ARC Chairperson Training Introduction 1

The Language of Special Education Acronyms 2

3 Laws that Protect Students with Disabilities

Overview of Laws Individuals with Disabilities Education Improvement Act (IDEIA) No Child Left Behind Americans with Disabilities Act (ADA) Section 504 of the Rehabilitation Act The Family Educational Rights and Privacy Act 4

Legal Background Federal Law-Individuals with Disabilities Education Improvement Act (IDEIA 2004) State Law-Kentucky Administrative Regulations Related to Exceptional Children (2008) Local-School District Special Education Policies/Procedures (updated annually) 5

IDEIA Individuals with Disabilities Education Improvement Act (2004) Federal Education Law Qualify for at least 1 of 13 federal disabilities AND MUST need specialized support & instruction to benefit from education (Adverse affect). 6

FERPA Family Educational Rights & Privacy Act Federal Education Privacy Law ALL students. Right to inspect and review “any and all” records the district keeps Right to request correction of records Right to consent to disclosure of personally identifiable information contained in education records 7

8 Free and Appropriate Public Education

Free Appropriate Public Education (FAPE) Specially designed instruction & related services: Provided at public expense Under public supervision & direction Provided in accordance with IEP 9

Free Appropriate Public Education (FAPE) Evaluation/reevaluation Access to general curriculum Participation with nondisabled peers ▫ Academic, nonacademic, & extracurricular Ages

11 Child Find

Child Find System Activities to locate, identify, & evaluate a child: ▫ Ages 3 to 21 years old ▫ Resides in a home, facility, or residence in district ▫ Attends a private school located in district ▫ Either in or out of school ▫ May need special education and related services 12

13 The Admissions and Release Committee (ARC)

ARC Responsibilities Act on Referral Determine ▫ Need to Evaluate ▫ Eligibility ▫ Placement Obtain consent: ▫ to Evaluate ▫ for Services Conduct Evaluation Implement/Monitor IEP Annual Review Reevaluation Transition Planning Determine LRE Develop, Review, or Revise IEP 14

ADMISSIONS AND RELEASE COMMITTEE All decisions are: ▫ based upon evaluation & progress data ▫ consensus of members ▫ documented in writing 15

Required Members ARC Chairperson/LEA Representative Regular education teacher Special education teacher 16

Other Members Parent ▫ invited and encouraged to attend Student, if appropriate ▫ always invited once 14 or in 8th grade An individual who can interpret the instructional implications of evaluation results 17

OTHER MEMBERS Related Service Provider ▫ Speech Language Pathologist ▫ Occupational Therapist ▫ Physical Therapist Community Agency Representative ▫ Mental Health Agency ▫ Voc. Rehab ▫ Impact 18

ARC MEMBERSHIP Documentation of ARC Membership should be done by completion of Notice and Signatures at the end of the meeting. 19

20 Roles and Responsibilities of the ARC

ARC Chair The ARC chair is The Local Education Agency (LEA) Representative The LEA Representative must be: ▫ Knowledgeable about general curriculum ▫ Qualified to provide or supervise the provision of specially designed instruction ▫ Able to commit personnel and fiscal resources needed to implement the IEP 21

Determination of Educational Representative Each district should have a process in place for determining the educational representative, 707 KAR 1:340 section 6 ▫ documentation must be filed in the due process folder 22

Determination of Educational Representative a)A biological or adoptive parent of a child b)A guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child, but not the state if the child is a ward of the state c)A person acting in the place of a biological or adoptive parent or a person legally responsible for the child’s welfare d)Foster parent e)Surrogate parent Kentucky Regulations 23

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Procedural Safeguards Notice (Parents’ Rights) Given to parent one time per year & upon: ▫ initial referral or parent request for eval; ▫ receipt of first state written complaint; ▫ receipt of first filing of a due process hearing in a school year; ▫ accordance with discipline procedures in which decision made to remove student, which constitutes change in placement because of violation of code of student conduct; and ▫ parent request 25

7 “ Deadly Sins” School districts enter due process due to: 1.Committing procedural violations 2.Denying service based on cost 3.Refusing to consider something new/different 4.Giving in to parental demands without cause 5.Acting on principle, rather than reason 6.Failing to assume the burden of proof 7.Failing to secure services in a timely manner 26

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KDE Resources ▫Eligibility Policy Letter and Webinar ▫Other Policy Letters ▫Guidance Document for IEP Development ▫IEP and Lesson Plan Development Handbook ▫KSI/RtI Document and Resources ▫SLD Eligibility Guidance Document ▫Collaborative Teaching Practices Q and A ▫Restraint and Seclusion Q and A ▫Compliance Record Review Document (updated annually) ▫KSIS Data Standards data-standards.aspx data-standards.aspx 28