1. SPECIAL EDUCATION PARENT RIGHTS WORKSHOP for SEPAC
Sponsored by:
Seekonk Schools
October 5, 2016
Library

2. Special Education General Education
603 CMR, Section 28 in MA regulations and MGL 71B
Chapter 766 originally enacted in 1972.
Public Law (federal law) issued in 1975: states accepting federal $ must provide an education to students with disabilities in the least restrictive environment (original IDEA).
Individuals with Disabilities Education Act (IDEA) reauthorized in 1997, known as IDEA-97.
Congress again reauthorized IDEA (President Bush signed this bill on December 3, All changes were effective July 1, 2005).

3. The Law Mandates Access
Access defines the collaboration between general and special educators.
If a student needs “specially-designed instruction” to access the general curriculum, that instruction is provided by the special educator.
Accommodations are not specially-designed instruction.

4. Review of the Referral Process
Parent, any care-giving person, or professional may refer a student for special needs services
Parents must receive written response to the request for referral within 5 days
Upon receiving written consent, the student must be evaluated within 30 school working days
A meeting to discuss the evaluation is held within the next 15 school working days.

5. To Qualify for Special Ed…
There are 10 disability categories identified in MA. (Federal regulations differ slightly in terms of the number of disability categories)
A student with a disability does not automatically require, or qualify for, an IEP.
There are specific questions which must be addressed when eligibility is discussed.

6. Special Education Eligibility
Does the student qualify under one of the 10 disability categories?
Is the student making effective progress?
Is the lack of progress a direct result of the student’s identified disability?
Does the student require specially designed instruction or related services, in order to make effective progress?

7. Determination of Eligibility
Examine evaluation data
Identify one or more of the defined disabilities
Review input from parents
Document lack of progress in general education w/o specially designed instruction and/or related services

8. Evaluations must include:
Observation (age 3 in natural environment but do not conduct duplicate assessments)
Provide history of educational progress in relation to MA Curriculum Frameworks and district curriculum
Narrative description of educational and developmental potential

9. Optional Components Health assessments (nurse, physician)
Psychological assessment (school psychologist)
Home assessment (nurse, psychologist, social worker, guidance counselor, adjustment counselor, teacher)

10. Each assessment must summarize in writing:
The procedure employed
The results
Diagnostic impressions
Definition of student’s needs
Outline the ways to meet the needs
Recommendations

11. Upon request, the written report must be provided to the parent two days prior to the meeting.

12. Within 45 school working days following parent’s written consent:
Provide evaluations
Convene TEAM meeting to review data
Determine eligibility
Develop IEP
Provide parent with two copies of IEP and proposed placement
Send written notice of non-eligibility

13. IEP Responsibilities
An IEP is written when a student requires specially-designed instruction and/or related services.
An IEP is disability-driven (goals and objectives written for target areas).

14. IEP Responsibilities
The IEP is written based upon a TEAM meeting with input from all members.
The IEP must be available in 3 school days (or 10 school days if parent receives an outline of the goals and the service delivery grid delineating times the goals are being addressed) .

15. The IEP continued… An IEP is a legally binding document.
The IEP is designed to explain the specially designed instruction that is necessary in order to allow the child access to the curriculum.
Once the child’s needs have been identified, and an IEP written, determination of placement is then made.

16. TEAM Composition
The TEAM composition is critical when writing the IEP and must include:
a member authorized to commit the funds of the district
a parent
the child, if 14 or older

17. TEAM Composition
at least one special education/related service provider
at least one general education provider
an individual who can “interpret instructional implications of evaluation results”
A staff person can represent more than one of these roles.

18. IEP Team will Address Bullying
IF the IEP Team determines the student has a disability that affects social skills development or the student may participate in or is vulnerable to bullying, harassment, or teasing because of his/her disability, harassment, or teasing. Then…

19. Bullying
The Team will consider what should be included in the IEP to develop the student's skills and proficiencies to avoid and respond to bullying, harassment, or teasing.
The team will document this discussion in the IEP.

20. Key Points
The main philosophy driving all laws and regulations, both state and federal, is that a child is ALWAYS assumed to be part of the general education setting.
Removal from general education needs to be justified.
In the general education setting, the disabled student has a right to the same educational components as his non-disabled peers.
The IEP process provides for dispute resolution through appeals. (This process is outlined in the “Procedural Safeguards”. )

21. Additional Rights and Responsibilities
A parent can request an independent evaluation for up to
16 months after the school conducts an evaluation which the parent disputes. The district then bears fiscal responsibility for this evaluation. School districts adhere to Massachusetts Rate Setting Commission guidelines when they are fiscally responsible for an independent evaluation
A Special Education student is entitled to an education until he/she reaches the age of 22 or receives a high school diploma. (MCAS has great implications here.)
The High School Equivalency Certificate (formally known as a GED Certificate) does not terminate school’s responsibility.
Standards used for eligibility by DPH agencies (Early Intervention) are different than those used by schools. A student may qualify at an agency and not meet eligibility for an IEP.

22. Significant implications of IDEA 2004
Allows for development of a new approach to determining a specific learning disability
Transition activities begin when a child turns 14.
At that time, a transition plan is developed, and update annually.
IEP goals need to reflect skills-sets necessary to achieve transition goals

23. IDEA 2004 continued…
An IEP may be amended without a face to face meeting if the parent and school agree in writing that a formal meeting is not necessary.
A member of a TEAM may be excused from all or part of a meeting if he/she is not essential to the writing of the part of the IEP under discussion AND if the parent and LEA agree IN WRITING.

24. IDEA 2004 continued…
Procedural safeguards need only be sent once each year AND upon the following: a referral for evaluation, a due process complaint, parental request.
Changes to discipline provisions: the length of time school personnel may remove a student to an interim alternative setting has changed from 45 days to 45 school days
Due process rights apply up to 2 years after the date of an alleged IDEA violation.

25. Staff development and parent training is integral to the philosophy
688: Transfer of Rights…
At least one year prior to the student reaching age 18 the student and the parent must be informed about the rights that will transfer from the parent to the student upon the student's 18th birthday. 34 CFR (c) and The notification provided to both the parent and the student must explicitly state that all rights accorded to parents under special education law will transfer to the 18 year old student and that the parent will continue to receive all the required notices from the school district and will have the right to inspect the student's records, but will not longer make special education decisions for the adult student. See also state special education regulations at 603 CMR 28.07(5).
Staff development and parent
training is integral to the philosophy
of the changing regulations.

26. 504/IEP Differentiation
504 eligibility is based upon any disabling condition, unlike IDEA which details specific disability categories.
The key point is that the disabling condition must have a substantial effect on a major life activity, instead of effective progress as defined by IDEA.
If a student is placed on a 504, accommodations are made in the general education setting.

27. 504 Responsibilities…
When a determination is made that a 504 be written, a general educator must provide input regarding appropriate accommodations.
A 504 is a building-based plan which is largely carried out in a general education setting.

28. 504 Responsibilities…
General Education is responsible for 504 accommodations.
A 504 plan is considered a legal contract.

29. 504/Special Education Discipline
Any student with a disability with an IEP or 504 plan who has been removed from school for disciplinary reasons for 10 or more days must have a manifestation determination meeting. If the TEAM determines that the behavior is a manifestation of the disability of record, the student can not be suspended.
The TEAM will review the Behavior Intervention Plan or if none is in place, propose an FBA in preparation for the development of a Behavior Intervention Plan.
If the disability is not causal to the behavior, disciplinary action would be equal to that of a non-disabled student; however IEP services must continue to be implemented.
During the period of exclusion, the LEA must provide the student with access to FAPE.

30. 504/Special Education Discipline
If your student possessed or used a weapon or drugs, or caused serious bodily injury to another person on school property or at a school event your student may be placed by the principal in an Interim Alternative Educational Setting(IAES) up to 45 school days without regard to whether the behavior is determined to be a manifestation of the student’s disability.
The IEP Team will determine the IAES and the appropriate educational services that will be provided to the student while he or she is in the IAES.

31. Special education administrator
◊ Susan Doe:
Seekonk Director of Special Education
Note:
The updated Parent Procedural Safeguards are located on the Seekonk School Website:
District: Special Education