Presentation on theme: "Special Education 101 Maureen Kerne Region V "— Presentation transcript:
1Maureen Kerne Region V email@example.com 201 599-0585 Special Education 101Maureen KerneRegion VIntroduce yourself and have staff introduce themselves and where they work
2Topics Laws Overview of 504 Overview of Special Education SELawsOverview of 504Overview of Special EducationOverview of Intervention and Referral Services (I&RS)Speak Special Ed?ResourcesReview the agenda for this workshop
3Special Education in New Jersey The good or bad news:New Jersey (NJ) has one of the highest classification rates in the US of A.New Jersey (NJ) continues to have one of the highest number of students who are in separate and self contained settings.NJ has made some tremendous strides in opening up Public School program to address # 2.Bergen County has put in place partnerships and collaborations with MH Agencies/ CBH and DYFS to appropriately address the needs of students in Public School Settings.This is one of the parternships where we can bring together schools and agencies to work together.
4The Laws-Family Educational Rights and Privacy Act (FERPA) ConfidentialityEthical ResponsibilityOnly persons who have educational responsibilitiesDiscussion of a student in ANY public area is both illegal and unethicalRecordsAccess to School RecordsWritten parental consent for release of informationRights are transferred to student at age 18Lets get into the laws first
5The Laws Section 504,Rehabilitation Act of 1973 Civil Rights Law Title 29; United States Code Section 504“No otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, be:excluded from participation in;denied the benefits of; orsubjected to discrimination. . . under any program or activity receiving Federal Financial assistance.”More about this later…………..
6Not covering this today . . . . . The LawsADA - Americans with Disability ActProtections in school and workAccessible public placesEqual AccessBroader scope of protections than any other lawBroader definition of a disability than any other lawNot covering this today
8Not covering this today . . . . . The LawsNo Child Left BehindHighlightsHighly Qualified Teacher RulesTesting and Assessment as it relates to Students with DisabilitiesSchool’s Adequate Yearly ProgressSchools in Need of ImprovementNot covering this today
9The LawsIDEIA (Individuals with Disability Education Improvement Act) Federal law entitling every student who meets the definition of a “child with a disability” is entitled to a free and appropriate education in the least restrictive environment.IDEA (Individuals with Disabilities Education Act)PL1975Special EducationBeetleston Act
10In http://www.nj.gov/education/specialed/reg/ New Jersey Administrative Code, Title 6A, Chapter 14Special Education is Chapter 14How New Jersey Implements provisions of IDEAIA184 pages of code for just 6A:14……..
11Special EducationInstruction designed to meet the unique needs of children who have a disability that impacts adversely on educational performance.Not a place . . .A SET OF SERVICES!
12The Laws States receiving Federal money must provide: Free & Appropriate education (FAPE) to children who are eligible for special education ages 3-21.Under the age of three children with disabilities are covered by the NJ Early Intervention (EI) System.EI eligibility does not = SE eligibilitySPECIAL EDUCATION WAS ALWAYS MEANT TO BE A SET OF SERVICES THAT FOLLOW A STUDENT NOT A PROGRAM!
13Free and Appropriate PUBLIC Education FAPE The right to special education servicesThe right to related servicesThe right to LREThe right to participate in school activities including extra curricular activitiesThe right to be educated using the NJ CCCS and assessed using state assessmentThe right to an individualized education based on need not label or classification
14Eligibility for Special Education IDEIA provides definitions for eligibility, disability categories, etc.IDEIA lists 13 different disability categories, but only TWO eligibility categories.Disability must affect child’s educational performance.
16Medical ModelBased on a medical diagnosis of a disability as per the DSM and other medical diagnosis, i.e. Cerebral Palsy, etc.The diagnosis may or may not affect educational performance.Medical model has many more disability categories than IDEIAUsed more often for 504 and ADA rather than IDEIA
17Educational ModelThe criteria: Based on indications that a disability affects a students ability to progress in school educationally. Disability does not = Special Education
18Class LabelsMay or may not have to match disability categories under IDEAIADriven by NJ Special Education Code:# Students in a classWho can teach the classClass location (separate self contained, resource or in a general education class.
19New Jersey (NJ) 2 Eligibility Categories in NJAC (NJ Administrative Code) 6A:14 Eligible for Special Education and Related Services (ESERS)NJAC 6A:14-3.5Eligible for Speech and Language Services (ESLS)NJAC 6A:14-3.6
20Eligibility for Special Education and Related Services How it happens Not yet! Someone identifies a problemParentTeacherOtherIntervention and Referral Services (I&RS) Meeting(s)Each School has an I&RS Team, only required member is an administratorI&RS Plan DevelopedData collection and time allotmentInterventions and Data Collection started
21Eligibility for Special Education and Related Services How it happens Not yet! Interventions take place (I&RS plan)EducationalBehavioralCounselingSpecial Education Teacher or LDTC ConsultationEtc. Etc. Etc.I&RS Team Meets and reviews DATA.Team decides to1- Continue with interventions2- Refer for Special Education Evaluation(s)
22Eligibility for Special Education and Related Services How it happens Getting Closer! If referral for Special Education Evaluation:Request for an Evaluation (parent, teacher) is madePlanning Meeting is held to determine what if any evaluations are warranted or can send back to I&RS for further interventions.Team including parent decides on evaluations to be doneEvaluation(s) are completed
23After Evaluations are completed Eligibility for Special Education and Related Services How it happens Getting even closer!After Evaluations are completedA Meeting is held to review evaluation results and make a determination if the1- Student is Eligible for Special Education and Related Servicesor2- Student is found ineligible.
24Eligibility for Special Education and Related Services How it happens BINGO! If student is found eligible a meeting is held to develop Individual Education Plan (IEP)No student is eligible for Special Education and Related Services without an IEP.
25Eligibility for Special Education and Related Services How it happens Every step is mandated with time lines and notice requirementsInitial evaluation to determine eligibility – 90 days from date of referralIf student is found eligible, IEP development – 30 days for date of eligibility determinationAnnual review of IEP – yearlyRe-evaluation – every three years if warrantedNeedless to say EVERYTHING IS DOCUMENTED WITH WRITTNE NOTICE………
26New Jersey (NJ) 2 Eligibility Categories in NJAC (NJ Administrative Code) 6A:14 Eligible for Special Education and Related Services (ESERS)NJAC 6A:14-3.5Eligible for Speech and Language Services (ESLS)NJAC 6A:14-3.6
27Eligible for Special Education and Related Services NJAC 6A:14-3 Special Education Categories Pre-School Disabled (all 3&4 year old children)Specific Learning Disability (SLD)Cognitive Impairment (CI)SevereModerateMildAuditory Impaired (Deaf or HOH)Visual ImpairmentAutismCommunication ImpairedMultiple Disabilities (MD)Deaf/BlindOrthopedic ImpairmentOther Health ImpairmentEmotionally Disturbed Disability(ED)Traumatic Brain Injury
28Class Labels Based on NJ Special Education Code Determination of student placement made by the TEAM where the student can best progress and academically, socially, behaviorally, or emotionally or all of the aboveMixed classification categories in one classClass labels do not = classificationNJAC details the size of classNJAC details the number of staff in class
29Class Labels Auditory Impairments Autism Behavioral Disabilities CognitiveMildModerateSevereSee page 83 of NJAC 6A:14 for class size
30Class Labels Learning and or Language Disabilities Mild to ModerateSevereMultiple DisabilitiesPre School DisabilitiesVisual ImpairmentsSee page 83 of NJAC 6A:14 for class size
31Continuum of Placements GE ClassGE Class with Support – In class supportPull out support and supplemental instructionSingle subjectMultiple subjectsReplacement Resource RoomSelf Contained Class in a public schoolPublic Special Education Programs (BCSS, SBJ, etc.)Private Schools for Students with Disabilities (Sage, IEA, etc.)Day Training (Bergen County Day Training, Bleshman)Residential
32Continuum of Placements Districts are obligated to consider general education with supports in resident district FIRST.If students needs cannot be met in the district of residence public school, another public school out of district placement is sought.If students needs cannot be met in another public school an out of district placement is sought in a private school for students with disabilities. Separate and Segregated.Sending-receiving relationship- District of residence pays tuition to the receiving school and pays for transportation.
33Continuum of Placements Costs:Average Bergen County Private School costs for each student sent to an out of district private school placementTuition Range from $35,ooo to $120,000Transportation costs – $10,000- $20,ooo.
34Continuum of Placements The district of residence develops the IEP the receiving school implements the IEPThe district of residence assigns a case manager for all out of district students.The district of residence is responsible for all evaluations and ensuring the IEP is being implementedEach Year during the IEP meeting, Least Restrictive Environment MUST be discussed.For students in out of district placements a discussion on what supports are needed to return a student to district of residence is discussed.The NJ DOE is asking districts to return students from out of district placements.
36THE IEP TEAM IEP Team Case Manager Parent Student School Staff AgenciesOthersThe Purpose of the IEP is to develop a program and identify placements.Placements cannot be changed with an IEP meeting
37THE IEP Components PLAAFP Goals and Objectives, Benchmarks, etc Instructional Adaptations and ModificationsFBA and ABA ServicesTestingRelated ServicesAssistive Technology NeedsParticipation in Extra Curricular ActivitiesLength of School Year and ESYGraduation RequirementsDecision Making for LRE, Placements!Residential Placements and Education are NOT necessarily the same!
38The IEP Updated annually, more if needed Team makes educational decisionsTeam consists of student, parent, case manager, at least one GE teacher, and a SE teacher
39The IEP The IEP identifies how a student’s progress will be documented The IEP identifies language needsThe IEP identifies transition services for students ages 14+The IEP documents related servicesThe IEP documents assistive technology services
40The IEPThe IEP gives a student’s PLAAFP- (Present level of academic achievement and functional performance)Student’s strengths and needs.The IEP identifies the length of the school day and extended school year (ESY) if needed.
41The IEP The IEP defines graduation requirements The IEP may include a behavioral intervention plan (BIP)The IEP identifies communication needs including augmentative devices (AAC).Decision for removal from general educationTransfer of rights at age of majority - 18+
42Can you speak Special Ed ? The CST, is going to review the FBA and the PLAAFP for Jose who is receiving ESL and has ADHD, classified SLD, before discussing LRE for the IEP conference.If you can’t figure this out think how parents/guardians and kids feel!
43504 and IDEIASpecial Education504General Education
44504 and IDEAIA IDEIA 504 Not Special Education Unlimited Eligibility CategoriesNo testing by School DistrictUnfundedIDEIAEligible for Special Education and Related Services13 Eligibility CategoriesTesting and timelinesSort of funded
45504 Physical or mental impairment, alone, is not enough Eligibility criteriaDefinition of “disabled” is CRITICAL“Disabled” means:Physical or mental impairment which substantially limits one or more major life activity;Has a record of such impairment; orIs regarded as having such an impairmentPhysical or mental impairment, alone, is not enoughDifficulty must impair “major life activity
46Major Life ActivityCaring for one’s selfPerforming manual tasksWalkingSeeingHearingSpeakingBreathingWorking; andLearningSee 34 C.F.R (j)Standard used to determine whether a physical or mental impairment results in a substantial limitation is average performance in the general population
47504 “good grades” does not mean ineligible Referral can be made by ANYONEEffect of disability MUST be considered outside of academic performance“good grades” does not mean ineligible“bad grades” does not mean eligible“Mistake” regarding disability may require services if mistake affects student
48504 Disability under Section 504 not always “long term” Students eligible for Section 504 could have the following “short term” conditions:Communicable disease sufferers;Temporary disabilities arising from accidents, etc.;Allergies/asthma;Drug-addicted/alcoholic; andEnvironmental illnesses.
49504Schools must employ identification/eligibility procedures that ensure students are not:Misclassified;Unnecessarily labeled as having a disability; orIncorrectly accommodated.IDEA procedural safeguard504 eligibility does not trigger IDEA classification;Must test and evaluate a student before classifying/providing special education
50504 Sources of Information Sources can include:Parent dataMedical informationIndependent evaluationAptitude and achievement testsTeacher dataObservations as to progress/lackRecommendationBehaviors?AccommodationsPhysical conditionSocial and cultural backgroundAdaptive behavior
51504 and Substance Abuse 504 discriminates?! Illegal Drug Use Generally, Section 504 excludes from the definition of a student with a disability any student who is currently engaged in the illegal use of drugsAlcohol UseGenerally, Section 504 does not exclude users of alcoholDisciplineSection 504 does allow for a school to take disciplinary action against students with disabilities using drugs or alcohol to the same extent as students without disabilitiesAssistance for treatmentSchool may accommodate for treatment
52504 Accommodations Administrative burden of the requested adjustment; Minimal extra time to complete school work,class seating preferences,use of a tape recorder,larger print,lined paper,oral exams,additional set of textbooks,tutoring,excusal from required work,Frequent breaks,Air filters,Paraprofessional;
53What Should You Know ?Collaboration with School Personnel is essential for EACH student you work with.Services between CBH and Schools should be coordinated. Why?School Staff must be made aware of BP services.
54What Should You Know ?Placement of students is a TEAM decision. You can and should be part of that team.Schools are guided by many rules, regulations and policies.
55Resources Parents Rights in Special Education 504 and IDEIA ComparisonsRegional Directors of Special EducationNJ DOE, Bergen County Office