1. Advocacy, Special Education Rights & Responsibilities
Presented by Steve Ashman
Executive Director,
CASA of Stanislaus County
(Stanislaus County is somewhere in the middle of California!)

2. ADVOCACY … Things to Remember
DELAY IS THE ENEMY !
DOCUMENT !
KNOW WHO HOLDS ED RIGHTS …
POLICY IS NOT LAW !
The CHICKEN or the PIG?

3. The most important things to know about being a good advocate …
Create Relationships
Communicate ideas
Know the facts and how the law applies
Keep your eye on the ball
Question anything you don’t understand

4. In any and all meetings …
Inform all parties of your role
Put the child’s needs first
Get your ‘message’ across
Clarify
Get all Perspectives
Find Common Ground
Add Information
State Your Position Clearly

5. Keep Copies of EVERYTHING Put EVERYTHING in writing Keep a log
Remember to …
Keep Clear Records
Be organized
Keep Copies of EVERYTHING
Put EVERYTHING in writing
Keep a log
Recap after every meeting … clarify all issues still unclear

6. The IEP Pyramid

7. Special Education Is Not A Place It is a constellation of services provided in the Least Restrictive Environment

8. Principles of the IDEA and Section 504
Free Appropriate Public Education
Appropriate Assessment
Least Restrictive Environment
Parent Participation
Procedural Safeguards
Individual Education Program (IEP) / 504 Plan

9. 504
Eligibility? – Must have a condition that substantially limits a major life activity

10. Section 504 of the Rehabilitation Act of 1973
Hearing, Seeing, Breathing, Walking, Talking, Thinking…
Guarantees a free, appropriate, public education
Services are broad-based and determined on student educational needs
May include special education services, instruction, accommodations and modifications
Services determined by 504 Planning Team

11. Special Education

12. Definition of a “Child with a Disability”
IDEA 2004 defines a child with a disability as a child with:
Mental retardation
Hearing impairments (including deafness)
Speech or language impairments
Visual impairments (including blindness)
Serious emotional disturbance
Orthopedic impairments
Autism
Traumatic brain injury
Other health impairments
Specific learning disabilities
AND who, because of this disability,
needs special education and related services.

13. Eligibility Criteria for Learning Disabled
Must have a disorder in one of the basic psychological processes involved in understanding or using spoken or written language (attention, visual processing, auditory processing, sensory-motor skills, and cognitive abilities including association, conceptualization, and expression)
May manifest itself in an impaired ability to listen, think, read, write, spell, or do mathematical calculations

14. Special Education
The term special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability including:
Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings
The term includes each of the following, if it meets the requirements of special education:
Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards
Travel training
Vocational education
Specially designed instruction means adapting to the needs of an eligible child the content, methodology, or delivery of instruction:
To address the unique needs of the child that result from the child’s disability
To ensure access of the child to the general curriculum, so that he or she can meet the educational standards within the jurisdiction of the public agency that apply to all children.

15. These services may include, but are not limited to, the following:
Audiological services
Orientation and mobility instruction
Instruction in the home or hospital
Adapted physical education
Physical and occupational therapy
Vision services
Specialized driver training instruction
Counseling and guidance
Psychological services other than assessment and development of the individualized education program
Parent counseling and training
Health and nursing services
Social worker services
Specially designed vocational education and career development
Recreation services
Specialized services for low incidence disabilities, such as readers, transcribers, and vision and hearing services
Speech and Language Services
Medical evaluation for diagnostic purposes

16. Timelines for Assessment and IEP
Child is referred for assessment
Referral for assessment means any written request for assessment to identity an individual with exceptional needs made by a parent, teacher, or other service provider.
Within 15 calendar days, the district must give parent proposed assessment plan meeting the following requirements.
Be in language easily understood by the general public
Be provided in the primary language of the parent or other mode of mode of communication used by parent unless to do so is clearly not feasible
Explain each type of assessment instrument to be administered, the purpose of the instrument, and professional personnel responsible for administration and interpretation of the instrument.
Fully explain the facts which make an assessment necessary or desirable
State that no educational placement will result from the assessment without parental consent.
Include a copy of the notice of parent rights including an explanation of all procedural safeguards of state and federal special education law

17. Timelines for Assessment and IEP
Parent must give written consent to conduct assessment.
Parent has 15 calendar days to arrive at a decision.
Written shall be obtained before any assessment of the student is conducted unless the public education agency prevails in a due process hearing. The parent shall have at least 15 days from the receipt of the proposed assessment plan to arrive at a decision.
Assessment will be completed and IEP developed within 60 calendar days of receipt of parent’s written consent for assessment. It is expected that the student’s IEP will be implemented immediately following the IEP meeting.
Exceptions: when meetings occur during summer or vacation period or where circumstances require a short delay (ex. Transportation arrangements). There can be no undue delay in providing special education and related services to the child.
If the parent does not consent to all components of the IEP, then those components to which consent has been given shall be implemented so as not to delay providing education and services to the child.

18. Evaluation Individualized testing
Evaluation in the native language or mode of communication
Unless clearly not feasible to do so
Nondiscriminatory evaluation
On a racial or cultural basis
Any standardized tests to be validated for the specific purpose for which they are used
Tests administered by trained and knowledgeable personnel
Tests administered in accordance with any instructions provided by the producer of such tests
The student must be assessed in all areas of suspected disability
No single procedure is used as the sole criterion for determining special education and an appropriate educational program
Re-evaluation at parent request requires IEP

19. Assessed In All Areas
The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence,academic performance, communicative status and motor disabilities.
In evaluating each child with a disability, the evaluation is sufficiently comprehensive to identify all of the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.

20. Eligibility Criteria for Emotionally Disturbed
Because of a serious emotional disturbance, pupil exhibits one or more of the following characteristics over a long period of time and to a marked degree, which adversely effects educational performance:
* An inability to learn which cannot be explained by intellectual,
sensory, or health factors
* An inability to build or maintain satisfactory interpersonal
relationships with peers and teachers
* Inappropriate types of behavior or feelings under normal
circumstances exhibited in several situations
* A general pervasive mood of unhappiness or depression
* A tendency to develop physical symptoms or fears associated with personal or school problems

21. Eligibility Criteria for Other Health Impaired
A student has limited strength, vitality or alertness, due to chronic health problems, including but not limited to…(includes ADD/ADHD per California Education Code Section 56339)
Which adversely affects a student’s educational performance

22. What does “Adversely Affects Educational Performance” Mean?
Educational performance is a broad concept that includes academic, social, health, emotional, communicative, physical, and vocational needs
Grades and standardized tests are only one measure of educational performance
Schools must consider how a student’s emotional, health or other conditions (ADD/ADHD) adversely affect the student’s non-academic performance in social, behavioral, and other domains (including non-classroom settings)

23. Least Restrictive Environment (LRE)
Each public agency shall ensure –
That to the maximum extent appropriate, children with disabilities including public or private institutions or other care facilities are educated with children who are non-disabled.
That special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that the education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

24. Definition of Parent A natural or adoptive parent A foster parent
A guardian – but not the State if the student is a ward of the court
An individual acting in the place of a natural or adoptive parent, including:
A grandparent, stepparent, or other relative with whom the student lives, or
An individual who is legally responsible for the student’s welfare
An appointed surrogate parent

25. Appointment of A Surrogate Parent
First preference given to relative caretaker, foster parent, or CASA
Represent the student in matters related to the provision of special education and related services
Representation includes written consent for IEP including mental health treatment services, non-emergency medical services and occupational or physical therapy services
Surrogate parent may resign only after giving notice to school district
School district may terminate appointment for cause

26. Prior Written Notice
Provided A Reasonable Time Before School District Proposes or Refuses To Change Identification, Assessment, Placement or Provision of FAPE
Must Include:
A Description of Action Proposed or Refused by School District
An Explanation of Why School Proposes Action
An Explanation of the Evaluation, Procedure, Test or Report the School Used as the Basis for the Action or Inaction
A Copy of Parents Right to Challenge the Action or Inaction

27. IEP Team
The public agency shall ensure that the IEP team for each child with a disability includes:
The parents of the child
One regular education teacher if the child is participating in a regular education environment
At least one special education teacher or provider of the child
A representative of the public agency who -
Is qualified to provide or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities
Is knowledgeable about the general curriculum and the availability of resources of the public agency
An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described above
At the discretion of the parent or the agency, other individuals who have knowledge or expertise regarding the child
If appropriate, the child.

28. Elements of the IEP Emphasizing General Ed Involvement
“Present levels of educational performance” must state how the child’s disability affects involvement and progress in the general curriculum.
“Annual goals, including benchmarks/objectives” are related to helping the child be involved and progress in the general curriculum.

29. Transition Requirements
Included On IEP After Student Turns 16
Contains Appropriate, Measurable Post Secondary Goals
Transition Services – Including Courses of Study
Based on Age-Appropriate Assessment
Training
Education
Employment
Independent Living Skills

30. Parent IEP Rights
Written Notice of Time, Location, Purpose of Meeting and Who Will Be Attending.
Early Enough Notice to Ensure Parent Has Opportunity To Attend
For Student Who is 16, Informed That Transition Will Be Discussed and Student Invited
Meeting Scheduled at a Mutually Agreed Upon Time and Place
Right To Attend the Meeting and Be Accompanied By Other Persons
Ability To Present Concerns

31. Parent IEP Rights
Have A Language or Sign Interpreter Present – 504 and ADA Requirements
Obtain Copy of IEP
IEP To Be Reviewed Annually
IEP To Be Implemented As Soon As Possible
IEP Must Be In Place At the Beginning of Each School Year

32. Present Levels of Educational Performance
Academic
Cognitive
Perceptual
Psychomotor
Communication
Social/Emotional/Behavioral
Self-help/Daily Living Skills
Transition Needs

33. Additional IEP Requirements
Linguistically Appropriate Goals, Objectives and Services
Behavioral Support and Services
Pre-vocational/ Vocational Education
Extended Year Services (Summer School)
Low-Incidence Disabilities
Transition Services – School To Community
Transition Services – Regular Class Program

34. Goals and Objectives Annual Measurable Goals
Short–term Objectives/Benchmarks for students with Severe Disabilities
Objective Criteria and Evaluation Procedures for Measuring Achievement
Schedule for Measurement
Address Underlying Disability and Involvement and Progress in General Curriculum
NOT RECYCLED YEAR TO YEAR

35. Statement of Special Education and Related Services
Provide Clear Picture of Needs
Based on Individual Student Needs
Relate to Other Parts of IEP
Statement may Include, but not Limited to:
Curriculum
Behavioral Management Techniques
Class Age and Ability Ranges
Teacher-Pupil Ratios
Equipment and Materials
Modifications to Regular Classroom

36. Report of Progress and Testing Accommodations
Decision of the Full IEP Team
Frequency – Report Cards/IEP Review
Determines Graduation Alternatives
Addresses Accommodations and Modifications To Testing
Determines Participation In Standardized Testing (STAR, Exit Exam)

37. Discipline - Suspension
Students are generally treated the same as nondisabled students
Misconduct requiring suspension must be related to a school activity
School districts should use alternatives to suspension or expulsion to address problems of truancy, tardiness and other absences from school
Suspension is appropriate only after other means of correction have failed to bring about proper conduct
Teacher may order a suspension of for the day of the suspension and following day, a principal or superintendent up to 5 consecutive days or 10 consecutive days by the governing board of the school district
Pre-suspension conference with student must be held unless an “emergency situation exists.” If no conference is held at the time of the suspension, the parent and student must be notified of the right to a conference. The conference must be held within 2 days of the suspension
School employee must make reasonable efforts to contact parents at the time of any suspension
Parents must receive a written notification of the suspension

38. Discipline - Expulsion
Expulsion of special education students is restricted
Expulsion is considered a change of placement
No suspension for more than 10 consecutive days or 10 cumulative days if the suspensions represent a pattern of suspensions
Manifestation Meeting required prior to expulsion.
Students considered for expulsion may be removed to Interim Placement
If expelled, special education services do not cease

39. Manifestation Determination Meeting
IEP team must determine if the behavior subject to discipline was:
(Federal Requirement)
Caused by, or was in direct/substantial relationship, to child’s disability or
A direct result of the school district’s failure to implement the IEP
(Previous Requirement)
The student’s IEP and placement were appropriate and the special education, supplementary aids and services and behavior interventions strategies were provided consistent with that IEP and placement
The student’s disability did not impair his ability to understand the impact and consequences of the behavior subject to discipline
The student’s disability did not impair his ability to control the behavior subject to discipline

40. Contact Information
Steve Ashman