Administrators New to Special Education

Session 1, It is the law.

Dr. Tom Stone, Director

Region 4

Introduction

Goals for the Day

• Defining terms, responsibilities and the law

• Student and parent rights

• Education process

• Additional specific requirements

Quiz

10. Scariest legal phrase:

A. I am bringing an advocate.

B. I am bringing a lawyer.

C. I will not sign.

D. Knew or should have known.

Federal and State LawsGuiding Special Education

Federal and State Laws

• Federal legislation

• Federal regulations

• State legislation

• State standards

• Whose IDEA is This?

Federal and State Laws1. Federal legislative

branch makes laws

2. Sends to federal agency that will monitor law and write regulations

3. Sends to states, which may write new state legislation

4. Sends to state agency that will monitor law and write rules (operating standards)

5. Updates Procedural Safeguards (Whose

IDEA is This?)

6. Sends to local districts, which adopt policies and procedures

Foundation Legislation

• Education of the Handicapped Act of 1970• Education for All Handicapped Children Act of

1975 (P.L. 94-142)• The Individual with Disabilities Act of 1990

(IDEA)• The Individual with Disabilities Improvement

Act 2004 (IDEIA)

Case Law

• Brown v. Board of Education - 1954• Hobson v. Hansen - 1967• PARC v. Commonwealth of

Pennsylvania - 1972• Diana v. State Board of Education -

1970• Larry P. v. Riles - (1972, 1974, 1979,

1984)

Case Law: Appropriate

• Board of Education v. Rowley

Quiz

6. Prior to 1978 in Ohio you could be excluded from public education if:

A. You could not be excluded

B. Your IQ was below 50

C. Your IQ was below 80

D. You had multiple disabilities

What Legislation Impacts Special Education?

• Americans with Disabilities Act

• Rehabilitation Act of 1973

• No Child Left Behind (NCLB)

• Individuals with Disabilities Education Improvement Act (IDEA 2004)

No Child Left Behind

Purpose:

… to ensure that all children have a fair, equal and significant opportunity to obtain a high quality education…

AYP and School Improvement

• Subgroups– Reading– Mathematics– Attendance– Graduation

• N = 30 for building• N = 30 in the aggregate for the district

Individuals with Disabilities Education Improvement Act

• Aligns NCLB and IDEA 2004

• There is a new focus on ensuring that students with disabilities meet high standards

Six Principles of IDEA 2004• Zero reject of children with disabilities

• Nondiscriminatory identification and evaluation-evaluation team report (ETR)

• Individualized education programs (IEPs)

• Least restrictive environment (LRE)

• Due process

• FAPE

Access and Standards

Indicator

Indicator

BENCHMARK

Indicator

Indicator

Indicator

Indicator

BENCHMARK

Indicator

BENCHMARK

STANDARDOverarching

goals and themes

What all students should know and

be able to do at each grade level

What all students should know and

be able to do

Operating StandardsOhio’s rules

Two sets of Operating Standards for Ohio’s Schools: 1.Elementary and Secondary

2.Serving Children with Disabilities

Operating Standards for Ohio Educational Agencies Serving Children with Disabilities

• Defining Terms and Responsibilities

• Student and Parent Rights

• The Education Process

• Additional Specific Requirements

Operating StandardsDefining Terms and Responsibilities

• 3301-51-01 Applicability of Requirements and Definitions

• 3301-51-02 Free Appropriate Public Education (FAPE)

• 3301-51-03 Child Find

Applicability of Requirements [3301-51-01]

• Sets forth responsibilities of school district of residence to provide FAPE

• Ensures the rights of children with disabilities and their parents are protected

Operating Standards, pp.10-13

Definitions

•Defines terms as they are used in the rules

• Includes definitions of disability categories

Operating Standards, pp.13-40

Quiz

9. Identify special education jargon.

IEP 504

ETR IDEA (IDEIA)

PR0-1 ESEA (NCLB)

OCR ORC

ADA FBA

FAPE [3301-51-02]

• Free – at no cost to the parents

• Appropriate – suited to the unique needs of the student

• Public – provided by the public school district

• Education – schooling age 3-21

Operating Standards, pp. 41-48

Quiz

4. What does the A in FAPE stand for?

A. Average

B. Accessible

C. Appropriate

D. Accommodating

What is Special Education?

• It is about specially designed instruction

• It meets the unique needs of the student that result from his or her disability

Quiz

5. “Appropriate”, according to the Supreme Court, means?

A. Affordable

B. The best education possible

C. Designed to benefit the student academically and functionally

D. All of the above

Child Find [3301-51-03]

• Identify and serve all children with disabilities

• Maintain and examine child data

Operating Standards, pp. 49-51

Quiz

3. When does the child find clock start?

A. When a parent submits a request for an ETR in writing?

B. When an employee of the district suspects a child has a disability?

C. When a parent signs a permission?

D. When a child fails.

Questions

and

Reflections

SPP/APR

• Federal Requirement for IDEA funding of $500 million each year to Ohio.– State Performance Plan/Annual

Performance Report– 20 indicators that require the collection and

reporting of data regarding compliance and outcomes.

– There is a district and building report.

Administrator

Authority to allocate district resources.

Questions to ask:

Is the service, program, equipment, person necessary to provide FAPE? Is there an alternative?

Administrator

You sign it, you buy it.

Quiz

1. How many “reports cards” are there for school buildings and districts?

A. One

B. Two

C. Three

D. Four

Operating Standards

Student and Parent Rights

• 3301-51-04 Confidentiality

• 3301-51-05 Procedural Safeguards

Confidentiality [3301-51-04]

• Addresses personally identifiable information • Requires parent consent for release of information • Describes requests for records hearings• Covers information disclosed to appropriate agencies when abuse and/or neglect are suspected

Operating Standards, pp. 51-59

Procedural Safeguards [3301-51-05]

• Parent participation in meetings

• Prior written notice

• Procedural safeguard notice Whose IDEA is This?

• Independent Educational Evaluation

• Transfer of rights

Operating Standards, pp. 60-107

Evaluation Team ReportETR

Evaluations are conducted to determine a child’s eligibility for

special education.

ETR

• An evaluation must include all areas related to or effected by the suspected disability.

• Once a child is suspected of having a disability the district has 30 days to obtain the parents permission.

ETR

• A district must seek permission and conduct and evaluation whenever the district knows or should have know that a child may have a disability.

• Scenario: a parents phone call.

PR-01

• Prior written notice.

Quiz

2. How many days between permission to test for disabilities and determination documented through the evaluation team report?

A. 30 days

B. 60 days

C. 90 days

D. It is determined by the evaluation team.

Conflict Resolution [3301-51-05 ] Administrative review[pp. 72-73]

Mediation [pp. 73-75]

State complaint procedures[pp. 75-83]

Resolution meeting [pp. 83-86]

Impartial due process[pp. 86-93]

Civil action[pp. 93-94]

Attorneys’ fees[pp. 94-97]

Appeal [pp. 101-104]

*** Other options: Facilitated IEPs

Conflict ResolutionRule [3301-51-05] continued

Discipline

• Case-by-case determination

• Additional authority

• Services

• Manifestation of a disability

• Special circumstances

Operating Standards, pp. 97-107

Operating Standards

The Education Process

• 3301-51-06 Evaluations

• 3301-51-07 Individualized Education Program

IEP Legal Issues

• Members of the IEP Team• People with Special Knowledge and Expertise

• Excusing Members from IEP Meetings• New Ways to Participate in Meetings• Attorneys at IEP Meetings• Handling Draft IEPs and Pre-IEP Meetings

• Recording Meetings

Quiz

8. The most frequent compliance issues in the state:

A. IEP goals are not measurable

B. Three year timelines are not met

C. Performance levels are related to that of a typical child.

D. LRE decision is not explained

Questions

and

Reflections

Quiz

7. You may refuse to provide specialized instruction, a service or accommodation when:

A. It is too expensive

B. We have no one qualified to provide the service

C. We do not do that here

D. It is not need to provide FAPE

E. You may never refuse.

Resources The Ohio Department of Education (ODE)(877) 644-6338 www.education.ohio.govhttp://edresourcesohio.org/

ODE Office for Exceptional Children(ages 5-22)(614) 466-2650

ODE Office of Early Learning and School Readiness(ages 3-5)(614) 466-0224

The Ohio Coalition for the Education of Children with Disabilities(800) 374-2806www.ocecd.org

Resources

• CEC <http://www.cec.sped.org/am/template.cfm?section=Home>

• Wrights Law <http://www.wrightslaw.com/>