Parent Rights in Special Education

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Parent Rights in Special Education

• The Individuals With Disabilities Education
  Improvement Act of 2004
• Michelle Fattig, Ed.S.

2
IDEA 2004

• I think the thing that you can pass along
  better than anything else is your passion for
  kids that need somebody to care about what they
  need outside the system rather than how they
  simply need to fit into the system.  Once
  somebody has the heart for kids that are
  different, they won't break any sort of law
  because they will be taking such good care of
  what makes their own life special. 

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IDEA 2004

• The new authorization of special education law,
  which became effective in July 2005 called the
  Individual with Disabilities Education
  Improvement Act or IDEA 2004, allocates money for
  Parent Training and Information Centers. The
  reauthorization changes the original language of
  the act to include the partial statement,
  strengthening the role and responsibility of
  parents and ensuring that families of such
  children have meaningful opportunities to
  participate in the education of their children at
  school and at home.

4
IDEA Reauthorization 2004

• House Bill passed in April 2003
• Senate Bill passed in May 2004
• Conference Committee appointed in October 2004
• Conference Bill passed in November 2004
• President signs the bill into law on December 3,
  2004
• Provisions took effect on July 1, 2005 except
  personnel requirements

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NEW THEMES

• Access to the general curriculum in the regular
  classroom
• Strengthening the role and responsibility of
  parents
• Coordinating IDEA with improvement efforts under
  the Elementary and Secondary Education Act of
  1965 and NCLB
• Scientifically based instruction

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NEW THEMES

• Parents and schools should be given expanded
  opportunities to resolve their disagreements in
  positive ways.
• Understanding and involvement for parents!
  Meaningful participation
• Providing incentives for whole school approaches,
  to reduce the need to label children as disabled
  in order to address the learning and behavioral
  needs of such children.

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Parent Advocacy

• School can be a difficult place for any student
  regardless of race, socio-economic status,
  disability, or gender. Advocating for a child
  with a teacher or school can be a daunting task
  for any parent. When a child has a disability,
  the experience can be exponentially greater.
  Some parents are upset about difficulties faced
  in advocating for their child. This can be a
  very trying situation!

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Parent Advocacy

• Understanding the law, navigating the system,
  or questioning the professionals can leave a
  parent feeling overwhelmed and under qualified.

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IDEA

• IDEA is founded on the principle or ideal that
  what a child requires in order to be successful
  to the greatest extent appropriate with regular
  education peers may not necessarily be a cookie
  cutter service plan. IEP teams should closely
  evaluate, consider, and monitor services
  determined appropriate for each child.

10
IDEA

• Schools are required to offer a continuum of
  services or alternative placements in order to
  best meet the special education needs of all
  children. These services or alternative
  placements may include, but are not limited to
  supplementary aids and services curricular
  adaptations and accommodations medical, speech
  language, psychological, or social work supports
  and resource rooms, special classes, and special
  schools.

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FAPE

• A school must clearly demonstrate that a free and
  appropriate public education (FAPE) cannot occur
  within a regular education classroom before
  alternative settings may be considered.
• The courts interpret appropriate services in
  meeting FAPE, not as the Cadillac of services
  to meet all needs and wants fully, but to be
  reasonably calculated to enable the child to
  receive educational benefits

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LRE

• IDEA requires that children with disabilities be
  educated in their Least Restrictive Environment.
  LRE requires that children be educated with their
  non-disabled peers to the greatest extent
  appropriate. Students should be provided with
  the LEAST amount of special education services
  and supports needed in order for them to progress
  with regular education peers in the regular
  education setting and curriculum.

13
LRE

• The tricky part in determining LRE, is the term
  appropriate. Each child has unique and
  individual needs. What may be most appropriate
  for one child may not be appropriate for another
  child.
• Sometimes a child needs a MORE restrictive
  environment to meet his or her Least Restrictive
  Environment mandate. In other words, sometimes a
  child is unsuccessful with minimal supports and
  requires more supports or a different placement
  in order to be successful in his or her
  educational placement.

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Meaningful Participation

• IDEA maintains emphasis on parental involvement
  and participation. Parents generally understand
  and know the child better than anyone else on the
  team. Schools are expected to encourage and
  enable active and meaningful involvement of
  parents.

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Parental Safeguards

• Parents of children with special education needs
  have many federally protected rights.
• These rights are an important part of the
  federally protected mandate and it is important
  to read the packet fully and to ask any questions
  you may have about these rights.
• As a parent, if you have any questions but are
  intimidated to ask in front of a table surrounded
  by professionals, consider asking other parents,
  the school psychologist, principal, teacher, view
  online forums, or call the state department for
  clarification.

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Parent Rights

• Parents have the right to receive a written
  notice within a reasonable amount of time before
  the school district PROPOSES or REFUSES to
  initiate or change the identification, evaluation
  or educational placement of your child or the
  provision of a free appropriate public education
  to your child.

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The notice of meeting shall include

• a description of the action proposed or refused
  by the school district
• an explanation of why the action is proposed or
  refused
• a description a of each evaluation procedure,
  test, record, or report used as a basis for the
  action proposed or refused
• a description of any other factors relevant to
  the school districts decision
• a statement that you have protection under the
  procedural safeguards set forth in the federal
  law, and the means by which you may obtain a copy
  of a description of those procedural safeguards
  and
• sources for you to contact to obtain assistance
  in understanding your rights.

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A copy of the procedural safeguards must be given
to the parent, at a minimum

• one time per year,
• upon initial referral or parent request for
  evaluation
• at parent request and
• upon filing for a due process hearing.
• The school district must take steps to ensure
  that the parent understands the information
  provided in the notice.

19
Consent means

• That a parent has been fully informed in his or
  her native language or other mode of
  communication of all information relevant to the
  activity for which consent is sought
• that a parent understands and agrees in writing
  to the activity for which his or her consent is
  sought
• there is a description of the activity and lists
  of records (if any) which will be released and to
  whom and
• that written consent is voluntary and may be
  revoked at any time.

20
Consent

• Written consent must be obtained before a school
  district conducts an initial evaluation or
  reevaluation for a student and before the
  district makes an initial placement into a
  special education program

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Consent

• Consent for an evaluation will not be construed
  as consent for initial placement.
• Consent may be withheld, withdrawn, or revoked at
  any time.

22
Reasonable Effort

• If a school district has attempted to obtain
  your consent for a reevaluation with no response,
  the district may conduct the evaluation without
  consent, provided that the school district can
  demonstrate that it had taken reasonable efforts
  to obtain consent and failed to gain a response
  to the requests.

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Records

• Parents or guardians have the right to inspect
  and review all education records with respect to
  the identification, evaluation, and educational
  placement of their child and the provision of a
  free appropriate public education.

24
Parent Rights Forms

• Individual states may have slightly different
  language. Most will probably be revised
  following the implementation of IDEA 2004.

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ELIGIBILITY, IEP, PLACEMENT

• Evaluation
• -60 school day timeline for completion of
  evaluation from time of consent for ages 3-21
• -Timeline relaxed for transfer students as long
  as receiving district is making sufficient
  progress to insure a prompt completion of the
  evaluation and parent knows when it will be
  completed.

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ELIGIBILITY, IEP, PLACEMENT

• Reevaluations
• -Conducted in language and form most likely to
  yield accurate information
• Frequency
• -Not more than once a year (unless school and
  parent agree otherwise)
• -At least every 3 years unless parent and school
  agree that a reevaluation
• is unnecessary

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ELIGIBILITY, IEP, PLACEMENT

• Evaluations before change in eligibility
• -When exiting for purposes of maximum age
  eligibility or graduation with a regular diploma
  a reevaluation will not be required
• -LEA shall provide a summary of the students
  performance and academic achievement to assist in
  meeting the students postsecondary goals.

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ELIGIBILITY, IEP, PLACEMENT

• Individualized Education Programs (IEPs)
• -Present levels of academic achievement and
  functional performance
• -Annual goals must include academic and
  functional goals
• -Short-term objectives/benchmarks not always
  required
• -Only for those children who take alternative
  assessments to be aligned to alternate standards

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ELIGIBILITY, IEP, PLACEMENT

• Contents of IEP
• -Description of how progress toward goal will be
  measured and when reported
• -Statement of Special Ed Services
• -Based on peer-reviewed research to the extent
  practicable
• -Appropriate accommodations in district-wide
  assessments
• -Why students cant participate in regular
  assessments
• -Why alternate assessment is appropriate
• -What alternate test the student will take

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ELIGIBILITY, IEP, PLACEMENT

• Contents of IEP (cont.)
• -Statement on participation in regular classes
  and curriculum
• -Transition Services
• Appropriate measurable post-secondary goals
  based on age-appropriate transition assessment
  must be included in the first IEP to be in effect
  when the child is 16

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ELIGIBILITY, IEP, PLACEMENT

• IEP Team Attendance
• A member of the IEP team may be excused from the
  meeting if the parent and district agree in
  writing that attendance isnt necessary because
  the members area of curriculum isnt being
  discussed or modified.
• If a members area of curriculum is being
  modified or discussed, that member may be
  excused, provided they submit written input prior
  to the meeting.
• Their excusal must be agreed to in writing by the
  parent
• prior to the meeting.

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IDEA 2004 Changes

• IEP may be amended between the annual review
  meetings without calling an IEP Team meeting if
  agreed to by the parents and LEA
• IEP Amendment shall be in writing
• The parent shall be given a revised IEP with the
  amendments incorporated

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Behavioral Intervention Plans

• If behavior impedes his/her learning or that of
  others, IEP must include
• Positive behavior interventions
• Strategies
• Supports

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Functional Behavioral Assessment

• IEP Team, after 10 school days of disciplinary
  removal, meets to either
• Develop a functional behavioral assessment plan
  if a FBA was not previously conducted
• Or
• - Review the behavioral intervention plan as
  part of the IEP to determine what, if any,
  revisions are necessary

35
Change of Placement Procedures (Behavioral)

• Notify parents of their rights
• Conduct a manifestation determination
• Plan for services starting no later than the 11th
  cumulative school day of removal

36
Manifestation Determination

• IEP Team convened with school psychologist as a
  member
• Determination made no later than 10 school days
  after determination of disciplinary sanction
• Review information provided by parents and other
  evaluation information

37
Manifestation Determination

• Manifestation if behavior is caused by or
  directly resulting from the disability or failure
  to implement the IEP
• If manifestation, revisit FBA, implement/revise
  BIP, return to last placement unless otherwise
  agreed to
• Disciplinary removals not permitted
• Services are provided

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No Manifestation

• Student is subject to the regular disciplinary
  process of the school
• Services must be provided no later than the 11th
  cumulative school day of removal in the school
  year

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Students Not Yet Eligible

• Basis of Knowledge
• Parent expressed concern in writing regarding
  need for special education
• Parent requested an evaluation
• Behavior/performance demonstrated need for
  special education or
• School personnel expressed concern about behavior
  or performance in accord with the special
  education referral system

40
IDEA 2004 Changes

• Procedural Safeguard Notice provided
• Once per year
• Initial Referral
• Request from Parent
• Due Process Complaint

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Independent Educational Evaluations

• Anytime at parent expense
• At public expense if parent disagrees with
  districts evaluation
• District must pay or initiate a Due Process
  hearing
• Team must consider the IEE

42
Stay Put

• Unless otherwise agreed to, student remains in
  the last current placement
• Exceptions
• Dangerousness
• Final Hearing decision agrees with parents that a
  change of placement is necessary

43
IDEA 2004 Changes

• Interim Alternative Education Settings are up to
  45 school days unless parents agree to extend
• Adds inflicting serious bodily injury as
  grounds for IAES
• Showing of substantial risk of death, extreme
  physical pain, protracted/obvious disfigurement,
• protracted loss/impairment of a bodily member
  or organ/ mental faculty

44
Interim Alternative Educational Setting (IAES)

• Student possesses or carries a dangerous weapon
  to school or a school function
• Student knowingly possesses or uses an illegal
  drug
• Student sells or solicits a controlled substance

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IAES for Safety Reasons

• Determination by Hearing Officer or Court
• Standard
• Burden of proof on the school to show by a
  substantial evidence that
• Students return is substantially likely to
  result in injury to self or others
• Current placement is appropriate and
• School made reasonable efforts to minimize the
  risk of harm to self/others

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IAES

• IEP Team determines services and placement
• Services that afford opportunity to participate
  in the general curriculum
• Services called for in the IEP as adapted by team
• Services to address the behavior

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In School Suspensions

• Does not count as a day of suspension if
• Student is afforded the opportunity to progress
  in the general education curriculum
• Student is provided their special
  education/related services
• Student participates with non-disabled peers to
  the extent they would in their regular placement

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Other Disciplinary Considerations

• Portions of a day in which the student must be
  removed must be accounted for
• (cumulative counts!)
• Bus suspensions are deemed a removal if
• Transportation is listed in the IEP
• No alternate transportation has been offered

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Curriculum Based Decision Making with Response to
Intervention (RTI)

• Focus on early intervention and prevention in
  general education
• May be used at the district, school, grade,
  class, small group and individual level
• The process may or may NOT lead to special
  education referral
• Assessment and data-based decision-making are
  critical components

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Additional Information

• Parent Training and Information Centers are
  designed to serve families of children with
  disabilities from birth to age 22. The centers
  work with families in obtaining appropriate
  education services and in training parents and
  professionals. Each state has at least one
  parent center. The centers help resolve
  conflicts between parents and other agencies or
  schools, and provide a connection for children
  with disabilities to the community resources
  needed.
• http//www.taalliance.org/centers/

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Reference

• IDEA 2004 Individuals with Disabilities
  Education Improvement Act A Parent Handbook for
  School Age Children with Learning Disabilities
• By ShelleySmith(2005)
• www.parentrightsidea2004.com