a hoonanian

Special Education 101 ACSA 2014 Every Child Counts Symposium

January 15-17, 2014

Presented by: Anahid Hoonanian

Overview

• IDEA and FAPE• Child find and

Referral• Assessment• IEP meeting• Eligibility

• Implementation• IEP review and

Reassessment• Timelines• Prior written

notice

IDEA

• Funding statute• Part B• Purpose

IDEA

• Right to a FAPE

• FAPE–Procedural– substantive

• IDEA requires Districts to locate and identify any student suspected of having a disability (Child Find) and assess the student in all areas of possible disability to determine eligibility.

Child Find

Referral

• Timeline

–What about RTI?

Assessment

• Before an initial assessment, the LEA must:– Provide parent with

prior written notice

– Provide parent with procedural safeguards notice

– Obtain parent’sinformed written consent

Assessment

• Purpose– To see if the child is a “child with a

disability”as defined by IDEA

– To gather information that will help determine child’s educational needs

– To guide decision making about appropriate educational program for the child

Assessment Requirements

• Must use of a variety of assessment tools and strategies to gather information about the child, including information provided by parents

• The assessment must be sufficiently comprehensive to identify all of the child’s special education and related services needs whether or not those needs are commonly linked to the disability category in which the child has been classified


• Assessments and other evaluation procedures must be administered:–by trained and knowledgeable

personnel – in accordance with documented

instructions– for the purposes for which the

assessments or measures are valid and reliable


• Assessment procedures must be:–Selected and administered so as

not to be discriminatory on a racial or cultural basis

–Provided and administered in child’s native language


• Assessment procedures must be:– In the form most likely to yield

accurate information on what child knows and can do• Academically• Developmentally• Functionally

–Must be conducted within 60 days of parental consent for assessment

IEE

• If a parent disagrees with a district assessment, the parent is entitled to an independent educational evaluation– District may not require the parent to

explain why he or she objects to the district’s assessment

• Responses– Agree to fund IEE; or,– Request a due process hearing

IEP

• Once a student is found eligible, IDEA requires the District to develop and implement an individualized education program (“IEP”) for special education instruction and/or related services.

IEP Meeting Notice

• Provide parents notice of the meeting early enough to ensure an opportunity to attend

• Indicate purpose, time, and location of the IEP meeting and who will be in attendance

The IEP Team

• Team members:– parents– not less than one regular education

teacher of the child– not less than one special education

teacher of the child– Administrator or designee– an individual who can interpret the

instructional implications of evaluation results;

– other individuals who have knowledge or special expertise regarding the child

– the child with a disability

IEP – Parent Participation

• The LEA must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting.

Parent Participation - Example

Doug C. v. Hawaii Dept. of Educ.(9th Cir. 2013) ___ F.3d ___, 2013 WL 2631518

• Facts – Parent repeatedly postponed or

cancelled IEP meetings.

– Parent requested to re-schedule the IEP meeting, and insisted upon participating.

– LEA refused and held meeting without parent or private school representative.

Convening IEP Meeting Without Parent

Did the LEA deny FAPE byholding the student’s IEPmeeting without parent

in attendance?


• Yes!–When faced with competing

procedural requirements, the LEA must make a reasonable determination.


–LEA may not hold IEP meeting without parent unless they affirmatively refuse to attend.

–Procedural violation resulted in deprivation of educational benefit because DOE changed student’s placement without parent or private school’s input.


•Tips:

– When faced with decision of which IDEA provision to violate, take action most consistent with purpose of IDEA.

– It’s usually better to miss a deadline than to have an IEP without parents.

IEP Team Member - Excusal

• A member may be excused from attending the IEP meeting in whole or in part when:–Team member’s area is not being

modified or discussed–Parents and LEA have agreed that

the member’s attendance is not necessary

–The agreement is in writing

IEP Team Member - Excusal

• What if IEP team member’s subject area is going to be discussed?

Determining Eligibility

• A child must not be determined to be a “child with a disability” if the determinant factor for deciding so is – Lack of appropriate instruction in

reading,– Lack of appropriate instruction in math,

or– Limited English proficiency; and– If the child does not otherwise meet the

eligibility criteria at 34 C.F.R. §300.8(a)

Eligibility

• Child with a disability means:– a child who is assessed under the

IDEA’s procedures as having one of the 13 disabling conditions listed in the IDEA; and,

– who, by reason thereof, needs special education and related services.

Eligibility Categories

1. Autism2. Deaf-Blindness3. Deafness4. Emotional Disturbance5. Hearing Impairment6. Intellectual Disability7. Multiple Disabilities8. Orthopedic Impairment 9. Other Health Impairment 10. Specific Learning Disability 11. Speech or Language Impairment12. Traumatic Brain Injury or13. Visual Impairment (including Blindness)

IEP Process

• Provide copy of assessment report to parent at no cost to parent

• IEP content– Transition

• Related services• LRE• Placement and written FAPE offer

IEP Process

• Consent• Revocation of consent• Implementation• Reporting on progress• Review and reassessment

Reevaluations

• May occur not more than once a year,–unless parent and public agency

agree otherwise• Must occur at least once every 3

years,–unless parent and public agency

agree a reevaluation is unnecessary

Additional Timelines

• IEP in place by age 3• Aging out or diploma• Revocation of consent for

special education

Exiting Special Education

• Assessment is required before determining a child is no longer a “child with a disability” except when the child’s eligibility under Part B ends because:– the child graduates from high

school with a regular diploma; or– the child ages out.

Exiting Special Education

• When child’s eligibility under Part B ends, the LEA must provide the student with a:–Summary of child’s academic

achievement and functional performance, including…

–Recommendations on how to assist child in meeting his or her postsecondary goals

Procedural Compliance

• Request for records

• PWN

• Recap of timelines

Case StudyParent on Behalf of Student v. Sacramento

Unified School District (OAH No. 2012040379)

• Eight-year old Student has just moved into School District’s boundaries.

• She is an ELL student who has a moderate hearing loss and speech language and learning needs.

• Student requires an assistive listening device and articulation, language processing and reading support.

Case Study

How can District serve the needs of Student given its limited resources?

• Student’s parents request an assessment for special education based on their belief that Student has ADHD since her refusal to go to school and has led to excessive absences.

• Principal contacts parents and suggests going through Student Study Team process before an assessment.

• Parent rescinds assessment request, but District does not get rescission in writing, and District does not give Parents notice of their procedural rights.

• District delays assessment for four months after initial request.

• Student is found not to have ADHD.

• Student is found to have a hearing impairment and a language/speech disorder.

Did District deny Student a FAPE?

Case Study

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Thank You For

Attending!