SPECIAL EDUCATION BASICSSPECIAL EDUCATION BASICS

Adrienne VolenikEducation Rights ClinicUniversity of RichmondSchool of Law804-289-8921

Resources

Federal Statute 20 USC §1400 et. seq.

Federal Regs. 34 CFR §300.1 – 300.537

State Regulations

http://www.doe.virginia.gov/special_ed/regulations/state/regs_speced_disability_va.pdf

Resources

Parent’s Guide

http://www.doe.virginia.gov/special_ed/parents/parents_guide.pdf

Parent Advocacy Information

http://www.wrightslaw.com/

Topics for Today

Eligibility IEPs

Notice and Process Team Members and participation Content Disagreements

Child with a Disability

(i) with intellectual disabilities, hearing impairments (incl. deafness), speech or language impairments, visual impairments (incl. blindness), serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; AND

Child with a Disability

AND (ii) who, by reason thereof, needs special education and related services.

Eligibility

Process begins with referral

Referral Process: Child Study Team

Referral for evaluation may be made by parent, SEA, LEA, other state agency (1414(B)) to principal or designee or

Any source (8VAC20-81-60) Determine eligibility within 65 business

days of receipt of referral

Evaluation

Requires informed parental consent Non-discriminatory, valid testing Comprehensive to identify all of a chil

d’s needs Results to parent at least 2 business

days before eligibility meeting

Eligibility

Parents are entitled to participate Parental consent required to find child

eligible for services

Parents Can Refuse Consent

For initial evaluation, LEA can seek override unless inconsistent with state law.

Sec. 1414(a)(1)(D)

IEP Process

IEP to be developed w/in 30 calendar days of eligibility determination.

IEP to be in effect at the beginning of the school year.

IEP Notice

In writing (telephone & in person must be documented)

Purpose, date, time, location Who will attend Others with special knowledge may attend Early enough so that parents can attend Mutually agreed on time and place

8 VAC 20-81-110(E)

Presence of Parent

LEAs to take steps to ensure parental attendance

Can use speaker phones or conference calls

Can occur without parents if LEA documents efforts to get parents there (record of attempts to arrange mutual time and place)

8 VAC 20-80-62(D)

Taping IEP Meetings

Audio tapes shall be permitted Give advance notice in writing Without notice, must provide copy of the recording

to LEA (part of record) Must provide own recording equipment LEA can prohibit video tapes but must allow

exceptions to implement parental rights

Individualized Education Programs

Written statement Developed, reviewed, revised at least

annually School personnel can develop a draft

in advance of the meeting (ideally shared in advance of the meeting)

IEP Content

PLOP (present level of academic and functional performance) (Sec. 1414) should drive the IEP How disability affects involvement in gen’l

ed. curriculum/ appropriate activities Every goal should flow from the IEP

IEP Content (cont.)

Measurable annual goals (academic and functional) designed to meet needs resulting from disability to

enable child to be involved and make progress in the general curriculum

meet other educational needs that result from disability

IEP Content (cont.)

Description of how progress will be measured (specific tests?)

When periodic reports of progress on annual goals will be made

IEP Content (cont)

Special education and related services and supplementary aides and services to be provided to or on behalf of child, and

Program modifications or supports for school personnel that will benefit the child

IEP Content (cont)

LRE – the extent to which the child will be educated and participate with other children.

IEP Content (cont)

Projected start dates for services plus frequency, location, and duration

At 14, measurable postsecondary goals based on transition assessments related to training, education, employment & independent living skills

Transfer of rights notice beginning one year before transfer.

IEP Team

Parents Not less than 1 regular ed teacher of child if

child is participating in reg. ed. Not less than one sp. ed teacher of child LEA rep. who can supervise sp. ed., is

knowledgeable about gen’l. ed. curriculum and LEA available resources

Sec. 614

IEP Team

Someone who can interpret instructional implications of evaluation results

Those with knowledge or special expertise regarding child, at discretion of parent or agency

When appropriate, the child.

IEP Attendance

Parents & school can agree to excuse members when their areas are not being considered

Can excuse others by agreement when consultation occurs before IEP meeting

Agreement to be in writing

IEP Changes

Can be made without meeting by agreement

Do not require complete rewriting Can revise to address lack of

progress, new evaluations, changes in needs

Consenting to IEPs

For service provision, LEA shall not provide services in the absence of initial consent.

Parents must consent to changes in IEPs that amount to a reduction or termination of services

Consent

An LEA may not use the parent’s refusal to consent to one service or activity to deny the parent or child any other service, benefit, or activity of the public agency. 300.300(d)(3); 20-81-170(E)(4)(d).

Tips for Parents

Make sure the child’s teacher is aware of the child’s disability and has seen the IEP