1. Maureen Kerne Region V mauker@regionv.org 201 599-0585
Special Education 101
Maureen Kerne
Region V
Introduce yourself and have staff introduce themselves and where they work

2. Topics Laws Overview of 504 Overview of Special EducationSE
Laws
Overview of 504
Overview of Special Education
Overview of Intervention and Referral Services (I&RS)
Speak Special Ed?
Resources
Review the agenda for this workshop

3. Special 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.

4. The Laws-Family Educational Rights and Privacy Act (FERPA)
Confidentiality
Ethical Responsibility
Only persons who have educational responsibilities
Discussion of a student in ANY public area is both illegal and unethical
Records
Access to School Records
Written parental consent for release of information
Rights are transferred to student at age 18
Lets get into the laws first

5. The 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; or
subjected to discrimination
. . . under any program or activity receiving Federal Financial assistance.”
More about this later…………..

6. Not covering this today . . . . .
The Laws
ADA - Americans with Disability Act
Protections in school and work
Accessible public places
Equal Access
Broader scope of protections than any other law
Broader definition of a disability than any other law
Not covering this today

7. NCLB-No Child Left Behind

8. Not covering this today . . . . .
The Laws
No Child Left Behind
Highlights
Highly Qualified Teacher Rules
Testing and Assessment as it relates to Students with Disabilities
School’s Adequate Yearly Progress
Schools in Need of Improvement
Not covering this today

9. The Laws
IDEIA (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) PL
1975
Special Education
Beetleston Act

10. In http://www.nj.gov/education/specialed/reg/
New Jersey Administrative Code, Title 6A, Chapter 14
Special Education is Chapter 14
How New Jersey Implements provisions of IDEAIA
184 pages of code for just 6A:14……..

11. Special Education
Instruction 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!

12. The 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 eligibility
SPECIAL EDUCATION WAS ALWAYS MEANT TO BE A SET OF SERVICES THAT FOLLOW A STUDENT NOT A PROGRAM!

13. Free and Appropriate PUBLIC Education FAPE
The right to special education services
The right to related services
The right to LRE
The right to participate in school activities including extra curricular activities
The right to be educated using the NJ CCCS and assessed using state assessment
The right to an individualized education based on need not label or classification

14. Eligibility 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.

15. How can this happen?

16. Medical Model
Based 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 IDEIA
Used more often for 504 and ADA rather than IDEIA

17. Educational Model
The criteria: Based on indications that a disability affects a students ability to progress in school educationally. Disability does not = Special Education

18. Class Labels
May or may not have to match disability categories under IDEAIA
Driven by NJ Special Education Code:
# Students in a class
Who can teach the class
Class location (separate self contained, resource or in a general education class.

19. New Jersey (NJ) 2 Eligibility Categories in NJAC (NJ Administrative Code) 6A:14
Eligible for Special Education and Related Services (ESERS)
NJAC 6A:14-3.5
Eligible for Speech and Language Services (ESLS)
NJAC 6A:14-3.6

20. Eligibility for Special Education and Related Services How it happens Not yet!
Someone identifies a problem
Parent
Teacher
Other
Intervention and Referral Services (I&RS) Meeting(s)
Each School has an I&RS Team, only required member is an administrator
I&RS Plan Developed
Data collection and time allotment
Interventions and Data Collection started

21. Eligibility for Special Education and Related Services How it happens Not yet!
Interventions take place (I&RS plan)
Educational
Behavioral
Counseling
Special Education Teacher or LDTC Consultation
Etc. Etc. Etc.
I&RS Team Meets and reviews DATA.
Team decides to
1- Continue with interventions
2- Refer for Special Education Evaluation(s)

22. Eligibility for Special Education and Related Services How it happens Getting Closer!
If referral for Special Education Evaluation:
Request for an Evaluation (parent, teacher) is made
Planning 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 done
Evaluation(s) are completed

23. After Evaluations are completed
Eligibility for Special Education and Related Services How it happens Getting even closer!
After Evaluations are completed
A Meeting is held to review evaluation results and make a determination if the
1- Student is Eligible for Special Education and Related Services or
2- Student is found ineligible.

24. Eligibility 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.

25. Eligibility for Special Education and Related Services How it happens
Every step is mandated with time lines and notice requirements
Initial evaluation to determine eligibility – 90 days from date of referral
If student is found eligible, IEP development – 30 days for date of eligibility determination
Annual review of IEP – yearly
Re-evaluation – every three years if warranted
Needless to say EVERYTHING IS DOCUMENTED WITH WRITTNE NOTICE………

26. New Jersey (NJ) 2 Eligibility Categories in NJAC (NJ Administrative Code) 6A:14
Eligible for Special Education and Related Services (ESERS)
NJAC 6A:14-3.5
Eligible for Speech and Language Services (ESLS)
NJAC 6A:14-3.6

27. Eligible 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)
Severe
Moderate
Mild
Auditory Impaired (Deaf or HOH)
Visual Impairment
Autism
Communication Impaired
Multiple Disabilities (MD)
Deaf/Blind
Orthopedic Impairment
Other Health Impairment
Emotionally Disturbed Disability(ED)
Traumatic Brain Injury

28. Class 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 above
Mixed classification categories in one class
Class labels do not = classification
NJAC details the size of class
NJAC details the number of staff in class

29. Class Labels Auditory Impairments Autism Behavioral Disabilities
Cognitive
Mild
Moderate
Severe
See page 83 of NJAC 6A:14 for class size

30. Class Labels Learning and or Language Disabilities
Mild to Moderate
Severe
Multiple Disabilities
Pre School Disabilities
Visual Impairments
See page 83 of NJAC 6A:14 for class size

31. Continuum of Placements
GE Class
GE Class with Support – In class support
Pull out support and supplemental instruction
Single subject
Multiple subjects
Replacement Resource Room
Self Contained Class in a public school
Public Special Education Programs (BCSS, SBJ, etc.)
Private Schools for Students with Disabilities (Sage, IEA, etc.)
Day Training (Bergen County Day Training, Bleshman)
Residential

32. Continuum 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.

33. Continuum of Placements
Costs:
Average Bergen County Private School costs for each student sent to an out of district private school placement
Tuition Range from $35,ooo to $120,000
Transportation costs – $10,000- $20,ooo .

34. Continuum of Placements
The district of residence develops the IEP the receiving school implements the IEP
The 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 implemented
Each 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.

35. ….and off we go! What does this mean anyway?

36. THE IEP TEAM IEP Team Case Manager Parent Student School Staff
Agencies
Others
The Purpose of the IEP is to develop a program and identify placements.
Placements cannot be changed with an IEP meeting

37. THE IEP Components PLAAFP Goals and Objectives, Benchmarks, etc
Instructional Adaptations and Modifications
FBA and ABA Services
Testing
Related Services
Assistive Technology Needs
Participation in Extra Curricular Activities
Length of School Year and ESY
Graduation Requirements
Decision Making for LRE, Placements!
Residential Placements and Education are NOT necessarily the same!

38. The IEP Updated annually, more if needed
Team makes educational decisions
Team consists of student, parent, case manager, at least one GE teacher, and a SE teacher

39. The IEP The IEP identifies how a student’s progress will be documented
The IEP identifies language needs
The IEP identifies transition services for students ages 14+
The IEP documents related services
The IEP documents assistive technology services

40. The IEP
The 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.

41. The 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 education
Transfer of rights at age of majority - 18+

42. Can 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!

43. 504 and IDEIA
Special Education
504
General Education

44. 504 and IDEAIA IDEIA 504 Not Special Education
Unlimited Eligibility Categories
No testing by School District
Unfunded
IDEIA
Eligible for Special Education and Related Services
13 Eligibility Categories
Testing and timelines
Sort of funded

45. 504 Physical or mental impairment, alone, is not enough
Eligibility criteria
Definition 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; or
Is regarded as having such an impairment
Physical or mental impairment, alone, is not enough
Difficulty must impair “major life activity

46. Major Life Activity
Caring for one’s self
Performing manual tasks
Walking
Seeing
Hearing
Speaking
Breathing
Working; and
Learning
See 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

47. 504 “good grades” does not mean ineligible
Referral can be made by ANYONE
Effect 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

48. 504 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; and
Environmental illnesses.

49. 504
Schools must employ identification/eligibility procedures that ensure students are not:
Misclassified;
Unnecessarily labeled as having a disability; or
Incorrectly accommodated.
IDEA procedural safeguard
504 eligibility does not trigger IDEA classification;
Must test and evaluate a student before classifying/providing special education

50. 504 Sources of Information
Sources can include:
Parent data
Medical information
Independent evaluation
Aptitude and achievement tests
Teacher data
Observations as to progress/lack
Recommendation
Behaviors?
Accommodations
Physical condition
Social and cultural background
Adaptive behavior

51. 504 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 drugs
Alcohol Use
Generally, Section 504 does not exclude users of alcohol
Discipline
Section 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 disabilities
Assistance for treatment
School may accommodate for treatment

52. 504 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;

53. What 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.

54. What 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.

55. Resources Parents Rights in Special Education
504 and IDEIA Comparisons
Regional Directors of Special Education
NJ DOE, Bergen County Office

56. That’s all there is…for today!