2. 1 ANNUAL SPECIAL EDUCATION TRAINING: PARENTS’ RIGHTS AND RESPONSIBILITIES October 7, 2015 6:00 – 7:30 p.m. Swansea Public Schools Administration Building 1 Gardners Neck Rd.

3. 2 Special Education Laws 603 CMR, Section 28 in MA regulations and MGL 71B Chapter 766 originally enacted in 1972. Public Law 94-142 (federal law) issued in 1975: states accepting federal $ must provide an education to students with disabilities in the least restrictive environment (original IDEA).

4. Special Education Laws Continued… Individuals with Disabilities Education Act (IDEA) reauthorized in 1997, known as IDEA-97. Congress again reauthorized IDEA (President Bush signed this bill on December 3, 2004. All changes were effective July 1, 2005). 3

5. 4 Significant implications of IDEA 2004 Allows for development of a new approach to determining a specific learning disability Transition activities begin at age 14 At that time, a transition plan is developed, and update annually. IEP goals need to reflect skills-sets necessary to achieve transition goals

6. 5 IDEA 2004 continued… An IEP may be amended without a face to face meeting if the parent and school agree in writing that a formal meeting is not necessary (waiver). A member of a TEAM may be excused from all or part of a meeting if he/she is not essential to the writing of the part of the IEP under discussion AND if the parent and LEA agree IN WRITING.

7. 6 IDEA 2004 continued… Procedural safeguards need only be sent once each year AND upon the following: a referral for evaluation, a due process complaint, parental request. Changes to discipline provisions: the length of time school personnel may remove a student to an interim alternative setting has changed from 45 days to 45 school days Due process rights apply up to 2 years after the date of an alleged IDEA violation.

8. 7 The Law Mandates Access Access defines the collaboration between general and special educators. If a student needs “specially-designed instruction” to access the general curriculum, that instruction is provided by the special educator. Accommodations are not specially-designed instruction.

9. 8 Review of the Referral Process Parent, any care-giving person, or professional may refer a student for special education services in an area of suspected disability Parents must receive written response to the request for referral within 5 days Upon receiving written consent, the student must be evaluated within 30 school working days A meeting to discuss the evaluation is held within the next 15 school working days.

10. 9 Within 45 school working days following parent’s written consent: Provide evaluations Convene TEAM meeting to review data Determine eligibility

11. 10 Evaluations must include: Observation (age 3 in natural environment but do not conduct duplicate assessments) Provide history of educational progress in relation to Core Curriculum Standards and district curriculum Narrative description of educational and developmental potential

12. 11 Optional Components Health assessments (nurse, physician) Psychological assessment (school psychologist) Home assessment (school adjustment counselor)

13. 12 Each assessment must summarize in writing: The procedure employed The results Diagnostic impressions Definition of student’s needs Outline the ways to meet the needs Recommendations

14. 13 Determination of Eligibility Examine evaluation data Identify one or more of the defined disabilities Review input from parents Document lack of progress in general education w/o specially designed instruction and/or related services

15. 14 To Qualify for Special Ed… There are 10 disability categories identified in MA. (Federal regulations differ slightly in terms of the number of disability categories) A student with a disability does not automatically require, or qualify for, an IEP. There are specific questions which must be addressed when eligibility is discussed.

16. 15 Special Education Eligibility 1.Is the student diagnosed with one of the 10 disability categories? 2.Is the student making effective progress? 3.Is the lack of progress a direct result of the student’s identified disability? 4.Does the student require specially designed instruction or related services, in order to make effective progress?

17. 16 Upon request, the written report must be provided to the parent two days prior to the meeting.

18. 17 TEAM Composition The TEAM composition is critical when writing the IEP and must include: a member authorized to commit the funds of the district a parent the child, if 14 or older at least one special education/related service provider at least one general education provider an individual who can “interpret instructional implications of evaluation results” It is important to remember that a staff person can represent more than one of these roles.

19. 18 What is an IEP… An IEP is a legally binding document. An IEP is designed to explain the specially designed instruction that is necessary in order to allow the child access to the curriculum. An IEP is written when a student requires specially-designed instruction and/or related services. An IEP is disability-driven (goals and objectives written for target areas).

20. 19 An IEP is written when a student requires specially-designed instruction and/or related services. The IEP is written based upon a TEAM meeting with input from all members. The IEP must be available within a reasonable period of time, generally 10 days if parent receives an outline of the goals and the service delivery grid delineating times the goals are being addressed. IEP Responsibilities

21. 20 Key Points The main philosophy driving all laws and regulations, both state and federal, is that a child is ALWAYS assumed to be part of the general education setting. Removal from general education needs to be justified. In the general education setting, the student identified as having a disability has a right to the same educational components as his non- disabled peers. The IEP process provides for dispute resolution through appeals. (This process is outlined in the “Procedural Safeguards”. )

22. 21 Additional Rights and Responsibilities A parent can request an independent evaluation for up to 16 months after the school conducts an evaluation which the parent disputes. The district then bears fiscal responsibility for this evaluation. School districts adhere to Massachusetts Rate Setting Commission guidelines when they are fiscally responsible for an independent evaluation A Special Education student is entitled to an education until he/she reaches the age of 22 or receives a high school diploma. (MCAS has great implications here.) GED Certificate does not terminate school’s responsibility. Standards used for eligibility by DPH agencies (early intervention) are different than those used by schools. A student may qualify at an agency and not meet eligibility for an IEP.

23. 22 …AND FINALLY Staff development and parent training is integral to the philosophy of the changing regulations.

24. 23 504/IEP Differentiation 504 eligibility is based upon any disabling condition, unlike IDEA which details specific disability categories. The key point is that the disabling condition must have a substantial effect on a major life activity, instead of effective progress as defined by IDEA. If a student is placed on a 504, accommodations are made in the general education setting.

25. 24 504 Responsibilities… When a determination is made that a 504 be written, a general educator must provide input regarding appropriate accommodations. A 504 is a building-based plan which is largely carried out in a general education setting. General Education bears the responsibility for 504 accommodations. A 504 is considered a legal contract.

26. Swansea Student Services Website: www.swanseaschools.org Under the Department Tab, you will see Student Services listed www.swanseaschools.org Department Of Elementary And Secondary Education Website: www.doe.mass.edu 25

27. 26 Swansea Student Services Administrators Julie L. Garell: Director of Student Services Lisa L. Le Vie: Assistant Director of Student Services