Presentation on theme: "Parent Rights in Special Education"— Presentation transcript:
1 Parent Rights in Special Education Betsy Peterson, Parent CoordinatorOffice of Special Education and Achievement
2 Individuals With Disabilities Education Act (IDEA) Federal LawPublic Law the Education for All Handicapped Children Act of 1975Law mandated the role of parents as equal partners in making educational decisions for their childrenEmpowers parents to become Educational Advocates for their children
3 Terminology Used IEP-Individualized Education Program FAPE-Free Appropriate Public EducationLRE-Least Restrictive EnvironmentPBS-Positive Behavior SupportsBIP-Behavior Intervention PlanFBA-Functional Behavioral AssessmentESY-Extended School YearIFSP-Individual Family Support Plan
5 Terminology Used-con’t PlacementsRE:FT-Regular Education Full Time with modificationRE:PT-Regular Education Part Time with resource services or special class servicesSC-Special Education Program: Separate ClassSS-Special Education Program: Separate SchoolOOS-Special Education Program: Out of School EnvironmentRF-Special Education Program: Residential Facility
6 Terminology Used-con’t Related ServicesAssistive TechnologyTransportation to and from schoolCounseling for child and/or familyRecreation or special physical educationSchool health servicesPhysical Therapy-PTOccupational Therapy-OTSpeech/Language therapy
7 Identification and Referral Child FindDistrict activity that seeks to locate and identify children and youth, ages 3-21 who may have developmental delays or exceptionalities and may need special education and related services. Activities may be:Teacher observationsParent observationsConferencesDevelopmental screenings
8 Identification and Referral con’t Parent ReferralA written request to have your child tested to see if he/she would benefit from specially designed instruction.School Assistance TeamInterventionsConferencesMultidisciplinary Evaluation Team (MDET)
9 Identification and Referral con’t Multidisciplinary EvaluationsHealthVisionHearing, social and emotional statusAdaptive skillsBehavioral performanceGeneral intelligenceAcademic performanceCommunicative statusMotor abilitiesAssistive technology services and/or devices
10 Identification and Referral con’t Multidisciplinary Evaluation Team (MDET)At least one teacher or other specialist with knowledge in the area of suspected exceptionality.The student’s regular education teacher; orA regular education teacher qualified to teach a student of that age;At least one person qualified to conduct individual diagnostic examinations of students, such as a certified school psychologist, speech-language pathologist or audiologist.
11 Eligibility Committee Eligibility Committee (EC)Evaluations are discussed. Be sure to ask questions if you do not understand something.Utilize the results of the multidisciplinary evaluation as the primary source of information to determine the student’s educational needs and if:the student meets the eligibility criteria in one of the designated exceptionalities; andNeeds specially designed instruction.
12 Individualized Education Program (IEP) 30 days after a student is determined eligible for servicesPresent Levels of Educational Performance (PLEPs)Measurable goalsSpecial education servicesRelated ServicesAn explanation of the extent to which your student will NOT participate with non-exceptional peersA statement explaining HOW the student will participate in the statewide testing program.The date when services are to begin and how they will continue.A statement of how and when parents will be informed of progress toward annual goals.Signatures of all those ATTENDING the meeting.
13 PlacementPlacement is the appropriate learning environment for your child.IEP team must consider placement in the regular education setting first.Modifications – a change in the type and amount of work expected of the studentsAccommodations - change how students learn and the ways they demonstrate whatthey have learned.
14 Annual ReviewYour child’s progress in achieving the goals on the IEP must be reviewed and revised each year.Your observations about any changes should be made at this time.Have goals been met?Were the goals too easy?Were the goals too hard?Comments, both positive and negative about the IEP should be made at this timeIf you feel changes need to be made to your child’s IEP before the Annual Review, ask for a review.
15 Reevaluations Can occur every 3 years (or more frequently) MDET reviews existing evaluation data on the student with input from the student’s parents to determine if additional data are necessaryParents must be notified of this decision
16 Independent Evaluation If a parent disagrees with an evaluation obtained by the school system, a parent has the right to an independent educational evaluation at public expense.The school system will provide to the parents information about where an independent educational evaluation may be obtained, upon the parents request.
17 Complaint Any interested person may file a complaint: Parents of eligible studentsOrganizationsGroupsSchool district employeesIndividuals from West Virginia or another stateMust be written and signedMust include:Name of the county school districtStudent's nameThe facts on which the complaint is basedThe laws or regulations you believe are not being followed
18 Complaint con’t A copy must be sent to the district school system. 60 day timeline to investigate the complaint.Letter of Findings (LOF) issued to districtLOF includes corrective actions if violations are determined.
19 Early Resolution of a Complaint Initiated by either partyInformal conference to discuss issue(s)If resolution is achieved, complaint is withdrawnVerification of Early Resolution Form submitted to OSE
20 Mediation Meeting to encourage mediation Voluntary and informal Conducted by qualified and impartial mediatorAt no cost to parentWritten agreementConfidential
21 Impartial Due Process Hearing Initiated by parent or district by written request to the OSEDispute must be relevant to the proposal or refusal of district to initiate or change the identification, evaluation or educational placement or the provision of a free appropriate public education (FAPE)Resolution session must be convened by the district within 15 days45 day timeline for hearing
22 Parent RightsThe right to be considered a full participating member of the IEP team when planning for your child.The right to provide information about your child that can be used in developing interventions , evaluations planning and educational programs.
23 Parent Rights con’tThe right to insure that your written permission is given before any formal evaluations are begun.The right to receive written notice prior to any changes in placement for your child.The right to access your child’s records, and have some one available to explain the records, if requested.
24 Parent Rights con’tThe right to a complete evaluation, which includes more than one test or procedure and is completed by trained personnel from various education and/or medical areas of expertise, to receive copies of those results, and to have those results explained in a language you understand.The right to confidentially of all records about the student.
25 Parent Rights con’tThe right to a free and appropriate public education (FAPE) that addresses your child’s individual needs.The right to request an independent assessment at no cost to yourself if you disagree with the assessment results.The right to be involved in the development of your child’s Individual Education Program (IEP).
26 Parent Rights con’tThe right to receive transportation and other related services necessary for the student to benefit from his or her special education services.The right to mediation and due process if differences regarding your child’s program or services can not be resolved by other means.
27 Parent Responsibilities To be involved.To participate in meetings regarding your child and be ready to discuss issues of concern that you have.To ask questions and be sure you understand what is happening.To provide all the relevant information that is needed in planning and program development
28 Parent Responsibilities con’t To let the school personnel know about any changes in your child’s life, both positive and negative, including areas of growth, changes in health and medication and difficulties your child is having.To educate yourself regarding the rules and regulations governing special education services.
29 Parent Educator Resource Centers - PERCs In 38 West Virginia CountiesStaffed by parents and teachersOffer training and support to familiesWill assist you through the IEP processA friendly ear that has been there