What Professionals Need to Know to Promote Parent Advocacy EHDI 2007 Leeanne Seaver, M.A. Executive Director Hands & Voices National Judy Harrison, M.A

What Professionals Need to KnowWhat Professionals Need to Knowto Promote Parent Advocacyto Promote Parent Advocacy

EHDI 2007EHDI 2007

Leeanne Seaver, M.A.Executive DirectorHands & Voices National

Judy Harrison, M.A.Senior Director of Professional ProgramsAlexander Graham Bell AssociationFor the Deaf and Hard of Hearing

Barbara Raimondo, JDStaff AttorneyNational Association of the Deaf

Early Intervention Early Intervention PrinciplesPrinciples

& Transition & Transition to Part Bto Part B

Infants and Toddlers with Disabilities, Infants and Toddlers with Disabilities, Part C, IDEA and EHDIPart C, IDEA and EHDI

WORKING TOGETHER TO MAKE A DIFFERENCEWORKING TOGETHER TO MAKE A DIFFERENCE

Legislation: 20 USC §1431-1445 et.seq. Legislation: 20 USC §1431-1445 et.seq.

Regulations: Not published as yet—Dept. of Ed.Regulations: Not published as yet—Dept. of Ed.

H.R. 1198 Public Health service Act --Reauthorization H.R. 1198 Public Health service Act --Reauthorization

Federal Budget Appropriations Process $$Federal Budget Appropriations Process $$ UNHS and Part C under Labor HHSUNHS and Part C under Labor HHS

Copyright 2007 Gerri HannaCopyright 2007 Gerri Hanna

Buzz Words…Buzz Words…

Eligible or NOT (Deficit Model)Eligible or NOT (Deficit Model) Modes of Communication Modes of Communication Service Coordination Activities Service Coordination Activities Natural Environments Natural Environments Speech, Cued, Sign, Audiological Speech, Cued, Sign, Audiological

ServicesServices Parent Training ActivitiesParent Training Activities Assistive Technology—Hearing Aids $$$Assistive Technology—Hearing Aids $$$ Transition to Preschool!Transition to Preschool!


IFSP: Individualized Family Service PlanIFSP: Individualized Family Service Plan

Family Centered under IDEA Family Centered under IDEA Family Supports under EHDIFamily Supports under EHDI Peer Reviewed ResearchPeer Reviewed Research Family Choice vs. AppropriatenessFamily Choice vs. Appropriateness Natural Environment ?? is the Natural Environment ?? is the

HOME? HOME? PLUS: All the OTHER STUFFPLUS: All the OTHER STUFF


FAMILY FAMILY FAMILYFAMILY FAMILY FAMILYWhat do families say??What do families say??

Service coordination/EHDI activities to provide Service coordination/EHDI activities to provide comprehensive information about resources, service comprehensive information about resources, service options, communication methods and be unbiased. options, communication methods and be unbiased. (research based from family surveys)(research based from family surveys)

Experienced personnel with background, training and Experienced personnel with background, training and expertise in hearing loss.expertise in hearing loss.

Program and service options and placements. Program and service options and placements.

HOW DO WE DO THIS???????????HOW DO WE DO THIS???????????


Take Action!Take Action! IDEA Part C, Comment Periods and testimony IDEA Part C, Comment Periods and testimony

locations on the regulations will be announced when locations on the regulations will be announced when the regulations are released. the regulations are released.

Support for House and Senate EHDI Bills and Support for House and Senate EHDI Bills and Appropriations can be a grassroots advocacy Appropriations can be a grassroots advocacy initiative through you as a constituent in your home initiative through you as a constituent in your home districts. districts.

Continued collaboration and interagency agreements Continued collaboration and interagency agreements between EHDI and Part C.between EHDI and Part C.

ASK US TO ASSIST YOU!ASK US TO ASSIST YOU!


General Principles of General Principles of the Individuals With the Individuals With

Disabilities Act:Disabilities Act:

IDEA

FAPE: Free & Appropriate Public EducationFAPE: Free & Appropriate Public Education Special education and related servicesSpecial education and related services

public expensepublic expense public supervision and directionpublic supervision and direction meet SEA standardsmeet SEA standards in conformity with individualized education in conformity with individualized education

program (IEP)program (IEP) Special education – specially designed instructionSpecial education – specially designed instruction Related services – services that allow a child to Related services – services that allow a child to

benefit from special educationbenefit from special education Goal: to have child access and progress in Goal: to have child access and progress in

general curriculumgeneral curriculum

Question: What is needed to help the child access and progress Question: What is needed to help the child access and progress in the general curriculum? How should instruction be in the general curriculum? How should instruction be designed? What related services will support the special designed? What related services will support the special education of the child?education of the child?

Copyright 2007 B. Raimondo

EvaluationEvaluation Not racially or culturally discriminatoryNot racially or culturally discriminatory Language and form most likely to yield Language and form most likely to yield

accurate information on what the child accurate information on what the child knows and can do academically, knows and can do academically, developmentally, and functionallydevelopmentally, and functionally

Valid and reliable Valid and reliable Trained and knowledgeable personnelTrained and knowledgeable personnel

Question: Do evaluators have experience evaluating Question: Do evaluators have experience evaluating deaf and hard of hearing children? Are the deaf and hard of hearing children? Are the assessments appropriate? What is done with assessments appropriate? What is done with evaluation and assessment data?evaluation and assessment data?


IEP: Individualized Education ProgramIEP: Individualized Education Program Present levels of academic achievement and Present levels of academic achievement and

functional performance, based on datafunctional performance, based on data Measurable annual goals, including academic and Measurable annual goals, including academic and

functional goals, and aligned with general curriculum functional goals, and aligned with general curriculum Special education and related services and Special education and related services and

supplementary aids and services to be provided to supplementary aids and services to be provided to the child, or on behalf of the childthe child, or on behalf of the child

Explanation of the extent, if any, to which the child Explanation of the extent, if any, to which the child will not participate with nondisabled children in the will not participate with nondisabled children in the regular class and in other activitiesregular class and in other activities

Statement of accommodations that are necessary to Statement of accommodations that are necessary to measure the academic achievement and functional measure the academic achievement and functional performance of the child on State and district-wide performance of the child on State and district-wide assessmentsassessments

Questions: Are parents involved in pre-meeting preparation? Are Questions: Are parents involved in pre-meeting preparation? Are they provided an opportunity to give their views? Are they viewed they provided an opportunity to give their views? Are they viewed as experts on their child?as experts on their child?


Least Restrictive EnvironmentLeast Restrictive Environment To the maximum extent appropriate, children

with disabilities . . . are educated with children who are not disabled . . .

Continuum of alternative placements Settings must meet communication and related

needs of the child Regular classroom is an appropriate placement

for some children who are deaf, but for others it is not

Individual placement determination about LRE is to be considered within the context of FAPE

LRE determined only after IEP is developed that addresses full range of child’s needs

Question: Does the professional fully explain to the parent the choices and options available to them and their child? Are choices and options available?


Parent/Student Participation in Parent/Student Participation in Making DecisionsMaking Decisions

Integral role in developing the IEPIntegral role in developing the IEP Part of the group that decides placementPart of the group that decides placement Can challenge the school’s decisions if Can challenge the school’s decisions if

they disagreethey disagree Protected by procedural safeguardsProtected by procedural safeguardsQuestions: Does the professional ensure that parents Questions: Does the professional ensure that parents

receive and understand sufficient information so that receive and understand sufficient information so that they can be equal participants? Does the they can be equal participants? Does the professional fully explain to the parent what is being professional fully explain to the parent what is being proposed? Is information sent to the family well in proposed? Is information sent to the family well in advance for review?advance for review?


ReferenceReference

Benedict, B. & Raimondo, B. (2003). Family Benedict, B. & Raimondo, B. (2003). Family Rights, Legislation, and Policies. In B. Johnson & Rights, Legislation, and Policies. In B. Johnson & M. Sass-Lehrer, eds., M. Sass-Lehrer, eds., The Young Deaf or Hard of The Young Deaf or Hard of Hearing Child Hearing Child (pp. 61-95. Baltimore: Paul H. (pp. 61-95. Baltimore: Paul H. Brookes Publishing Company.Brookes Publishing Company.

What does the law say about What does the law say about students who are deaf or hard students who are deaf or hard

of hearing?of hearing?

IDEA’s IDEA’s Special ConsiderationsSpecial Considerations for Students for Students Who Are Deaf or Hard of HearingWho Are Deaf or Hard of Hearing

““In the development, review and revision of an IEP…In the development, review and revision of an IEP…consideration of special factors:consideration of special factors:

(iv) (iv) Consider the communication needs of the child, and in the Consider the communication needs of the child, and in the case of the child who is deaf or hard of hearing, consider case of the child who is deaf or hard of hearing, consider the language and communication needsthe language and communication needs, , opportunities for opportunities for direct communicationdirect communication with peers and with peers and professionals in the child’s language and communication professionals in the child’s language and communication mode,mode, academic level,academic level, and full range of needs including opportunities for direct and full range of needs including opportunities for direct instruction in the child’s language and communication mode,instruction in the child’s language and communication mode, andand

(v) Consider whether the child requires assistive communication (v) Consider whether the child requires assistive communication devices and services.”devices and services.”

IDEA Statute Sec. 614 (3) (B)IDEA Statute Sec. 614 (3) (B)& Regs: Section 300.324 (2) (iv) (v) & Regs: Section 300.324 (2) (iv) (v)

2004 Reauthorization Impacts You Need to Know…2004 Reauthorization Impacts You Need to Know…

Evaluation ProceduresEvaluation Procedures require the require the gathering of “academic” information & gathering of “academic” information & that the “language and form most that the “language and form most likely to yield accurate information on likely to yield accurate information on what the child knows and can do what the child knows and can do academically, developmentally, and academically, developmentally, and functionallyfunctionally, unless it is not feasible to , unless it is not feasible to do so” rather than in the child’s native do so” rather than in the child’s native language” (Sec. 615(b)).language” (Sec. 615(b)).

Strengthening the role and Strengthening the role and responsibilityresponsibility of parents (in Findings) of parents (in Findings)

Transition Services are to be more Transition Services are to be more results oriented “focused on improving results oriented “focused on improving academic and functional achievement academic and functional achievement of a child with a disability to facilitate” of a child with a disability to facilitate” movement from school to …….. (Sec. movement from school to …….. (Sec. 602 (34))602 (34))

If the LEA representative is excused If the LEA representative is excused from the staffing, from the staffing, a team member a team member present must be authorized to commit present must be authorized to commit the LEA.the LEA.

Procedural Safeguards distributed Procedural Safeguards distributed less-less--once annually, or at the initial -once annually, or at the initial referral or request for evaluation, upon referral or request for evaluation, upon filing a complaint, or at the request of filing a complaint, or at the request of the parent.the parent.

Parents can initiate a request for Parents can initiate a request for an initial evaluationan initial evaluation, which must be , which must be completed within 60 calendar days completed within 60 calendar days (unless state regs require a tighter (unless state regs require a tighter timeframe).timeframe).

The The Determination of EligibilityDetermination of Eligibility must also serve as an evaluation of must also serve as an evaluation of the the Educational NeedsEducational Needs of the of the student.student.

Parents must approve in writingParents must approve in writing the absence of any required member the absence of any required member of the IEP team.of the IEP team.

Copyright 2007 Hands & VoicesCopyright 2007 Hands & Voices

New with 2004 ReauthorizationNew with 2004 Reauthorization““Medical device that is surgically implanted or the replacement of such Medical device that is surgically implanted or the replacement of such

device” device” is excluded from the definition of an assistive technology is excluded from the definition of an assistive technology device or related service.device or related service. Sec. 602 (1)(B) & Regs at Sec. 300.34 Sec. 602 (1)(B) & Regs at Sec. 300.34 Related ServiceRelated Service

PART B RELATED SERVICES 34CFR300.34(b) PART B RELATED SERVICES 34CFR300.34(b) Exception; services that apply to children with surgically Exception; services that apply to children with surgically

implanted devices, including cochlear implants.implanted devices, including cochlear implants.(1) Related services do not include a medical device that is (1) Related services do not include a medical device that is

surgically implanted, the optimization of that device’s surgically implanted, the optimization of that device’s functioning (e.g., mapping), maintenance of that device, functioning (e.g., mapping), maintenance of that device, or the replacement of that device.or the replacement of that device.

(2) Nothing in paragraph (b)(1) of this section—(2) Nothing in paragraph (b)(1) of this section—(i) Limits the right of a child with a surgically implanted device (i) Limits the right of a child with a surgically implanted device

(e.g., cochlear implant) to receive related services (as (e.g., cochlear implant) to receive related services (as listed in paragraph (a) of this section) that are determined listed in paragraph (a) of this section) that are determined by the IEP Team to be necessary for the child to receive by the IEP Team to be necessary for the child to receive FAPE.FAPE.

(ii) Limits the responsibility of a public agency to appropriately (ii) Limits the responsibility of a public agency to appropriately monitor and maintain medical devices that are needed to monitor and maintain medical devices that are needed to maintain the health and safety of the child, including maintain the health and safety of the child, including breathing, nutrition, or operation of other bodily functions, breathing, nutrition, or operation of other bodily functions, while the child is transported to and from school or is at while the child is transported to and from school or is at school; orschool; or

(iii) Prevents the routine checking of an external component (iii) Prevents the routine checking of an external component of a surgically-implanted device to make sure it is of a surgically-implanted device to make sure it is functioning properly, as required in §300.113(b).functioning properly, as required in §300.113(b).

PART B ROUTINE CHECKING OF PART B ROUTINE CHECKING OF HEARING AIDS AND EXTERNAL HEARING AIDS AND EXTERNAL COMPONENTS OF SURGICALLY COMPONENTS OF SURGICALLY IMPLANTED MEDICAL DEVICES IMPLANTED MEDICAL DEVICES 34CFR300.11334CFR300.113

Hearing aids. Each public agency must ensure that hearing aids worn in school by children with hearing impairments, including deafness, are functioning properly.

External components of surgically implanted medical devices.

(1) Subject to paragraph (b)(2) of this section, each public agency must ensure that the external components of surgically implanted medical devices are functioning properly.

(2) For a child with a surgically implanted medical device who is receiving special education and related services under this part, a public agency is not responsible for the post-surgical maintenance, programming, or replacement of the medical device that has been surgically implanted (or of an external component of the surgically implanted medical device).

IEP Impacts Include…IEP Impacts Include…. . Benchmarks or short-term objectives deletedBenchmarks or short-term objectives deleted; ; only required only required

for students taking alternative assessments. (Sec 614 (A) (2))for students taking alternative assessments. (Sec 614 (A) (2))

. . A statement of measurable annual goalsA statement of measurable annual goals including including ““academic & functional”academic & functional” goals. (IDEA 614 (i) II) goals. (IDEA 614 (i) II)

. ID accommodations necessary to measure the academic . ID accommodations necessary to measure the academic achievement and functional performance of the child on state & achievement and functional performance of the child on state & district assessments (VI)(aa)district assessments (VI)(aa)

. . IEP progressIEP progress towards annual goals must be towards annual goals must be reported reported “concurrent with the issuance of report cards”“concurrent with the issuance of report cards” (Sec. 614(d)(1)(Sec. 614(d)(1)(A)(i)(III).(A)(i)(III).

. . IEP services & supplementary aids must be qualified with IEP services & supplementary aids must be qualified with “based “based on peer-reviewed research to the extent practicable”. on peer-reviewed research to the extent practicable”. (Sec (Sec 614 (4))614 (4))

. . Parents & school IEP teams can agree to change an IEP w/o Parents & school IEP teams can agree to change an IEP w/o convening a full staffing via the convening a full staffing via the amended IEP.amended IEP. (Sec. 614 (3) (D)) (Sec. 614 (3) (D))


Case law gems…Case law gems… Deal v Hamilton Board of Education (6Deal v Hamilton Board of Education (6thth Circuit, Circuit,

2004) Here’s the 2004) Here’s the Deal:Deal: “Meaningful Educational “Meaningful Educational Benefit must be gauged by the child’s Benefit must be gauged by the child’s potentialities” – seen as a potentialities” – seen as a Maximizing StandardMaximizing Standard

L.B. v Nebo School District (10L.B. v Nebo School District (10thth Cir., 2004) High Cir., 2004) High functioning child with autism cannot be placed in functioning child with autism cannot be placed in school’s non-categorical preschool due to school’s non-categorical preschool due to “window of opportunity” requiring super-FAPE!“window of opportunity” requiring super-FAPE!


Efforts to make the Efforts to make the system more system more responsive…responsive…

How do we strengthen services & supportsHow do we strengthen services & supports for students who are deaf or hard of hearing?for students who are deaf or hard of hearing?

““Meeting the Needs of Students Who Are Deaf or Hard of Meeting the Needs of Students Who Are Deaf or Hard of Hearing”Hearing” Educational Services Guidelines updated & Educational Services Guidelines updated & published by NASDSE, July 2006published by NASDSE, July 2006

The National Deaf Education Project seeks to fix a ‘flawed’ The National Deaf Education Project seeks to fix a ‘flawed’ law thru legislation law thru legislation www.ndepnow.orgwww.ndepnow.org

National Leaders SummitNational Leaders Summit calls for stakeholder commitment calls for stakeholder commitment to systemic improvement via to systemic improvement via The National AgendaThe National Agenda..

Deaf Child’s Bill of RightsDeaf Child’s Bill of RightsState legislation has been passed in Colorado, State legislation has been passed in Colorado,

Hawaii, California, Louisiana, South Dakota, and New Hawaii, California, Louisiana, South Dakota, and New Mexico, to address the unique needs of students who are Mexico, to address the unique needs of students who are d/hh…beyond the limits of the IDEA.d/hh…beyond the limits of the IDEA.

POWERPLAY:POWERPLAY: a state DCBR plus a state DCBR plusIDEA’s IDEA’s Special ConsiderationsSpecial Considerations! !

Examples from New Mexico & Colorado’s Examples from New Mexico & Colorado’s Deaf Child’s Bill of Deaf Child’s Bill of RightsRights……

. Requires a Communication Plan or Communication . Requires a Communication Plan or Communication Considerations as addendum to every d/hh student’s IEPConsiderations as addendum to every d/hh student’s IEP

. Creates a mechanism to promote discussion about the . Creates a mechanism to promote discussion about the unique needs of the student relative to:unique needs of the student relative to:

- Language & Communication, and student’s proficiency- Language & Communication, and student’s proficiency- Opportunities for direct communication & direct - Opportunities for direct communication & direct

instructioninstruction- Peers & DHH adult role models- Peers & DHH adult role models- Accommodations & access to instruction/extra-- Accommodations & access to instruction/extra-

curricular curricular activities activities- Staff ability, support services, and educational - Staff ability, support services, and educational

placementplacement

. Avoids the ‘checklist’ approach. Avoids the ‘checklist’ approach

. Operationalizes the IDEA’s . Operationalizes the IDEA’s ‘special considerations’‘special considerations’ for DHH for DHHCopyright 2007 Hands & VoicesCopyright 2007 Hands & Voices

Your questions & input…Your questions & input…

Hands & Voices NationalHands & Voices National

Leeanne SeaverLeeanne Seaver

[email protected]@hndsandvoices.org

www.www.handsandvoiceshandsandvoices.org.org

ASDC ASDC Barbara RaimondoBarbara [email protected]

AG Bell AG Bell Gerri HannaGerri [email protected]

Other great advocacy resources:

. www.wrightslaw.com

. www.ndepnow.org

. www.copaa.net

. www.pacer.org

Contact information & further resources…

Documents

What Professionals Need to Know to Promote Parent Advocacy EHDI 2007 Leeanne Seaver, M.A. Executive Director Hands & Voices National Judy Harrison, M.A