special education basics - includenyc · special education basics • goal: families and...
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Special Education Basics
Special Education Basics
• GOAL: Families and professionals will be prepared to negotiate and navigate NYC’s Special Education systems by learning how to: – Describe the steps for securing services for a child with a
disability – Understand the role of IEP teams, and the Committees on
Special Education – Discuss where parents go for help: Who does what? – Identify due process protections
What is Special Education? Special Education is not a place. • It is a combination of services designed to
meet the unique and individual needs of a student with a disability.
• It must meet the child’s needs and can be
provided in any setting.
Support Services Before Special Education
• Academic • Reading • Math • Behavior Parents can always request an evaluation for special education.
Section 504: Americans with Disabilities Act • Based on a diagnosis, such as asthma, diabetes,
and allergies
• No referral to the CSE is necessary
• Accommodations available in general education
• Every public school has a Section 504 coordinator
The Steps of Special Education
• Identification • Referral for an evaluation • Evaluations: public or private • Determination of eligibility • Development of the IEP • Provision of Special Education Services
Who Does What? The IEP Team and the CSE
• Children who attend public school are evaluated by their school’s IEP team
• The CSE evaluates children who do not attend public schools or are out of school
Initial Evaluation • Evaluations must be conducted in all areas of
suspected disability • Parents must give consent prior to testing • Must be free of charge • Must be conducted in the child’s native
language • Parents are entitled to a copy of all evaluation
reports prior to IEP meeting
Eligibility • Once evaluation (and other information) is
available, an IEP meeting is held.
• Eligibility is established if a child has a disability and requires special programs and services in order to participate, benefit, and progress in an educational program.
• Who determines eligibility?
CSE Members • The parents of the child • A regular education teacher (under most circumstances) • A special education teacher or related service provider* • A representative of the school district • An individual who can interpret the instructional implications of
evaluation results • Other individuals with knowledge or special expertise regarding
the child (as determined by the parent or school district)* • Whenever appropriate, the student • A Parent Member, if requested 72 hours in advance, in writing • With the consent of the parent, representative(s) from other
agencies likely to provide transition services
Parents are IEP Team Members!
PARENTS HAVE THE RIGHT to be notified of and participate in all meetings that
concern any steps regarding special education:
- Identification - Evaluation - Eligibility - IEP development - Annual and triennial reviews
Critical Skills for Effective Participation
• Understand your child’s disability
• Know your rights and responsibilities
• Practice good organization
• Practice clear and effective communication
Special Education Instruction -Can be provided in any setting -
• In the Least Restrictive Environment (LRE) that is appropriate to meet a student’s needs
• The NYC DOE must have a range of
programs available to fit individual need
A Free Appropriate Public Education in the Least Restrictive Environment
It’s the Law!
• Each child’s recommendation for special education is individually determined and must be appropriate
• For some children, their “Least Restrictive Environment” could be a full time special education class
• Parents should expect to fully participate and advocate for appropriate placements and services as they always have
FAPE and LRE go together like
peanut butter and jelly
Parent Involvement is YOUR Right
It is your right to: – Be notified of all meetings – To grant, refuse, or withdraw consent – Be provided with all evaluations, IEP documents, and
other special education documents about your child – To challenge decisions made about your child – Not to agree
If There Are Disagreements
What is Due Process under the Individuals with Disabilities Education Act (IDEA)? • Due Process is a set of specific procedures for
resolving disagreements with any of the school’s processes or decisions regarding a child’s identification, evaluation, and educational placement or provision of FAPE
Due Process Mediation
• Mediation allows the parties to discuss issues and work together to develop a mutually agreeable solution.
• A neutral third party (the trained mediator) helps to facilitate the discussion.
• Parties control the outcome. • Mediation is quick! • Parties may still use the
Impartial Hearing option.
Impartial Hearing
• A legal proceeding that takes time.
• An Impartial Hearing Officer (IHO) presides and provides parties the opportunity to present testimony and witnesses.
• Parties do not control the outcome.
• The IHO decides the outcome and issues a decision based on evidence and law.
• Decisions are final except for appeal (additional legal action).