special education: what you need to know some of the basics the training institute on disability...

RESO U RC E D EVELO PM EN T

SPECIAL EDUCATION:What You Need to Know

Some of the Basics

The Training Institute on Disability Rights

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Special Education: What You Need to Know


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Equip For Equality

Protection and Advocacy Agency for the State of Illinois www.ndrn.org

www.equipforequality.org Private non-profit 501(c)(3) Provide training, self-advocacy assistance,

legal representation and public policy advocacy Most services are free at this time Multiple teams within the agency

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Equip For EqualityTeam Divisions

Public Policy Abuse Investigation Unit- systemic focus CSA – Community Integration, self-

determination, & anti-discrimination Special Education Training Institute

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What does Equip for Equality (EFE) Do?

Offers People with Disabilities and their families:

Information

Support

Resources

Legal services

Trainings

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HELPLINE

SELF - ADVOCACY

ASSISTANCE

OUTREACH

TRAINING

NEGOTIATION

MEDIATION

REPRESENTATION

Special Education Clinic

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Identify issues

Identify goal

Discussing parents’

options

Strategies for effective

advocacy

Resources

Research

laws & regulations

Special Education Helpline Attorney Telephone Consultation

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Pro Bono Support

Since October 2007, we have been working with some pro bono attorneys at large Chicago-area law firms

Attorneys take our cases and Equip for Equality supervises

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Special Education Laws

Individuals with Disabilities Education Improvement Act 2004 (IDEA)

Section 504

No Child Left Behind (NCLB)

Family Educational Rights and Privacy Act Act(FERPA)

State Laws and Regulations

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Special Education Laws

Individuals with Disabilities Education Improvement Act 2004 (IDEA): 20 USC 1400

1400 purpose

1401 definitions

1412 child find, LRE,FAPE

1414 evaluations, consent, eligibility, IEP, Placement

1415 Procedural Safeguards

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Special Education: Who Needs It?

Does a student have difficulty in school?

Does a student need tools or services to understand materials or teachers in school?

Does a student need help to get into the school or use school equipment?

Does the school staff understand students’ needs?

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Equip for Equality’s Special Project with Cook County Juvenile Court

Provide free legal representation and training to children with unmet special education needs involved in the Cook County Juvenile Court system (this includes children diverted from court)

Work with special education students involved in court system who are currently not in school and need to be enrolled

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Work with students in court system whose schools are not implementing their Individualized Education Plan (IEP) to get schools to implement plan

Work with these students to improve IEPs that are not appropriate

Help students in court system find appropriate alternative schools and special ed support there

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Provide legal representation to students at IEP meetings, mediations, due process hearings, expulsion hearings

Provide trainings to public defenders, probation officers, other interested parties who come into contact with children with disabilities involved in court system

Fact sheets on special education law

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What clients can you refer to EFE?

Make sure and follow your own internal procedures (I.e. referral to Educational Advocacy Unit)

Only children involved in the juvenile justice system should be directly referred to me

You may refer other clients with special education issues to EFE’s Special Education Helpline at (866) KIDS-046

Other people with disabilities who need help 312-341-0022 (or 800-537-2632)

IMPORTANT: WE CANNOT ACCEPT EVERY CASE

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What clients can you refer to EFE?

If you have a client in court system whom you know has a disability and is not receiving appropriate special education services

If you have a client in court system whom you suspect has a disability and needs special education

If you have a chronically truant client involved with court and you suspect the student may not be attending because classes are too hard

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EXAMPLES OF CLIENTS TO REFER TO EFE

Client has been in and out of school and is far below grade level in her coursework

Client has very few credits and you suspect a disability Client who cannot read Clients with social-emotional problems who may

benefit from counseling at school Often these clients may not be identified as having a

disability but may have one

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HOW TO REFER A CLIENT TO EFE

If in court diversion program or otherwise involved in juvenile court –– Can call (312-895-7308), email (

[email protected]) or fax me (312-341-0295) directly

– Can have parent or student call me

If not involved in juvenile court, parent can call 1-866-KIDS-046

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WHEN RECEIVING A REFERRAL EFE WILL…

Call the client and get necessary information re client’s disability and school situation

Provide referral to client if I cannot accept the case In select cases, I will get the client’s records and work

with school district to secure appropriate special education services for the client

In select cases, If client does not want to stay at that school, explore alternative schools with client.

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WHEN RECEIVING A REFERRAL EFE WILL…..

Provide parents and student with assistance over the phone

when appropriate – Attend IEP meetings– File for due process– Attend mediations– Work with students to set up appropriate transition plans for

leaving high school CAVEAT: We get a lot of cases and cannot accept

them all. We provide all interested parents with brief assistance over the telephone, at the least.

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SPECIAL EDUCATION LAW

DISCIPLINE

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What about Discipline?

Student with a disability may be removed for no more than 10 school days for a disciplinary violation (unless exception applies)

More than ten days = change of placement (see following slides for details)

Exception: can automatically remove a student with a disability for 45 school days if 1) a weapon; 2) Drugs; 3) Serious bodily injury

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45 SCHOOL Day Removal

Weapon – “dangerous weapon” 18 U.S.C. § 930(g)(2)

Drugs– Controlled Substance 21 U.S.C. 812(c)§ 202(c)I, II,

III, IV, or V– Does not include legally possessed or used

substances Serious Bodily Injury

– “serious bodily injury” 18 U.S.C. §1365(h)(3)

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WEAPONS EXCEPTION

(2) The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length.

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SERIOUS BODILY HARM

Serious Bodily Harm is defined as: (a) a substantial risk of death; (b) extreme physical pain; (c) protracted and obvious disfigurement; and (d) protracted loss or impairment of the function of a bodily member, organ, or mental function.

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What about Discipline?

Suspensions/Removal- All students “removed” are to get services to prevent recurrence of behavior resulting in removal – should be added to IEP

Expulsions – FAPE services must still be provided so student can be able to “participate in general education curriculum” and “progress towards meeting goals set out in IEP.”

Before an expulsion can take place, must hold Manifestation Determination Review (MDR)

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MANIFESTATION DETERMINATION REVIEW

MDR is a meeting that occurs within ten school days of decision to change a student’s placement

– School’s actions are change of placement when student is suspended for more than ten consecutive days or series of days that “constitute a pattern” exceeding 10 days in a year.

Only “Relevant” Members of IEP Team attend to determine if student’s behavior is a manifestation of his/her disability

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What does it mean for behavior to be a manifestation of a disability?

Behavior is a manifestation of a disability if:– “caused by” the disability or– “Direct or substantial relationship to the disability” or– “direct result” of the school’s failure to implement the student’s

IEP

If student’s behavior is manifestation of disability, student can’t be expelled without parent consent and must be returned to pre-removal placement (unless drugs, weapons, or serious bodily injury)

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If behavior is manifestation of disability, what must the school do?

Functional Behavior Assessment (FBA) – evaluation to show relationship between behavior and what happens in student’s environment

Behavior Intervention Plan (positive interventions)

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What if behavior is not a manifestation of a disability?

If behavior is not a manifestation of a disability, school can use same discipline measures as with other students

BUT school must continue providing FAPE

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If you find out ahead of time, should you attend MDR?

Yes! If you find out about MDR ahead of time, you should attend with client.

GOAL: To show that behavior IS a manifestation of student’s disability

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How do I know if the FBA and BIP are appropriate?

A good BIP concretely defines problem behavior:– E.g. BIP should not state “Dan is aggressive often

during the school day.” It should state “Dan hits other students during unstructured times of the day (passing period, lunch, and recess) approximately three times per day.”

Look at whatever occurred before negative behavior began (I.e. triggers)

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FBA and BIPs continued

BIPs should discuss more appropriate replacement behaviors

– I.e. instead of throwing a book when agitated in class, encourage the student to ask for a hall pass to see the school social worker

Change antecedents to behavior– I.e. if cursing occurs every time a student with a learning

disability is assigned challenging math homework, consider changing antecedent (assignment of challenging math homework) by having student complete the work in resource room or with peer tutor.

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Appealing Disciplinary Removal

File for due process Hearing - Expedited

– 20 school days from request– 10 days for decision

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U A L I T YWhat if school wants to expel a student who has not yet been found eligible for special ed?

Students not yet found eligible for special ed may still be protected by IDEA under certain circumstances:

– Parent stated in writing to a supervisor, administrator or a teacher that child may need special ed

– Parent requested evaluation– Teacher/staff expressed specific concerns abut child’s pattern

of behavior directly to director of special ed or other supervisory person

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When are students not yet found eligible for special ed not protected?

Not protected if:– Child previously evaluated and found ineligible – Or parent refused special ed or evaluation in past

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Student Discipline Not Yet Eligible

School did not have “knowledge”– Same discipline as non-disabled kids

If school did have “knowledge,” then the student is protected by IDEA.

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HYPOTHETICAL 5

Your client, who is diagnosed with a behavioral disorder and is receiving special education services, recently brought drugs to school. The school is holding a MDR. The school finds that the student’s behavior is not a manifestation of his disability and informs you that your client cannot return to school ever and the school will provide the student with no special education services. Can the school do this? Why or why not?

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HYPOTHETICAL 6

Joe is a 17-year-old student with a diagnosed learning disability. Joe has been acting out at school for the last two years and is constantly being suspended and given detentions. You suspect that Joe is acting out because he is upset about the fact that he does not understand what is going on in his classes, due to his learning disability. In support of this theory, you point to Joe’s truancy from English class. Joe is reading at a 2nd grade level and his reading comprehension is at a 3rd grade level. You attend an IEP meeting on behalf of Joe. What types of goals would you like to see in the IEP? What types of accommodations? Would you like the District to conduct any further evaluations of Joe? If you disagree with the District’s decisions, what would you do?

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HYPOTHETICAL 7

Jennifer is a fifteen-year-old student with bipolar disorder who recently was caught by the school’s security guard with gang drawings on her notebook. The school is about to hold an MDR for Jennifer. Should you go to the meeting? What do you want to argue at the meeting? If the school finds that Jennifer’s behavior is not a manifestation of her disability, can they expel her? If they expel her, do they need to provide her with any special education services at all?

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Expulsion Hearings (in general)

An expulsion is a removal of a student from school for more than 10 days in a row

A student may be expelled for a definite period of time from 11 days up to 2 years.

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What happens before the hearing?

School must send written notice of the behavior for which it believes your child should be expelled. The notice must include the reason that the school is considering expelling your child and the date of the MDR.

School must send notice in writing and by certified mail inviting student and parent to attend expulsion hearing.

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At the Expulsion Hearing

Right to call witnesses Present evidence Cross-examine District’s witnesses Right to tape record

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Who will be at the expulsion hearing?

Student and parent should go. School District may have an attorney. Often people who were involved in or

witnessed the incident are there. A school administrator may be there.

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Who decides whether a student will be expelled?

Depends on the School District. Sometimes the Board of Education of the District makes the decision. Other Districts have hearing officers who make the decision.

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Can expulsion hearings be appealed?

Yes. If a student is expelled, the student can appeal this decision in state court.

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Expulsions from Chicago Public Schools

The Student Code of Conduct (SCC) outlines CPS disciplinary policies

For a copy, contact the Law Department at (773) 553-1700.

If CPS is going to expel a student, the District sends a “Notice of Request For Disciplinary Hearing” letter.

Closer to date that hearing will take place, CPS then sends a “Notice of Disciplinary Hearing.”

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Who is present at CPS expulsions?

Hearing Officer appointed by the Board of Education

CPS “Prosecutor” Student and Parent Any witnesses Usually a school administrator

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Should probation officers attend an expulsion hearing?

It depends on the circumstances. If client is compliant with probation, and school

already knows client is on probation, you could help client by attending.

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Any chance at settling an expulsion hearing?

Depending on the offense, CPS and student may come to an agreement for student to attend the SMART program.

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HYPOTHETICAL 8

Ben and Jerry are both caught by the security guard at school with pocketknives. Ben’s is 2” long and Jerry’s is 2 ½” long. Both boys have IEPS for LD and ED and attend a public high school. What will happen to them? What procedures should be followed? Can they be expelled? Will they get special education services?

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Tips on working with juvenile court clients who have disabilities

It is important to find out whether your client has a disability immediately upon being assigned to the client.

Number of different questions you can ask including:– Do you receive special education?– Do you get pulled out of class for special services at school?– Do you go to a special school or the local public school?– Do you switch classes during the day or stay in one room?– Do you get suspended from school a lot?– Is school really hard for you?– Do you have trouble focusing in school?– What kinds of grades do you get?

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More Tips

Once you find out whether student has a disability, get a copy of the student’s records

Review latest IEP and evaluation and see if you think it is appropriate. – Is student receiving the services listed in the IEP?– Does the student require more intensive services?– What do the student and parent think about the

services provided?

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More Tips

If IEP is not appropriate and parent/student wish for you to become more involved, you can request (in writing) an IEP meeting.

Preparation with parent/student before meeting – find out what (if any) changes they want to IEP. Work with the family to determine a list of requests/information you wish to discuss with the district.

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SPECIAL EDUCATION BASICS

THE LAW

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More Tips

Think about requesting an IEE to determine what services the student needs.

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Special Education Highlights

FREE APPROPRIATE PUBLIC EDUCATION

REQUEST DOMAIN MEETING

CONSENT

CASE STUDY EVALUATION

MDC – MULTIDISCIPLINARY CONFERENCE

IEP-INDIVIDUALIZED EDUCATION PROGRAM SERVICES – FAPE

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SPECIAL EDUCATION RULE

IF IT’S NOT WRITTEN DOWN

IT DIDN’T OR WON’T

HAPPEN

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Purpose of Special Education

Purpose

To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living

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Special Education Services

1. Request Written Request by Parent, State agency,

or school may initiate request for initial case study evaluation – Keep a copy with date and time it was delivered

and to whom it was delivered

See handout

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2. Consent Parent can include consent in request letter or School must provide parent consent form

within 14 days of request

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2. Consent

for Case Study Evaluations

Parental Consent not referral, starts the Case Study Evaluation (CSE), which must be done within 60 CALENDAR days (IDEA) – a different timeline may be set by the state. (IL Admin Code: 60 SCHOOL days from Consent)

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2a. Domain Meeting

The team meets to review the information that they already have about the child and decide what new information is needed. A form stating what new assessments and domain areas will be assessed as part of this evaluation will be completed.

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1. Request

2. Consent

3. Case Study Evaluation (CSE)

4. Eligibility Meeting –MDC

5. Individualized Education Program (IEP) meeting

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3.Case Study Evaluation Variety of assessment tools must be used Testing must be done in the “language and form

most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally.”

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HYPOTHETICAL 2

Your client is sixteen years old, has been diagnosed with ADHD and has forty misconduct referrals from the school for behaviors ranging from physical altercations to verbal threats to students and teachers. You believe your client may be in need of special education services. What do you do? Can the school choose not to evaluate your client?

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RTI & School Based Problem Solving

CPS name for Response to Intervention (RTI) SBPS (and RTI) is an intervention process for

students experiencing academic or behavioral problems.

SBPS focuses on attempting interventions, tracking the results, and making decisions based on those results.

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1. Request

2. Consent



5. Individualized Education Program (IEP) meeting

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4. Eligibility Meeting –MDCTeam of qualified professionals and parents decide

Whether child is a child with a disability (1401)(3)

1. Disability – mental retardation, hearing impairment, speech or language impairments, visual impairments, serious emotional disturbance (emotional disturbance), orthopedic impairments, autism, traumatic brain injury, other health impairments (OHI), or specific learning disabilities (LD or SLD): AND

2. who, by reason thereof, needs special education and related services

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Emotional Disturbance defined

Must meet four specific conditions:1. Exhibit one of the five listed symptoms (next slide)

2. “over a long period of time”

3. “to a marked degree”

4. that the condition adversely affects the student’s educational performance

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U A L I T Y Five Factors listed in ED definition

1. An inability to learn that cannot be explained by intellectual, sensory, or health factors

2. An inability to build or maintain satisfactorily interpersonal relationships with peers and teachers

3. Inappropriate types of behavior or feelings under normal circumstances

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Five factors listed in ED definition

4. A general pervasive mood of unhappiness or depression; OR

5. A tendency to develop physical symptoms or fears associated with personal or school problems

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ED definition cont…

The term ED includes schizophrenia. The term does not apply to children who are

socially maladjusted, unless it is determined that they have an emotional disturbance

34 CFR 300.8(b)(4)

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Emotional Disturbance

Note: A child does not need a medical or psychiatric diagnosis to be classified as an emotionally disturbed student.

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“The term means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.”

Specific Learning Disability

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LD definition cont…

The term does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage.

34 CFR 300.8 (b)(10)

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Mental Retardation

Significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child’s educational performance

IQ below 70 34 CFR 300.8(b)(6)

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Other Health Impaired defined

Other Health Impaired means having a limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that ---

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OHI definition cont…

i. Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia and Tourette Syndrome; AND

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OHI definition cont…

ii. The chronic or acute health problem(s) adversely affects a child’s educational performance.

34 CFR 300.7(b) (9)

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Traumatic Brain Injury

Acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability

or psychosocial impairment, or both, that adversely affects a child’s educational performance.

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Cause impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual and motor abilities;

psycho-social behavior; physical functions; information processing; and speech.

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TBI label does NOT apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma

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4. Eligibility Meeting –MDCTeam of qualified professionals and parents decide

Whether child is a child with a disability (1401)(3)

Educational needs of the child

Parents given

Copy of evaluation report

Documentation of determination of eligibility

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1. Request

2. Consent



5. Individual Education Program (IEP) meeting

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IEP MEETING

Procedural Safeguards 1415

School gives a copy of procedural safeguards to parents

At least once per year See handout

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5. Individual Education Program (IEP) meeting – who is part of the IEP team?

IEP TEAM– Parents– Not less than ONE regular ed teacher (if child IS or

may be participating in regular education)– Not less than ONE special ed teacher, or where

appropriate…special education provider of such child

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IEP Team Continued

– Representative of local education agencyQualified to provide or supervise special

educationKnowledgeable about general curriculumKnowledgeable about availability of LEA

resources

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5. Individual Education Program (IEP) meeting

IEP TEAM Continued..– An individual who can interpret the instructional

implication of evaluation results– Other individuals who have “knowledge or special

expertise regarding the child, including related services personnel as appropriate”: and

– whenever appropriate, the child with a disability

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IEP Team members excused

IEP TEAM requires specific Members But they can be excused from attendance if– written consent– Member’s area of curriculum or services is not being

modified or discussedOR– Parents and school agree– Member provides written IEP input to parents and

school prior to meeting

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What’s in an IEP?

Present Levels of Performance Goals & Objectives/Benchmarks * Progress Reports Special Education Services Related Services Supplementary Aids and Services

– Includes staff training Special factors Transition Services (IL 14 ½ and up) – IDEA 16

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Present Level of Performance

A Statement of the child’s academic achievement and functional performance – Present Level of Performance “PLOP”

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IEP Goals

A statement of measurable annual goals including academic and functional goals designed to

– Meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum; and

– Meet each of the child’s other educational needs that result from the child’s disability

– SMART goals – specific, measurable, action-oriented, realistic, and time-sensitive

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Progress Reports

The parents need to know about their child’s progress

The IEP should specify how the parents will be notified of their child’s progress

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Special Education and Related Services

IEP includes information about types of services a student receives

Examples of related services –– OT– PT– Speech therapy– Social work

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Supplementary Aides and Services

This may be some type of accommodation the student needs

Can include staff training

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What’s in the rest of the IEP?

See sample CPS IEP.

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HYPOTHETICAL 3

You believe that, because your client has bipolar disorder, she requires placement in a therapeutic day school. What actions do you take to get CPS to change your client’s placement?

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Transition Services

Age 14.5: start transition services results-oriented process is based on the individual child’s needs taking

into account the child’s strengths, preferences, and interests; and

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Transition Services

Goals are to be updated annually Appropriate measurable postsecondary goals

based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills;

The transition services (including courses of study) needed to assist the child in reaching those goals

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Amending IEP

No meeting required

If parents and school agree

Amendment in writing

Parents entitled to copy of the revised IEP with amendments incorporated upon request

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Requesting an IEP Meeting

Parent should do so in writing. You can help write the letter.

According to 23 Ill. Admin. Code 226.220(b): either a child’s educational provider or a child’s parent

may request an IEP meeting at any time. Within ten days after receipt of such a request, the district shall either agree and notify the parent in accordance with 34 CFS 300.503 or notify the parents in writing of its refusal, including an explanation of the reason no meeting is necessary to ensure the provision of FAPE for the child.

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Reevaluation - every 3 years

Domain conference to discuss what information the school already has and what information is still needed

parent or teacher request evaluation but not more than once per year unless school agrees otherwise

reevaluation every 3 years UNLESS parent and school agree it is unnecessary

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Evaluation/reevaluation

Required prior to removing child from eligibility Exceptions

– Regular diploma– Aging out

School must provide a summary to exiting students– Academic achievement and functional performance – Recommendations on how student can meet post

secondary goals

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HYPOTHETICAL 1

Your client, who receives special education for a learning disability, just spent one month in the JTDC, attending Nancy B. Jefferson. The judge has released your client and your client needs to return to his home school. You go to the school with your client and his mother, only to be told by the principal that he is not interested in having your client back at school. What do you do? Does the principal have the power to turn your client away? What if they say Nancy B Jefferson still has the student’s records?

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FREE APPROPRIATE PUBLIC EDUCATION

FAPE

SPECIAL EDUCATION DEFINED

Specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability,…

Important case: Bd. of Educ v. Rowley, 458 U.S. 176 (1982)

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Free Appropriate Public Education

Also includes Related services: any non-medical service necessary for the child to benefit from instruction, including speech, counseling, social work, parent training, transportation, physical and occupational therapy, mobility and orientation training, and any other service necessary to benefit from education

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Basis for Services

IEP must include a statement of special education, related services and supplementary aides and services, based on peer-reviewed research to the extent practicable (1414 (d)(1)(A)(i)(IV))

This puts methodology on the agenda for the IEP

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Least Restrictive Environment (LRE) 20 USC 1412(a)(5)

To the MAXIMUM extent appropriate children with disabilities… are educated with children who are not disabled.

Removalnature and severity of the disability of a child is

such that education in regular classes – with the use of supplementary aids and

services – CANNOT be achieved satisfactorily.

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What If You Don’t Agree? CONFLICT RESOLUTION OPTIONS

1. DOCUMENTATION 2. INDEPENDENT EDUCATIONAL

EVALUATION 3. STATE COMPLAINT 4. MEDIATION 5. DUE PROCESS See Wrightslaw “Letter to a Stranger”

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DENIAL of a FREE APPROPRIATE PUBLIC EDUCATION

Substantive Issues

– At the time the IEP was written was it reasonably calculated to provide meaningful educational benefit

Procedural Inadequacies limited

Impeded right to FAPE

significantly impeded parents’ opportunity to participate in the decision-making process

regarding FAPE

caused deprivation of educational benefits

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What If You Don’t Agree with the IEP?

IF IT’S NOT WRITTEN DOWN

IT DIDN’T HAPPEN!

DOCUMENT EVERYTHING!!!

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DOCUMENTATION TIPS

PARENT REPORT– KNOW WHAT’S NEEDED

THANK YOU LETTERS REVERSE LETTERS PROPOSAL/REQUEST SHEET

– FOLLOW UP LETTERS ORGANIZE DOCUMENTS TAPE RECORDING MEETINGS

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Independent Educational Evaluation (IEE)

At Public (school) or Private (Parent) expense Public expense if

– Parent disagrees with school’s evaluation– School must

Pay for IEE, OR May file Due Process against the parent within 5 days to

prove that its evaluation was appropriate, OR Prove that the Parent’s evaluation did not meet agency

criteria

Private (Parent) expense – parent has a right to this at anytime – school must “consider” evaluation

See handout

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STATE COMPLAINT

1 YEAR STATUTE OF LIMITATIONS

3 YEARS IF COMPENSATORY EDUCATION REQUESTED

FILE COMPLAINT WITH THEILLINOIS STATE BOARD OF EDUCATION

WWW.ISBE.NET

MUST HAVE PAPER TRAIL TO SHOW VIOLATION

CONFLICT RESOLUTION

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Mediation

A meeting between parents and school district Try to resolve problems without a hearing Mediator (impartial person) helps both sides try to

resolve the problems Voluntary (optional) & Confidential LEGALLY BINDING AGREEMENT Enforceable in any State court or district court Due process not required State pays for this including interpreter

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Due Process Hearing

Statute of Limitations– 2 YEARS From the date the parent or school knew or

should have known about the alleged action that forms the basis of the complaint

OR

STATE TIME LINE

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DUE PROCESS NOTICE 2004

HEARING ISSUES LIMITED TO THIS NOTICE !!!!!

Specific Requirements for this notice are in

the federal and state law

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Due Process Hearing

Administrative Due Process Hearing run as a trial with a Hearing Officer usually at school administrative offices or neutral site selected by parents

5 days to strike hearing officer – only one strike per side

5 days before hearing ALL documents, witness list and documents list due to hearing officer and opposing party

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General Tips

Keep all correspondence with the school and try to conduct all correspondence IN WRITING

Tell parents to keep a log of child’s reactions and behavior in relation to school – if child refuses to go to school because afraid, keep a log, if child is continually being sent home for his/her behavior, keep a log, etc.

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More General Tips

Encourage parents to save all anecdotal communications with the school (I.e. keep a communication notebook or make copies of all letters sent to/from school)

Log all observations you or parent make when observing at school, and log all observations of child’s negative behavior at home that is result of school issues.

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What about 504?

504 = Rehabilitation Act of 1973 Separate law Even if a child does not need special education

assistance, 504 makes sure that a child with a disability gets access to an education

Makes sure a child has access to a school building

Buses, ramps, elevators, Braille materials, etc.

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Resources

www.equipforequality.org www.wrightslaw.com www.copaa.org www.idea.gov Joe Tulman manual – available at

http://www.law.udc.edu/programs/juvenile/pdf/special_ed_manual_complete.pdf

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Questions????

special education: what you need to know some of the basics the training institute on disability...

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