A SNAPSHOT PRESENTATION OF SPECIAL EDUCATION AND RELATED SERVICES FOR PARENTS OF STUDENTS WITH DISABILITIES

Distributed by SISDRevised December 2015

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Message to Parents, Guardians or other Family Members:

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This presentation provides an overview about current laws and regulations, as well as other policies and procedures affecting special education programs and services within the Smithville Independent School District (“SISD”). The information provided in this presentation will best help students reach their full potential only when parents, families and schools work collaboratively. By setting high expectations for students and high standards for our programs we can provide the greatest opportunities for a successful adult life.

Note: This presentation was created to provide a basic understanding of special education and related services under IDEA. The information presented here is not legal advice and should not be used as a legal resource.

What is Special Education?3

Special Education is not a place; it is services and support for general education.

Designed for students ages 3-22 years that are determined, by a multidisciplinary team, to classify in one or more of the predetermined disability categories.

[The purpose of Special Education is] …to ensure that all children with disabilities have available to them a free appropriate public education [FAPE] that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living [aka “Transition”]. 34 FR §300.1(a)

IDEA4

The Individuals with Disabilities in Education Act (IDEA 2004) is the federal law dealing with the education of children with disabilities.

Began as the Education for All Handicapped Children Act (EHA), or Public Law 94-142 (1975).

The initial appeal for special education and related services stemmed from a civil rights movement and was brought about by parents to ensure that all students with disabilities receive a free appropriate public education (FAPE) in the least restrictive environment (LRE).

This appeal eventually became known as “IDEA 2004.”

Source: LD OnLine (2010)

Least Restrictive Environment (LRE) & Inclusion5

IDEA requires school districts to place students in the LRE.

LRE is the environment where the student can receive an appropriate education designed to meet his or her special educational needs, while still being educated with his or her nondisabled peers to the maximum extent appropriate (aka “Inclusion”).

One student’s LRE may be very different from another student’s.

Students with disabilities must be educated in the regular classroom with appropriate aids and supports (i.e. supplementary aids and services) with their nondisabled peers, unless a student’s IEP requires some other arrangement.

Source: The Least Restrictive Environment: A Primer for Parents and Educators (2006)

Disabilities serviced under IDEA

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Autism Deaf-Blindness Emotional Disturbance Hearing Impairment Intellectual Disability Multiple Disabilities Orthopedic Impairment Other Health Impairment (e.g. Asthma, ADD/ADHD, Diabetes,

Epilepsy, Heart Condition, etc.) Specific Learning Disability Speech Or Language Impairment Traumatic Brain Injury Visual Impairment (Including Blindness)Source: National Center for Learning Disabilities (2010)

Other Major Laws Related to IDEA

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No Child Left Behind (NCLB)

Section 504 of the Rehabilitation Act of1973 (or simply “Section 504”)

Americans with Disabilities Act (ADA)

NCLB8

Under No Child Left Behind or “NCLB,” public school students throughout the country must participate in annual assessments in specific academic areas, including students with disabilities, as required by law.

Because NCLB currently requires mandatory participation of all students in these assessment tests, school districts and states are held accountable for the achievement of these students.

Students with disabilities (those covered under IDEA or Section 504) must be provided the appropriate accommodation necessary to participate in these tests.

Source: LD OnLine (2010)

IDEA & NCLB Together9

NCLB and IDEA provisions and requirements combine to provide both individualized instruction and school accountability for students with disabilities.

The progress and performance of students with disabilities is now a shared responsibility of general and special education teachers.

Enhanced accountability for students with disabilities has been elevated for everyone involved in the planning and instruction processes.

These two federal education laws been aligned to provide powerful opportunities for children with disabilities.

Source: IDEA & NCLB Together: What Parents of Students with Disabilities Need to Know and Do (2006)

Section 50410

Civil rights legislation for individuals with disabilities. Applies only to entities that receive federal funds

(e.g. public schools, universities/colleges, etc.). Ensures that a qualified child with a disability has

equal access to education. Supplementary aids or supports are provided within

the general education classroom. Child may receive appropriate accommodations and

modifications tailored to the child's individual needs, even if he or she is not eligible for special education services.

Source: National Resource Center on ADHD (2010)

ADA11

Civil rights legislation for individuals with disabilities.

Applies to almost every entity in the United States, regardless of whether it receives federal funds. Note: Churches and private clubs are two entities that are

exempt from ADA requirements. Private schools that are not associated with a

religious organization must comply with the provisions of the ADA, even if they are exempt from Section 504.

Entities covered are required to make the reasonable accommodations or modifications necessary to ensure persons with disabilities access to goods and services.

Source: LD OnLine (2010)

Definition of Disability12

Under 504 and the ADA, a person is considered to have a disability if that person has a physical or mental impairment that: substantially limits one or more of such

person's major life activities, has a record of such an impairment, or is regarded as having such an impairment.

Source: LD OnLine (2010)

Steps for Special Education Services Eligibility

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Child Find

Response to Intervention (RTI)

Referral

Child Find (CF)14

Ensures that all children with disabilities in Texas who are in need of special education and related services are identified, located, and evaluated.

Each state has a similar program as required by IDEA.

Source: BISD Special Education Cooperative (2010)

Response to Intervention (RTI)

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Interventions designed to provide additional support to struggling students.

Utilizes tiers of intervention for students who are experiencing difficulty.

Research based instruction and problem-solving to determine tiers of interventions.

Observes students regularly to determine if they are developing as they should (i.e. academically and/or behaviorally).

Progress and performance of the child are monitored to determine if the child should be referred for evaluation.

Source: CEC (2010)

Referral to Special Education

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If RTI is unsuccessful, a child may be assessed to determine his or her eligibility for special education services.

Parent, Guardian, or adult student must be provided with a notice of evaluation and must sign a consent for evaluation before any testing can begin.

Once signed consent has been received, testing must occur within 45 school days.

From the time the child is tested to the first ARD meeting will be no more than 30 calendar days.

Source: BISD Special Education Coop (2010)

The ARD Meeting17

ARD stands for “Admission, Review and Dismissal.” The ARD committee meeting begins the process of

making individualized educational decisions for a student who has become eligible for special education and related services.

Committee must meet at least once a year to review the child’s Individualized Education Program (IEP) and to determine whether annual goals are being met.

May meet more frequently to make changes to the child’s IEP, or to address any of the following issues: deficiency toward meeting annual goals, reevaluation results, parental information about the child, anticipated needs of the child, or any other matter the parent or school determines necessary.

Note: Other states refer to this meeting as the “IEP meeting.”

Source: ARD Guide (2010)

Who Should Attend the ARD Meeting?

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Parent or Legal Guardian At least one general education teacher of the child At least one special education teacher/provider of the child Representative of the District (e.g. Administrator) Someone who can interpret evaluation results (e.g.

Diagnostician or Licensed Specialist in School Psychology “LSSP”)

The student (when appropriate, especially during transition planning)

Any other individuals with knowledge or special expertise related to the child invited and approved by either the school or parent

Note: All of the parties listed above must be present, unless the guardian agrees to sign a waiver.

Source: ARD Guide (2010)

Individualized Education Program (IEP)19

The IEP is a document located within the ARD Document.

The IEP outlines individualized goals and objectives for the student, as well as any special services or supports required within or outside the general education classroom.

In addition to the IEP, the ARD Document also lists any modifications or accommodations the child may need to achieve his or her individualized goals.

Source: BISD Special Education Cooperative (2010)

Modifications & Accommodations20

Modification Content of what a student might normally learn is modified

from the general curriculum; level of instruction or benchmarks the student is expected to master may be also be changed.

Accommodation Content of what a student is expected to learn is not altered

from his or her grade level, although the environment or circumstances may be altered.

Modifications and Accommodations will be discussed and documented during the ARD committee meeting.

Source: Texas Project FIRST (2010)

Modifications & Accommodations (cont.)21

A modification deals with “what” material is actually being taught, while an accommodation outlines “how” the material is being taught.

Modification Example: A student may not be required to master all of the TEKS for his

or her grade level, but there may be a smaller selection of TEKS required for mastery instead.

Accommodation Example: A student may receive individualized instruction, work in small

groups, receive extended time on an assignment, receive note-taking assistance, and/or tests may be administered orally.

Source: Texas Project FIRST (2010)

State of Texas Assessments of Academic Readiness (STAAR)

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NCLB requires the participation of ALL students in statewide assessments (i.e. STAAR), including students with disabilities to avoid an automatic classification of not meeting adequate yearly progress (AYP) goals.

Although many students with disabilities are able to participate in the regular statewide assessments under regular conditions, several students require access to these same assessments using accommodations.

Source: EPPRI (2006)

Types of STAAR Tests (other than general assessment)

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STAAR–A is for students receiving special education services who meet the eligibility criteria for specific accommodations.

Contains the same items as STAAR, but is administered online and includes accommodations that are accessible to the student

STAAR Alternate is for students receiving special education services who have a significant cognitive disability and who meet participation requirements.

Source: Texas Education Agency (TEA) (2010)

Parents’ Rights24

Parent’s Rights are outlined in the “Notice of Procedural Safeguards” document.

This document must be distributed prior to the initial ARD meeting, upon each re-evaluation, and no less than once per year.

Outlines both the Parent and Child’s Due Process rights.

Due Process can include both mediation and due process hearings.

Source: Notice of Procedural Safeguards (2010)

Behavior & Discipline25

If a child’s behavior interferes with learning, the ARD committee must consider the use of positive behavioral interventions and supports to address those behaviors.

If the ARD committee decides that a behavioral intervention plan (BIP) is needed, the interventions must be documented in the IEP.

If a child violates school rules, the parent and the child have certain rights throughout the school’s discipline process (outlined in the Notice of Procedural Safeguards).

However, if the child’s conduct is a manifestation of his or her disability, the ARD committee must conduct a functional behavioral assessment (FBA).

Source: Notice of Procedural Safeguards (2010)

Transition Services26

Transition Services or simply “Transition,” is a term found within IDEA and can be defined as a coordinated set of activities for a child with a disability that: Is designed to be within a results-oriented process, that is focused on

improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment); continuing and adult education, adult services, independent living, or community participation;

Is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and

Includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation.[34 CFR 300.43 (a)] [20 U.S.C. 1401(34)]

Source: U.S. Department of Education (2010)

Transition Cont.27

The intent of transition and transition planning is to create opportunities for youth with disabilities that result in positive adult outcomes for life after high school.

This may involve: raising expectations for youth outcomes assessing for interests, preferences, and needs building self-awareness, self-identity, self-esteem, and self-determination skills utilizing the community for supports socializing and developing long-term relationships being in activities both at school and in the community engaging in leadership and involvement in the transition planning process

Source: National Center on Secondary Education and Transition (2010)

Transition Cont.28

Federal Law mandates that a transition plan be in effect once a child reaches the age of 16.

Texas mandates that a transition plan be in effect by the age of 14. However, it is never too early to start thinking about transition

planning! The best transition plans are those that help the student achieve

his or her dreams and aspirations. Students should be included in all aspects of planning and goal

setting, and encouraged to participate at ARD meetings. Participation helps keep all team members focused on the student’s

individual needs/desires and helps the student develop his or her own decision-making abilities and self-advocacy skills.

Source: National Center on Secondary Education and Transition (2010)

Parent Contacts29

Your Child’s Teacher(s) General Education Special Education

School Administrator Usually designated as the Special Education Point of Contact

for your child’s grade. CRSSA (Colorado Shared Services Arrangement)

Educational Diagnostician LSSP – Licensed Specialist in School Psychology

SISD Coordinator of Special Education SISD Superintendant

Frequently Asked Questions30

What are my responsibilities as a parent of a child with a disability? Take an active interest in your child’s education by visiting him or her

at school Consult with any and all persons involved in your child’s education Review your child’s education records Attend the ARD committee meetings Exercise independent judgment Exercise your child’s due process rights

What should I bring to an ARD Meeting? Any documented concerns Any changes in your child’s medical history

FAQ cont.31

What is a learning disability? A learning disability is a neurological disorder. Children with learning

disabilities may have difficulty reading, writing, spelling, reasoning, recalling and/or organizing information if left to figure things out by themselves or if taught in conventional ways.

What is transition planning? Transition planning is a process that should help ensure your child's happiness,

success, and satisfaction after high school and onto further work, future education, and adulthood.

How can I help plan for my child’s successful transition? Learn how transition planning works at your school Be prepared by collecting information about your child’s interests and abilities Set goals for the future You and your child should attend all meetings Locate resources to help! Stay involved!

FAQ Cont.32

What are some resources to help my intellectually disabled child? Please see the Department of Assistive and Rehabilitative Services

website:http://www.dars.state.tx.us/

How often is my child re-evaluated? Each child must be re-evaluated at least once every three years until he

or she ages out of eligibility (age 22), graduates, or becomes dismissed from special education services.

How does my child get dismissed from Special Education? The ARD Committee must make the decision to dismiss a child from

special education upon re-evaluation if or when it has been determined that the child no longer requires services provided under special education; the child is also considered dismissed once he or she ages out of eligibility or graduates from high school.

Commonly Used Acronyms33

504 – Section 504 of the Rehabilitation Act of 1973 ADA – Americans with Disabilities Act of 1990 ARD – Admission, Review, and Dismissal AU – Autism AYP – Adequate Yearly Progress BIP - Behavior Intervention Plan CF – Child Find DB – Deaf-Blind DPH – Due Process Hearing ED – Emotional Disturbance FAPE – Free Appropriate Public Education FERPA – Family Educational Rights & Privacy Act

Acronyms Cont.34

FIE – Full and Individual Evaluation HO – Hearing Officer IDEA – Individuals with Disabilities Education Act of

2004 IEP – Individualized Education Program ITP – Individual Transition Plan LD – Learning Disability LRE – Least Restrictive Environment MD – Multiple Disabilities NCLB – The No Child Left Behind Act of 2001 OHI – Other Health Impairment OI – Orthopedic Impairment PIL – Parent Information Line – 1-800-252-9668

Acronyms Cont.35

PPCD – Preschool Program for Children with Disabilities

RTI – Response-to-Intervention SBOE – State Board of Education SI – Speech or Language Impairment STAAR – State of Texas Assessments of Academic

Readiness STAAR-A – Accommodated STAAR-Alt – Alternate TBI – Traumatic Brain Injury TEA - Texas Education Agency TEKS – Texas Essential Knowledge and Skills USDE – United States Department of Education VI – Visual impairment

Parent Participation is Essential for Success!

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YOU are the biggest advocate for your child!

KNOW your rights (outlined in the Notice for Procedural Safeguards).

ENCOURAGE your child to become his or her own advocate, especially during Transition planning.

PLEASE ASK QUESTIONS related to your child’s education!

Parent Resources37

ARD Guide – English http://framework.esc18.net/Documents/

ARD_Guide_ENG.pdf ARD Guide – Spanish

http://framework.esc18.net/Documents/ARD_Guide_SPAN.pdf

CEC – Council for Exceptional Children http://www.cec.sped.org/

IDEA & NCLB Together: What Parents of Students with Disabilities Need to Know and Do http://www.cehd.umn.edu/NCEO/onlinepubs/Parents.pdf

Parent Resources Cont.38

LD OnLine http://www.ldonline.org

The Least Restrictive Environment: A Primer for Parents and Educators http://www.eric.ed.gov/PDFS/ED498472.pdf

National Center for Learning Disabilities http://www.ncld.org/

National Center on Secondary Education and Transition http://www.ncset.org/

Notice of Procedural Safeguards http://framework.esc18.net/Documents/

Pro_Safeguards_ENG.pdf

Parent Resources Cont. TEA – Special Education Rules and Regulations

http://framework.esc18.net/Documents/Side_by_Side.pdf Texas Project FIRST

http://www.texasprojectfirst.org/ U.S. Department of Education

http://www.ed.gov/

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