Special Education & Parents’ Rights

Agenda:6:00 Introduction: Special Education and the

New Orleans Educational LandscapeTIERS

6:20 Parents’ Rights & IDEA Rachel Stafford

6:45 Enrollment and Special Education Gabriela Fighetti

7:00 Louisiana Department of EducationSpecial Education Dispute Resolution Process

Lerone Crayton

7:15 Advocacy Resources Available to Parents TIERS

Introduction:Special Education & The New Orleans Educational Landscape

Presented by Teams Intervening Early to Reach all Students (TIERS)

Provide•Professional Development•Coaching•Technical Assistance

Help schools expand their capability to improve results for students served by Special Education programs

Who We Are What We Do

W. Alan Coulter, Ph.D.Jennifer Maynard, Ph.D.

Charter Schools & Special Education

Services

Parents’ Rights & IDEA

Presented by Rachel Stafford Executive Director, Special ServicesRecovery School District

Provide general information regarding special education rights under federal and state law to assist parents in advocating for their child.

IDEA

– Individuals with Disabilities Education Act– The federal law that governs special education

and related services is the Individual with Disabilities Education Act (IDEA).

– IDEA emphasizes the provision of Free Appropriate Public Education (FAPE)

IDEA 2004Six Main Principles

EligibilityChildren (birth through the end of the school year in which they turn age 21) with the following disabilities may be eligible for special education:– Mental disability;– Hearing impairments (including deafness);– Speech or language impairments;– Visual impairments (including blindness);– Emotional disturbance; – Physical or Orthopedic impairments;– Autism;– Traumatic brain injury; – Multiple disabilities;– Developmental Delay (3-8);– Other health impairments (e.g., ADHD, Tourette's, HIV); – Specific learning disabilities; or– Deaf-blindness

Evaluations-Consent

• Must obtain consent from parent before conducting initial evaluation and before providing initial services.

20 U.S.C. 1414(a)(1)(D); 300.300; Bulletin 1706 §301

Special Education• Specially designed instruction, at NO COST TO THE PARENT,

designed to meet the unique needs of a child with a disability.

– Includes: (1) special classroom instruction; (2) special physical education and (3) special vocational education (depending on child’s needs).

– If child cannot attend school, special education may be delivered at home or in the hospital.

– May also include speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State services.

20 U.S.C. 1401(29); §300.39(a); Bulletin 1706 §903

Special Education

Specially designed instruction – means adapting the content, delivery, or methodology as appropriate to

(1) address the needs of an eligible child that result from the child's disability; AND

(2) ensure access of the child to the general curriculum, so that the child can meet the educational standards that apply to all children.

20 U.S.C. 1401 (29); §300.39(b)(3); Bulletin 1706 §903

Special Education

• Related Services – services required to assist a child with a disability to benefit from special education.

Including, but not limited to,

20 U.S.C. 1401 (26); §300.34(a); Bulletin 1706 §903

Early identification and assessment Orientation and mobility services

Transportation Social work services

Speech-language pathology Medical and school health services

Interpreting services Counseling

Psychological services Audiology

Physical and occupational therapy

IEP

Individualized Education Program (IEP) means

“a written statement for each child with a disability that is developed, reviewed and

revised.”

20 U.S.C. 1414(d)(1)(A); §300.320; Bulletin 1706 §320

IEP

• An IEP must contain the following information:– Child’s disability;– Child’s present level of academic

achievement and functional performance; and

– Measurable annual goals, including academic and functional goals.

20 U.S.C. 1414(d)(1)(A) and (d)(6); §300.320(a); Bulletin 1706 §320

Measurable Annual Goals

• The goals should be designed to enable the child to be involved in and make progress in the general education curriculum and include the following:– A statement of how the child’s progress will be

measured.– A statement of when progress reports will be provided.– A statement detailing accommodations needed.– Explanation of the extent, if any, to which child will not

participate with nondisabled children in the regular class or activities.

§300.320(a)(2); Bulletin 1706 §320

IEP Development, Review, and Revision

• IEP Review and Revision– Review at least annually to determine if annual goals for the

student are being achieved; and– Revise the IEP, as needed, to address

• The lack of expected progress towards the child’s annual goals

• Results of any reevaluation• Information about the student provided to, or by, the

parents• The student’s anticipated needs

– During review, regular education teacher must participate in the review and revision of the IEP.

Bulletin 1706 §324(A)

IEP Team

Required Optional • Parent/Guardian;• At least one general education

teacher (if the child is, or may be participating in the regular education environment)

• At least one special education teacher

• A representative of the school system, who knows about special education, the general curriculum, and the availability of services.

• At least one member who can interpret evaluation results.

• When appropriate, the student with a disability.

• School Psychologist• Social Worker• Occupational Therapist• Speech/Language Therapist• Physical Therapist• Student with a disability

Team Cont’d

• Under IDEA 2004, members of an IEP team may be excused from the meeting only when the parent and the school agree IN WRITING.

• If a team member is excused from the meeting, the parent & school must get WRITTEN input before the meeting.

20 U.S.C. 1414(d)(1)(B)-(d)(1)(D); §300.321; Bulletin 1706 §321 (E)

Least Restrictive Environment(LRE)

• Students with disabilities must be educated with non-disabled peers to the maximum extent possible; AND

• Special classes, separate schooling or other removal of children with disabilities may occur ONLY IF the nature or severity of the disability prevents the education in regular classes with the use of supplementary aids and services.

20 U.S.C. 1412 (a)(5); §300.114(a); Bulletin 1706 §114

LRE CONT’D

• Continuum of Placements - The more the child’s education occurs only with other students with disabilities, the more restrictive the placement is.

• The school system must try to meet your child’s needs in a less restrictive setting with supplementary aids and services, as well as provide programmatic supports and modifications for school personnel.

• There is a continuum of placements ranging from a regular education classroom (LRE) to home and hospital instruction (most restrictive).

20 U.S.C. 1412 (a)(5); §300.114, §300.116; Bulletin 1706 §114

Discipline

• Manifest Determination Review (MDR)– Within 10 school days of any decision to change the

placement of a child with a disability because of a violation of the code of student conduct.

• Notice of discipline action pursuant to MDR must be provided to parents of child with a disability. 300.503(h).

Bulletin 1706 §530

Procedural Safeguards

LDOE Parent’s Rights Handbook is available online!

Please visit rsdcharters.org

For Questions or Concerns, Please Contact:

Executive Director of Special Services

Rachel E. Stafford, Esq.rachel.stafford@rsdla.net504.373.6200, ext. 20044 (o) 504.717.9628 (m)

Enrollment & Special Education

Presented by Gabriela Fighetti,Executive Director of EnrollmentRecovery School District

Louisana Department of Education Special Education Dispute Resolution Process for Parents

Presented by Lerone CraytonSpecial Education Specialist, Charter OversightRecovery School District

Special Education Dispute Resolution Processfor Parents

What if my student is not getting the special education services s/he is entitled to?

You have the right to voice your concern.

First, try collaborating with your school.

Try working it out with school leaders and teachers. Many concerns can be solved quickly at the school level.

I’ve tried talking about it with the school… now what?

If your concerns are not addressed even after you’ve talked to your school, you have the option of filing a complaint with the Louisiana Department of Education.

4 Steps to Filing a Formal Complaint

If you disagree with the decision, you may request a reconsideration of the findings in writing to LDE within 10 days of receiving the report.

2.

4.

1.

Send a signed, written complaint to LDE and your school via mail, email, or fax. Describe your issues in detail.

The school is given 15 days to respond with a solution.

3.LDE then has 45 days to launch an investigation and issue a decision to you and to the school.

Who do I contact at the LDE?

Ty ManieriP.O. Box 94064

Baton Rouge, LAtyrell.manieri@la.gov225.342.3572 (phone)

225.342.1197 (fax)

For more information about IEP Facilitation or Mediation, visit:

www.louisianabelieves.com

Advocacy Resources Available to Parents

Presented by Teams Intervening Early to Reach all Students (TIERS)

New Orleans Parent Resource and Advocacy Centers

Thank you!

We encourage you to have refreshments and connect with the presenters and other parents.

Also, don’t forget to take our exit survey before you leave. Thank you!