Parent Empowerment and Advocacy

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Navajo Blessing for aNewborn Child
"Today, we are blessed with a beautiful baby
May his feet be to the East May his right
hand be to the South May his head be to the
West May his left hand be to the north
May he walk and dwell on Mother Earth
peacefullyMay he be blessed with precious,
variegated stonesMay he be blessed with fat
sheep in variationMay he be blessed with
respectful relatives and friends
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Presenters

• Zonnie Sombrero
• Sarah Nez
• Leberta Henderson

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Parent Empowerment and Advocacy

• Western Navajo Agency

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Parents, Students andSchools as Partners
Rights and Responsibilities of Parents
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Presentation Goals
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Special Education Laws
Individual with Disabilities Education Act

• Sometimes referred to as IDEA-97
• Also known as IDEA

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Parent

• The term parent refers to a natural or adoptive
  parent, a legal guardian, a person acting as a
  parent, or a surrogate parent who has been
  appointed by the school.

• The term acting as a parent includes persons
  such as a grandparent or stepparent with whom the
  child lives as well as person who are legally
  responsible for a students welfare.

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When is a student eligible for Special Education?

• A student is eligible if all three of the
  following are true
• The student has one or more disabilities.
• The student is not making effective progress in
  school as a result of the disability(ies).
• The student requires special education in order
  to make an effective progress.

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When is a student not eligible for Special
Education?

• Limited English Proficiency
• Vision/Hearing
• ADHD/ADD (Attention Deficit Hyperactivity
  Disorder/ Attention Deficit Disorder)
• Behavior
• (Unless it impedes the students learning)

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Referring a student for an evaluation to
determine eligibility

• Parents, or other adults involved with the
  student can make
• a referral for an
• evaluation.
• A referral can be
• made at any time.
• A school may not refuse a referral in order to
  try other supportive services.

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13 Types of Disabilities that mayadversely
affect educational progress that are defined in
state and federal regulations

1. Mental Retardation
2. Hearing Impairments
3. Speech Language Impairments
4. Visual Impairments
5. Emotional Disturbance
6. Orthopedic Impairment
7. Other Health Impairment
8. Specific Learning Disability
9. Deaf-Blindness
10. Multiple Disabilities
11. Autism
12. Traumatic Brain Injury
13. Developmentally Delay

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Children with Disabilities receiving Special
Education in BIA Schools December 3, 2001
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Children with Disabilities receiving Special
Education in BIA Schools December 3, 2001
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Children with Disabilities receiving Special
Education in BIA Schools December 3, 2001
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Children with Disabilities receiving Special
Education in BIA Schools December 3, 2001
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Special Education

• Special Education - is specially designed
  instruction to meet the unique needs of an
  eligible student, and/or

• Related services necessary to access and
• make progress in the general curriculum.

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Related Services Help Children Learn

• Some children cannot learn in school unless they
  have both special education and related
  services.
• These related services may be as follow

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Your child has a right to related services if
they are necessary to help him or her benefit
from special education.

• Counseling
  Occupational therapy
• Speech/language
  Physical therapy
• Orientation /mobility
  Recreation
• Transportation
  School health services
• Psychological services
• Rehabilitation Counseling
• Parent Counseling and Training
• Social Work Services

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How quickly can I getservices?

• Consent to Evaluate
• A month after school starts,
• 30 School Working Days to Evaluate.
• Team meeting to determine eligibility
• No later than 10 School Working Days.
• If eligible, development of IEP and determination
  of placement
• Within 30 calendar days
• IEP must be implemented
• Within 5 days after it has been developed.

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Six Basic Principles

• The federal and state special education laws and
  the rights of parents and students in special
  education are grounded upon six basic principles.

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The Six Principles

1. Parent and Student Participation
2. Free and Appropriate Public Education (FAPE)
3. Appropriate Evaluation
4. Individualized Education Program (IEP)
5. Procedural Safeguards
6. Least Restrictive Environment (LRE)

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Principle 1 - Parent andStudent Participation

• Parents have the right to participate in all
  special education planning and decision-making
  activities.
• Students are the focus of special education and,
  as they grow older, students are expected to
  participate in planning for their own future as
  much as possible.
• It is the obligation of the school district to
  make strong efforts, in multiple ways, to ensure
  parental and student participation.

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Specific Participation Rights
Schools must make multiple efforts to facilitate
parental attendance at Team meetings. If parents
cannot attend, schools must seek parent input
through other means.

• Students at age 14, or younger if appropriate,
  are entitled to participate in all Team meetings.
• Students at age 18 are adults under Federal
  law/regulations and assume all the rights
  formerly held by their parents for participation
  and decision-making.

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Areas of Education where Parent and Student
Participation are Guaranteed

• Referral
• Evaluation
• Eligibility Determination
• IEP Development
• SAT-9/AIMS
• Participation
• Placement Decisions
• Disciplinary Actions

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Principle 2 - FAPE

• Free and Appropriate Public Education
• Free At no cost to the parent.
• Appropriate Services sufficient to enable the
  student to appropriately progress in education
  and advance toward achieving the IEP goals.
• Public Provided by the public school district
  or under the direction of the public school
  district.
• Education Preschool, elementary and secondary
  education, including extra-curricular and
  nonacademic school activities.

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Principle 2 FAPE (continued)What is the
General Curriculum?

• The same curriculum as students without
  disabilities receive
• (Reg. 300.347)
• Including all State Navajo Standards aligned
  with the Schools General Curriculum

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Principle 3 - AppropriateEvaluation

• Initial evaluation
• 3 year re-evaluation
• Individualized assessments
• Non-discriminatory assessments
• Includes a variety of tools and strategies,
  including information provided by the parent.

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Some specific evaluation Rights

• Right to discuss both the proposed evaluations
  and evaluators prior
• to the evaluation.
• Right to an evaluation in the students native
  language or mode of
• communication.
• If appropriate, right to an evaluation of need
  for Braille
• instruction.

• Right of parents to consent or refuse evaluation.
• Right to independent educational evaluation when
  parents disagree with the results of the
  evaluation done by the school district.
• Right to appeal a finding of No Eligibility.

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Parental Rights In Special Education (Procedural
Safeguards) 

• Parents have an important role in the evaluation
  process when a child is suspected of having an
  educational disability.
• Parental consent initiates the process and the
  parent is included as a valuable member of the
  multidisciplinary team.
• The special education process affords parents the
  opportunity to be very involved in the
  development of the child's educational programs
  beginning with evaluation and assessment, through
  identification and placement.

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Parent Participation

•  As a parent, you are an important member of the
  IEP team.
• You have the right to participate in all
  educational decisions involving your child
• By attending all meetings
• Evaluation
• IEP
• Placement

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Right to Consent

• You have the right to know that the school
  district must obtain your informed written
  consent before any evaluation is conducted or any
  placement is made in special education, even if a
  placement is being renewed.
• Written consent is also required before
  identification of a child with an educational
  disability, changing the identification, or
  changing the nature or extent of special
  education and educationally related services for
  a child.
• You may refuse to provide written consent. If the
  school feels that the education plan is in the
  best interest of the child, the school district
  may initiate Due Process procedures to carry out
  its recommendation.  

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Written Prior Notice

• You have the right to receive written notice in
  language understandable to you whenever the
  school district proposes to initiate or change
  the identification, evaluation, placement, or the
  provision of a free and appropriate public
  education.
• The notice should explain the proposed action and
  any evaluation, tests, records, or reports used
  to support the action.  

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Records

• You have the right to examine all relevant
  records kept by the school district regarding
  identification (coding), evaluation, IEP,
  placement, and the provision of a free,
  appropriate, public education to your child.  

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Educational Evaluations

• You have the right to a full and individual
• evaluation of your child's educational
  needs.
• By law, a re-evaluation must be conducted
• every three years.
• You also have the right
• to request an independent educational
• evaluation of your student at the school
• district's expense if you disagree with the
• school district's evaluation.
• However, the school district may begin Due
• Process proceedings to show that its
• evaluation is valid.
• If the district evaluation is shown to be
• valid, you still have the right to an
  independent assessment but not necessarily at the
  school's expense.
• The school district must inform you where and how
  an evaluation can be obtained and must consider
  the evaluation for any coding, placement
  decision, or hearing.  

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Independent EducationalEvaluation (IEE)

• Anytime you are dissatisfied with the schools
  evaluation.
• The school is obligated to consider information
  from IEE.

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Principle 4 - IndividualizedEducation Program
(IEP)

• Written information
• on the parents concerns
• and the students skills.
• A written explanation of
• how the disability affects
• the students ability to learn and to
  demonstrate his or her learning.
• An identification of specific, measurable goals
  which can be reached in a years time.
• A listing of the services to be provided to the
  student.

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Purpose of the IEP

• The IEPs purpose is to outline
• What will be done to assist the student to make
  effective progress in the general curriculum and
  in the life of the school.
• How the student will participate in state and
  local assessment. Arizona State Assessment (AIMS,
  SAT-9)
• The goals the student is expected to reach by the
  end of the IEP period.
• Recommendation or Option for ESY (Extended School
  Year)

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Rights Associatedwith the IEP

• Before the school can begin IEP services, the
  school must obtain the parents consent.
• The parent has the right to accept or reject the
  proposed IEP in part or in full.
• The completed IEP is signed by both the school
  district and the parent and serves as a contract
  between the school and the parent.
• The parents can withdraw their consent at any
  time in relation to any service or program.

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Principle 5Procedural Safeguards

• Right to written notice
• Right to consent/refuse
• Right to stay put
• Problem Resolution System
• Mediation and Due Process
• Timelines
• Confidential records
• Right to receive evaluations 2 days in advance of
  Team meeting, if requested

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School Records

• Parents have the rights to see and request copies
  of their childs school records. If you disagree
  with items in the record you can ask if they can
  be changed or removed.
• You have the rights to review and inspect and
  review education records under this section
  includes

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Access to Records

1. The right to a response from the school to
   reasonable requests for explanations and
   interpretations of the records.
2. Your right to have your representative inspect
   and review the records and
3. Your right to request that the school provide
   copies of the records containing the information
   if failure to provide those copies would
   effectively prevent you from exercising your
   rights to inspect and review the records.

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Confidentiality

• Parental consent must be obtained before
  personally identifiable information is disclosed
  to anyone other than participating agencies
  collecting or using the information under IDEA
  requirements.
• Schools will protect the confidentiality of
  student records.

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Right to Appeal

• You have the right to appeal any decision of the
  school regarding
• Identification
• Evaluation
• IEP's,
• provision of FAPE
• Placement of a disabled student
• Due Process Hearing Procedures will be followed

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Mediation

• Mediation helps resolve disagreements between
  schools and parents.
• Mediation is a voluntary process mutually agreed
  to by the parent and the school.
• Mediation is confidential and is available at no
  cost to either the parent or the school.
• Mediation will not be used to deny or delay the
  right to a due process hearing, or any other
  rights afforded to children an parents.
• The school or parent my request mediation at any
  time.

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Complaint Procedures

• Complaints can
• be made by any
• person or
• organizations to
• Office of Indian Education Programs
• Center for School Improvement
• 500 Gold Ave. SW. 7th Floor
• P.O. Box 1088
• Albuquerque, NM 87102-1088
• Phone [phone]
• Fax [phone]

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Principle 6 - Least RestrictiveEnvironment (LRE)

• In the public school building the general
  education classroom, a resource room, or a
  substantially separate classroom.
• Outside of the school building a separate day
  school or a separate residential school.
• For young children (aged 3-5)
• a home-based or center-based
• early childhood program

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Least Restrictive Environment

• You have the right to have your child educated
  with students who do not have disabilities to the
  maximum extent that is appropriate for your
  child.
• You have the right to know that the school
  district provides a continuum of alternative
  educational environments for students
• with disabilities.  

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Students have the right to receivespecial
education services even whenthey are unable to
attend school.

• Sometimes students are unable to attend school
  for non-educational reasons.
• Students may be
• In a hospital,
• At home
• Or in an institutional setting.

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Resources

• Teachers and other staff at the local schools
• Office of Special Education, Western Navajo
  Agency PO Box 7074, Tuba City, Arizona
  [phone]
• Bureau of Indian Affairs, Office of Indian
  Education Programs, Center for School
  Improvement, 500 Gold Av. SW room 7B, PO Box
  1088, Albuquerque, NM 87102-1088
• Theresa Yanan, DNA-Peoples Legal Services, Inc.,
  Native American Protection Advocacy Project,
  P.O. Box 392, Shiprock, NM. 87420
  [phone]

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BINDER ACTIVITY

• 3-RING BINDER
• TABS
• FOLDERS
• SAMPLE CHILDS PAPERS
• EDUCATIONAL RECORDS
• PARENTAL RIGHTS
• SCHOOL RECORDS
• IEP/PSYCH REPORTS
• SCHOOL GRADES/PROGRESS REPORT
• ASSESSMENTS STAT-9/AIMS SCORES
• PERSONAL FAMILY INFORMATION
• BIRTH CERTIFICATE/GUARDIANSHIP PAPERS
• SOCIAL SECURITY CARDS
• CERTIFICATE OF INDIAN BIRTH
• HEALTH INFORMATION
• HEALTH RECORDS

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Thank You.

• for taking part and interest in your childs
  education.

• Hope the presentation was beneficial in meeting
  your needs.

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Closing Prayer from the Navajo Blessing Way

• In beauty I walkWith beauty before me I
  walkWith beauty behind me I walkWith beauty
  above me I walkWith beauty around me I walkIt
  has become beauty againIt has become beauty
  againIt has become beauty againIt has become
  beauty again

Hózhóogo naasháa dooShitsijí' hózhóogo naasháa
dooShikéédéé hózhóogo naasháa dooShideigi
hózhógo naasháa dooT'áá altso shinaagóó hózhóogo
naasháa dooHózhó náhásdlíí'Hózhó
náhásdlíí'Hózhó náhásdlíí Hózhó náhásdlíí