IDEIA, State Rules and Regulations, LEA Policies

and Procedures

August 2009

Mitzi Delker

Secondary EXED Supervisor

Introduction

The Act is titled “Individuals with Disabilities Education Improvement Act of 2004”

Became effective July 1, 2005 Organized into 3 titles:

Title I – Amendments to the IDEA Title II - National Center for Special Education

Research Title III – Miscellaneous Provisions

Title I – Amendments to the Individuals with Disabilities Education Act

Part A – General Provisions (*Definitions)

Part B – Assistance for Education of All Children with Disabilities

Part C – Infants and Toddlers With Disabilities

Part D – National Activities to Improve Education of Children With Disabilities

Purpose

The purpose of IDEIA is: To ensure that all children with disabilities have available to them a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;

To ensure that the rights of children with disabilities and parents of the children are protected

To assist states, LEAs, and Federal agencies to provide for the education of all children with disabilities;

TEIS (Part C) To assess and ensure the effectiveness of efforts to

educate children with disabilities

General Provisions – Selected *Definitions

Assistive technology – does not include cochlear implants or other surgically implanted devices

Highly Qualified – EXED teachers must be properly endorsed in EXED area and HQ in core content area to be teacher of record. HQ does not apply to private school teachers.

Other Health Impaired – Adds “Tourette Syndrome” to list of chronic or acute health problems

Parent – Biological or adoptive parent, foster parent acting as parent, guardian (not DCS), person acting in place of biological or adoptive parent (grandparent, stepparent or other relative) with whom the child lives or a person who is legally responsible for the child, or a correctly appointed surrogate parent

General Provisions – Selected *Definitions

Change of Placement – Occurs if removal is for more than 10 consecutive days or if series of removals constitute a pattern (more than 10 days in a school year)

Manifestation Determination Review – If district fails to implement the IEP, then the district must take immediate steps to remedy (Two prongs: 1) Conduct was caused by or direct relationship to child’s disability and 2) Conduct was direct result of district’s failure to implement the IEP).

Students Not Yet Eligible – Child gets IDEIA disciplinary protections if district had knowledge (i.e. parent written concern, parent asked for evaluation, teacher or other district personnel expressed specific concerns about pattern of behavior). IF parent refused evaluation or services or if child evaluated and found not to have disability then district did not have prior knowledge.

Procedural Safeguards Notice – Must be given to parent at initial referral for evaluation; at each IEP meeting; at re-evaluation; upon receipt of request of due process.

Definition of Individualized Education Program (IEP)

Statement of present levels of academic and functional performance

Statement of measurable annual goals with benchmarks/objectives

To what extent will not participate with non-disabled children in regular classes

Accommodations and participation Beginning/ending dates for services, frequency,

location, and duration Description of how the student’s progress will be

measured and when progress reports to be sent out

Definition of Individualized Education Program (IEP), cont. Appropriate measurable post-secondary

goals and transition services to be in effect when student turns 16.

Beginning not later than one year before student reaches age of majority, statement that he has been informed of rights that transfer on reaching 18.

Meeting to review IEP held at least annually VITAL TO HAVE IEP IN PLACE WHEN

SCHOOL STARTS!!!!!!!

IEP Team Composition

Parents Not less than one regular education teacher* Not less than one EXED teacher of the child* Administrator/LEA representative* Public agency representative Interpreter of evaluation results* Others knowledgeable of the student Student, if appropriate*Minimum required at every IEP meeting

Transition Before the 9th grade or age 14 (or younger if IEP

team agrees appropriate) all students will develop an initial 4-year plan of focused and purposeful high school study. The plan to be reviewed annually and modified as necessary and will connect the student’s goals for high school.

Must identify transition service needs of the student at age 14

At age 16 (or younger per IEP) must develop a formal transition plan to be approved by the IEP team and included in the IEP. Will include transition services.

IEP Procedures . . .

IEPs must be implemented as soon as possible after the IEP meeting. If agreement was not reached, no change to be made in the IEP or eligibility for 14 days (calendar) in order to give parents time to request due process hearing.

Upon written request of any member, the IEP team shall be convened within 10 school days to review or revise the IEP or consider the child’s placement.

Parent notification of IEP meeting at least 10 days prior to the meeting.

Teachers of the student not attending the IEP meeting are required to review the IEP and document their review by signing the agreement page of the IEP.

More About ProceduresAuthority: T.C.A. 49-10-101 and 49-10-701

If a parent revokes consent, the revocation must be in writing and the revocation is not effective until it is received by the LEA to which consent was granted.

Written notice must be given to parents of a child suspected to have a disability or a child with a disability at least ten (10) school days prior to a LEA either proposing or refusing to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.

More About ProceduresAuthority: T.C.A. 49-10-101 and 49-10-701

Free Appropriate Public Education (FAPE): FAPE shall be available to all children with disabilities, ages three (3) through the school year the student turns twenty-two (22), including those children who have been suspended or expelled from school for more than ten (10) school days in a school year.

FAPE for children with disabilities in adult prisons.

Charter Schools: Charter schools must ensure compliance with the IDEA.

More About ProceduresAuthority: T.C.A. 49-10-101 and 49-10-701

Homebound Placement: A homebound placement is instruction provided at home, hospital, or related site to children with disabilities who are eligible per IDEA and state regulations. Instruction must be provided by qualified personnel, per IDEA and state regulations.

Determined through IEP process and with certification by a licensed doctor of medicine or osteopathy that the student needs homebound, is expected to be absent from school due to a physical or mental condition for at least ten(10) consecutive school days and that the child can receive the instruction.

Homebound placements are temporary IEP must contain a goal of returning the child to a less restrictive placement within the school year, unless there is a medical need to extend.

Homebound placements must be reviewed at intervals of thirty (30) school days by the child’s IEP team.

More About IEPs and Procedures Authority: T.C.A. 49-10-101 and 49-10-701

State Complaints: Written complaint filed with state department. LEA must work with parent to resolve the complaint and report back to state regarding the resolution.

Mediation: Hearing scheduled with state mediator, parent, and LEA

Impartial Due Process Hearings: Due process cases heard by administrative law judges. ADL have jurisdiction to hear complaints arising under the IDEA and Rules of the State Board of Education.

Civil Action: Any party who disagrees with the findings of an impartial due process hearing has the right to bring a civil suit of action with regard to the complaint presented.

Top Ten IEP Mistakes to Avoid

Predetermination of placement Failing to share all relevant educational information

with the parents Presenting too many recommendations for

placement from which parents are to choose Failing to have a final IEP proposed by the beginning

of the school year Don’t postpone just because all evaluations not

completed yet Make reasonable attempts (3 times – 2 written and

one other contact) to get parents to attend.

Top Ten IEP Mistakes to Avoid,Continued

Failing to hold an IEP meeting at least annually

Failing to make educational recommendations or decisions based upon the individual needs of the student (Don’t say “we don’t have that here”, “we always do that for our students with autism”, “my schedule won’t allow it”, or “we’ve never done that before”).

Making decisions based solely upon cost

Top Ten IEP Mistakes to Avoid,Continued

Failing to have required school staff in attendance at IEP meetings

Unleashing your inner attorney – let the lawyers handle it

Failing to exhale – many times it is wise to sit back, breathe and decide that no response is often the best response even when the parent has sent a ten page letter. You don’t have to respond with your own 10 or 20 pages to set things straight.

Support Services -How does that look?

Supportive Inclusion: Services offered in regular classrooms by

paraeducators, interpreters, or academic coaches for one or more students with disabilities.

Parallel Inclusion: Services offered in regular education classrooms

for one or more students with disabilities whose academic discrepancies are so significant that they are not able to meet the expectations of general education curricula and need modified curriculum, instruction and assessments.

Support Services - How does that look?

Collaborative Consultation: Indirect, consultation services provided by

special education teachers and other service providers to teachers on behalf of the students with disabilities that are taught in regular education classrooms.

Collaborative Co-Teaching: The art of two teachers, who form a

collaborative partnership, educating heterogeneous groups of students in multilevel instructional classrooms.

The Collaborative Team Model: (Co-Teaching)

What is Co- Teaching? Two or more adults who are appropriately credentialed Joint delivery of instruction not just simply two

educators in a room Diverse or blended group of students Shared classroom space

Co-teaching is not one teacher acting like a helper, just “showing up”, ignoring the needs of students with IEPs, or teaching the same old way

Co-Teaching Approaches

One teach, one observeParallel TeachingOne teach, one assistStation TeachingTeam TeachingAlternative Teaching

Roles & Responsibilities

Co-teaching has two benefits for schools. It allows for fully inclusive classrooms and helps with the NCLB’s “highly qualified” requirements to special education teachers.

It is important that the roles of the general education and special education teachers are clear.

Responsibilities:Special Education Teacher

Special Education Teacher Provide information on academic levels and learning

styles of SWD Analyze each student’s IEP goals/objectives Match lesson content to IEP goals/objectives Does the student require adaptations and

accommodations based on cognitive, motor, communication, and/or social skills?

Decide what adaptations/accommodations are appropriate.

Teach study skills and learning strategies Develop study guides Collect data on student performance

Responsibilities:General Education Teacher

General Education Teacher: Determine concepts necessary to meet curriculum

standards Identify course goals/objectives Provide knowledge on scope and sequence Determine key points of each lesson Break down lesson into series of logically sequenced steps Determine types of individual and/or group activities to be

used in each lesson Determine type of output students will produce Determine time frame for completion of lesson or unit Determine what materials are required Decide how students will be assessed Grading

Shared Responsibilities

Plan instructional activities together to achieve goals/objectives

Agree on adaptations/accommodations to achieve IEP goals/objectives

Select and order classroom materials and supplemental aids and services: Teaching assistants/paraprofessionals Adaptive equipment/assistive technology Technical Support

Establish classroom management plan Give individual assistance to students

We Do Important Work . . . . .

Work that makes a difference in the lives of students with disabilities . . . . . . . . . .

Always challenge all students to grow and achieve.

Resources

www.specialedconnection.com

http://tennessee.gov/education/

http://www.state.tn.us/sos/rules

http://www.tennesseescore.org State Collaborative on Reforming Education

(Tennessee’s Top Ten Education Facts)