rights training coalition

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Parent’s Rights In The Special

Education Process

Ohio Coalition for the Education of Children

With Disabilities

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HISTORY

It all started with concerned parents.

36 court cases in 27 states 11th and 14th Amendments 1865 - Freedom from slavery 1922 - Women’s right to vote 1964 – Civil Rights Act 1973 – Rehabilitation Act 1975 – P.L. 94-142 (EAHCA) 1990 – Americans with Disabilities Act

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ACTS OR STATUTEIDEA ’04’ is a Statute. This is law.

RULES OR REGULATIONSRegulations Clarify Statute.

POLICIES AND GUIDELINESStates and School Districts have Policies and Guidelines in areas such as Attendance, Behavior etc. If Policies are in

Conflict with Federal Acts or Regulations, they can be Challenged

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©PACER Center, Inc., 1999

Consent: Parent fully informed

Parent understands and agrees in writing to proposed activity

Parent knows consent is voluntary and can be revoked

Evaluation: Procedures to determine if a child has a disability

Nature and extent of services needed in academics but must also consider all areas of the child’s functioning

Personally identifiable information includes:Name, address, personal identifier and/or a list of personal characteristics

Parents must be given the opportunity to participate in all meetings related to the identification, evaluation, educational placement and the provision of FAPE for their child

Parents are part of the group that make the decision regarding their

child’s eligibility

Parents are part of the group that make the decision regarding their child’s educational placement


PARENT means a natural or adoptive parent, a guardian, a person acting as a parent, or a surrogate parent who has been appointed

Unless State law prohibits, a State may allow a foster parent to act as a parent if parental authority to make educational decisions has been extinguished, and the foster parent :

has an ongoing long-term parental relationship with the child

is willing to make educational decisions

has no interest that conflicts with the interests

of the childPACER Center, Inc., 1999

PACER Center, Inc., 1999

A Surrogate Parent is a person appointed to represent a child with a disability in special education planning when: No parent can be identified

No parent can be located, or

Is a ward of the State

THE SURROGATE:

Is not an employee of the SEA, LEA, or agency involved in the education/care of

the child

Cannot have a conflict of interest

Has knowledge and skills

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Ages 3 through 21*• Mental Retardation (Cognitive

Disability)• Hearing Impairments Including

Deafness• Speech or Language Impairments• Visual Impairments Including

Blindness• Serious Emotional Disturbance

(emotional disturbance)• Orthopedic Impairments• Autism• Traumatic Brain Injury• Other Health Impairments• Specific Learning Disabilities• Deaf/Blindness• Multiple Disabilities

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1. Free and Appropriate Public Education 1. Free and Appropriate Public Education (FAPE) (FAPE)

2. Appropriate Evaluation2. Appropriate Evaluation3. Individualized Education Program (IEP)3. Individualized Education Program (IEP)4. Least Restrictive Environment (LRE)4. Least Restrictive Environment (LRE)5. Parent/Student Participation in Making5. Parent/Student Participation in Making Decisions Decisions 6. Procedural Safeguards6. Procedural Safeguards

Free, Appropriate Public Education (FAPE) means SPECIAL EDUCATION and RELATED SERVICES that are provided:

PACER Center, Inc., 1999

At Public Expense

Under Public Supervision

At No Cost to Parents

Meets the Standards of the SEA

Include Preschool, Elementary or Secondary School

Are Provided in Conformity with an IEP

Applies to All Children with Disabilities, Including Those Who Have Been Suspended or Expelled From School

REQUESTING EVALUATIONS

Tips for parents:

ask for evaluation in writing; keep a copy of your request

explain your child’s problems and why you think evaluation is needed

be sure to share important information with school staff about your child’s performance, and your concerns

you must give informed consent for the evaluation to take place


Initial Evaluation

To determine:

if child has a disability and needs special education and related services

present levels of performance and educational needs

Initial Evaluation

To determine:

if child has a disability and needs special education and related services

present levels of performance and educational needs

Cat

Dixie

Evaluation results will be used to develop an IEP for an eligible child

Evaluation results will be used to develop an IEP for an eligible child

Testing in Progress


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Parental Consent Written Parental Consent Must Be

Obtained Before: The Initial Evaluation or Re-evaluation Upon re-evaluation Upon receipt of request for due process Upon change in placement for

disciplinary action

The initial evaluation and eligibility must be completed within 60 days of receiving parental consent.

Parental consent is not required for a review of existing data as part of an evaluation or re-evaluation.

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PARENT CONSENT FOR EVALUATION

PARENT CONSENT MAY BE GIVEN BY:

Sample consent form

Pull down the consentform from the OECWebsite

Parents may also give consent bywriting a letter requesting an evaluationand stating consent

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Evaluation Procedures


(c) (1) Any standardized tests given must be:

validated for the purpose that it is used used by persons who are trained/knowledgeable used according to test instructions

(d) (2) Any change from the standard evaluation conditions:

must be included in the

evaluation report

(a) Tests and other evaluation materials:will not discriminate based on race or culture are given in child’s native language or mode of communication unless it is clearly not feasible to do so

(b) A variety of tools and strategies are used to determine:

if child is a “child with a disability” contents of the IEP



(d) Tests and evaluation materials must measure more than just I.Q.

(e) Tests should accurately measure aptitude or achievement, and not simply reflect a child’s impaired skills

(f) No single test can be used to determine:

if child has disabilitywhat services are needed




(g) Child must be assessed in all areas of suspected disability

(h) Evaluation identifies all needs, whether or not commonlylinked to the disability category

(i) Public agencies must use technically sound instruments

(j) Assessment tools must provide relevant information that assists persons in determining educational needs


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In effect-at beginning of year

before services are providedImplemented-

as soon as possible following the meeting

Accessible to- each regular and special education

teacher and others responsible for its implementation

Teachers and

providers know - responsibilities in implementing IEP

specific accommodations,modifications and supports to

be provided

An IFSP may serve as an IEP for children 3 - 5,if- using that plan is consistent with State policy, and agreed to by parents

The public agency shall- provide to parents a detailed explanation of the differences between an IFSP and an IEP

If parents choose IFSP, obtain written informed consent from parents ©PACER Center, Inc., 1999

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Students with Specific Learning Disabilities

Additional team members to determinewhether the child is a “child with a

disability”

the child’s regular teacher, or, if the child has no regular teacher, a regular classroom teacher qualified to teach a child of his or her age

for a child of less than school age, a teacher of that age group, and

at least one person qualified to conduct individual diagnostic evaluations, such as the school psychologist or remedial reading teacher

Independent EducationalEvaluation (IEE)

If parent disagrees with public agency’s evaluation, the agency must:provide an IEE at public expense, orinitiate a hearing to show that its’ evaluation is appropriate

If a parent initiates a privately funded IEE:if evaluation meets public agency criteria, results must be considered in planning IEPIEE may be used as evidence at a due process hearing


..provided by a qualified person who is not an employee of the public agency

A child cannot be determined to have a disability based on a lack of instruction in math, reading or limited English proficiency, if the child does not

otherwise meet eligibility requirements

A group of qualified professionals and the parent determine the need for special education and related services

ELIGIBILITY-who determines?

based on evaluation

Public agencies must give parents a copy of the: evaluation reportdocumentation of the eligibility determination


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Placement When FAPE is an Issue

If a child who had previously received services isenrolled in a private preschool, elementary orsecondary school by their parents without consent

ofthe public agency, the parent must:

At the most recent IEP meeting before removal, parents must inform the IEP team they are rejecting the proposed placement with concerns as to why and their intent to enroll in a private school; or,

Given written notice to the public agency 10 business days prior to removing their child from the public school. (Written notice must contain the same information described above.)

Written notice - whenever the public agency proposes or refuses to initiate or change:

identificationevaluationeducational placementprovision of FAPE

Prior Written Notice


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SAMPLE PRIOR WRITTEN NOTICE FORM

Prior Written NoticeContent of notice-

proposed or refused actionwhy action is proposed or refusedoptions considered & rejected all records used by the district in reaching a decisionother factors relevant to proposal or refusalwhere parents may obtain procedural safeguards who parents can contact about understanding their rights

Notice must be in understandable languageUnderstandable to the general publicin the parent’s native language


parent expressed in writing that the child needed special education and related services

behavior demonstrates need for services

parent has requested an evaluation

teacher or other personnel expressed concern about child’s behavior or performance in accordance with the child find or special education referral system

A child may assert the protections of the discipline section of IDEA if the LEA “had knowledge” he or she was a child with a disability:


If an LEA does not “have knowledge” that a child has a disability, the child may be subjected to regular discipline

If evaluation is requested during the disciplinary period, it must be expedited. Until evaluation is completed, child remains in placement determined by school authorities

If the child is found to have a disability, the agency shall provide special education and related services. ©PACER Center, Inc., 1999

PACER Center, Inc. 1998

Reevaluation..at least once every three years, or

more often if parent or teacher requestsor conditions warrant

a group of persons shall-identify any additional data needed to determine

if child continues to have a disability, and continues to need special education and related services present levels of performance and educational needs if additions or modifications are needed to the special education and related services

review existing data

PACER Center, Inc. 1998©PACER Center, Inc., 1999

Parents must give INFORMED CONSENT if additional assessment is neededThe group of persons that review the datais the same membership as an IEP team, andothers, as appropriateThe group may conduct its review without a meeting

The public agency will notify parents in writing:

of the determination and the reasons for itof the parents’ right to request assessment to determine whether their child continues to qualify for special education and related services

The public agency is not required to conduct an assessment unless requested to do so by parents

What if wewant our child

to bereassessed?

Reevaluation If additional data is not needed to

determine that the child continues to be a“child with a disability” then


Medical recordsSchool records -assessments -IEPs -discipline reportsLettersObservationsTelephone notes, etc.


Right to inspect and review all educational recordsin child’s file

An agency may presume that the parent has authority to inspect and review his or her child’s records unless the agency has been advised otherwise under applicable State laws

highlyconfidential!


Procedural safeguards notice must be given upon-

initial referral for evaluationnotification of an IEP meetingreevaluationreceipt of request for due process hearing

Contents of notice: full explanation of specific procedural safeguards available to parents and the State complaint proceduresNotice must be in understandable language

Procedural Safeguards Notice


State Complaint

Procedures

Time limit of 60 days to investigate and issue a written decision

Time extension only if exceptional circumstances exist

Procedures for implementing final decision


A complaint is an allegation that the law

is not being followed


A complaint is an allegation that the law

is not being followed

A complaint must include:Statement that a public agency has violated a requirement of Part B

Facts on which statement is based

Violation occurred not more than one year from the date a complaint is received, unless a longer time is reasonable because:

the violation is continuing, orthe complainant is seeking compensatory education for a violation that is not more than 3 years old

voluntary timely

impartial no cost

confidential written agreement may not deny or delay right to hearing


45 45 days from receipt of request for hearing:A decision is reachedA copy of decision is mailed to each party

30 days from receipt of request for review of hearing decision:A decision is reachedA copy of decision is mailed to each party

A hearing review officer may grant time extensions

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NOTICE

Parent or public agency may initiate:


Parent must provide notice in a request for a hearing :

•Child’s name, address and school

•The problem the parent has

•The solution the parent wants

Public Agency must provide:

•Information to parents about availability of mediation

•Information on free or low-cost legal services

•A model form to assist parents with request

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RESOLUTION SESSION RESOLUTION SESSION MEETINGMEETING

Within 15 days of receiving a parental due process complaint and prior to the due process hearing

LEA convenes a meeting with parents and rest of IEP team members

LEA attorney may not be present if parent is not accompanied by attorney

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RESOLUTION MEETING continued……

Discussion of due process complaint and factsthat form the basis of complaintMeeting does not take place IF :

the parents and LEA agree in writing not to have the meeting or…

The parents and the LEA agree to use the mediation process

There is a 30 day timeline in which to resolve the due process complaint. If after that time the due process complaint is not resolved the due process hearing may take place. The 45 day timeline for the due process hearing begins if both parties agree in writing not to hold the resolution session or if a mediation agreement is not reached or if an agreement to extend mediation is written.

Decision within 45days with no exception or extensions

Hearing officer must be impartial

(no conflict of interest)

Decision may be appealed (using normal appeal procedures)


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QUESTIONS ?QUESTIONS ?

THANK YOUTHANK YOU

Ohio Coalition for the Education of Ohio Coalition for the Education of Children with DisabilitiesChildren with Disabilities

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Early Intervention Amendments

For children ages birth to three years

Lead agency is the Ohio Department of Health

Provided in a natural environment

Individualized Family Service Plan (IFSP)

Service Coordination

Transition Conference that includes local school district representative

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Children in early intervention programs must experience a smooth and effective transition to preschool programs

By the 3rd birthday of the child, an IEP or IFSP must be in effect

Each LEA will participate in transition planning conferences arranged by thelead agency


rights training coalition

Education

foster parent

adoptive parent

informed parent

child parent pacer center

parent advocate pacer

proposed activity parent

parent asurrogate parentis

child parents