Positive Interventions and Effective Strategies for Classroom Management Laura A. Riffel, Ph.D.
Laura A. Riffel
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Laura A. Riffel [email protected] Behavior Doctor Seminars www.behaviordoctor.org Ann P. Turnbull [email protected] Beach Center on Disability www.beachcenter.org
Transcript of Laura A. Riffel
Laura A. Riffel [email protected]
Behavior Doctor Seminars
www.behaviordoctor.org
Ann P. Turnbull [email protected]
Beach Center on Disability
www.beachcenter.org
Adv
ance
Pre
para
tion
Incorporating Positive Behavior Support (PBS) into the
IEP
Preparing in Advance: • Call the school personnel who schedules IEPs and discuss with
him or her what you should expect during a conference o Ask for a written copy of the parental legal rights, if you
don’t already have this information o Ask that a functional behavior assessment (FBA) of your
child’s behavior be completed and the results shared with you prior to the meeting (see FBA Training Manual on www.behaviordoctor.org )
o Ask about other evaluations to be discussed at the conference
What are the results? Request copies before the meeting
o Discuss your preferences for how the conference will be run
• Time • Location • Date
o Discuss whom you would like to be in attendance • Your child, if appropriate • Family members • Child advocate • Special education teachers • General education teachers • Physical and/or occupational therapists • Speech and language therapist • PE teacher/Adaptive PE teacher • Music education teacher or therapist • School psychologist • School administrator • Special education administrator • Peers (possibly for just part of the meeting) • Professionals from community agencies
• Reflect on your family’s strengths o In what areas can you provide helpful suggestions for the
IEP? o What support does your family need to address target
behavior at home? • Discuss the conference with your child
o Consider his or her preferences for participation o Ask about concerns
o Ask about your child’s accomplishments o If your child will participate, plan with him or her and the
coordinator the supports that will be needed for your child to have meaningful participation
• Arrange transportation and/or child care, if needed • Consider whether it would be helpful to visit your child’s classes
and take notes • Consider whether it would be helpful to visit possible future
placements for your child prior to the conference • Consider having a family conference to enable your family
members to provide perspectives o Discuss results of evaluations o Discuss family and individual strengths
For example- Could an older sibling help with Math?
o Discuss behavioral concerns and results of the functional behavior assessment
o Discuss and list areas that the IEP should address Prioritize those you wish to work on the most Review previous IEPs
• Make sure the new IEP does not repeat the same goals and objectives unless it is appropriate to do so
• Review progress of the previous year o Identify factors that have contributed
to gains o Identify factors that have contributed
to setbacks/lack of progress • Communicate with staff from any community agencies, related
service providers, teachers, or family members who will not be able to attend the conference
o Write down their perspectives • Write out your agenda for the meeting and share it with the
coordinator in advance o Meet with coordinator, if necessary, to plan an agenda
Dur
ing
the
Mee
ting
Connecting and Getting Started
• Greet everyone o If anyone is new to you, write down his or her name and position
• Clarify the purpose of the conference o Review the agenda o Suggest any preferred changes to the agenda
• Review the time frame o Identify people who may have to come and go so you don’t miss
the opportunity to hear from them Sharing Visions, Great Expectations, and Strengths
• Share your child’s and family’s visions for the future o What are your child and family’s great expectations? o On what child and family strengths can you build?
• Ask others on the team to share their visions of the most desirable future for your child
o These should be based on your child’s: Strengths Preferences Needs
Reviewing Formal Evaluation, FBA, and Current Levels of Performance
• Ask any questions you wrote down in advance about the evaluation results you received
• Ask for clarification of any terms that are new to you • Discuss the evaluation procedures and test results
o Ask if anyone disagrees with the results o Discuss why the results may or may not accurately reflect your
child’s daily performance • Specify current levels of performance in all areas requiring specially
designed instruction • Discuss the FBA (Why is the target behavior happening?)
o What happens before the behavior? o What happens after the behavior? o What has been the consequence or reward?
• What hypotheses were discovered in the FBA as to why the behavior is occurring?
o How were hypotheses tested? o What were the results?
• Using the FBA, precisely describe the behavior that occurs in school and home
o Discuss how these target behaviors occur in each setting Discuss similarities and differences Discuss what might account for any differences
o Compare rewards and consequences in each setting • Based on the findings of the FBA, discuss how PBS should be considered
in the development of all components of the IEP o Brainstorm ways to incorporate PBS into:
Changing environments (school and home) Altering daily routines Teaching new skills Ensuring rewards or consequences
Sharing Resources, Priorities, and Concerns
• Ask the coordinator to list on a chart: o Visions of the group for your child, especially related to
appropriate behavior o Strengths of your child, family, and school o Preferences of your child o Major behavioral, academic, and social concerns at home and
school Who will need support? Who can give support? Plan how everyone can share his or her expertise and
resources to create a comprehensive support program • Prioritize the list, encouraging team agreement
Developing Goals and Objectives
• Help generate appropriate goals and objectives (in light of current levels of performance) for all academic subjects, nonacademic subjects, and extracurricular activities that you believe will require specially designed instruction and/or support
• Make sure these goals and objectives are consistent with: o Preferences o Visions o Strengths o Priorities o Consider:
Social relationships Future educational goals Future career goals
• Make sure the goals expand the positive contributions your child can make to:
o Family o Friends
o Community o School
• Clarify who is responsible for each goal and objective • Ask how the goals and objectives will be generalized to other settings • Determine how the objectives will be evaluated
o What procedures will be used? o What schedule will be followed? o How will you be informed of progress?
Developing Behavior Intervention Plan
• Identify target behavior using: o Observable, measurable, and clear descriptions of behaviors
Don’t use words that cannot be measured and observed like:
• Aggressive • Frustrated
Do use observable and measurable words like: • Hitting with hands • Screaming • Lying down on the floor
o Identify behavior conditions as specifically as possible: Where the behavior is likely to occur
• Recess, snack table, circle etc. • Hallway, passing period, restroom
When the behavior is likely to occur • Before music, after eating, during math
Who is around when behavior occurs • Teachers, peers, paraprofessionals
• Write at least two objectives for every target behavior (more may be appropriate)
o One objective should be written to decrease target behavior o One objective should be written to increase new desirable or
socially acceptable behavior to replace the target behavior • Identify criteria that will be used to measure success:
o Frequency o Accuracy of response o Duration
• Identify timeline for: o Implementation o Monitoring progress
Data collection • Who and when • Materials for data collection • Types of data collection
o Demonstration of mastery Determining Placement
• Ensure that the placement is the least restrictive and most inclusive environment
o Does the placement enable appropriate individualized instruction? o Will your child have access to the general curriculum and will
modifications be included? o Will the school ensure peer tutoring, mentoring, or cooperative
grouping when appropriate? o Will your child have a sense of belonging with peers with and
without disabilities? o Will PBS be fully implemented in the placement?
Determining Supplementary Aids/ Services
• Ensure that supplementary aids/services are appropriate in each of the following dimensions:
o Physical dimension Mobility of student Room arrangement Seating
o Instructional dimension Access to general curriculum Class work and homework Assistive technology Instructional strategies Skill acquisition, maintenance, and generalization Test taking Grading
o Social and Behavioral Dimension Positive behavior support Self-management skills Peer support Friendships
o Team Collaboration Dimension Paraprofessional, part or full time Resource room assistance Consultation from specialist(s) Training for any or all members of the team
Determining Related Services
• Determine the related services needed to ensure educational progress, how often services will be provided, and who will provide each service:
o speech-language pathology and audiology services;
o psychological services; o physical and/or occupational therapy; o recreation, including therapeutic recreation; o counseling services, including rehabilitation counseling; o orientation and mobility services; o medical services for diagnostic or evaluation purposes; o school health services; o social work services in schools; o parent counseling and training; and o transportation. (§ 300.24).
Addressing Assessment Modifications
• What is the rationale for modifying assessment or taking alternative assessment? • Which tests are given at the current grade level?
o Which tests will be modified? • State-wide assessments • District-level tests
o What modifications will be made? • Reading of the directions • Reading of the test • Quiet room provided • Calculator provided • Shortened test time • Lengthened test time • Other
o If your child is taking alternative assessments, what will be the format? • Paper portfolios • Electronic portfolio • Video tapes • Other
Addressing Grading
• Consider the possibility of the following grading systems for measuring progress:
o Anecdotal/descriptive and portfolio grading o Checklists/rating scales o Contract grading o IEP grading
o Level grading- Indicating what grade level and semester level on which a student is working, for example: Third grade, second semester work.
o Mastery level/criterion systems: For example assigning a goal and marking when the student reaches that goal, such as 80% mastery in five out of five trials.
o Multiple grading- grading on ability, effort, and achievement. Report cards can then include a listing of the three grades for each content area, or grades can be computed by weighting the three areas.
o Numeric/letter grades o Pass/fail systems o Progressive improvement grading- As student takes tests,
participates in learning activities, and receives feedback and instruction based on his or her performance throughout the grading period. Performance on cumulative tests and learning activities during the final weeks of the grading period are used to establish the student’s grades.
Con
clud
ing
the
Mee
ting
Concluding the Conference
• Ask for a summary of the major decisions and follow-up tasks o Orally o In writing
• Clarify who is responsible for any follow-up tasks and a date by which each is to be accomplished
• Clarify how PBS will be implemented • Ask for a date to review the IEP implementation • Determine how you will communicate as a team
o Daily notebook o E-mail o Phone calls
• Review how progress will be measured and information shared • Express appreciation for the team collaboration in decision making • Affirm how valuable this alliance is to you and your family
References Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (1999); 34
C.F.R.§ 300.24 et seq. (1999); 64 Fed. Reg. 12,406-12,672 (1999) (primary federal special education statute that provides funding and sets out substantive and procedural requirements for state and local special education programs).
Salend, S.J., (2001). Creating inclusive classrooms: Effective and reflective practices,
4th ed. Columbus, Ohio: Merrill/Prentice Hall (p. 438). Shaw, J., Olive, M.L., & Wilber, J. (2001). Addressing challenging behavior in the
IEP: Writing effective outcomes, benchmarks, and objectives. Unpublished document. University of Texas, Austin.
Turnbull, A.P., & Turnbull H.R. (2001). Families, professionals, and exceptionality:
Collaborating for empowerment, 4th ed. Upper Saddle River, NJ: Merrill Prentice Hall.
SoonerStart
PART C FINAL REGULATIONS: WHAT DOES IT MEAN FOR FAMILIES?
Cynthia Valenzuela
Mark Sharp
March 2, 2012
Purpose of Part C of the IDEA
• Reduce educational costs
• Maximize potential for individuals with disabilities to live independently
• Meet the needs of all children (particularly minority, low-income, inner city and rural children, and children in foster care)
Family Engagement
• 2004 Act: To enhance the capacity of families to meet the special needs of the their infants and toddlers with disabilities.
• Part C currently serves over 348,000 infants and toddlers with disabilities and their families; therefore family engagement remained one of the guiding principles in the final regulations.
Family Engagement
• Notice and Consent Requirements
–Referral
–Screening
–Evaluations
–Disclosure of Personally identifiable Information
Family Engagement
• Transition
–Transition Plan
–Transition Conference
• Early Intervention Records
–Access Rights
–Copies of Records
Pre-referral, Referral,
Post-referral
Pre-referral Procedures
• We have added specific requirements regarding the dissemination of child find information at §303.301.
– Information is to be given especially to parents with premature infants.
– Infants with risk factors associated with learning or developmental complications.
– Lead agencies must develop procedures to assist primary referral sources to disseminate child find information.
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Pre-referral Procedures
• The lead agency must coordinate its child find efforts with the:
Programs that serve infants and toddlers who are homeless, and wards* of the State
– Children’s Health Insurance Program (CHIP)
– State Early Hearing Detection and Intervention System (EHDI)
– Child Care Programs
(§303.302)
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Pre-referral Procedures
– Child Welfare/Child Protection (CAPTA and foster care)
– Family Violence Prevention and Services
– The Home Visiting Program under MCH
*Note: “Ward” of the State is defined at §303.37.
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Pre-referral Procedures
• Central Directory - §303.117 – The lead agency must make the central directory
available “through other appropriate means” than the lead agencies website.
– States may determine the methods it will use to provide access to the general public.
– Requires accurate and up-to-date information about:
• Public and private EI services, resources and experts in the State
• Demonstration projects in the State relating to EI
• Professional and other groups (e.g. Parent Centers)
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Referral Procedures
• Primary referral sources are required to refer a child to the Part C program “as soon as possible but in no case later than seven days” after identification at §303.303(a)(2)(i).
– Prior requirement was “two working days after identification”.
– Recommending earlier referral may be reasonable.
– Maximum timeline of seven days provide more flexibility to primary referral sources.
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Post-referral Procedures
• Within 45 days after the lead agency or EIS provider receives a referral, the screening (if applicable), initial evaluation, initial assessments, and the initial IFSP for that child must be completed unless:
– The child is not available due to family circumstances, or
– The parent has not provided consent for screening (if applicable), or the child’s evaluation or assessment.
(§§303.310(a) and (b))
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Post-referral Procedures
• Screening: Using screening procedures is an option that a lead agency may choose to include as part of the State’s child find system.
• Screening Procedures are defined in §303.320(b) as:
– Activities carried out by to identify infants and toddlers suspected of having a disability and in need of EI services.
– Includes the administration of appropriate instruments and personnel trained to administer
those instruments.
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Post-referral Procedures
• The lead agency must obtain parental consent prior to administering any screening procedures. (§303.320(a)(1)(ii))
• The State must provide notice of the screening results to the parent and, if the screening results indicate the child is suspected of having a disability, an evaluation of the child must be conducted. (§303.320 (a)(2)(ii))
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Post-referral Procedures
• If the child is not suspected of having a disability, parents must be provided notice of that determination, and that notice must describe the parent’s right to request an evaluation.
• A parent may request an evaluation at any time during the screening process even if the screening suggests that the child is not suspected of having a disability. (§§303.320(a)(2)(ii) and (a)(3))
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Post-referral Procedures
• Evaluation: Parental consent is required before evaluation.
– Evaluation means the procedures used by qualified personnel to determine initial and continuing eligibility.
– Initial Evaluation refers to the child’s evaluation to determine eligibility. (§303.321(a)(2)(i))
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Post-referral Procedures
• The required evaluation procedures must include:
– Administering the evaluation procedure;
– Taking the child’s history (including interviewing the parent);
– Identifying the child’s level of functioning in each of the developmental areas;
– Reviewing medical, educational and other records; and
– Gathering information from other sources. (§303.321(b))
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Post-referral Procedures
• The evaluation must be conducted in the native language of the child.
– Native language is defined at §303.25.
• The language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child, except:
– For purposes of evaluation and assessment, the language normally used by the child, if determined developmentally appropriate for the child by qualified personnel conducting the evaluation or assessment.
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Post-referral Procedures
• If the child is not eligible, the lead agency must:
– Provide the parent with prior written notice and include the parent’s right to dispute the eligibility determination through the dispute resolution mechanisms (due process hearing, mediation or filing a State complaint). (§303.322)
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Post-referral Procedures
• A child’s medical records and other records may be used to establish eligibility (without conducting an evaluation of the child), if the records indicate that functioning in one or more of the developmental areas:
– Constitutes a developmental delay (as defined by the State), or
– The child meets the criteria of an infant or toddler with a disability. (§303.321(a)(3)(i))
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Post-referral Procedures
• A condition that has a high probability of resulting in developmental delay as listed at §303.21(a)(2), and includes as examples:
– Chromosomal abnormalities
– Congenital infections
– Sensory impairments
– Severe attachment disorders
– Secondary exposure to toxic substances (fetal alcohol syndrome)
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Post-referral Procedures
• Assessment means the ongoing procedures used by qualified personnel to identify a child’s unique strengths and needs and the appropriate EI services.
– Initial Assessment refers to the assessment of the child and the family conducted prior to the child’s first IFSP meeting.
(§303.321 (a)(2)(ii) and (iii))
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Post-referral Procedures
• The lead agency must ensure the development of an IFSP developed by a multidisciplinary team.
– The multidisciplinary team with respect to the IFSP team in §303.24(b) means the parent and two or more individuals from separate disciplines or professions and one of these individuals must be the service coordinator.
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Post-referral Procedures
• The specific service coordination services under §303.34 include:
– Making referrals to providers for needed services and scheduling appointments for infants and toddlers with disabilities. (§303.34(b)(1)).
– Conducting follow-up activities to determine that appropriate Part C services are being provided. (§303.34(b)(7)).
– Coordinating funding sources for Part C services ONLY. (§303.34(b)(9)).
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Model IFSP Form
• Statute under IDEA section 617 requires modes to be published.
• Includes all of the regulatory content-related requirements.
• Can be found on line at www.idea.ed.gov
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Transition
Transition Notification
• Prior to a toddler exiting the Part C early
intervention program, if that toddler is potentially eligible for services under Part B of the IDEA, the lead agency must notify the SEA and the LEA where the toddler resides that the toddler on his or her third birthday will reach the age of eligibility for services under Part B. (§303.209(b)(1))
Transition Notification
• The SEA/LEA notification must be consistent with any opt-out policy that the State has adopted. (§303.209(b)(2))
• States can adopt an opt-out policy that permits a parent to object to the disclosure of the child find personally identifiable information (PII). (§§303.209(b)(2) and 303.401(e))
• The opt-out policy includes notifying the parent of the limited disclosure of PII for child find purposes and allowing a specified period of time for the parent to object. (§§303.209(b)(2) and 303.401(e))
Transition Notification (§303.209(b)(1))
Status of Toddler Who is Potentially Eligible for Part B
Lead Agency Notifies LEA / SEA
Exiting Part C by age three (§303.209(b)(1)(i))
At least 90 days prior to toddler’s third birthday.
Determined eligible for Part C 45 – 90 days prior to turning age three (§303.209(b)(1)(ii))
As soon as possible after the eligibility determination.
Referred to lead agency less than 45 days prior to turning age three (§303.209(b)(1)(iii))
No evaluation / assessment / IFSP required, but MUST notify the SEA & LEA if the child may be eligible for Part B (with parental consent, if applicable, under §303.414).
Transition Conference §303.209(c)
• Must be conducted with family’s approval.
• For a child exiting Part C and potentially eligible for Part B services, the transition conference must be held, with family approval, at least 90 days and not more than 9 months prior to the toddler’s third birthday. Required participants include the lead agency, the LEA and the family. (§303.209(c)(1))
Transition Plan
• Service coordination services includes facilitating the development of a transition plan. (§303.34(b)(10))
• The IFSP must include a transition plan for all infants and toddlers with a disability who are exiting from Part C. (§303.209(d))
Procedures for Transition Plans §303.209(d)
• Must be in the IFSP.
• Must be established not fewer than 90 days and, at the discretion of all parties, not more than 9 months before the toddler turns age three.
• Review of program options.
• Each family is included in development of the transition plan.
• Must include steps and services.
Part C Subpart E
Procedural Safeguards
• Consent & Notice
• Confidentiality
• Dispute Resolution
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Definition of Parent • A biological or adoptive parent of a child;
• A foster parent, unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent;
• A guardian generally authorized to act as the child’s parent, or authorized to make early intervention, educational, health or developmental decisions for the child (but not the State if the child is a ward of the State);
• An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or
• A surrogate parent.
(34 CFR § 303.27)
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What is consent? (a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent’s native language, as defined in §303.25; (b) The parent understands and agrees in writing to the carrying out of the activity for which the parent’s consent is sought, and the consent form describes that activity and lists the early intervention records (if any) that will be released and to whom they will be released; and (c)(1) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time. (2) If a parent revokes consent, that revocation is not retroactive (i.e., it does not apply to an action that occurred before the consent was revoked). (§ 303.7)
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-Fully informed -Agrees in writing
-Voluntary
When is parental consent required?
• Administering screening procedures under § 303.320 that are used to determine whether a child is suspected of having a disability;
• All evaluations and assessments of a child are conducted under § 303.321;
• Early intervention services are provided to the child under this part;
• Public benefits or insurance or private insurance is used if such consent is required under § 303.520; and
• Disclosure of personally identifiable information consistent with § 303.414. (§ 303.420)
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What is Notice? Right to receive information in writing.
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When must Prior Written Notice be provided to parents?
Parents must be provided notice a reasonable time before the lead agency or EIS provider proposes, or refuses, to initiate or change the identification, evaluation or placement of their infant or toddler, or the provision of early intervention services to the infant or toddler with a disability and that child’s family. (§303.421(a))
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Notices for Screening
If the State has adopted screening procedures, the lead agency or EIS provider must provide the parent notice:
• Prior to screening the child, of the intent to screen the child, and
• After screening the child, of the determination that the child is:
– Suspected of having a disability, or
– Not suspected of having a disability.
(§303.320(a)(1)(i) and (a)(2))
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What is the Part C right of confidentiality?
A lead agency or other participating agency may not disclose personally identifiable information (as defined in §303.29), to any party except participating agencies that are part of the State’s Part C system without parental consent unless there is a specific exception under § 303.414(b).
(§ 303.414(a))
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Definition of “Participating Agency”
• Any individual, agency, entity, or institution that collects, maintains, or uses personally identifiable information to implement the requirements in Part C of the Act and the Part C regulations with respect to a particular child.
(§303.403(c))
• Includes the lead agency and EIS providers, but does not include primary referral sources, or those public agencies or private entities that act solely as funding sources for Part C services.
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For what records?
Early intervention records
• Defined as -- All records regarding a child that are required to be collected, maintained, or used under Part C of the IDEA and the implementing regulations.
(§303.403(b))
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When Does Part C Confidentiality Apply?
• From the time the child is referred for early intervention services under IDEA Part C
• Until the later of when the participating agency is no longer required to maintain or no longer maintains personally identifiable information regarding that child under applicable Federal and State laws. (§303.401(c)(2))
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Access to Records
• The lead agency is required to make available to parents an initial copy of the child’s early intervention record, at no cost to the parents. (§303.400(c))
• A participating agency is required to provide, at no cost to the parent, a copy of each evaluation, assessment of the child, family assessment, and IFSP as soon as possible after each IFSP meeting.
(§303.409(c))
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Requesting Access to Records
A participating agency is required to comply with a parent’s request to inspect and review the early intervention records of his/her child in no more than 10 days after the parent makes the request.
(§303.405(a))
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Dispute Resolution Options
The Final Regulations continue to require lead agencies to have written procedures for the timely resolution of complaints through three mechanisms:
• Mediation,
• Minimum State complaint procedures, and
• Due process hearing procedures.
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Mediation
• Mediation must be available at any time, not just when a due process hearing is requested.
• If the parties resolve a dispute through the mediation process, they must sign a legally binding written agreement that is enforceable in any State court of competent jurisdiction or in a district court of the United States.
(§303.431(a))
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State Complaints
• The complainant must forward a copy of the complaint to the public agency or EIS provider serving the child at the same time it is filed with the lead agency.
• The lead agency, public agency, or EIS provider must be given the opportunity to respond to the complaint, including:
– At the discretion of the lead agency, providing a proposal to resolve the complaint.
– An opportunity for the parties to voluntarily engage in mediation.
(§§ 303.403(c) 303.403(c) 303.433 and 303.434)
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What must be in the Complaint?
The complaint must include—
(1) A statement that the lead agency, public agency, or EIS provider has violated a requirement of Part C;
(2) The facts on which the statement is based;
(3) Signature & contact information for complainant; and
(4) If alleging violations with respect to a specific child—
– (i) Name & address of the residence of the child;
– (ii) Name of the EIS provider serving the child;
– (iii) Description of the problem, including facts; &
– (iv) A proposed resolution of the problem to the
extent known. (§ 303.434(b))
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What is the Timeline for Filing a Complaint?
The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received…
§303.434(c)
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Complaint Timeline
• The lead agency must provide the complainant a written decision within 60 days after the complaint is filed.
• That timeline may be extended if the complainant and the lead agency, public agency or EIS provider agree to engage in mediation.
• Extensions of the 60-day timeline may still also be granted due to exceptional circumstances that exist with respect to a particular complaint.
(§ 303.433)
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Due Process Hearings
Under the Final Regulations, States may still choose between adopting the due process procedures under Part C or Part B of the IDEA to resolve individual child disputes. The Part C regulations include the procedures the State would implement to adopt either Part C or Part B due process procedures.
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Transcripts, Findings of Facts, and Decisions
Under the Part B and C procedures, parents have the right to receive,
• A transcript of the hearing; and
• A copy of the findings of fact and decisions,
• at no cost to the parent.
(§§ 303.436(b)(4)-(5) and 303.444)
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Part C Due Process Hearing
Timeline
If a State adopts Part C procedures, the due process hearing must be completed no later than 30 days after receipt of the complaint.
A hearing officer may now grant specific extensions of time… at the request of either party.
(§303.437(c))
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Part B Due Process Hearing Timeline
• The State is allowed to adopt either a 30- or 45-day timeline for resolution of due process complaints (Under the Part B procedures, hearing officers may still grant extensions at the request of either party).
• The State is required to specify which timeline it has adopted in the State’s written policies and procedures under §303.123 and in the State’s prior written notice under §303.421
(§303.440(c))
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Use of Public Insurance
Three major changes to the use of public insurance:
• Parents not yet enrolled in public insurance or benefits program (§303.520(a)(2)(ii))
• The use of public benefits or insurance result in specific costs to the parent (§303.520(a)(2)(ii)(A)-(D))
• Written notification (§303.520(a)(3))
Use of Private Insurance
• Parental consent is required for the use of a parent’s private insurance to pay for Part C services unless a State has enacted a State statute regarding private health insurance coverage for Part C services that expressly includes all of the provisions in §303.520(b)(2).
• Parental consent must be obtained:
– When the lead agency or EIS provider seeks to use the parent’s private insurance or benefits to pay for the initial provision of an early intervention service in the IFSP; and
– Each time consent for services is required under §303.420(a)(3) due to an increase (in frequency, length, duration, or intensity) in the provision of services in the child’s IFSP. (§303.520(b)(1)(i))
Use of Insurance Guidance
• Nonregulatory guidance: – Section B of the document addresses the use
of public insurance or benefits or private insurance to pay for Part C services.
– http://osep-part-c.tadnet.org/materials
Effective Date
• Part C regulations published September 28, 2011 and regulations became “effective” 30 days after publication date.
– States will be held to previous regulations for full FFY 2011 grant award period (July 1, 2011 – June 30, 2012) unless they adopt new provisions earlier.
– States will be held to the new Part C regulations when they accept their FFY 2012 grant award (July 1, 2012).
FFY 2010 SPP/APR (due February 1, 2012)
• Because the prior regulations were in effect during the FFY 2010 reporting period, the new regulations do not effect the FFY 2010 APR due Feb. 1, 2012.
• For the APR due February 1, 2012, States will report using the same Indicators 8, 10 & 11 data required by the previous measurement table.
For FFY 2011 SPP/APR (due February 1, 2013)
• For this APR, States will be reporting on data collected between July 1, 2011 and June 30, 2012.
• At time regulations were published, FFY 2011 report year had already begun.
• Therefore, States are not required to report on the new Indicators 8, 10 & 11 for the FFY 2011 APR.
For FFY 2012 SPP/APR (due February 1, 2014)
• For this APR, States will be reporting on data collected between July 1, 2012 and June 30, 2013.
• All new Part C requirements will have been in effect for he full reporting year.
• Therefore, all States will be required to report on the new Indicators 8, 10 & 11 for the FFY 2012 APR.
Application for FFY 2012 Funds
• Application due April 16, 2012.
• Combination of assurances and required submission of policies, procedures, methods and descriptions.
• OSEP encourages States to revise their policies and procedures prior to submitting them with FFY 2012 grant application but recognizes that not all States will be able to complete revisions prior to April 16, 2012.
Questions?
Go to http://idea.ed.gov
Mark Sharp
Associate State Director
405-521-4880
Cynthia Valenzuela
Associate State Director
405-521-4872
64
OKLAHOMA PROJECT SEARCH™
A JOB READINESS PROGRAM FOR YOUNG ADULTS WITH DISABILITIES
Kim Osmani, Transition Coordinator
Oklahoma Department of Rehabilitation Services
Topics
What is Project SEARCH™?
Partnerships and Relationships
Program Model Design Options
Job Placement
What is Project SEARCH™
A partnership that focuses on assisting individuals with
disabilities to find and maintain employment. Nationally,
the unemployment rate for adults with disabilities is nearly
70% and the majority of these individuals want to work.
It provides a framework for an unpaid internship program for
young adults with disabilities at a host employer building
upon the success of the national Project SEARCH originated
at Cincinnati Children’s Hospital Medical Center.
Who is Involved?
Project
SEARCH
School or CareerTech
Dept. of Rehabilitation
Services
OU-NCDET
Community Rehabilitation
Provider
Host
Business
What does it Look Like?
8-10 students report to the host business for each
school day
AM classroom instruction on employment related
topics/team meetings
Minimum of 4 hours spent in job site rotation
(three 10-week rotations in a year); 4 to 1 ratio of job
coaches training interns
PM classroom instruction/debrief
Monthly progress meetings
Independent Employment!!!
How are Individuals Selected? Candidates must submit a completed application.
Candidates must be eligible for vocational
rehabilitation services through DRS.
Candidates must want to and be able to work
independently in the community upon completion of
the program.
Applications are reviewed for completion, relevance,
eligibility, and experience.
Candidates are interviewed by a panel of partners.
Candidates are selected based on DRS eligibility,
experience, scores on interview, and fit with the
program.
Who provides what?
School Support
Full-time instructor’s salary and
fringe
Transportation (?)
Uniform expense
National Site License
Materials and supplies
Student liability
insurance
Lunch (?)
Who provides what?
Host Business Support
Classroom space
Access to Internet and
Phone
Access to staff and
departments
Internal marketing
Internship sites
Liaison to team
Natural supports
Who provides what?
DRS Support
Funds for job
coach(es)
Part of uniform expense
Contract with OU-NCDET
Lead DRS
counselor
Supports and
Resources
Key Concepts of Project SEARCH™
Not the “Easiest” Jobs,
But “Complex and Systematic” Jobs
Student Eligibility Guidelines
Desire and ability to work!
At least 18 years old during the program year or high school
graduate (depends on your program and partners)
Be able to communicate effectively
Meet eligibility requirements for Vocational Rehabilitation
Appropriate personal hygiene, social and communication skills
Ability to take direction
Willingness to change behavior
Pass drug screen, background check, immunizations
Family support toward employment/independence
Have transportation to/from site or be willing to work toward
independent transportation
Achieve independent, community employment!
August June
Begin PS
Program
1st 10
week
rotation
2nd 10
week
rotation
3rd 10
week
rotation
Graduate &
begin work at
host site or in
Community
Up to 1 month
Student
Orientation
Annual Internship Calendar
Sample Program Day
8:00-8:45 am Team Time - Independent Living / Employability Skills
Lessons are based on daily living/employability skills, (i.e., problem solving, team work,
decision making, budgeting, check writing, nutrition, resume writing-instruction).
Follows an approved Project SEARCH Curriculum.
8:45-9:00 am Transition from team time to internship site
9:00 am-2:15 pm Internship Site (includes 30 minute lunch)
Interns participate in non-paid job internship sites throughout the host business to learn
job specific and employability skills. They rotate through three different internships
throughout the year spending approximately 10 weeks in each rotation.
Time Varies Lunch Interns are allowed 30 minutes for lunch and follow the lunch schedule of the
department in which they are interning. Interns may brown bag or purchase a lunch at
the business. Interns are encouraged to eat with their co-workers and peers at the
internship rotation.
2:15-2:30 pm Transition from internship site to debrief
2:30-3:00 pm Debriefing - Refection/Planning/Evaluation
Partnerships and Relationships
Everyone contributes – Everyone benefits.
Networking in the community and connecting with the
right person to get your foot in the door.
From marketing and application to selection and
beyond. Improves end result.
Working toward same goal—employability.
Win-win for everyone.
Mission driven employers who are committed.
Buy-in and fostering internal relationships.
High School Transition Senior English and Elective Credits
St. John Medical Center and Jenks Public Schools, Tulsa
• In 4th year of implementation
• Job Coaches hired by school
Valley View Regional Hospital and Byng Public Schools, Ada
• In 4th year of implementation (began as young adult)
• Partnership of 6 school districts
INTEGRIS Bass Baptist Health Center and Enid Public
Schools, Enid
• In 2nd year of implementation
• Allow student transfers
St. John Medical Center, Tulsa
Female hired two years ago in Tulsa
Male intern in Tulsa
Female intern in Tulsa
Valley View Regional Hospital, Ada
Male intern in Ada
Female intern in Ada
Male intern in Ada
INTEGRIS, Enid
Female intern in Enid
Female intern in Enid Male intern in Enid
Young Adult Programs in OKC High School Graduate and CareerTech (18-22)
Chesapeake Energy Corporation and Metro Technology Centers
• In 2nd year of implementation
• Job Coaches hired by CareerTech
• Only corporate partner outside the health field in Oklahoma
Mercy Health System and Francis Tuttle Technology Center
• In 2nd year of implementation
• Increased CareerTech enrollment
• Job Coaches hired by CareerTech and do placement
Chesapeake, OKC
Female intern in OKC Female intern in OKC
Male intern hired in OKC last year
Mercy, OKC
Male intern in OKC
Female intern in OKC
Male intern in OKC
Job Placements/Employers
Employer/Business Position Obtained
INTEGRIS Bass Baptist Health
Center
Nutrition Service Worker
CiCi’s Pizza Busboy/Dishwasher
St. John Medical Center Certified Nurses Aide, Medical
Assistant, EKG Technician,
Transporter, Dietary,
Environmental Specialist
NOWSU Enid Campus Housekeeping/Maintenance
Wal-Mart Stocker, Greeter, Zoner, Carts,
Cashier
Job Placements/Employers
Employer/Business Position Obtained
Chesapeake Energy Records Technician, Restaurant
Support
Farmer’s State Bank Office Assistant
Solo Cup Company Packaging
Valley View Regional Hospital CNA, Housekeeper
Rolling Hills Hospital Assistant Cook
First United Methodist Church Maintenance
Care Dynamics HTS
Chartwells Dishwasher, Cashier
Success Rate in Oklahoma
% employed calculated only on those who completed the program.
Data as of
10/10/11 # began # completed # employed % Employed
Year 1
(2 sites) 14 10 9 90%
Year 2
(2 sites) 16 14 9 64%
Year 3
(5 sites) 39 36 18 50%
Total after 3
years 69 60 36 60%
Unexpected Benefits
Obtained driver’s license
Moved out on own
Obtained CNA certification
Purchased vehicles
Friendships and social networks
Improved self-esteem, maturity
Changed business culture
Parental hopes met, partner expectations exceeded
Increased income, now eligible for benefits
through employer, working toward eliminating
SSA benefits
Male intern hired in OKC
Contact Information
Judi Goldston
(405) 325-0448
Kimberly Osmani
(405) 635-2768
Beginning to Build an Effective Parent Involvement System in
Your School District
Jo Anne Blades, Program Manager, Special Education Resolution Center (SERC)
Andrea Kunkel, Staff Attorney, Cooperative Council for Oklahoma School Administration (CCOSA)
Justin Milner, President, Oklahoma Directors of Special Services (ODSS) and Director of Special Services,
Norman Public Schools Kay Sandschaper, Director of Special Services, Tulsa
Public Schools
1
Background of Parent Involvement Discussion
2
Beyond IEP Meetings
3
Beyond Parent-Teacher Conferences
4
Beyond Volunteering
5
Beyond PTO Meetings
6
Starting Out – Acknowledge Concerns
7
Examples - What Worked? What Didn’t? Why?
8
Possible Ways to Start
9
Where Do We Want to Go? How Do We Get There?
10
Who Else Is Working on Parent Involvement Issues?
What Are They Doing?
• OPC/SDE – Special Education Services section project
• SERC projects
• ODSS project
11
Audience Input
12
PowerPoint Presentation prepared for Oklahoma Parents Center Conference
held on March 2, 2012
13
2/8/2012
1
Creating Effective Learning EnvironmentsApplying the Laws of Behavioral Learning in the Home, Community, and Classroom
Paul A. Böer, Sr., M.Ed.
Education Director
Rose Rock Academy
Oklahoma City, OK
Common Behavior Problems for
Children with Autism
Looking away, non-responding, non-compliance
Self-stim (rocking, mouthing objects, etc.)
Falling to the floor
Running from adults
Climbing on tables, counters, bookcases, etc.
Screaming, yelling, loud noises, etc.
Crying
Tantrums (combination of behaviors)
Property destruction
Hitting, pushing, biting, etc.
Self-injurious behaviors
Behavioral Psychology can be a powerful tool to
understand and change problem behaviors
• The three-term contingency (An ABC analysis)
Antecedent Behavior Consequence
Stimulus (SD) Behavior (all kinds) Reinforcement
Child doesn’t Runs from adults Delays going
want to come inside and gets
Inside chased
What Causes Negative Behaviors?
There are many possible causes of negative behaviors
The first task to identify what is causing the specific behavior
Use the three-term contingency to identify the cause of a behavior
Step one: Define the behavior (start small--1-2 behaviors)
Step two: Identify the antecedents (events before the behavior)
Step three: Identify the consequences (what happened after the beh.)
Antecedent Behavior Consequence
What Causes Negative Behaviors?
Many negative behaviors are caused by inadvertent reinforcement Negative behaviors may get attention, reaction, reprimands... Negative behaviors may get access to reinforcers Negative behavior may allow one to avoid undesirable activities Negative behavior may allow one to escape undesirable activities Negative behavior may be fun (Stim, destruction, climbing) Positive behaviors don’t have the same effect as above No alternative skills to achieve the same reinforcer (language)
What is Reinforcement?
• Reinforcement is anything that increases a behavior• Reinforcement can be getting good things (e.g., attention, toys, food)• Reprimands and negative attention can sometimes be reinforcers for kids• Reinforcement can be getting rid of bad things (e.g., demands, bedtime, shoes)• Reinforcement increases good and bad behavior• Most reinforcement occurs unplanned or naturally• Understanding how reinforcement works is essential to solving behavior
problems
2/8/2012
2
Both good and bad behaviors
are strengthened by
reinforcement
How to Change Problem Behaviors
Identify the cause and frequency of the behavior
Reinforcers are your behavior change tools: Identify and control them
Three parts to the intervention Prevention (antecedent intervention)
Teach and reinforce (positive) replacement behaviors
Change the consequence after the problem behavior (reduce negative behavior)
Attention Seeking: Minor Negative Behaviors
Behavior: Loud voice, knocking things off the table, taking other’s toys for attention, noisy, fidgeting, whining, mild tantrums, pouting, sulking, etc.
1st Step: Identify the cause using an A-B-C analysis For example: Seeking attention (high motivation for attention)
2nd Step: Prevention: Identify high probability settings and time for problem behaviors and increase reinforcement, re-schedule competing activities (e.g., phone calls, bill paying), plan child activities, etc.
3rd Step: Teach Positive Behavior - Reinforcement: Deliver reinforcement for appropriate behavior, on a consistent basis (e.g., 10-30 times per hour)
4th Step: Reduce Negative Behavior - Extinction: Ignore minor negative behaviors; choose battles wisely
Minor Negative Behaviors
Other possible causes of minor negative behaviors
Weak expressive language
Provide mand training
Manding is asking for reinforcers with words, signs, or PECS
It is often very easy to teach a child to mand (see Sundberg & Partington, 1998)
Minor Negative Behaviors
Other possible causes of minor negative behaviors
The curriculum is too hard, out of developmental sequence, or of little value to the child.
Use an assessment tool to identify a developmentally appropriate language and social skills curriculum
How to use Reinforcement
to Reduce Negative Behaviors
• Make sure you really have a reinforcer• Deliver the reinforcer immediately after good behavior• Set up lots of opportunities for good/correct behavior (Don’t just wait for them)• Use a variety of reinforcers• Deliver some reinforcers free (pairing)• Smile, be sincere, laugh, goof around, have fun with your child• Some kids will require lots of reinforcers per hour (30-50)• Engagement usually is reinforcing!
• Lack of reinforcement for positive behavior can increase negative behavior
2/8/2012
3
Examples of Reinforcers
that Many Children Like Social/physical reinforcers: attention, smiles, hugs, praise,
funny faces, high fives, tickling, rough housing, chasing clapping hands, praise, a good laugh together, thumbs up, pats on the back, etc.
Activity reinforcers: playing a game, going to the park, reading a book together, pushes on a swing, riding a bike, wagon rides, swimming, adventures, put up a tent in the yard, watching a DVD, helping cook, etc.
Material reinforcers: food, drink, toys, bubbles, balloons, crayons, musical toys, playdough, cars, sand play,etc.
Ignoring Bad Behavior: Extinction
Be prepared for an extinction burst
Eye contact is often attention (reinforcement)
Don’t show facial reactions.
Don’t argue, scold or talk (attention)
Don’t show anger (attention)
Act absorbed in some other activity, walk away
Give your child lots of attention shortly after the bad behavior stops
More Serious Behaviors and Noncompliance
Behavior: Tantrum, hitting, throwing, scratching, falling to the floor, etc.
1st Step: Identify Causes using A-B-C analysis
Parental demand (e.g., go to bed, eat at the table, put on your shoes)
Remove/denial of reinforcers (turn off TV, Come inside, turn off game boy, can’t have desired toy in the store)
OFTEN, THE CHILD HAS LEARNED THAT NEGATIVE BEHAVIOR WILL REMOVE OR DELAY A TEACHER’S OR PARENT’S DEMANDS
More Serious Behaviors and Noncompliance
2nd Step: Prevention
Identify high probability problem areas
Verbally prepare the child if possible
Use “if-then” contingency for more verbal children
Take activities and reinforcers to Dr.s office, store, friends houses, etc.
Ask for the same behavior under less “high probability” times, and reinforce
Break demand into small steps and reinforce each step
Make your expectations clear, and be consistent
Reinforce approximations
Establish time limits for reinforcers.
Use extra time as reinforcers for no tantrums
More Serious Behaviors and Noncompliance
3rd Step: Teaching Positive Behavior
Initially avoid demands that compete with powerful motivators
Obtain the most powerful reinforcers for that child
Carefully control and deliver those reinforcers after positive behaviors
However, periodically deliver free reinforcers (pairing)
Create a hierarchy of demands beginning with the simplest tasks (“clap hands” might be an easy demand)
Provide lots of opportunities for the child to comply and be successful
More Serious Behaviors and Noncompliance
3rd Step: Teaching Positive Behavior
Initially avoid demands that compete with powerful motivators
Gradually increase the demand (VR2, VR3, VR4)
Work in short sets of trials throughout the day (this is 24/7)
Work in all environments
Transfer control to other new adults (generalization)
Gradually begin to include high problem area demands (e.g., giving up reinforcers)
Occasionally give back the reinforcer when given up
Always end the session on the adult’s terms, and on a positive note
2/8/2012
4
More Serious Behaviors and Noncompliance
4th Step: Weaken the negative behavior
Extinction: Do not remove the demand
Follow through with the demand
Be prepared for an extinction burst
Make your expectations clear
Caution: Removing the demand will make the problem worse
Make sure negative behavior DOES NOT get reinforced in any way
Do not promise reinforcers for stopping
Do not show reinforcers when engaging in negative behaviors
Do not try and “talk a child down” (reinforcement)
Be calm, firm and non-emotional. Do not get caught up in an argument or power struggle
Be Organized and Plan Ahead
to be More Effective
Anticipate your child’s needs before his bad behavior forces you to meet his needs
Avoid situations that you think might make the child irritable (e.g., staying out past their bedtime, shopping for a long time)
Teach others in the home what you have learned today
Always be a good role model
Summary
Most negative behavior is learned behavior
Use the four steps to reduce a negative behavior
1st step: Use the three-term contingency to identify what causes the behavior
2nd step: Prevent behavior problems (Change the task or demand levels, increase prompts, increase reinforcers for approximations)
3rd step: Actively teach positive behaviors and continue to build on them
Identify a wide variety of reinforcers and frequently deliver them for good behavior
Summary
4th step: Change the existing consequences for negative behavior
Negative behavior often gets reinforced more often than positive behavior
Don’t reinforce the problem behavior
Ignore minor misbehavior
Change is often gradual
Summary
Use the three-term contingency to identify what causes the behavior
Identify a wide variety of reinforcers and frequently deliver them for good behavior. You get “paired” with these reinforcers.
Negative behavior often gets reinforced more often than positive behavior.
Don’t reinforce the problem behavior
Ignore minor negative behavior
Prevent behavior problems (Change the task or demand levels, increase prompts, increase reinforcers for approximations)
Directly teach replacement behaviors
Have lots and lots of fun time with the kids (pairing)
Learn as much as you can about Behavior Analysis, it is a powerful tool for improving the lives of children and their families
Section 504, ADA and IDEA The Education of Students with
Disabilities in Public Education
Presented by: Alan Hughes, JD
Today’s Objectives Discuss the requirements of Section 504 of
the Rehabilitation Act and compare to Individuals with Disabilities Education Act
Explain the responsibilities of public
schools in educating students with disabilities
2
Which Schools are Covered by 504?
Section 504 prohibits discrimination on the basis of disability by schools that receive Federal financial assistance
Title II of the ADA prohibits discrimination against people with disabilities by public schools (including public vocational schools and public charter schools)
3
IDEA is Different Many students are served under another federal law, the Individuals with Disabilities Education Act (commonly referred to as IDEA)
4
Section 504 What do school districts need to know?
5
Locate and Notify Every year, each district must:
Identify and locate students with disabilities in the district who are not receiving a public education
Notify parents/guardians of children with disabilities of the district’s duties under Section 504
6
Provide a Free Appropriate Public Education to each qualified student with a disability in the school district’s jurisdiction regardless of the nature or severity of the
disability
7
What does “free and appropriate” mean? Free means free!
not charging for costs related to disability may charge usual fees paid by all students
Appropriate: regular or special education and related aids
and services designed to meet a student's individual needs as adequately as the needs of non-disabled persons are met
8
The Process
Identify and Evaluate
Districts must individually evaluate any child who, because of a disability, needs or is believed to need special education or related services
10
When must the evaluation occur?
Before the child’s initial placement in a regular or special education program
11
Purpose of the Evaluation The evaluation is intended to answer two questions: (1) Does the child have a disability under Section 504/Title II? If so: (2) What are the child’s individual education needs? 12
Question #1: Does the child have a disability?
i.e., does the student have a physical or mental impairment which substantially limits one or more major life activities?
13
What is an Impairment?
Any physiological condition that affects a bodily system, or any mental or psychological disorder
14
Does the student’s impairment substantially limit one or more major life activities?
15
Major Life Activities include (but are not limited to):
Caring for oneself Performing manual tasks Walking Seeing Hearing Speaking Breathing Learning Working
Eating Sleeping Standing Lifting Bending Reading Concentrating Thinking Communicating
16
Major Life Activities (cont.)
Functions of the immune system Normal cell growth Digestive Bowel Functions Bladder
Major life activities also include operation of “major bodily functions” such as:
Brain Circulatory Endocrine Reproductive Neurological Respiratory
17
Substantial Limitation
Does not mean severe restriction or inability in performing major life activity
Look to condition, manner, duration
18
IDEA vs. Section 504/Title II
IDEA defines disability differently To be protected under IDEA, a child must:
have a particular disability listed in IDEA and
need special education and related services Under Section 504, a qualified student with a
disability is protected regardless of whether the student needs special education
19
Question #2: What are the child’s individual education needs? Needs are identified by looking to a variety of evaluation sources, including: aptitude and achievement tests teacher recommendations physical condition social or cultural background adaptive behavior
20
21
The student has been evaluated Eligibility has been established Her/His needs have been identified Next, decide on . . .
21
PLACEMENT
22
23
Appropriate educational services designed to meet the student’s individual needs
Placement
23
24
Who Decides? The “team” -- a group that includes
persons knowledgeable about: the student the meaning of the evaluation data the placement options
24
25
Placement Procedures The Team carefully considers: evaluation information from a variety of
sources all significant factors affecting the
students ability to receive a FAPE 25
26
Placement Procedures cont’d The Team: documents all the information considered does not rely on assumptions regarding
persons with disabilities or classes of such persons
IT’S ABOUT THE INDIVIDUAL!
26
27
Types of Academic Settings
Regular classes Regular classes with supplementary
services, and/or Special education and related services However, all students must. . .
27
28
Academic Setting cont’d Be educated with non-disabled students to
the maximum extent appropriate to the needs of the student with a disability
Presumption: Placement should be in
regular classroom unless an appropriate education cannot be achieved satisfactorily with supplementary aids and services
28
29
Comparable Facilities Any district facility for persons with
disabilities must be comparable to the other facilities, services, and activities of the district
29
Once educational placement has been decided . . . Implement the plan!
30 30
Re-Evaluation – When?
Periodically Before a significant change in
placement
31
Significant Change in Placement - Discipline Misconceptions:
students with disabilities cannot be disciplined
students with disabilities have no special protections regarding discipline
Disciplinary exclusion may result in a significant change in placement, triggering need for re-evaluation
32 32
33
School districts must provide a system of
procedural safeguards regarding identification, evaluation, and educational placement
Procedural Safeguards
33
34
Procedural safeguards include: Notice Records review by parent or guardian Due process -- impartial hearing with
participation by parent and counsel A review procedure
34
FAPE - Common Compliance Concerns Making decisions unilaterally instead of by
Team Making decisions that are not based on
evaluation information or child’s needs Failing to implement IEP or 504 Plan Not affording parents procedural
safeguards
35 35
Other Responsibilities
36
37
Extracurricular and other Non-Academic Activities
Students with disabilities must be provided
an equal opportunity to participate in transportation, lunch, recess, physical education, clubs, athletics, etc.
May be part of 504 Plan
37
Discrimination under 504/Title II Denial of FAPE is only one form OTHERS:
Different treatment/impact Disability harassment “Significant assistance” to an entity that discriminates Any exclusion, denial of benefit, or other form of discrimination
38 38
39
Districts must also:
establish grievance procedures for resolving complaints (“prompt and equitable”)
designate a 504 Coordinator to ensure compliance
Coordinator / Grievances
39
No Retaliation Districts may not intimidate, threaten, coerce, or discriminate against individuals because they have: asserted rights under 504/Title II opposed disability discrimination, or participated in a complaint process or hearing
40 40
The Result: Equal Opportunity
41 41
Lois Pokorny, Ph.D. Psychologist
March 2, 2012
