1. Special Education Advocating for Your Child’s Education
Rachael Alaniz, Health Information Specialist

2. What is Special Education
The act of educating a student with an Individualized Education Plan (IEP) or 504 plan in a way which addresses their unique needs and individual differences.
The rules for special education in Indiana come from 2 sources:
Individuals with Disabilities Education Act (IDEA)
Indiana Article 7
Rules 32-47

3. Individuals with Disabilities Education Act (IDEA)
Six Principles of IDEA
Free and Appropriate Public Education (FAPE)
Least Restrictive Environment (LRE)
Individual Education Program (IEP)
Procedural Safeguards
Appropriate Evaluations
Parents/Students Participate

4. Free Appropriate Public Education
IDEA ensures an IEP which
Emphasizes the use of special education and related services to meet a student’s “unique needs and prepare them for further education, employment, and independent living”
Seeks to provide ”meaningful educational benefit” to students with disabilities.

5. Least Restrictive Environment (LRE)
Special Education is NOT a place
LRE is a key element of each student’s FAPE
LRE must be decided on a student-by-student basis
IDEA places an emphasis on the opportunity to be educated with non-disabled peers, to the greatest extent appropriate

6. LRE continued…
A team must explore alternatives for enabling students to participate with non-disabled peers.
If the IEP team determines a student cannot be educated in a general education setting, efforts must be made to determine the LRE for that student outside of the general classroom.

7. Placement Decisions Placements may NOT be based upon
The category of handicapping condition
The current configuration of the service system
The availability of space
The availability of educational or related services
Curriculum content or methods, or curriculum delivery
Administrative convenience

8. Placement Decisions

9. LRE
“Explanation of any time the child will not participate along with nondisabled children”
If the IEP does not give the student assistive technology to type with or dictate to, and thus the student can not write alongside their peers, they are “not participating” 
If a student’s IEP does not give them a computer or device which reads to them and thus they must read a different book, or have fewer choices, or go to a separate room, they are “not participating” 
If a student’s IEP does not include technologies and strategies to be in the band or on a team or a member of a club or the ability to sit with friends during lunch, they are “not participating” 

11. Creating a Vision What are your child’s hopes and dreams?
What are your hopes and dreams for your child?
What are your child’s strengths/challenges?
What does life after school look like?

12. Sample Vision Statement
We would like [our child] to be able to communicate reliably with all types of people in a variety of situations. We want her to have opportunities to socialize at school, at home, and in the community. 
We see her able to use her math skills to cook, to live within a budget, and to shop wisely. We want her to have a vocabulary encompassing common familiar words so she can enjoy reading and learn new things.
We will support her in exploring post secondary opportunities- perhaps auditing classes. We want her to volunteer or have a job that interests her.
We see her healthy, safe and happy in all areas of her life.

13. Infuse the Vision into the IEP
Student Strengths
Present Levels of Performance: educational
Present Levels of Performance: other
Goals
Service Delivery
Scheduling

14. Sample Vision Statements

15. Assistive Technology Ask yourself:
What does your child need to do but is unable to do because of his/her disability?
What are your child’s customary environments? 
What are your child’s biggest educational challenges?
What assistive technology tools are available to help your child overcome these challenges? 
What criteria will be used to later determine if the AT has been successful in helping your child in his/her educational program?
What are your child’s preferences in areas such as color and style? 

16. AT Negotiations

17. AT for YOU!

18. Written Notice The written notice must include the following:
A description of the action proposed or refused by the public agency.
An explanation of why the public agency proposed or refused to take the action.
A description of each of the following used as a basis for refused action:
Evaluation
Procedure
Assessment
Report
Other options that the CCC considered and the reasons why those options were rejected.
Other factors relevant to the agency's proposal or refusal

19. Written Opinion
Document YOUR point of view regarding the IEP. Silence can be construed as total agreement.
If signing the IEP was a compromise on your part, you can attach a page that reflects that.

20. School Records
After the initial review, you can check for any changes annually. You can cite FERPA and IDEA as your right to review it and/or obtain copies.
Data/progress reports
Assessments
Correspondence
You have the right to request to amend the file if needed- do this IN WRITING

21. Record Keeping Try to record these events: Dates of meetings
Dates you received key documents 
Dates you sent or delivered key documents
Dates you gave school personnel important information
Example: "1/7/05: Told Mary's teacher that she'd been spending three hours every night trying to do 15- minute math assignments"
Dates on which your child was suspended or disciplined

23. Extended School Year (ESY)
Special Education and related services provided through the IEP, in excess of the standard school year

24. ESY “But our school district doesn’t offer extended school year!”
Article 7 states
every public school has a responsibility to “ensure that extended school year services are available as necessary to provide FAPE. A public agency may not limit extended school year services to particular categories of disability or unilaterally limit the type, amount or duration or those services.”

25. Other Component of the IEP
Individual Health Plan
Manifestation Determination
Assistive Technology
Transportation
Notice of Transfer of Parental Rights
Functional Behavior Assessment (FBA)
Private School Service Plan
Behavior Intervention Plan (BIP)
Transition Plan

26. Individual Health Plan (IHP)
And IHP might be needed by a student with:
Asthma
Serious allergies
Chronic conditions
Physical disabilities
ADD/ADHD
Medication needs
Need for catheterization
Need for toileting assistance

27. IHP An IHP should contain
Description of your child’s special health care needs & how they are impacted by the school environment
Description of the specific services, supports, etc. that will be provided to your child to address their special health care needs
Identification of parties responsible to provide services, supports, etc.
Description of training/professional development needed and how and when it will be provided
Specific ongoing services as well as protocols for emergencies

28. Transition
Transition planning begins at the age of 14 and should include:
A coordinated set of activities meant to promote movement from school to post-school activities.
A plan based on the individual’s needs, preferences, and interests.

29. Transition Transition services must include:
Instruction
Community experiences
Development of employment and other post school adult living objectives
If appropriate, the services must also include:
Daily living skills training
A functional vocational evaluation

30. Behavior
An IEP must contain strategies to address behavior if behaviors impede a child’s learning or the learning of others.
Questions to ask to determine the source of behavior
Does the child have a reliable means of communication?
Is the child responding to a change in staff or routine?
Has the child had a sensory break?
Is the child in distress (medical issues, frustration, etc)?
Is there a need to alter the IEP (accommodations, strategies, etc.)?

31. Functional Behavior Assessment(FBA)
The FBA process will:
Identify the behavior that needs to change.
Collect data on the behavior.
Develop a “hypothesis” (best guess) about the reason for the behavior.
Develop an intervention to help change the behavior.
Evaluate the effectiveness of the intervention.
Have patience.

32. Behavior Intervention Plan (BIP)
The FBA yields a BIP

33. BIP A BIP should include:
Environmental changes to reduce or eliminate inappropriate behaviors
Strategies for teaching new skills to replace the problem behaviors
Skills training to increase the frequency of appropriate behaviors
Support for the student to use the appropriate behaviors in various settings

34. Manifestation Determination
Must occur within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct.

35. Manifestation Determination
The determination meeting must include:
Local Education Agency (LEA) representative
Relevant members of the IEP team
The parent
The group will review:
All relevant information in the student’s file
The student’s IEP
Teacher observations
Relevant information provided by the parents

36. Student Protection
2 questions that must be addressed during the manifestation determination meeting:
Was the behavior “caused by” or did it have a “direct substantial relationship” to the child’s disability?
Was the behavior a “direct result” of the school’s failure to implement the IEP?

38. Where To Get Help INSOURCE
Indiana Disability Rights
   

39. Questions?

40. Thank you to our sponsors and partners!
Enjoy your break. Please visit the displays to learn more about services and supports available to you!