Special Education Law for Parents. Sarah Biehl Statewide attorney Ohio State Legal Services Association February 12, 2009

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Conrad Owen
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1 Special Education Law for Parents Sarah Biehl Statewide attorney Ohio State Legal Services Association February 12,

2 Laws Affecting the Educational Rights of Children with Disabilities Individuals with Disabilities Education Improvement Act of 2004 (IDEA) Section 504 of the Rehabilitation Act of 1973 Americans with Disabilities Act (ADA) No Child Left Behind Act (NCLB) Family Educational Rights and Privacy Act (FERPA) McKinney-Vento Homeless Education Assistance Improvement Act of

3 Basic elements IDEA overview A Free Appropriate Public Education (FAPE) In the Least Restrictive Environment (LRE) As provided for in the Individualized Education Program (IEP) 3

4 Free Appropriate Public Education (FAPE) Free at no cost to the parent/guardian Appropriate specially designed to provide the child with access to the general education curriculum, based on the child s needs and abilities, as laid out in the child s Individualized Education Program (IEP). Under the IDEA, children are entitled to an education designed to produce educational progress (not the best possible education). 4

5 Free Appropriate Public Education (FAPE) Public services provided to the child at public expense Education includes both education classroom activities, lessons, subject matter and related services Related services might include, for example, transportation, occupational therapy, speech or language therapy 5

6 Least Restrictive Environment (LRE) To the maximum extent possible, children with disabilities must be educated with their typical peers. Removing a child from his or her regular education classroom should only be done when a satisfactory education cannot be achieved in the regular classroom (with supplementary aides and services). 6

7 Referral Initial Evaluation The Process Evaluation Team Report (ETR) IEP IEP Team IEP Meeting IEP Meeting Pointers A Note About Behavior Due Process Hearings and State Complaints 7

8 The Process: Referral A parent or any school personnel can refer any child between the ages of 3 and 21 for an evaluation. The parent should request the evaluation in writing and must give his or her informed consent before the evaluation can be done. Once an evaluation is requested, the school district must respond in writing within 30 days, and once the parent gives consent, the evaluation must be done within 60 days. 8

9 The Process: Initial Evaluation Used to determine whether the child has a disability and is eligible for special education services Identifies the child s needs and strengths so an IEP can be written it must be multi-factored, multidisciplinary, unbiased, in the child s native language, and comprehensive. School and parents must develop an evaluation plan that includes data, observations, and information provided by the child s parents 9

10 The Process: Evaluation Team Report (ETR) Once the evaluation is completed, the parent, school personnel, and other qualified individuals meet to determine whether the child has a disability and write their conclusions in the ETR. The parent has a right to disagree with the evaluation and may request an independent evaluation at the school district s expense. Parents can request a due process hearing if the school refuses to pay for independent evaluation. 10

11 The Process: Evaluation Team Report (ETR) If a parent obtains an independent evaluation on her own, the school must consider the results of that evaluation. Any team member may choose NOT to sign the ETR and submit a statement of why they disagree. Reevaluations must be done at least every 3 years, or sooner if the IEP team agrees (parents may request a new evaluation if needed), OR before any change in eligibility for services. 11

12 The Process: IEP Team The IEP Team meets to write up the foundation for the child s special education services, the IEP. The IEP must be in place within 30 days of the completion of the evaluation. The IEP team must include the parent, the child s regular and special education teachers, a school district representative, a person who can interpret the instructional implications of evaluation results, other individuals who have knowledge or special expertise, and, if appropriate, the child. 12

13 The Process: IEP Team Other individuals may include occupational, speech, or language therapists, counselors, school principal, bus driver, school nurse, aides, behavior experts, physicians, lawyers. The school district is required to ensure that one or both parents are present at each IEP team meeting! Must send notice early enough to ensure attendance Must schedule meeting at a mutually agreed time and place 13

14 The Process: IEP Meeting In developing a child s IEP, the IEP team must consider: The strengths of the child The concerns of the parents The results of the most recent evaluation The academic, developmental, and functional needs of the child Special factors, including behavior, English proficiency, the child s communication needs, assistive devices and technology 14

15 The Process: IEP Meeting Parents have a right to inspect and review all of the child s education records with respect to: The identification, evaluation, and educational placement of the child, and The provision of FAPE to the child. The school must ensure that the parent is a member of any group that makes decisions on the child s educational placement. 15

16 The Process: IEP Meeting The IEP team must ensure that the family and child s preferences and interests are an essential part of the IEP planning process. Ohio s administrative rules retain the requirement that measurable annual goals include benchmarks and short-term objectives (the federal law and regulations omitted this requirement in 2004). 16

17 IEP Meeting Pointers If your child is behind academically, insist that the IEP team consider Extended School Year (ESY) services. Most schools are reluctant to offer this, so you most likely will have to bring it up. Specifically address the intensity, frequency, and duration of each service. Avoid imprecise language for example, Student will receive up to 90 minutes per week of counseling. List services by minimum amounts ( shall receive a minimum of 90 minutes per week ) 17

18 IEP Meeting Pointers Put everything the IEP Team agrees to in writing, and make sure it is written clearly and specifically. School are not required to do anything that is not written in the IEP. Don t forget or assume the school will provide related services, including transportation, speech and language therapies, counseling, classroom aides anything that allows the child to reach, enter, exit, or remain in school each day. 18

19 IEP Meeting Pointers If the child will spend all or part of the day outside of the regular education classroom, the IEP should specify why and under what circumstances, if any, the child will return to the regular classroom. Do not let the school rush through their draft of the IEP because you re short on time or because someone on the team has to leave. Insist that the IEP Team choose another day to come back and finish writing the IEP. 19

20 IEP Meetings: A Note About Behavior Children should not be punished for behavior they cannot control or have not been taught how to control. The IDEA requires the IEP team to consider the use of positive behavior interventions and supports (PBIS) whenever behavior impedes the child s learning or that of others. 20

21 IEP Meetings: A Note About Behavior A Functional Behavioral Assessment (FBA) is a tool used to identify and evaluate the sources and functions of a child s behavior. The IEP team uses the FBA to design a Behavior Intervention Plan (BIP) for the child. A BIP is a step-by-step plan for addressing a child s behavior problems. The IEP team should write a BIP every time behavior is impeding a child s educational progress. 21

22 IEP Meetings: A Note About Behavior The BIP should focus on positive interventions teaching the child appropriate behaviors to achieve the goals (functions) she seeks to achieve with her negative behaviors. The IEP team is required to write a BIP any time a child is disciplined and the team determines that his behavior is a manifestation of his disability. 22

23 Due Process Hearings and State Complaints These are the tools you use when diplomacy and negotiations fail. State complaint: A parent (or anyone) submits concerns in writing to ODE. ODE reviews written and signed allegations concerning violations of state or federal special education law and can order the school district to act, change a policy or procedure, or refrain from doing something illegal. 23

24 Due Process Hearings and State Complaints Due Process Hearing: Either a parent or the school may request an impartial due process hearing to resolve disagreements about the identification, evaluation and placement of a student or the provision of Free Appropriate Public Education (FAPE). The hearing is conducted by an impartial hearing officer who is selected by the parties or appointed by ODE. 24

25 Due Process Hearings and State Complaints The Ohio rules require ODE to ask whether you want to participate in mediation with the school before your hearing, but you do not have to agree to mediation or accept the mediated solution if you agree to it and then change your mind. ODE publishes on its website Q&A information on each process and has forms you can (but don t have to) use to submit your due process request or state complaint. 25

26 Need More Help? Free legal services for low-income Ohioans: or LAW-OHIO Ohio Legal Rights Service: or Wrightslaw: free information and advice Ohio Department of Education: Ohio Coalition for the Education of Children with Disabilities: National Dissemination Center for Children with Disabilities: OSEP Assistance Center on Positive Behavior Interventions and Supports: 26

Annual Public Notice of Special Education Services and Programs for Students with Disabilities

1 Annual Public Notice of Special Education Services and Programs for Students with Disabilities Mastery Charter School publishes the following Annual Notice in the school s Parent-Student Handbook and