Special Education in America – Essential Knowledge

Welcome to the course! My name is Dr. Kurt Hulett and I will be your instructor. My background includes:

• School principal for 10 years

• Author: Legal Aspects of Special Education

• Contributor to policy on special education

• Senior Research Director for AIMSweb/Pearson

• BS in Public Administration and Special Education

  • specializing in K-12 students with emotional disturbance, learning disabilities, and cognitive impairments

• M.ED in Special Education

• ED.D in School Administration and Supervision

My background is unique for this course. I have both the practical hands-on experience and the legal experience in special education. In this course, you will learn everything you need to know about special education:

• the laws

• the requirements

• how to navigate an Individualized Education Program (IEP) meeting

• everything in-between

Access all of the materials used in the course here:

http://bit.ly/LETSGOLEARN

This course is presented for educational purposes. For legal advice, consult an attorney.

Any educational system that receives federal education funds is responsible for educating every child with a disability.

• educate every child

  • top-rate Individualized Education Program (IEP)

  • lack of funds/resources no excuse

    • a principal should never deny required FAPE services based on expense

      • a principal should never reference denial of services based upon expense

    • In certain circumstances, services can be denied based upon expense

    • consult a special education specialist or an attorney

• be creative with programming

  • understand all available services on campus

  • meet the individual needs of every child

• know the laws

  • Individuals with Disabilities Education Act (IDEA) (PL 94142)

  • Rehabilitation Act of 1973 (504, 503, 508)

  • Americans with Disabilities Act 1990 (ADA)

You need to know about the disabilities of your students. These disabilities can include:

• Behavioral disorders

• Cognitive delays

• Autism

• ADHD

• Physical disabilities

• Many more

You need to be able to speak intelligently to the disability of record for every child that comes to a meeting with you. It’s hard to build a individualized program for each child if you don’t understand the disability. You need to understand the disability. You need to do your research.

Teachers of students with disabilities need to be trained appropriately. In many situations, the teachers need to be highly qualified and licensed in special education. What I have seen in my career is that there is a broad continuum of ability among teachers when it comes to special education. The principal is responsible to ensure the quality of the Individualized Education Programs that are developed.

The words that we use to talk about individuals with disabilities matter. The most important rule to remember is that the individual precedes the disability. We talk about “the child with autism” not “the autistic child.” We do this to place an emphasis upon the humanity of each individual. Their humanity comes first. The individual is first-and-foremost human. They are a human with a disability.

We can all choose to be a leader when it comes to special education. In the formal administrative structure of academia, the principal is the primary individual who needs to be a special education advocate and leader. It is the principal’s responsibility to lead. Principals should not abdicate their leadership to specialists such as psychologists or social workers. The school, and the children there, are the ultimate responsibility of the principal. As a leader, you will need to validate and support students, their parents, their advocates, and school staff.

You need to know the service delivery options and placements. You need to know what is available for your kids, what is appropriate for your kids, and exactly what happens in those classes. The principal needs to know what educational services are being provided to every individual child. You also need to ensure that research based, evidenced based practices are being used. You need to be able to speak intelligently to the underlying methodologies of your program.

The principal is responsible for the quality of the Individualized Education Program (IEP). Every IEP must be individualized to every individual. You cannot have an individualized education program if content is copied and pasted from one program to another; one child to another. Every individual child is unique and every Individual Education Program (IEP) needs to be unique. Be professional. Be thorough. Make sure the IEP is individualized for each child and that it is a professional document which reads well and is error free.

The principal needs to understand every major component of the Individualized Education Program (IEP). The principal can’t lead what is not understood.

• What is a quality Present Levels of Academic Achievement and Functional Performance (PLAAFP)?

  • What goes into it?

  • What are the legal requirements?

• How do you write a quality, standards based IEP goal?

  • What is the difference between an annual goal and short-term objectives?

  • Are you legally required to have short-term objectives?

  • How do you measure goals?

  • How do you collect the data?

  • How often do you report on the goals?

These are all things the principal has to know. These are things we will learn in this training.

Taking this course is important on a couple of levels:

• The moral imperative

  • We’re helping all humans have equal access to quality education regardless of disabilities

• Professional protection

  • Taking this course will help protect you, and your school, from issues which could include legal issues

• Professional growth

  • Special education is an era with tremendous potential for people to grow professionally. The more you learn about special education, the more it will help your career.

The principal needs to understand state requirements for testing students with disabilities. The principal needs to know all of the requirements for students with disabilities and the accommodations that can be made.

We are all responsible for creating positive change in our world: teachers, school administrators, principals, parents, and all other individuals. In the formal administrative structure of academia, the principal is the individual who has to lead the change to create great educational programming. The principal is the chief engineer of the education of all students at their school. The principal works for the children and their families. The principal is there as the chief advocate for all of the children at their school. At the end of the day, the principal has a moral obligation to ensure that a top-quality educational program is offered to all students.

This is the opening to this course. As we go through the course, you will learn the practical everyday application of special education policies and practices to ensure that all schools have educationally and legally sound special education programs.

The Individuals with Disabilities Act (IDEA) is the central law that governs all of special education. There are four major parts to IDEA - though K - 12 educators and administrators only need to primarily focus upon Part A & Part B:

• Individuals with Disabilities Education Act (IDEA)

  • 4 parts

    1. Part A

    2. Part B - the part most applicable to schools

       • Free and Appropriate Public Education (FAPE)

         • What is appropriate?

       • Least Restrictive Environment (LRE)

         • Different for every child

         • Where the child can be the most successful

       • Individualized Education Program (IEP)

         • Present Levels of Academic Achievement & Functional Performance (PLAAFP) must align with IEP goals

    3. Part C

    4. Part D

All individuals should be equal. There should be equality of access for all individuals. It is good to have awareness of our journey towards equality. Our history of civil rights includes:

• Plessy v. Ferguson, 1896

  • The U.S. Supreme Court upheld the constitutionality of racial segregation laws for public facilities as long as the segregated facilities were equal in quality – a doctrine that came to be known as "separate but equal". This legitimized the many state laws re-establishing racial segregation in the American South.

• Brown v. Board of Education of Topeka, 1954

  • The U.S. Supreme Court declared state laws establishing separate public schools for black and white students to be unconstitutional. The decision effectively overturned the Plessy v. Ferguson decision of 1896 which allowed state-sponsored segregation, insofar as it applied to public education. The decision stated that "separate educational facilities are inherently unequal."

• Civil Rights Act of 1964

  • Discrimination based on race, color, religion, sex, or national origin is made illegal. It prohibits unequal application of voter registration requirements, racial segregation in schools, employment, and public accommodations.

• PARC v Pennsylvania, 1971

  • Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania. The U.S. District Court Judge Masterson ruled that no child, regardless of their disability, could be turned down by the Commonwealth to the access of free public trainings and educational programs. The quality of the education and training given to the children with disabilities had to match that of the education and training given to general students.

• Mills v. Board of Education of District of Columbia, 1971

  • The United States District Court for the District of Columbia ruled that students with disabilities must be given a public education even if the students are unable to pay for the cost of the education. The case established that "all children are entitled to free public education and training appropriate to their learning capacities."

• Rehabilitation Act of 1973 (includes section 504)

  • This law has several sections including section 504. The intent of the law is to help individuals with disabilities. This is a pure civil rights law and is actually overseen by the US Department of Education, Office of Civil Rights.

• Education for All Handicapped Children Act, 1975

  • Also known as

    • Public Law 94-142

    • Individuals with Disabilities Education Act (IDEA)

  • Enacted by the United States Congress in 1975, all public schools accepting federal funds are required to provide equal access to education and one free meal a day for children with physical and mental disabilities. Public schools were required to

    • evaluate children with disabilities and

    • create an educational plan with parent input that would emulate as closely as possible the educational experience of non-disabled students.

    • provide administrative procedures so that parents of disabled children could dispute decisions made about their children’s education.

    • disabled students should be placed in the least restrictive environment - one that allows the maximum possible opportunity to interact with non-impaired students.

      • Separate schooling may only occur when the nature or severity of the disability is such that instructional goals cannot be achieved in the regular classroom.

    • a due process clause that guarantees an impartial hearing to resolve conflicts between the parents of disabled children to the school system.

  • The law was passed to meet four huge goals:

    • To ensure that special education services are available to children who need them

    • To guarantee that decisions about services to students with disabilities are fair and appropriate

    • To establish specific management and auditing requirements for special education

    • To provide federal funds to help the states educate students with disabilities

  • EHA was revised and renamed as Individuals with Disabilities Education Act (IDEA) in 1990 for improvement of special education and inclusive education.

Top-Level summary:

• Plessy v. Ferguson, 1896

  • "separate but equal"

• Brown v. Board of Education of Topeka, 1954

  • "separate educational facilities are inherently unequal"

• Civil Rights Act of 1964

  • Discrimination on race, color, religion, sex, or national origin is illegal

• PARC v Pennsylvania, 1971

  • Education has to be equal for all children

• Mills v. Board of Education of District of Columbia, 1971

  • all children are entitled to free and appropriate public education

• Rehabilitation Act of 1973 (includes section 504)

  • prohibits discrimination on the basis of disability

• Education for All Handicapped Children Act, 1975

  • Also known as

    • Public Law 94-142

    • Individuals with Disabilities Education Act (IDEA)

The Individuals with Disabilities Act (IDEA) is the central law that governs all of special education.

• IDEA is also sometimes referred to by:

  • PL 94142

    • Public Law 94142

    • The original public law when passed by congress

  • 20 USC 1400

    • US Code

    • The statute

  • 34 CFR 300.324

    • Federal regulations

  • TAC 29.005

    • States have regulations also

    • The above “TAC 29.005” is an example of regulations in Texas

• Individuals with Disabilities Education Act (IDEA)

  • 4 parts

    • Part A

    • Part B - the part most applicable to schools

      • Free and Appropriate Public Education (FAPE)

      • Least Restrictive Environment (LRE)

      • Individualized Education Program (IEP)

        • Present Levels of Academic Achievement & Functional Performance (PLAAFP) must align with IEP goals

    • Part C

    • Part D

  • 6 major principles

    • Appropriate Evaluation

    • Fair and Appropriate Public Education (FAPE)

    • Least Restrictive Environment (LRE)

    • Individualized Education Program (IEP)

    • Parent Participation

    • Procedural Safeguards

The 6 fundamental principles of IDEA:

1. Appropriate Evaluation

2. Fair and Appropriate Public Education (FAPE)

3. Least Restrictive Environment (LRE)

4. Individualized Education Program (IEP)

5. Parent Participation

6. Procedural Safeguards

1. Appropriate Evaluation

   1. Multiple points of data

   2. Psychometrically sound instruments

   3. Reliable and valid tools must be used for eligibility

   4. A district must evaluate every child suspected of having a disability

   5. Functional and adaptive behavior must be considered when determining eligibility

   6. Parents must be provided with prior written notice and give permission for testing

   7. Must have process for screening pre-school children for disabilities

   8. Reasonable time frame to evaluate a child

   9. All kids tested in native language

If a parent lodges a complaint against a school, it will often be a FAPE complaint - the school is doing something which inhibits a “fair” and “appropriate” public education. It is imperative to understand FAPE. Closely related to FAPE is Least Restrictive Environment (LRE), detailed below.

1. Fair and Appropriate Public Education (FAPE)

   1. Every child has the right to a free and appropriate public education

   2. FAPE is on of the most important elements in special education.

      1. What is appropriate to each individual student?

   3. What FAPE Requires a School to Do

      1. Provide special education to meet the unique needs of your child. This means specially designed instruction. For example, a child with reading issues might be taught with a multisensory reading program.

      2. Provide related services to help your child benefit from special education. Related services may include things like speech therapy, counseling or even transportation.

      3. Provide these services at no charge.

      4. Provide accommodations and modifications that help your child learn and participate in the general education curriculum. Some examples of accommodations include audiobooks, extra time on tests and preferential seating. See a list of common accommodations and modifications.

      5. Create an Individualized Education Program (IEP) for your child. This is a written plan for your child’s special education experience at school. By law, an IEP must include things like services, progress monitoring, annual goals and more.

      6. Teach your child in the least restrictive environment (LRE). As much as possible, your child should be learning alongside students who don’t receive special education. Placement in a separate class is only allowed if it’s necessary to meet your child’s needs.

   4. Two important court cases:

      1. Rowley 1982

         1. FAPE is on of the most important elements in special education. What is appropriate to one person is not to another. Do schools have to maximize services? In the Rowley case of 1982, the court said ‘merely more than de minimis’ services are appropriate. “You don’t need the Cadillac if the chevy will do”

      2. Endrew F. 2017

Clarified the substantive standard for determining whether a child’s IEP – the centerpiece of each child’s entitlement to FAPE under the IDEA – is sufficient to confer educational benefit on a child with a disability. The Court held that to meet its substantive obligation under the IDEA, a school must offer an IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances. In clarifying the standard, the Court rejected the “merely more than de minimis” (i.e. more than trivial) standard applied by the Tenth Circuit. In determining the scope of FAPE, the Court reinforced the requirement that “every child should have the chance to meet challenging objectives.”

1. Individualized Education Program (IEP)

   1. The program to achieve the child’s educational goals

   2. The Individualized education program needs to be individualized for each child

      1. The program should not be copy/pasted from child to child

      2. Every program must be uniquely created for every individual child

   3. The program specifies actions and steps through which educational providers, parents, and the student may reach the child's defined educational goals.

The IEP is the “meat and potatoes” of the whole educational enterprise for special education. This one document is the single most important development for our children in the history of education. This document provides the who, what, when, where, and why of the program for a child. The IEP has two general purposes:

• to establish measurable annual goals for the child; and

• to state the special education and related services, and supplementary aids and services, that the public agency will provide.

When constructing an appropriate educational program for a child with a disability, the IEP team broadly considers the child’s involvement and participation in three main areas of school life:

• the general education curriculum

• extracurricular activities

• non-academic activities

1. Parent Participation

   1. Parents must be included in the educational process

Parent participation in the decision-making process (child when appropriate) is generally an area where school districts have room for significant growth. Parents should be equal partners in the development of an IEP. As principal, you need to take every opportunity to engage the parents in the process. Let everyone know, including the parents, that the parents are included in the process and that their opinions matter and carry significant weight.

1. Procedural Safeguards

   1. Parents have the right to challenge the educational services being provided to their child

Procedural Safeguards is where all of the due process protections and timelines can be found. It is also where the process for resolving a dispute or issuing a complaint can be found. Parents have extensive ‘redress of grievance’ in special education. Parents have a lot of options and tools for leveraging a complaint. The general legal trend has been away from nitpicky procedural violations, to placing an emphasis on more substantive denials and errors.

We’ve learned about

• Individuals with Disabilities Education Act (IDEA)

  • 4 parts

    1. Part A

    2. Part B - the part most applicable to schools

       • Free and Appropriate Public Education (FAPE)

       • Least Restrictive Environment (LRE)

       • Individualized Education Program (IEP)

         • Present Levels of Academic Achievement & Functional Performance (PLAAFP) must align with IEP goals

    3. Part C

    4. Part D

  • 6 major principles

    1. Appropriate Evaluation

    2. Fair and Appropriate Public Education (FAPE)

    3. Least Restrictive Environment (LRE)

    4. Individualized Education Program (IEP)

    5. Parent Participation

    6. Procedural Safeguards

  • 2 safeguards

    1. Substantive safeguards

       • Protection of rights

    2. Procedural safeguards

       • Procedures that must be followed

The Individuals with Disabilities Act (IDEA) is the central law that governs all of special education. There are four major parts to IDEA, though K - 12 educators and administrators primarily need to only focus upon Part A & Part B:

• Part A

  • Part A of IDEA lays out the basic foundation for the rest of the Act. This section defines the terms used within the Act as well as providing for the creation of the Office of Special Education Programs, which is responsible for administering and carrying out the terms of IDEA (IDEA, 1997).

• Part B

  • Part B of IDEA is the section which lays out the educational guidelines for school children 3-21 years of age. By law, states are required to educate students with disabilities (Martin, Martin, & Terman, 1996). IDEA provides financial support for state and local school districts. However to receive funding, school districts must comply with six main principles set out by IDEA:

    • Every child is entitled to a free and appropriate public education (FAPE).

    • When a school professional believes that a student between the ages of 3 and 21 may have a disability that has substantial impact on the student's learning or behavior, the student is entitled to an evaluation in all areas related to the suspected disability.

    • Creation of an Individualized Education Program (IEP). The purpose of the IEP is to lay out a series of specific actions and steps through which educational providers, parents and the student themselves may reach the child's stated goals.

    • That the education and services for children with disabilities must be provided in the Least Restrictive Environment (LRE), and if possible, those children be placed in a "typical" education setting with non-disabled students.

    • Input of the child and their parents must be taken into account in the education process.

    • When a parent feels that an IEP is inappropriate for their child, or that their child is not receiving needed services, they have the right under IDEA to challenge their child's treatment (due process). (DREDF, 2008; Kastiyannis, Yell, Bradley, 2001; Turnbull, Huerta, & Stowe, 2004).

• Part C

  • Part C of IDEA recognizes the need for identifying and reaching very young children with disabilities. This portion of IDEA provides guidelines concerning the funding and services to be provides to children from birth through 2 years of age. Families are entitled to several services through part C of IDEA (IDEA, 1997).

    • Every family is entitled to appropriate, timely, and multidisciplinary identification and intervention services for their very young child. These services must be made available to all families with infants and toddlers.

    • Families are required to receive an Individualized Family Service Plan (IFSP). This plan lays out the priorities, resources and concerns of the family. In addition it describes the goals of the child, the services to be provided to the child, and steps for eventual transitioning of the child into formal education.

    • Families have a right to participate in the creation of the IFSP, and must give consent prior to the initiation of intervention services.

    • Lastly, parents are entitled to timely resolution of all conflicts or complaints regarding the evaluation or services provided to their child.

• Part D

  • The final section of IDEA, part D, describes national activities to be undertaken to improve the education of children with disabilities. These activities include grants to improve the education and transitional services provided to students with disabilities. In addition this section provides resources to support programs, projects and activities which contribute positive results for children with disabilities (IDEA, 1997).

  • In 2010 the U.S. Department of Education published a report acknowledging the 35th anniversary of IDEA. The report highlighted many of the achievements gained as a result of this legislation including the increase in college enrollment and decrease in high school dropouts.

The 6 fundamental principles of IDEA:

1. Appropriate Evaluation

   1. Reasonable time frame to evaluate a child

   2. Multiple points of data with psychometrically sound instruments

2. Fair and Appropriate Public Education (FAPE)

   1. Every child has the right to a free and appropriate public education

3. Least Restrictive Environment (LRE)

   1. Children should be placed in a "typical" education setting with non-disabled students.

   2. This can be subjective and is open to interpretation.

   3. Children should be placed in the environment where they can be most successful.

4. Individualized Education Program (IEP)

   1. The program to achieve the child’s educational goals

   2. The Individualized education program needs to be individualized for each child

      1. The program should not be copy/pasted from child to child

      2. Every program must be uniquely created for the needs of every individual child

   3. The program specifies actions and steps through which educational providers, parents and the student may reach the child's defined educational goals.

5. Parent Participation

   1. Parents must be included in the educational process

6. Procedural Safeguards

   1. Parents have the right to challenge the educational services being provided to their child

Every child is entitled to a free and appropriate public education (FAPE). What you really need to know is that any time an Individualized Education Program (IEP) is contested, the argument that the parent will most often make is that the IEP is a denial of free and appropriate public education (FAPE). The challenge will be that the IEP is not appropriate.

• Provide special education to meet the unique needs of your child. This means specially designed instruction for each individual child. For example, a child with reading issues might be taught with a multisensory reading program.

• Provide related services to help your child benefit from special education. Related services may include things like speech therapy, counseling or even transportation.

• Provide these services at no charge.

• Provide accommodations and modifications that help your child learn and participate in the general education curriculum. Some examples of accommodations include audiobooks, extra time on tests and preferential seating. See a list of common accommodations and modifications.

• Create an Individualized Education Program (IEP) for your child. This is a written program for your child’s special education experience at school. By law, an IEP must include things like services, progress monitoring, annual goals and more. See a visual breakdown of an IEP.

  • The program must be individualized for each child

  • The Present Levels of Academic Achievement and Functional Performance (PLAAFP) must align with goals

  • Goals must be measurable

• Teach your child in the least restrictive environment (LRE). As much as possible, your child should be learning alongside students who don’t receive special education. Placement in a separate class is only allowed if it’s necessary to meet your child’s needs.

  • The environment must be appropriately challenging.

We’ve learned about

• Individuals with Disabilities Education Act (IDEA)

  • 4 parts

    1. Part A

    2. Part B - the part most applicable to schools

       • Free and Appropriate Public Education (FAPE)

       • Least Restrictive Environment (LRE)

       • Individualized Education Program (IEP)

         • Present Levels of Academic Achievement & Functional Performance (PLAAFP) must align with IEP goals

    3. Part C

    4. Part D

  • 6 major principles

    1. Appropriate Evaluation

    2. Fair and Appropriate Public Education (FAPE)

    3. Least Restrictive Environment (LRE)

    4. Individualized Education Program (IEP)

    5. Parent Participation

    6. Procedural Safeguards

  • 2 safeguards

    1. Substantive safeguards

       • Protection of rights

    2. Procedural safeguards

       • Procedures that must be followed

In 1982 there was a court case: Board of Education of the Hendrick Hudson Central School District v. Rowley.

• The case concerned the interpretation of the Education of All Handicapped Children Act of 1975.

• Amy Rowley was a deaf student whose school refused to provide a sign language interpreter. Her parents filed suit contending violation of the Education of All Handicapped Children Act of 1975

• In a 6-3 decision authored by Justice Rehnquist, the Court held that public schools are not required by law to provide sign language interpreters to deaf students who are otherwise receiving an equal and adequate education.

• “Noticeably absent from the language of the statute,” Justice Rehnquist continued, “is any substantive standard prescribing the level of education to be accorded handicapped children.” Nor did the legislative history of the EHA indicate that Congress intended the special instruction and supportive services provided under the law to enable each disabled child to reach his full potential. Rather, “the intent of the Act was more to open the door of public education to handicapped children on appropriate terms than to guarantee any particular level of education once inside.”

  • No guarantee of any particular level of education …

FAPE is on of the most important elements in special education. What is appropriate to one person is not to another. Do schools have to maximize services? IN the Rowley case of 1982, the court said “merely more than de minimis” services are appropriate. “You don’t need the Cadillac if the chevy will do”

The situation:

• Endrew was in a public school

  • He was not making progress

• His parents put Endrew in a private school

  • Endrew made progress

• The public school had to pay for Endrew’s private schooling

Endrew F. v. Douglas County School Dist. (2017) was a case in which the United States Supreme Court held that, under the Individuals with Disabilities Education Act ("IDEA"), schools must provide students an education that is "reasonablycalculated to enable a child to make progress appropriate in light of the child’s circumstances." In a unanimous opinion written by Chief Justice John Roberts, the Court vacated the judgment of the United States Court of Appeals for the Tenth Circuit and held that the proper standard under the IDEA "is markedly more demanding than the 'merely more than de minimis' test applied by the Tenth Circuit."

In the U.S. the Individuals with Disabilities Education Act (IDEA) is a special education law that mandates regulation for students with disabilities in order to protect their rights as students and the rights of their parents. Under this act it is required that all students receive a Free and Appropriate Public Education (FAPE), and includes that these students should be educated in the least restrictive environment (LRE). The least restrictive environment clause states that

• students with disabilities should be educated with students without disabilities to the maximum appropriate extent.

• If a student should require supplementary aids and services necessary (such as an interpreter, resource room or itinerant teacher) to achieve educational goals while being placed in a classroom with students without disabilities, they should be provided as needed.

Should the nature or severity of their disability prevent the student from achieving these goals in a regular education setting, the student would be withdrawn from the regular education setting and be placed in an alternate environment that is more suitable for the student.

Schools and public agencies are required to have a continuum of alternative placements for students with disabilities.

• These alternate placements include but are not limited to special classes, hospital and institutions, and home school. This is to ensure that schools are capable of meeting the needs of all students with disabilities. This continuum of placements is not always full inclusion or complete separate schooling, but can be a mix of both regular education classes and other alternate placements.

To determine what an appropriate setting is for a student, an Individualized Education Program (IEP) team will review the student’s strengths, weaknesses, and needs, and consider the educational benefits from placement in any particular educational setting. By law the team is required to include the student's parent or guardian, a general education teacher, a special education teacher, a representative of the local education agency, someone to interpret evaluation results and if appropriate the student. It is the IEP team's responsibility to determine what environment is the LRE for any given student with disabilities, which varies between every student.

Understanding the law, and how the law has been interpreted helps us more effectively make real-world decisions. Understanding how the courts have interpreted IDEA helps you more effectively implement policy. We will look more closely at the law and how courts have interpreted the law soon. First, however, I want to share with you a real world example of least restrive environment:

• A student who was three years behind their peers in their reading abilities.

It is okay for parents to exercise their rights to due process. In all situations, assist students and parents in finding their best educational solution. Even support them as they exercise their rights to due process. Try to find a solution for their situation. Help them. The more you help, the more you find a great educational solutions for your students, the happier you will keep their parents.

Here is another real world example: a young lady with severe anxiety. This child had an average IQ. Through the IEP process, the committee decided the best placement for the child was skills. Dr. Hulett was concerned that the child was in the skills class, as opposed to being with her peers, as she had an average IQ. What is brought to you, at times, are very hard decisions. You must sometimes weigh what is more important: academics or socialization? There aren’t always clear answers. You must find what you feel is the best solution while also ensuring a free and appropriate public education (FAPE) and the least restrictive environment (LRE). Here are guiding principles Dr. Hulett uses:

• Do right by children

• Be individualized

• Focus on the child’s needs

• Listen to their parents

• Work as a team

• Be open to creative solutions

If you understand the basics of the law, if you follow the basic procedures, if you try to keep them with their regular education peers as much as possible and you only remove them when warranted by the severity of their disability, you will comply with the least restrictive environment of the IDEA.

What the law has demonstrated is that,

• “The law shows, and the courts have shown, a clear preference for children to be included as much as possible with their regular education peers in a regular education setting as is appropriate based upon the severity of their disability.”

Adding to what we’ve already learned:

• Individuals with Disabilities Education Act (IDEA)

  • 4 parts

    1. Part A

    2. Part B - the part most applicable to schools

       • Free and Appropriate Public Education (FAPE)

         • 2 important court cases

           • low bar - Rowley 1982

             • merely more than de minimis

           • higher bar - Endrew F. 2017

             • enable a child to make progress

       • Least Restrictive Environment (LRE)

         • 2 important court cases

           • Oberti 1993

             • regular classroom

             • to the maximum extent appropriate

           • Rachel H 1994

             • educational benefits of regular classrooms

             • non-academic benefits of such placements

             • effect of students with disabilities on others

             • cost of inclusionary placements

       • Individualized Education Program (IEP)

         • Present Levels of Academic Achievement & Functional Performance (PLAAFP) must align with IEP goals

    3. Part C

    4. Part D

  • 6 major principles

    1. Appropriate Evaluation

    2. Fair and Appropriate Public Education (FAPE)

    3. Least Restrictive Environment (LRE)

    4. Individualized Education Program (IEP)

    5. Parent Participation

    6. Procedural Safeguards

  • 2 safeguards

    1. Substantive safeguards

       • Protection of rights

    2. Procedural safeguards

       • Procedures that must be followed

You need to make sure you have evidence for moving a child out of a regular classroom environment. Rafel fit several criteria which justified moving him out of a regular classroom:

• • Significantly cognitively impaired

    1. Had a hard time keeping up with the academics

  • Socially challenged

  • Other children had their education comprised

  • Safety issues

Rachel H. was a young girl with an intellectual disability. This is a landmark victory regarding the right of students with disabilities to be educated alongside their nondisabled peers. From this court case emerged a four factor test in making placements:

• the educational benefits of placing children with disabilities in regular classrooms

• the non-academic benefits of such placements

• the effect that the presence of students with disabilities would have on teachers and other children in classes

• the cost of inclusionary placements

TAKE AWAY: As much as appropriate, districts and schools must make significant efforts to place children with disabilities with their own age peers in regular classrooms using supplementary aids and services.

Adding to what we’ve already learned:

• Individuals with Disabilities Education Act (IDEA)

  • 4 parts

    1. Part A

    2. Part B - the part most applicable to schools

       • Free and Appropriate Public Education (FAPE)

         • 2 important court cases

           • low bar - Rowley 1982

             • merely more than de minimis

           • higher bar - Endrew F. 2017

             • enable a child to make progress

       • Least Restrictive Environment (LRE)

         • 2 important court cases

           • Oberti 1993

             • regular classroom

             • to the maximum extent appropriate

           • Rachel H 1994

             • educational benefits of regular classrooms

             • non-academic benefits of such placements

             • effect of students with disabilities on others

             • cost of inclusionary placements

       • Individualized Education Program (IEP)

         • Present Levels of Academic Achievement & Functional Performance (PLAAFP) must align with IEP goals

    3. Part C

    4. Part D

  • 6 major principles

    1. Appropriate Evaluation

    2. Fair and Appropriate Public Education (FAPE)

    3. Least Restrictive Environment (LRE)

    4. Individualized Education Program (IEP)

    5. Parent Participation

    6. Procedural Safeguards

  • 2 safeguards

    1. Substantive safeguards

       • Protection of rights

    2. Procedural safeguards

       • Procedures that must be followed

To successfully implement an IEP, there are four areas which need to be known well. In this course, we will cover the four areas essential to successfully implementing an IEP:

• General Components – What an IEP Contains

• Procedural Requirements and Timelines (Big Picture)

• Key elements and what you need to know

Navigating and Leading IEP Meetings – The Art and Science

The Individuals with Disabilities Education Improvement Act of 2004 (IDEA) requires public schools to develop an Individualized Education Program (IEP) for every student with a disability who is found to meet the federal and state requirements for special education. The IEP must be designed to provide the child with a Free Appropriate Public Education (FAPE). The IEP refers both to the educational program to be provided to a child with a disability and to the written document that describes that educational program. The IDEA requires that an IEP be written according to the needs of each student who is eligible under the IDEA; an IEP must also meet state regulations. The following must be included:

• Present levels

  • student's present levels of academic and functional performance

• Annual goals

  • measurable annual goals, including academic and functional goals

  • short-term goals not required, though can be helpful

• Measuring and reporting progress

  • how the student's progress is to be measured and reported to the parents

• Special education

  • special-education provided to the student

• Related services

  • related services provided to the student

• Supplementary aids and services

  • supplementary aids provided to the student

• Program modifications for school personnel

• Extent of Nonparticipation

  • Least Restrictive Environment data including calculations of the time spent each day by the student in general-education as opposed to the amount of time spent in special-education

  • Explanation of time child not participating with non-disabled children

• Accommodations in assessment

• Service delivery

  • Schedule of services to be provided, including when the services are to begin, the frequency, duration and location for the provision of services

• Age of majority

  • the age when a person is legally considered an adult

  • educational rights the parent’s have had may be transferred to the individual

• Post-secondary plan

  • when the student is sixteen years of age, a statement of post-secondary goals and a plan for providing what the student needs to make a successful transition

• Student attendance at meetings

  • student should attend when appropriate.

  • Age fourteen and older, student should be invited to be a part of the IEP team.

An IEP must also include other pertinent information found necessary by the team, such as a health plan or a behavior plan for some students. The Present Level of Academic Achievement and Functional Performance (PLAAFP) determines what goals need to be set and what services need to be provided.

Measurable annual goals must be included in every individualized education program.

• The Individuals with disabilities education act (IDEA) 2004 requires that all students who receive special education services must have measurable annual goal(s) included in their individualized education programs (IEPs).

These goals may include either or both:

• Academic goals (standards-based)

  • Academic Achievement describes how the student is progressing with core curriculum and learning standards.

• Functional goals (non-standards-based)

  • Functional Performance describes an individual’s ability to function in the world: the ability of a student to apply academic skills in a variety of ways or settings; skills needed to live in society such as personal hygiene, mobility around community, communication; the child’s participation in appropriate activities.

“A clearly written and thorough PLAAFP is important because it is the foundation for everything in a child’s IEP that follows it. IEP goals are based upon a child’s present levels. Special education and related services are based on it, too. So take time in writing the PLAAFP, or present levels statement. Be thorough. The information you include will be the stepping stone for the rest of the IEP.”

Every Individualized Education Program (IEP) must be individualized for each student. Dr. Hulett has observed a concerning trend towards the generalization of IEPs. The ruling in Endrew F. 2017 reminds us that

• The importance of individualization

• Having rigorous goals

• Being able to measure these goals

The purpose of the Present Level of Academic Achievement and Functional Performance (PLAAFP) is to identify the kinds and amount of special education services a child needs. The PLAAFP determines the goals. The Goals are realized through educational services.

The PLAAFP should provide great insight and understanding into the child. The PLAAFP should capture positive aspects of the child, and aspects of the child that need development.

• Individuals with Disabilities Education Act (IDEA)

  • 4 parts

    1. Part A

    2. Part B - the part most applicable to schools

       • Free and Appropriate Public Education (FAPE)

         • 2 important court cases

           • low bar - Rowley 1982

             • merely more than de minimis

           • higher bar - Endrew F. 2017

             • enable a child to make progress

       • Least Restrictive Environment (LRE)

         • 2 important court cases

           • Oberti 1993

             • regular classroom

             • to the maximum extent appropriate

           • Rachel H 1994

             • educational benefits of regular classrooms

             • non-academic benefits of such placements

             • effect of students with disabilities on others

             • cost of inclusionary placements

       • Individualized Education Program (IEP)

         • Present Levels of Academic Achievement & Functional Performance (PLAAFP) must align with IEP goals

    3. Part C

    4. Part D

  • 6 major principles

    1. Appropriate Evaluation

    2. Fair and Appropriate Public Education (FAPE)

    3. Least Restrictive Environment (LRE)

    4. Individualized Education Program (IEP)

    5. Parent Participation

    6. Procedural Safeguards

  • 2 safeguards

    1. Substantive safeguards

       • Protection of rights

    2. Procedural safeguards

       • Procedures that must be followed

The following must be included in an IEP:

• Present levels

  • student's present levels of academic and functional performance

• Annual goals

  • measurable annual goals, including academic and functional goals

  • short-term goals not required, though can be helpful

• Measuring and reporting progress

  • how the student's progress is to be measured and reported to the parents

• Special education

  • special-education provided to the student

• Related services

  • related services provided to the student

• Supplementary aids and services

  • supplementary aids provided to the student

• Program modifications for school personnel

• Extent of Nonparticipation

  • Least Restrictive Environment data including calculations of the time spent each day by the student in general-education as opposed to the amount of time spent in special-education

  • Explanation of time child not participating with non-disabled children

• Accommodations in assessment

• Service delivery

  • Schedule of services to be provided, including when the services are to begin, the frequency, duration and location for the provision of services

• Age of majority

  • the age when a person is legally considered an adult

  • educational rights the parent’s have had may be transferred to the individual

• Post-secondary plan

  • when the student is sixteen years of age, a statement of post-secondary goals and a plan for providing what the student needs to make a successful transition

• Student attendance at meetings

  • student should attend when appropriate.

  • Age fourteen and older, student should be invited to be a part of the IEP team.

The following must be included in an IEP:

• Present levels

  • student's present levels of academic and functional performance

• Annual goals

  • measurable annual goals, including academic and functional goals

  • short-term goals not required, though can be helpful

• Measuring and reporting progress

  • how the student's progress is to be measured and reported to the parents

• Special education

  • special-education provided to the student

• Related services

  • related services provided to the student

• Supplementary aids and services

  • supplementary aids provided to the student

• Program modifications and supports

  • for school personnel

• Extent of Nonparticipation

  • Least Restrictive Environment data including calculations of the time spent each day by the student in general-education as opposed to the amount of time spent in special-education

  • Explanation of time child not participating with non-disabled children

• Accommodations in assessment

• Service delivery

  • Schedule of services to be provided, including when the services are to begin, the frequency, duration and location for the provision of services

• Age of majority

  • the age when a person is legally considered an adult

  • educational rights the parent’s have had may be transferred to the individual

• Post-secondary plan

  • when the student is sixteen years of age, a statement of post-secondary goals and a plan for providing what the student needs to make a successful transition

• Student attendance at meetings

  • student should attend when appropriate.

  • Age fourteen and older, student should be invited to be a part of the IEP team.

The following must be included in an IEP:

• Present levels

  • student's present levels of academic and functional performance

• Annual goals

  • measurable annual goals, including academic and functional goals

  • short-term goals not required, though can be helpful

• Measuring and reporting progress

  • how the student's progress is to be measured and reported to the parents

• Special education

  • special-education provided to the student

• Related services

  • related services provided to the student

• Supplementary aids and services

  • supplementary aids provided to the student

• Program modifications and supports

  • for school personnel

• Extent of Nonparticipation

  • Least Restrictive Environment data including calculations of the time spent each day by the student in general-education as opposed to the amount of time spent in special-education

  • Explanation of time child not participating with non-disabled children

• Accommodations in assessment

• Service delivery

  • Schedule of services to be provided, including when the services are to begin, the frequency, duration and location for the provision of services

• Transition planning

  • when the student is sixteen years of age, a statement of post-secondary goals and a plan for providing what the student needs to make a successful transition

• Age of majority

  • the age when a person is legally considered an adult

  • educational rights the parent’s have had may be transferred to the individual

• Student attendance at meetings

  • student should attend when appropriate.

  • Age fourteen and older, student should be invited to be a part of the IEP team.

We’ve talked about the PLAAFP and the required components of an IEP. Now we’re going to talk about goals. Remember the relationship between PLAAFP, goals, and services which are all captured in the IEP:

Goals are the most important thing you can do for a child. You need to set goals that are relevant for the student and that challenge the student. Goals need to be

• Measurable

• Focused

• Standards-based

• Relevant

• High-quality

Once goals are set, the principal is responsible for ensuring the program is implemented correctly and with fidelity.

• General Components – What an IEP Contains

• Procedural Requirements and Timelines (Big Picture)

• Navigating and Leading IEP Meetings – The Art and Science

• PLAAFP

  • The PLAAFP should provide a clear view and understanding of the child

  • The PLAAFP provides a current ‘present level’ of performance

    • Academically

    • Functionally

  • The PLAAFP thoroughly explains the impact of the disability

• Annual Goals

  • Linked to PLAAFP weaknesses

    • direct correlation is observable between weakness in PLAAFP and Goals

• • short-term objectives and goals are recommended but not required

• Accommodations and Modifications

  • What supports and adjustments does the kiddo need in her classes?

    • Reading a test to the child?

    • Extended time?

    • State Testing?

  • Documentation is critical

  • List other related services

    • Examples:

      • Occupation therapy

      • Physical therapy

      • Counseling

• Student Progress

  • Goals have to be reasonably calculated to confer educational benefit

  • Goals have to be reasonably rigorous

  • the better the goal, the easier it is to track

• Data Collection

  • Make sure there’s a legitimate process for how you’re going to collect the data

  • Make sure the methodology is in the IEP

    • evidence and work samples

    • be specific

• Placement and services

  • Where is the student going to be placed at different times during the day?

    • Regular classroom

    • Regular classroom with support

    • Regular classroom with consultation

    • Resource

    • Skills class

    • Separate campus

  • All of this needs to be captured in the IEP

• Functional Behavior Assessment (FBA)

  • Required when a child has a significant behavioral issue

  • This breaks down the child’s behaviors

    • Antecedent

    • Behavior

    • Consequence

• Behavior Intervention Plan (BIP)

  • The plan created to improve behavior

• English as a second language (ESL)

• Deaf/Blind Services

• Other Health Concerns/Needs

• Transition

  • A plan for the child to be successful when they leave high school

  • Recommend at age 14

  • Required at age 16

• Assistive Technology

• Extended School Year

  • When there is a risk that the child will regress significantly over summer break, extended school year is considered

• Adaptive Physical Education

• Vocational Program

• Legal contract between district and family

A clearly written and thorough PLAAFP is important because it is the foundation for everything in a child’s IEP that follows it. IEP goals are based upon a child’s present levels. Special education and related services are based on it, too. So take time in writing the PLAAFP, or present levels statement. Be thorough. The information you include will be the stepping stone for the rest of the IEP.

Every Individualized Education Program (IEP) must be individualized for each student. The PLAAFP should provide great insight and understanding into the child. The PLAAFP should capture positive aspects of the child, and aspects of the child that need development. The purpose of the Present Level of Academic Achievement and Functional Performance (PLAAFP) is to identify the kinds and amount of special education services a child needs.

• The importance of individualization

  • Academic

  • Functional

• Having rigorous goals

• Being able to measure these goals

• Includes strengths as well as weakness

• Describes the student’s current performance in relation to grade level content standards using measurable, objective terms

• Describes how the student’s disability impacts the student in general curriculum

• Identifies current area(s) of critical need

• Is based on current, relevant data from a variety of sources

An example of an annual goal: “Timmy is going to read 150 words per minute. As described in the PLAAFP, he’s starting at 50 words per minute with 8 errors. An appropriate short-term benchmark might be that, at the end of 9 weeks, with these services, Timmy will read 75 words per minute with no more than 6 errors.” What you need to know about goals:

• Required

• Aligned to State Standards

• Short-term Benchmarks not required but recommended

  • They used to be

• SMART

  • Specific

  • Measurable

  • Attainable

  • Results-oriented

  • Time-bound

All goals should be measurable. Measurable goals are defined as statements that include:

• Timeframe

  • How much time will it take for the student to achieve the goal?

  • Example: number of weeks or a certain completion date

• Conditions

  • What specific resources are needed for a student to reach the goal?

  • Example: an accommodation or use of an assistive technology device

• Behavior

  • What is the performance or action being monitored?

• Criterion

  • How will the performance or action be measured?

  • How much, how often, or to what standard must the behavior occur in order to demonstrate that the goal has been achieved?

Have your goal focus on the positive; not the negative. If Timmy got in 10 fights last year, do not set a goal for Timmy to only get in 3 fights. An example of a positive behavioral goal: “In 7 out of 10 specific social situations, we want the child to use X strategy.” Focus the child’s mind towards the desired behavior with positive goals which articulate the desired behavior.

All goals should be measurable. Measurable goals are defined as statements that include:

• Timeframe

  • How much time will it take for the student to achieve the goal?

  • Example: number of weeks or a certain completion date

• Conditions

  • What specific resources are needed for a student to reach the goal?

  • Example: an accommodation or use of an assistive technology device

• Behavior

  • What is the performance or action being monitored?

• Criterion

  • How will the performance or action be measured?

  • How much, how often, or to what standard must the behavior occur in order to demonstrate that the goal has been achieved?

We are learning how to create great goals. Great goals will help students.

• Measurable

• Specific

• Four areas

  • Timeframe

  • Conditions

  • Behavior

  • Criterion

• Monitor

• Document

Documentation and accountability are essential to accurate implementation. Using a matrix like this will help - see downloadable image attached to this lecture.

Every school needs to ensure that all children with disabilities receive a free and appropriate public education (FAPE). The principal is responsible for ensuring that every individualized education program (IEP) is a great program with great goals individualized for every child. Some best practices:

• Have teachers share progress reports during 9 week PLC meetings

• ensure progress reports are mailed home

The following are the individuals who may choose to attend an IEP meeting, or are required to attend an IEP meeting:

• General Education Teacher

• Special Education Teacher

• District Rep (often principal)

• Parent or Guardian

• Student, if appropriate, don’t require

  • encourage strongly after 16 for transition planning and ownership

• Someone knowledgeable of child’s test score and other needs related to disability

• Others designated by students family Advocates and attorneys

The person who should run the IEP meeting is the principal at a school. This is the principal’s school. The children at the school are the ultimate responsibility of the principal. There are a lot of specialists who are very educated about special education and other domains of knowledge, but ultimately at the end of the day, the school and the children at the school are the principal’s responsibility. The principal needs to take ownership of the entire IEP process. Too often, principals abdicate this responsibility and leave it to educational experts. Too often the first time a principal sees an IEP is at the IEP meeting. The principal needs to be involved at all phases of an IEP. The principal needs to know their students individually. The principal’s role is a leadership role. The principal needs to lead. It is helpful in this process to have a checklist:

• Review IEP 3-5 days before meeting

  • PLAAFP

    • detailed

    • data driven

    • unique to the child

  • Goals

    • map to the PLAAFP

    • goals should be smart:

      • Specific

      • Measurable

      • Achievable

      • Results Focused

      • Time-Bound

  • Services

    • accommodations & modifications

    • related Services

    • placement

  • Grammar, typos

    • correct name

• Prior to each meeting

  • Give prior written notice of meeting

  • Required Tasks:

    • evaluations Complete

    • consent

    • triennial/3 Year Eval

  • Procedural safeguards

  • Is everything complete and accurate

Our primary goal is to help you learn this material well. To this end, here is a quick review of what we’ve just covered. Reviewing material facilitates learning. In this video we review:

• IEP attendees

• IEP roles and responsibilities

• IEP checklists

• Designate a Chairperson

  • possibilities: diagnostician, special education chair, assistant principal

  • you need someone who is very detailed oriented and organized

  • ensure training for whoever takes on this role

• The chairperson needs to effectively guide the group

  • • be a taskmaster

    • keep everyone on task

    • cover the priorities

  • Set up a “parking lot”

    • an area to “park” ideas

    • chairperson might say, “That is a great idea. Let’s add it to a sticky note, then put it in the parking lot.”

    • ideas in the parking lot can be dealt with later allowing the meeting to stay on task and move forward

• Have a detailed agenda

  • ensures compliance: legal assurances, parental rights, parent input

  • legally and educationally sound

  • there are many sample agendas on the web

Everyone in the meeting should be familiar with the child.

• know the data

• know the child

• Have all grades, work samples, folders, reports

Meeting soft skills

When participating in an IEP meeting, think about your soft skills; your interpersonal skills. Soft skills are important.

• Smile

• Be warm and welcoming

  • Parents

  • Representatives

  • Child

• Be positive

• Be an advocate for the parents and their child

  • Be student focused

  • Be parent focused

• No electronic devices

  • no laptop

  • no phone

• Be engaged

• Be present

  • be tuned in

  • be concerned

  • nod your head

  • practice active listening

  • practice reflective listening

    • Repeat back what you’ve heard the parents and others say

• Validate

  • situation

  • perspectives

  • disagreements

• Pretend it’s your child

  • What would you want?

  • Would you want your child to be thoroughly assessed child?

  • Would you want a PLAAFP that really speaks to who your child is; really digs down deep; identifies where they need help?

  • Would you want goals that have baselines that are measurable and meaningful to your child’s growth?

  • Would you want your goals tracked regularly?

  • What level of quality would you want for your child?

  • What kind of an IEP meeting would feel supportive to you?

Would this be what I want for my kiddo? Would this be enough? That is a very good standard by which to manage this process and to evaluate the content of an IEP.

Our primary goal is to help you learn this material well. To this end, here is a quick review of what we’ve just covered. Reviewing material facilitates learning. In this video we review:

• We have learned a lot about the IEP process

  • The team

  • PLAAFPs

  • Components

  • Goals

  • Monitoring progress

• Make the parents, their representatives, and their child feel comfortable

  • Smile

  • Be warm and welcoming

  • Have good body language

  • Lean forward

  • Engage

  • Listen

  • Nod your head

  • Stay off technology

• Think about it from this perspective

  • What if it was your child?

Leadership guiding principles

I’ve learned a lot from my dog, Layla, who is a labrador. One of the things I have learned is “labrador leadership.” To me this is one of the greatest lessons in all of leadership:

• Be positive

• Be engaging

• Be welcoming

• Be warm and enthusiastic

• Have a smile on your face

• Share an anecdotal story

  • Let the parents know you know their child in a personal way

• Be knowledgeable

  • Review material before the meeting

  • Know specific data points

    • Standardized testing

    • Diagnostic testing

    • Teacher reports

    • Attendance

    • Test scores

    • Incidents

• INCLUDE THE POSITIVE

  • Include positive aspects of the child

• Be empathetic and compassionate

  • Appreciate the parent’s perspective

  • Appreciate that the meeting can be intimidating for the parent

• Ease the pain

  • Help ease the pain of the parents

  • Having a child who is challenged is not easy

  • Help the parents feel comfortable in the IEP process

  • Help the parents help their child

• An IEP requires at least one goal

  • no specific quantity beyond that indicated in IDEA

• goals for related services sometimes required

  • transportation could be a service

    • you don’t need a goal for that

  • child with sign-language interpreter

    • may be appropriate to address in a goal

    • the child receives instruction while receiving the related service (sign-language interpreter)

• peer-reviewed research required

  • programs need to be research based

  • your approaches need to be defendable if challenged

  • there have been cases where lack of peer-reviewed research created violations of free and appropriate public education (FAPE).

  • use accepted best-practices

    • if you’re uncertain as to best-practices, do research or hire a consultant

you need a research based approach to your program

IEP & goals - common questions II

• frequency of progress reports varies

  • IDEA does not specify rigid timelines

  • states and localities are left to provide direction

  • many states require same schedule as report cards

• sports or after-school activities dependent

  • remember “appropriate”

  • dependent on the disability

  • it may be appropriate and important

• name service, not provider

  • not necessary to name provider in the IEP

  • the services do need to be named in the IEP

• extent of non-participation with non-disabled

  • IDEA requires the extent that the child will not participate with don-disabled children

  • documenting exact hours and minutes not required

Introduction

• Individuals with Disabilities Education Act (IDEA)

  • 4 parts

    1. Part A

    2. Part B - the part most applicable to schools

       • Free and Appropriate Public Education (FAPE)

         • 2 important court cases

           • low bar - Rowley 1982

             • merely more than de minimis

           • higher bar - Endrew F. 2017

             • enable a child to make progress

       • Least Restrictive Environment (LRE)

         • 2 important court cases

           • Oberti 1993

             • regular classroom

             • to the maximum extent appropriate

           • Rachel H 1994

             • educational benefits of regular classrooms

             • non-academic benefits of such placements

             • effect of students with disabilities on others

             • cost of inclusionary placements

       • Individualized Education Program (IEP)

         • Present Levels of Academic Achievement & Functional Performance (PLAAFP) must align with IEP goals

    3. Part C

    4. Part D

  • 6 major principles

    1. Appropriate Evaluation

    2. Fair and Appropriate Public Education (FAPE)

    3. Least Restrictive Environment (LRE)

    4. Individualized Education Program (IEP)

    5. Parent Participation

       • part of every component IDEA

         • ensures FAPE (free and appropriate public education)

         • ensures LRE (least restrictive environment)

         • ensures IEP (individual education plan)

       • involving parents in the process is essential

    6. Procedural Safeguards

  • 2 safeguards

    1. Substantive safeguards

       • Protection of rights

    2. Procedural safeguards

       • Procedures that must be followed

The Individuals with Disabilities Act (IDEA) is the central law that governs all of special education.

• IDEA is also sometimes referred to by:

  • PL 94142

    • Public Law 94142

    • the original public law when passed by congress

  • 20 USC 1400

    • US Code

    • the statute

  • 34 CFR 300.322 parent participation

    • Federal regulations

    • “codified federal register”

  • TAC 29.005

    • States have regulations also

    • The above “TAC 29.005” is an example of regulations in Texas

The laws require us to focus upon a few main areas when it comes to parent participation:

• Consent

  • parents have the right to consent to evaluation

  • parents have the right to consent to the IEP

• Right to attend

  • critical element that parents are involved

  • parents have the right to attend IEP meetings

• Prior written notice

  • ensures that parents are invited well in advance

We’ve talked about soft-skills and the importance of parent participation. One thing you want to ensure is that parents are included as full members in the IEP process. Here are some steps to ensure that parents are included as full members:

• send a draft IEP home prior to the meeting

• project the IEP in the meeting

• get input from the parents on the IEP

  • leave major components out so that they can be created with the parents

  • this is supposed to be a collaborative process with the parents

• let parents know they are supported in every process

  • including due process

• provide information on parent’s rights

• make the IEP room warm and welcoming

  • decorate the room

  • be a gracious host

When you’re working with a parent you are dealing with the most important thing in their life: their child. The conversation will include discussing challenges their child is facing, and this is a very sensitive area. When talking with parents:

• Be empathic

• Listen, listen, listen

• Ask questions

  • validate concerns

  • understand parent’s concerns

• Take notes

  • keep your laptop away unless your using it for the meeting

• Communicate often

• Be magnanimous

  • be professional

  • never react in anger

    • imagine your pediatrician yelling at you

  • your job is to be the calming force

  • invest in the child, not the conflict

  • don’t take it personal

  • use data and solid reasoning to explain your perspectives

• Stay focused on principles and data

• Be willing to negotiate

  • there are no absolutes

Introduction

• Individuals with Disabilities Education Act (IDEA)

  • 4 parts

    1. Part A

    2. Part B - the part most applicable to schools

       • Free and Appropriate Public Education (FAPE)

         • 2 important court cases

           • low bar - Rowley 1982

             • merely more than de minimis

           • higher bar - Endrew F. 2017

             • enable a child to make progress

       • Least Restrictive Environment (LRE)

         • 2 important court cases

           • Oberti 1993

             • regular classroom

             • to the maximum extent appropriate

           • Rachel H 1994

             • educational benefits of regular classrooms

             • non-academic benefits of such placements

             • effect of students with disabilities on others

             • cost of inclusionary placements

       • Individualized Education Program (IEP)

         • Present Levels of Academic Achievement & Functional Performance (PLAAFP) must align with IEP goals

    3. Part C

    4. Part D

  • 6 major principles

    1. Appropriate Evaluation

    2. Fair and Appropriate Public Education (FAPE)

    3. Least Restrictive Environment (LRE)

    4. Individualized Education Program (IEP)

    5. Parent Participation

       • part of every component IDEA

         • ensures FAPE (free and appropriate public education)

         • ensures LRE (least restrictive environment)

         • ensures IEP (individual education plan)

       • involving parents in the process is essential

    6. Procedural Safeguards

       • opportunity for parents to review their child's full educational records

       • full parent participation in identification and IEP team meetings

       • parent involvement in placement decisions

         • prior written notice

       • right of parents to request independent educational evaluations at public expense

       • notice to parents of procedural safeguards;

       • resolution Process

         • objective mediation funded by the state education agency

         • impartial Due Process Hearings.

           • “going to court”

  • 2 safeguards

    1. Substantive safeguards

       • Protection of rights

    2. Procedural safeguards

       • Procedures that must be followed

Parents are to have an equal role in the process. The safeguards help ensure this. Parents have the rights to:

• opportunity for parents to review their child's full educational records

• full parent participation in identification and IEP team meetings

• parent involvement in placement decisions

  • prior written notice

• right of parents to request independent educational evaluations at public expense

• notice to parents of procedural safeguards;

• resolution Process

  • objective mediation funded by the state education agency

  • impartial Due Process Hearings.

    1. “going to court”

• Individuals with Disabilities Education Act (IDEA)

  • 4 parts

    1. Part A

    2. Part B - the part most applicable to schools

       • Free and Appropriate Public Education (FAPE)

         • 2 important court cases

           • low bar - Rowley 1982

             • merely more than de minimis

           • higher bar - Endrew F. 2017

             • enable a child to make progress

       • Least Restrictive Environment (LRE)

         • 2 important court cases

           • Oberti 1993

             • regular classroom

             • to the maximum extent appropriate

           • Rachel H 1994

             • educational benefits of regular classrooms

             • non-academic benefits of such placements

             • effect of students with disabilities on others

             • cost of inclusionary placements

       • Individualized Education Program (IEP)

         • Present Levels of Academic Achievement & Functional Performance (PLAAFP) must align with IEP goals

    3. Part C

    4. Part D

  • 6 major principles

    1. Appropriate Evaluation

    2. Fair and Appropriate Public Education (FAPE)

    3. Least Restrictive Environment (LRE)

    4. Individualized Education Program (IEP)

    5. Parent Participation

       • part of every component IDEA

         • ensures FAPE (free and appropriate public education)

         • ensures LRE (least restrictive environment)

         • ensures IEP (individual education plan)

       • involving parents in the process is essential

    6. Procedural Safeguards

       • opportunity for parents to review their child's full educational records

       • full parent participation in identification and IEP team meetings

       • parent involvement in placement decisions

         • prior written notice

       • right of parents to request independent educational evaluations at public expense

       • notice to parents of procedural safeguards;

       • resolution Process

         • objective mediation funded by the state education agency

         • impartial Due Process Hearings.

           • “going to court”

  • 2 safeguards

    1. Substantive safeguards

       • Protection of rights

         • examples: FAPE, LRE

       • You need a substantive violation for it to be an error

         • The culmination of several procedural errors can be a substantive violation

    2. Procedural safeguards

       • Procedures that must be followed

Under IDEA, you can only file a due process complaint for a dispute related to

• identification, evaluation, or educational placement of a child with a disability

• the provision of a free appropriate public education (FAPE)

Parents most often have complaints in one of the following areas:

• child's evaluation

• child's eligibility

• child's placement

  • Plessy v. Ferguson, 1896

    • "separate but equal"

  • Brown v. Board of Education of Topeka, 1954

    • "separate educational facilities are inherently unequal"

  • Civil Rights Act of 1964

    • Discrimination on race, color, religion, sex, or national origin is illegal

  • PARC v Pennsylvania, 1971

    • Education has to be equal for all children

  • Mills v. Board of Education of District of Columbia, 1971

    • all children are entitled to free and appropriate public education

  • Rehabilitation Act of 1973 (includes section 504)

    • prohibits discrimination on the basis of disability

  • Education for All Handicapped Children Act, 1975

    • Also known as

      • Public Law 94-142

      • Individuals with Disabilities Education Act (IDEA)

  • Oberti 1993

    • regular classroom

    • to the maximum extent appropriate

  • Rachel H 1994

    • educational benefits of regular classrooms

    • non-academic benefits of such placements

    • effect of students with disabilities on others

    • cost of inclusionary placements

  • Endrew F. 2017

    • public school had to pay for Endrew’s private schooling

• methodology used to assess a child

• related services like aides and specialists

• changes to a child's IEP

• suspension or expulsion of a child

  • Honig v Doe, 1988

    • suspending a child for behaviour related to disability violates IDEA

Under IDEA, you can only file a due process complaint for a dispute related to

• identification, evaluation, or educational placement of a child with a disability

• the provision of a free appropriate public education (FAPE)

Statute of limitations

Parents have two years to file a due process complaint.

• Parents must file a due process complaint within two years of when you learned about the school’s action that you’re complaining about.

• The school must hold a resolution session with you within 15 days after receiving the due process complaint.

• There’s a 30-day period to try to reach a resolution agreement.

• Once it’s clear that there won’t be a resolution agreement, the state department of education has 45 days to make sure there is a due process hearing and decision.

You have 90 days from the due process decision to file a lawsuit in state or federal court.

Parent’s rights and due process

• The right to hire a lawyer and other experts to accompany and advise you at the hearing

• The right to present evidence and have witnesses attend and testify

• The right to confront and cross-examine the school’s witnesses

• The right to a written verbatim recording of the hearing, at no cost

• The right to written findings of fact and decision from the hearing officer, at no cost

• The right to have your child present

• The right to have the hearing open to the public

• At least five business days before the hearing, the school must disclose to you all evaluations and evidence that it’s going to present at the hearing.

To be well prepared for a due-process hearing:

• have all of your ducks in a row

• have progress monitored

• have a good placement

• ensure the child is in the least restrictive environment (LRE)

• follow the Individualized Education Program (IEP)

• document accommodations and modifications

Follow the law. Follow your heart. Do right by the child. Feel good about every decision you’ve made for the child.

Introduction

Any time you’re finding a child eligible for special education services, it’s a very serious decision. It has impacts on children and families. To place children in special education services, they need to go through an evaluation process which uses multiple points of data. A valid evaluation includes:

• appropriate evaluation

  • multiple points of data

  • multiple assessments

  • multiple people

  • triangulate data

• monitors information needed to determine placement

For your reference, as a review of the overarching concepts:

Individuals with Disabilities Education Act (IDEA)

• • 4 parts

    • Part A

    • Part B - the part most applicable to schools

      • Free and Appropriate Public Education (FAPE)

        • 2 important court cases

          • low bar - Rowley 1982

          • higher bar - Endrew F. 2017

      • Least Restrictive Environment (LRE)

        • 2 important court cases

          • Oberti 1993

          • Rachel H 1994

      • Individualized Education Program (IEP)

        • Present Levels of Academic Achievement & Functional Performance (PLAAFP)

    • Part C

    • Part D

  • 6 major principles

    • Appropriate Evaluation

    • multiple points of data

      • multiple assessments

      • multiple people

      • triangulate data

    • Fair and Appropriate Public Education (FAPE)

    • Least Restrictive Environment (LRE)

    • Individualized Education Program (IEP)

    • Parent Participation

    • Procedural Safeguards

  • 2 safeguards

    • Substantive safeguards

      • Protection of rights

    • Procedural safeguards

      • Procedures that must be followed

Categories of disabilities

IDEA lists different disability categories under which a child may be found eligible for special education and related services. These categories are:

1. Autism

2. Deafness

3. Deaf-blindness

4. Developmental delay

5. Emotional disturbance

6. Hearing impairment

7. Intellectual disability

8. Multiple disabilities

9. Orthopedic impairment

10. Other health impairment

11. Specific learning disability

12. Speech or language impairment

13. Traumatic brain injury (TBI)

14. Visual impairment, including blindness.

Child with a disability means a child evaluated in accordance with §§300.304 through 300.311 as having one of the disabilities listed above and who, by reason thereof, needs special education and related services.

The Individuals with Disabilities Act (IDEA) is the central law that governs all of special education.

• IDEA is also sometimes referred to by:

  • PL 94142

    • Public Law 94142

    • The original public law when passed by congress

  • 20 USC 1400

    • US Code

    • The statute

  • 34 CFR 300.304 - 300.311

    • Federal regulations

  • TAC 29.005

    • States have regulations also

    • The above “TAC 29.005” is an example of regulations in Texas

Initial evaluation for disabilities

How do we determine which children should be evaluated?

• parent can ask

• school can ask

To initiate the evaluation process

• send a letter to the school, principal, or the director of special education

• state that you suspect a disability and request evaluation

If a child is suspected to have a disability, that child is to be treated as a child with a disability. IDEA requires the school system to notify the parents in writing that it would like to evaluate the child. This is called prior written notice. In the letter

• the school must explain why they want to evaluate the child

• the school must provide documentation and data

  • describe each evaluation procedure, assessment, record, or report used as a basis for proposing the evaluation

• the school must help parents understand IDEA

• the school must describe other options considered and why those were rejected

• description of other factors relevant to the school’s proposal to evaluate the child

All of the above must also be done if the school refuses to evaluate a child. Before the school may proceed with evaluation,

• parents must give their informed written consent.

In 2004, Congress added a specific timeframe to IDEA:

• initial evaluation must be conducted within 60 days of receiving parental consent

  • if the state establishes its own time frame for conducting an initial evaluation, within that time frame; state takes precedence over IDEA.

• IEP creation and IEP meeting must occur within 30 days of initial evaluation

A child’s initial evaluation must be

• full and individual

• focused on that child and only that child.

Triennial evaluation / 3 year evaluation

• only assessments determined necessary by the IEP team

Sufficiently comprehensive evaluation

The overriding focus for the appropriate evaluation of a child for a disability is to use

• multiple sources of data

• multiple assessments

• multiple people

The evaluation must use a variety of assessment tools and strategies. A full and individual evaluation includes evaluating the child’s:

• health

• vision and hearing

• social and emotional status

• general intelligence

• academic performance

• communicative status

• motor abilities

IDEA states that the school system must ensure that the evaluation is sufficiently comprehensive to identify all of the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.

Evaluation takeaways

For your reference, as a review of the overarching concepts:

Individuals with Disabilities Education Act (IDEA)

• • 4 parts

    • Part A

    • Part B - the part most applicable to schools

      • Free and Appropriate Public Education (FAPE)

        • 2 important court cases

          • low bar - Rowley 1982

          • higher bar - Endrew F. 2017

      • Least Restrictive Environment (LRE)

        • 2 important court cases

          • Oberti 1993

          • Rachel H 1994

      • Individualized Education Program (IEP)

        • Present Levels of Academic Achievement & Functional Performance (PLAAFP)

    • Part C

    • Part D

  • 6 major principles

    • Appropriate Evaluation

    • multiple points of data

      • multiple assessments

      • multiple people

      • triangulate data

    • Fair and Appropriate Public Education (FAPE)

    • Least Restrictive Environment (LRE)

    • Individualized Education Program (IEP)

    • Parent Participation

    • Procedural Safeguards

  • 2 safeguards

    • Substantive safeguards

      • Protection of rights

    • Procedural safeguards

      • Procedures that must be followed

Primary takeaways:

• appropriate evaluation includes

  • multiple sources of data

  • multiple assessments

  • multiple people

  • use a variety of valid, reliable, and psychometrically sound assessments

• reevaluate every 3 years to ensure nothing significant has changed

• before evaluation, prior written notice and informed consent

• trust evaluation experts

• engage fully

  • learn the data

  • know your students

  • contribute meaningfully

• data, documentation, intervention

Introduction

The Rehabilitation Act of 1973 is another significant piece of legislation regarding individuals with disabilities and civil rights. Many people have questions about section 504 and how this relates to the Individuals with Disabilities Act (IDEA) and the Americans with Disabilities Act. To facilitate understanding the purpose each of the following fulfill, here is the overview of the various laws we have discussed which help protect the civil rights of individuals with disabilities:

• • Plessy v. Ferguson, 1896

    • "separate but equal"

  • Brown v. Board of Education of Topeka, 1954

    • "separate educational facilities are inherently unequal"

  • Civil Rights Act of 1964

    • Discrimination on race, color, religion, sex, or national origin is illegal

  • PARC v Pennsylvania, 1971

    • Education has to be equal for all children

  • Mills v. Board of Education of District of Columbia, 1971

    • all children are entitled to free and appropriate public education

  • Rehabilitation Act of 1973

    • prohibits discrimination on the basis of disability

      • children with disabilities have a right to equal access to education

    • section 503

      • addresses employment

    • section 504

      • requires school districts to provide a free and appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.

      • covers qualified students with disabilities who attend schools receiving Federal financial assistance.

      • to be protected under Section 504, a student must

        • have a physical or mental impairment that substantially limits one or more major life activities or

        • have a record of such an impairment or

        • be regarded as having such an impairment

      • gave rise to Americans with Disabilities Act, 1990

    • section 508

      • information has to be as accessible to children with disabilities as children without disabilities

  • Education for All Handicapped Children Act, 1975

    • Also known as

      • Public Law 94-142

      • Individuals with Disabilities Education Act (IDEA)

  • Oberti 1993

    • regular classroom

    • to the maximum extent appropriate

  • Rachel H 1994

    • educational benefits of regular classrooms

    • non-academic benefits of such placements

    • effect of students with disabilities on others

    • cost of inclusionary placements

  • Endrew F. 2017

    • public school had to pay for Endrew’s private schooling

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act has its roots in the Rehabilitation Act of 1973 section 504. Think of ADA as the big brother of the Rehabilitation Act of 1973.

• Rehabilitation Act of 1973, Section 504

  • addressed access at institutions that receive public funds

• The Americans with Disabilities Act (ADA)

  • first comprehensive act to affect all individuals with disabilities

  • organizations with 15+ employees, in both public and private sector

  • ADA effects

    • access to the classroom

ensures free and appropriate public education (FAPE)