qualifies for special education, they need a plan to help them succeed. An IEP serves as a roadmap, outlines specific supports and accommodations to give the student the best possible chance of success. It is a contract between the school, the student, and the caregivers. There are special rules around how it is developed. IEPs described in law (IDEA) but clarified by litigation.

ENDREW F. V. DOUGLAS COUNTY SCHOOL DISTRICT

When all is said and done, a student offered an educational program providing [minimal] progress from year to year can hardly been said to have been offered an education at all. For children with disabilities, receiving instruction that aims so low would be tantamount to ‘sitting idly…awaiting the time they were old enough to drop out. The IDEA demands more.

Endrew F. v. Douglas County School District, 2017

Schools must provide students an education that is "reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances."

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Endrew had an IEP but was not making much progress in grades 1-4. He was having severe behavioral issues. When the school created his 5th grade IEP that was similar to this 4th grade IEP, his parents removed him from school and enrolled in a $70,000 private school specializing in helping children with autism. He improved substantially and his parents sued the school district. The case went the the Supreme Court and eventually the school had to pay over $1 million to the family. Set a new standard for IEPs. It is not enough that children make the most minimal improvements. Change in standards: “A student who made no educational progress whatsoever—received no educational benefit—would not meet the de minimis standard. However, a student who made anything more than no progress—even just a tiny amount of progress—would meet the substantive standard. The Supreme Court’s ruling in Endrew created a higher substantive standard that must now be used to determine educational benefit: An IEP must be “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”” – IRIS An IEP has to be technically sound, but also has to be educationally meaningful.

REQUIREMENTS

• Procedurally sound (follow the right procedures in development)

• Educationally relevant (makes a difference)

• Implementable (services/supports provided as written)

PRE-REFERRAL PROCESS

• Teachers/schools try out minor changes to see if that is enough to help. If not, students are referred for an IEP evaluation

IDEA GUIDING PRINCIPALS

• Complete, individualized evaluation• Free appropriate public education (FAPE)• Individualized education program (IEP) • Least restrictive environment • Parent participation• Procedural safeguards

Presenter

Presentation Notes

Complete, individualized evaluation: All areas of the suspected disability must be assessed, including any specific parental concerns. The results of this assessment must be comprehensive enough to identify all of the student’s relevant academic and functional needs in order to guide future instructional decisions. Free appropriate public education (FAPE): Each eligible student with a disability—one whose disability adversely affects school performance—is entitled to FAPE that is individualized to meet his or her unique needs and provided in conformity with that student’s IEP. Individualized education program (IEP): An IEP is a written statement of the special education services provided to meet the unique needs of a student with a disability between the ages of 3 and 21. The IEP, a blueprint of the student’s FAPE, is developed in collaboration with the student’s parents. Least restrictive environment (LRE): FAPE is to be provided alongside peers without disabilities in the general education settings to the greatest extent possible. Removal from the general education setting should only occur in instances when the nature or severity of the disability is such that an appropriate education cannot be satisfactorily achieved in that setting, even with the use of supplementary aids and services. Parent participation: The most basic of IDEA’s requirements is that parents are full and equal participants with the school district personnel on their child’s IEP team—a group that includes a variety of education professionals, the student’s parents, and the student, when appropriate. Procedural safeguards: In addition to the right to active participation, parents have additional rights that include: Giving informed written consent for their child to be evaluated, and to seek an independent evaluation if they feel compelled to do so Access to their child’s educational records Dispute resolution through steps that can include state complaint, mediation, a resolution session, and/or a due process hearing Explanation of these rights in writing, and in their native language when possible

STEPS OF THE IEP PROCESS1 • Referral

2 • Evaluation

3 • Eligibility determination

4 • IEP development

5 • IEP Implementation

6 • Annual review

7 • Re-evaluation

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Presentation Notes

Discuss timelines and parental role at each step

PA R T S O F A N I E P

T R A N S I T I O N S U P P O R T

IEP TO PROMOTE SELF CARE SKILLSPresent levels of performance:

• “Sarah knows which meds she takes daily. She needs reminders during lunch and PM recess.”

• This year, Sarah missed 10 school days because of pressure sores. She needs to learn ways to move in her wheelchair to reduce risk of pressure sores so she doesn’t miss school.”

Goals/Objectives:

• “Sarah will follow a picture schedule throughout the day to independently take her meds without adult prompt 4 out of 5 days per week.”

• “Sarah will learn a routine of chair exercises that she uses during gym class to reduce the chance of pressure sores.”

Accommodations/Modifications

• Use of a picture schedule in order to keep track of daily routines and protocols.

• Use of an alarm watch to use in remembering medical schedules.

Adapted from the Southern Regional CYSHCN Center at the Waisman Center UCEDD: Health Conditions and the IEP Process

TRANSITION• Starting at age 14, think ahead and begin to link IEP goals to post-school outcomes

(independent self care, management of health conditions)

• Employment/vocational training

• Independent living skills

• Post-secondary education

• Community life

• Leisure and recreation

Adapted from the Southern Regional CYSHCN Center at the Waisman Center UCEDD: Health Conditions and the IEP Process

R E S O U R C E S T O L E A R N M O R E

IEP FORM LETTER (Date)(School Site)(Principal)(School Name)(School Address)

RE: (Child’s name, grade)Dear (Principal’s Name): I am the parent of (Child’s name) who is in Ms/Mr. (Teacher’s name)’s class. (Child’s name) has been experiencing school problems for some time now. These problems include: ______. We have been working with the teacher(s) to modify her regular education program, but we have seen (minimal improvement or not improvement). Therefore, I wish to request an assessment of my child for possible special education services according to the provisions of IDEA.

I look forward to working with you within the next 15 days to develop an assessment to begin the evaluation process. Please ensure that I receive copies of the assessment results 1 week prior to the IEP meeting. Thank you for your assistance. I can be reached by phone at (Area Code and Phone Number). The best time to reach me is (times/days). Sincerely,

(Sign Your Name) (Print Your Name) (Address) (Telephone Number)

TNSTEP.ORG

ADDITIONAL RESOURCES

• Wrights Law website

• Book: From Emotions to Advocacy

Documents

NAVIGATING THE IEP PROCESS: ADVOCACY TIPS FOR PARENTS ... · Once a student is qualifies for special education, they need a plan to help them succeed. An IEP serves as a roadmap,