DJJ Special Education and IEPs

Sylvia Starkey

Director

Division of IDEA Monitoring and Results sylvia.starkey@education.ky.gov

Poll Everywhere Directions

Scan this QR code from your device

OR

Text SSTARKEY738 to 37607

2

3

4

5

What is Special Education?

Special education means specially designed instruction (SDI), at no cost to the parents, to meet the unique needs of the child with a disability including instruction in the classroom, in the home, in hospitals and institutions, and in other settings. Special education means speech language pathology services, travel training, and vocational education.

707 KAR 1:002, Section 1 (56)

Why is Special Education Important?

The Individuals with Disabilities Education Act (IDEA) says it’s more than important. It is the student’s right to receive these services.

6

What is FAPE? An LEA shall make a free appropriate public

education (FAPE) available to all children with disabilities aged three (3) to twenty-one (21) residing within its district’s boundaries who have not received a high school diploma, including children with disabilities who have been suspended or expelled for more than ten (10) school days in a school year.

FAPE shall be provided to each child with a disability even though the child has not failed or been retained in a course and is advancing from grade to grade based on the child’s unique needs and not on the child’s disability.

7

What is FAPE? (Cont.)

An LEA shall not be required to provide FAPE to a

student eighteen (18) years old or older, who is

placed in an adult correctional facility if, in the

educational placement prior to placement in the

correctional facility, the student was not identified as

a child with a disability and did not have an IEP.

707 KAR 1:290, Section 1 (1)

8

9

IDEA protections apply to students with

disabilities in correctional facilities and their

parents.

IDEA: Dear Colleague Letter

U.S. Department of Education

December 5, 2014

National reports document that

approximately one third of students in

juvenile correctional facilities were

receiving special education services,

ranging from 9% to 78% across

jurisdictions.

IDEA: Dear Colleague Letter

Overcrowding

Frequent transfers

Qualified staff

Lack of collaboration with LEA

Challenges

Every agency that is involved in the

provision of special education and related

services to students in correctional facilities

must ensure FAPE, even if other agencies

share that responsibility.

Shared Responsibility

Discipline

A student with a disability in a correctional

facility who violates a code of student conduct

is entitled to all the protections in the IDEA.

These protections apply regardless of whether

the student is subject to discipline in the

facility or removed to restricted settings, such

as confinement to the student’s cell or

“lockdown” units.

13

Surrogate Parents

Correctional facilities may not assume the role of a parent under the IDEA.

Does not assume all students with disabilities in correctional facilities need a surrogate parent.

Surrogate parents are only appointed when:

The parent cannot be identified

The parent cannot be located after reasonable efforts

The student is a ward of the state under the laws of that state

The student is an unaccompanied or homeless youth, as defined in the McKinney-Vento Homeless Assistance Act

14

Surrogate Parents (Cont.)

The surrogate parent may represent the student

in all matters relating to:

Identification,

Evaluation,

Placement of the student, and

The provision of FAPE.

Surrogate parents must meet requirements for

knowledge, skills, impartiality, etc.

15

16

Section 1. Child Find Requirements.

An LEA shall have in effect policies and procedures that plan and implement a child find system to locate, identify, and evaluate each child:

(a) Whose age is three (3) to twenty-one (21);

(b) Who resides in a home, facility, or residence within the LEA’s geographical boundaries, including children with disabilities who attend private schools located within the LEA boundaries, children who are highly mobile such as migrant children, homeless children as described in 704 KAR 7:090, children who are wards of the state or are in state custody, and students who are advancing grade to grade resulting from passing a grade but who still may have a disability;

(c) Who is either in or out of school; and

(d) Who may need special education and related services

Who is Entitled to Special Education?

An LEA shall ensure an IEP is developed and implemented for each child with a disability served by that LEA, and for each child with a disability placed in or referred to a private school or facility by the LEA.

At the beginning of the school year, an LEA shall have an IEP in effect for each child with a disability within its jurisdiction.

An LEA shall ensure the IEP:

Is in effect before specially designed instruction and related services are provided to a child with a disability; and

Is implemented as soon as possible following an ARC meeting.

17

Individualized Education Program (IEP)

IEP Requirements

Present Levels

Consideration of Special Factors

Measurable Annual Goals

Specially Designed Instruction (SDI)

Supplementary Aids and Services (SAS)

18

Present Levels of Academic and Functional Performance

A summary of information and data documenting

what the student currently knows and can do

Provide the Admissions and Release Committee with

a baseline of the student’s strengths and needs

Provide the foundation on which the IEP is built

Provide the basis for generating measurable annual

goals, specially designed instruction, supports and

services to meet individual student needs19

Present Levels (Cont.)

There should be a direct relationship between

the information in this section and the

measurable annual goals, any short-term

objectives or benchmarks and the

accommodations in the rest of the IEP.

20

21

Consideration of Special Factors

Not just a check box

Should align with present levels

Non-example:

● If the present level has clearly stated an adverse effect in

the area of social-emotional and the considerations do no

identify behavior as affecting the education of self or

others. You would expect those two to align.

22

Measureable Annual Goals

Audience

Behavior

Circumstance

Degree/Criterion

Evaluation/Method of Measurement

Frequency of Data Collection

23

Which Goal is Measurable?

Mike will increase his time on task.

When presented with a non-preferred activity

and three verbal prompts, Mike will begin

working on the activity within five minutes on

four consecutive occasions, as measured by

weekly latency recording.

24

What is Specially Designed Instruction?

Specially-designed instruction means adapting as

appropriate the content, methodology, or delivery of

instruction to address the unique needs of the child

with a disability and to ensure access of the child to

the general curriculum included in the Program of

Studies.

707 KAR 1:002, Section 1 (58)

25

SDI Questions

Is your instruction equipped to address academic and functional deficits?

Is your instruction intended to close the academic gap between a student with a disability and peers?

SDI is a responsibility shared by Special Education and General Education staff:

SDI is the vehicle to ensure students with disabilities receive high-quality instruction and services that will result in progress toward academic and functional standards, graduation and meaningful postsecondary outcomes.

26

Specially Designed Instruction

Simply put, it’s:

What the teacher does to:

Instruct,

Assess, and

Reteach the student.

27

28

What are Supplementary Aids and Services?

Aids, services and other supports that are

provided in regular education classes or other

education-related settings to enable a child

with disabilities to be educated with

nondisabled children to the maximum extent

appropriate.

29

What are Supplementary Aids and Services? (Cont.)

Simply put, they’re:

What the student needs to:

Advance towards IEP goals

Make progress in the general curriculum

30

31

What are Related Services? “Related services” means transportation and such

developmental, corrective or supportive services as are required to assist a child with a disability to benefit from special education.

It includes speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation including therapeutic recreation, early identification and assessment of disabilities in children, counseling services including rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes.

32

What are Related Services? (Cont.)

“Related services” also means school health services

and school nurse services, social work services in

school, and parent counseling and training.

“Related services” do not include a medical device

that is surgically implanted, the optimization of that

device’s functioning (such as mapping), maintenance

of that device or the replacement of that device.

33

What are Related Services? (Cont.) The definition of “related services” does not:

● Limit the responsibility of the LEA to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the child, including breathing, nutrition, or operation of other bodily functions, while the child is transported to and from school or is at school;

● Prevent the routine checking of an external component of a surgically implanted device to make sure it is functioning properly; or

● Limit the right of a child with a surgically-implanted device to receive related services that are determined by the ARC to be necessary for the child to receive FAPE.

34707 KAR 1:002, Section 1 (51)

An LEA (or state agency responsible for developing the child’s IEP) shall ensure that there is no delay in implementing a child’s IEP…

An LEA shall ensure that:

a. The child’s IEP is accessible to each regular education teacher, special education teacher, related services provider, and other service providers who are responsible for its implementation;

b. Prior to the implementation of the IEP, each implementer is informed of his specific responsibilities related to implementing the child’s IEP; and

c. The specific accommodations, modifications and supports are provided for the child in accordance with the IEP.

35

Individualized Education Program (IEP) (Cont.)

Re-Entry

Juvenile offenders are significantly more likely

to experience successful re-entry if appropriate

programs and supports are in place and

discussed with the student prior to release.

Re-entry planning is critical.

Exit is the most intensive time.

Prepare ARC meeting 4-6 weeks prior to

release.

36

All local and state agencies must comply with state and federal statutes and regulations.

OSEEL has general supervision requirement under the IDEA to ensure that all agencies comply with the IDEA.

37

KDE Obligation to Monitor Compliance

Office of Special Education and Early Learning

Division of IDEA Monitoring and Results (DIMR)

Division of IDEA Implementation and Preschool (DIIP)

Contact: 502-564-4970

38

How familiar are you with these special education resources?

39

GLEC

Special Educational Cooperatives

9

Special Education Guidance Documents

41

• IEP guidance document

• SLD guidance document

• IEP and Lesson Plan Development

Handbook

• Compliance Record Review

The State Advisory Council consist of up to 21 voting members appointed by the governor, the majority of whom shall be persons with disabilities or parents of children with disabilities ages birth through 26.

Membership includes DOC and DJJ

42

State Advisory Council for Exceptional Children

(SACEC)

43

QUESTIONS?

44

Erma WhiteExceptional Children Consultant

Corrections LeadDivision of IDEA Monitoring and Results

erma.white@education.ky.gov

Sylvia Starkey

Director

Division of IDEA Monitoring and Results sylvia.starkey@education.ky.gov