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IDEA 2004 The Special Education Process. Purpose Introduction. Purpose. To review the entire special education process – from child find to implementation of special education – highlighting changes to IDEA 2004 To introduce new forms and formats for compliance with IDEA 2004.

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Idea 2004 the special education process

IDEA 2004 The Special Education Process

Purpose

Introduction


Purpose
Purpose

  • To review the entire special education process – from child find to implementation of special education – highlighting changes to IDEA 2004

  • To introduce new forms and formats for compliance with IDEA 2004


Understanding this presentation
Understanding This Presentation

NEW

New content

BOLD New language


Introduction
Introduction

  • IDEA 2004 – PL 108-446

    • Signed by President Bush on December 3, 2004

    • Goes into effect on July 1, 2005

      • Provisions regarding highly qualified personnel went into effect upon signing of the law

    • Provides federal funding for provision of a free appropriate public education (FAPE)

    • Outlines due process provisions to ensure FAPE


Introduction1
Introduction

FAPE in the LRE:

  • Free Appropriate Public Education (FAPE)

    • Special education and related services

    • Provided at public expense

    • To eligible students

    • In conformity with an Individualized Education Program (IEP)

  • Least restrictive environment (LRE)

    • Students eligible for special education will be educated to the maximum extent appropriate with students who are not disabled


Child find

Child Find

Annual Notice

Child Find Activities

Equitable Participation


Annual notice
Annual Notice

  • School districts and charter schools must provide annual notice to the public that includes:

    • A description of special education services and programs available

    • The purpose, time and location of screening activities provided

    • How to request a screening or evaluation

    • The procedural safeguards and confidentiality rights of parents


Child find1
Child Find

School District/Charter School Responsibilities:

  • All students eligible for special education who need special education and related services must be:

    • Identified

    • Located

    • Evaluated

  • This includes:

    • Homeless children

    • Wards of the state

    • Private school students

  • A practical method to determine which children eligible for special education are receiving services must be developed and implemented


Equitable participation
Equitable Participation

NEW

Consultation:

  • Intermediate Units (IUs) shall consult with private school representatives and representatives of parents of such children during the design and development of special education and related services for:

    • Child find process

    • Determination of proportionate amount of federal funds

    • How the consultation process will operate throughout the year

    • How, where, and by whom services will be provided

  • If the IU disagrees, the IU shall provide a written explanation of reasons to the private school


Prereferral

Prereferral

Screening

Early Intervening Services


Screening school districts
Screening – School Districts

  • Each SD must establish and implement a comprehensive system of screening to accomplish the following:

    • Identify and provide initial screening prior to referral

    • Provide peer support for teachers and other school personnel to assist in working with students in the general education curriculum

    • Conduct hearing and vision screening

    • Identify students who may need to be referred for MDE

  • Process shall include:

    • Curriculum-based or performance based assessments

    • Observation

    • Intervention

    • Student response to intervention

    • Determination whether difficulties are due to lack of instruction or Limited English Proficiency

    • Determination whether student’s needs exceed functional ability of regular education program

    • Activities to gain parent involvement


Screening charter schools
Screening – Charter Schools

  • Charter Schools must have systematic screening activities that lead to:

    • Identification

    • Location

    • Evaluation

  • These activities apply to children eligible for special education enrolled in the charter school


Early intervening services
Early Intervening Services

NEW

  • Permits school districts to use up to 15% of the Part B grant for “early intervening” as follows:

    • To develop and implement coordinated early intervening services for students K through 12 who are not identified as disabled but need “additional academic and behavioral support to succeed in a general education environment”

    • Emphasis is on K through 3


Early intervening activities
Early Intervening Activities

NEW

  • Local Education Agencies (LEAs) may carry out activities that include:

    • Professional development for teachers and other school staff to enable them to deliver scientifically based academic instruction and behavioral interventions, including scientifically based literacy instruction and, where appropriate, instruction in the use of adaptive and instructional software

    • Providing educational and behavioral evaluations, services and supports, including scientifically based literacy instruction

  • Early intervening services can not be used to delay the referral process for evaluation for special education


Early intervening reporting
Early Intervening Reporting

NEW

  • LEAs that develop and maintain coordinated early intervening services shall annually report to the SEA

    • Number of students served

    • Number of students served who were later determined to be eligible for special education and related services


Early intervening disproportionality
Early Intervening Disproportionality

NEW

  • When there is significant disproportionality of children eligible for special education or placed in particular educational settings, LEA is required to :

    • Reserve the maximum amount of funds to provide comprehensive coordinated services to serve children in the LEA, particularly those children in the overidentified groups

    • Publicly report on the revision of policies, practices and procedures to identify children eligible for special education


Referral

Referral

Referral Process

Permission to Evaluate


Referral1
Referral

  • A request for an evaluation for referral to special education may be made by:

    • Parent(s) of a child

    • LEA

    • SEA

    • Other state agency


Referral2
Referral

  • Parents have the right to:

    • Review screening records

    • Meet with school personnel to discuss the referral

    • Disagree with the referral

  • LEA gathers information to use on the Permission to Evaluate


Permission to evaluate
Permission to Evaluate

Initial Evaluation--Consent

  • Consent for the initial evaluation must be obtained from the parent

  • Parental consent for the evaluation is not to be construed as consent for services

    Initial Evaluation-- Absence of Consent

  • If the parent does not give consent for the evaluation or does not respond to a request for an initial evaluation, the LEA may pursue permission through due process procedures


Permission to evaluate1
Permission to Evaluate

NEW

Consent for Wards of the State –

“Make reasonable efforts to obtain the informed consent from the parent of the child for an initial evaluation”

Definition

  • Ward of the state (as defined by state law):

    • Foster child

    • Ward of the State

    • Child in the custody of a public child welfare agency

    • Does not include a foster child whose foster parent meets the definition of “parent.”


Permission to evaluate2
Permission to Evaluate

NEW

  • Timeline to complete evaluation –

    • School Districts: Within 60 school days from receiving permission

    • Charter Schools: Within 60 calendar days from receiving permission

  • Exceptions to timeline –

    • Child moves to new LEA after initiation of evaluation

      • Must make sufficient progress toward prompt completion

      • Parent and new LEA agree to a specific time for completion

    • Parent repeatedly fails or refuses to produce child for evaluation


Permission to evaluate3
Permission to Evaluate

NEW

Clarification: Screening versus Evaluation

  • “Screenings by teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.”

  • Parental permission not required for screenings


Permission to evaluate4
Permission to Evaluate

NEW

Clarification - Medication

  • SEA and LEA personnel are prohibited from requiring a child to obtain a prescription as a condition for attending school, receiving an evaluation or receiving services


Permission to evaluate form
Permission to Evaluate Form

NEW

  • Let’s take a look at the new Permission to Evaluate form


Evaluation

Evaluation

Evaluation Team

Evaluation Process

Evaluation Report


Evaluation1
Evaluation

Upon completion of the assessments:

  • A team of qualified professionals and parent(s) determines eligibility

    • Is child identified as a child with a disability?

      • Meets criteria of one of the disability categories

      • Needs specially designed instruction

  • What are the child’s educational needs

  • Evaluation report with determination of eligibility is given to parent(s)


Evaluation2
Evaluation

In conducting the evaluation, the LEA shall:

  • Use a variety of assessment tools, including information from the parent

  • Not use a single measure as the sole criterion for determining eligibility

  • Use technically sound instruments


Evaluation3
Evaluation

Assessments used are:

  • Not discriminatory or racially biased

  • Administered in “the language and form most likely to yield accurate academic, developmental and functional information; unless it is not feasible to provide or administer”

  • Valid, reliable, given by trained personnel

  • Able to assess child in all areas of suspected disability and to provide relevant information

    If a child transfers during the academic year, schools coordinate to ensure prompt completion of full evaluation


Evaluation4
Evaluation

A child is not a child with a disability if the presenting problem is caused by:

  • Lack of instruction in reading – including in the essential components of reading instruction

  • Lack of instruction in math

  • Limited English proficiency


Evaluation5
Evaluation

New Criteria for Specific Learning Disabilities

  • The team is not required to take into consideration severe discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning

  • The team may use a process that determines if the child responds to scientific, research-based interventions as part of the evaluation


Evaluation6
Evaluation

Additional Requirements for Evaluations and Reevaluations

The IEP team must:

  • Review existing data including local or state assessments and classroom-based observations for all students

  • Identify if additional data is needed to determine educational needs of child; determine present academic achievement, and related developmental needs. The team collects data to complete the evaluation.


Reevaluation
Reevaluation

Timelines

  • Reevaluation will not occur more than once a year, unless parent and LEA agree otherwise

  • Reevaluation will occur at least every three years, unless the parent and the LEA agree that a reevaluation is unnecessary

  • Requirements of PARC Consent Decree still apply; students with mental retardation are to be reevaluated at least every two years

    Reevaluation begins with a review of existing evaluation data by the IEP team

  • Evaluations and information from parents

  • Local, state assessments, classroom based observations

  • Observations by teachers and related service providers


Reevaluation1
Reevaluation

Based on review of data, there are two possible outcomes:

1. IEP team will identify that additional data are needed to determine:

  • If the child is a child with a disability

  • Educational needs of child

  • Present levels of academic achievement and related developmental needs

  • Whether child needs special education and related services

  • Whether any additions or modifications are needed

    At this point, issue a Permission to Reevaluate form and start the necessary assessments


Reevaluation2
Reevaluation

Based on review of data, two possible outcomes (cont.):

  • IEP team determines that additional data are not needed, which means the LEA:

    • Shall notify the child’s parents

      • Reason for that determination

      • Parents’ right to request assessment

    • Shall not be required to conduct an assessment unless requested by parents


Permission to reevaluate form
Permission to Reevaluate form

  • Let’s look at the new Permission to Reevaluate form

NEW


Evaluation7
Evaluation

Reevaluation Before Change in Eligibility

  • In general, the LEA shall evaluate before determining the child is no longer a child with a disability

    Exceptions – Evaluation not necessary before termination of eligibility due to

    • graduation with a regular secondary diploma

    • exceeding age eligibility for FAPE under state law


Evaluation8
Evaluation

NEW

Summary of Performance –

Students who are no longer eligible due to graduation or exceeding age requirements shall be provided with:

  • A summary of academic achievement and functional performance

  • Recommendations to assist child in meeting postsecondary goals


Summary of performance
Summary of Performance

  • Let’s look at the new Summary of Performance form


Evaluation9
Evaluation

NEW

Initial Placements

In the Absence of Consent For Services – LEA cannot use due process procedures to place students in special education

If parent refuses the receipt of special education and related services or fails to respond

- LEA not in violation for not providing FAPE

- LEA not required to convene IEP meeting or develop IEP


Evaluation report reevaluation report
Evaluation Report Reevaluation Report

NEW

  • Let’s take a look at the new

    Evaluation Report

    and

    Reevaluation Report


Individualized education program iep

Individualized Education Program (IEP)

Invitation to Participate in the IEP Team Meeting or Other Meeting/Parent Options

IEP Team

IEP Process

IEP Format


Invitation to participate in iep team meeting other meeting
Invitation to Participate in IEP Team Meeting/Other Meeting

  • Purpose of Meeting

  • Reasonable attempts to get parent participation (document attempts)

  • Accommodations offered


Invitation to student
Invitation to Student

  • Student must be invited to the IEP meeting for transition planning

  • Documentation is

    required


Invitation to initial preschool iep meeting
Invitation to Initial Preschool IEP Meeting

NEW

In the case of a child who was previously served under Part C, an invitation to the initial IEP meeting shall, at the request of the parent, be sent to the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services


Iep team members
IEP Team Members

  • Parents

  • One regular education teacher, if child is or may be participating in the regular education environment

  • One special education teacher

  • LEA representative

  • Someone who can interpret the results (role may be filled by another IEP team member)

  • Others (e.g., community agencies)

  • Student, when appropriate


Iep team attendance
IEP Team Attendance

NEW

  • If IEP team member’s area of expertise is not being discussed/modified, the team member need not attend if parent and LEA agree in writing

  • If an IEP team member's area of expertise is being discussed/modified, IEP team member may be excused if parent and LEA agree in writing and if member’s written input submitted to parents prior to the meeting



Iep team meeting
IEP Team Meeting

IEP Team:

  • Reviews Evaluation Report (ER)

  • Develops the IEP, including transition planning when appropriate

    For Reevaluation, IEP Team reviews effectiveness of current IEP

    Progress monitoring necessary to determine effectiveness of instruction


Iep development
IEP Development

NEW

  • Parents and LEA may agree not to convene an IEP meeting to make changes to IEP after the annual meeting

    • Instead may develop a written document to modify current IEP

    • Upon request parent receives revised copy of IEP

  • Parents and LEA may agree to use alternative means of meeting, such as videoconferences and conference calls


Iep transfer students
IEP: Transfer Students

NEW

  • Transfer within state

    • LEA must implement current IEP until LEA adopts current IEP or develops new IEP (not new in PA)

  • Transfer from outside state

    • LEA must implement comparable services until LEA conducts evaluation, if necessary, and develops new IEP

  • To facilitate transition, sending and receiving schools take reasonable steps to send/obtain child’s records


Iep format
IEP Format

  • Developed within 30 calendar days after Evaluation Report

  • Reviewed annually

  • Implemented as soon as possible or within 10 school days


Timelines remember these
Timelines– Remember these?

  • Completion of evaluation?

    • Within ___________days of consent (districts)

    • Within ___________days of consent (charter schools)

  • From completion of evaluation to IEP meeting?

    • Within 30 _____________ days

  • Evaluation Report issued to parents?

    • At least ___ school days prior to IEP meeting (districts)


Timelines remember these1
Timelines– Remember these?

4. From IEP meeting to implementation?

  • ____ ________ _______________ (charter schools)

  • Within _________________ days (districts)

  • IEP reviewed?

    • At least _____________


  • Timelines
    Timelines

    • Completion of evaluation

      • Within 60 school days of consent (districts)

      • Within 60 calendar days of consent (charter schools)

    • Evaluation Report issued to parents

      • At least 10 school days prior to IEP meeting (districts)

    • From completion of evaluation to IEP meeting

      • Within 30 calendar days

    • From IEP meeting to implementation

      • ASAP (charter schools)

      • Within 10 school days (districts)

    • Review of IEP

      • At least annually


    Iep format short term objectives benchmarks
    IEP Format: Short Term Objectives/Benchmarks

    NEW

    • Short-term objectives only required for children eligible for special education who take alternate assessments aligned to alternate standards

      • PDE has developed draft alternate standards that are going through public comment period prior to being submitted to State Board for approval June 2005

    • Services provided are based on peer-reviewed research to extent practicable


    Iep format postsecondary transition
    IEP Format: Postsecondary Transition

    • Transition planning may begin at any age for a student eligible for special education

    • Postsecondary transition planning (including courses of study) must begin with IEP in effect at age 16

      • Courses of study at age 14 no longer required

    • IEP must contain postsecondary goals related to training, education, employment and, where appropriate, independent living skills


    Multi year iep demonstration
    Multi-Year IEP Demonstration

    NEW

    • Purpose: provide opportunity for long-term planning

    • Comprehensive, not to exceed 3 years, designed to coincide with natural transition points

    • USDE Secretary may approve up to 15 states’ proposals

    • USDE Secretary must submit report in 2 years



    Iep format1
    IEP Format

    Contents

    • Demographics

    • Revision dates

    • Team signatures

    • Procedural Safeguards Notice documentation


    Iep format2
    IEP Format

    • Special Considerations the IEP Team Must Consider Before Developing the IEP

      • Blind, behavior, LEP, communication needs, etc.

    • Present Levels of Academic Achievement and Functional Performance

    • Participation in State and Local Assessments


    Iep format3
    IEP Format

    IV. Student’s Transition Services

    • Desired Post-School Outcomes

    • Postsecondary goals related to training, education, employment and, where appropriate, independent living skills

    • To be results-oriented, focused on improving academic and functional achievement of child

      V. Goals and Objectives *

    • Report on progress of annual goals

      *Short term objectives required only for those students who take the alternate assessment aligned to alternate standards


    Iep format4
    IEP Format

    VI. Special Education / Related services

    • Program modifications and SDI

    • Related services

    • Supports for School Personnel

    • Extended School Year

      VII. Educational Placement

    • Type of service, type of support


    Iep format5
    IEP Format

    VIII. Penn Data - Least Restrictive Environment (LRE)

    • Number of hours per week child receives special education services

    • Percentage of time the student is literally “outside” the regular education classroom for special education, including name of school building or location where services are provided

    • No correlation to type of service (i.e., itinerant, resource room, part-time, full-time)


    Notice of recommended educational placement norep

    Notice of Recommended Educational Placement (NOREP)

    Purpose

    When Provided

    Parent Options


    Norep purpose
    NOREP: Purpose

    The NOREP summarizes recommendations or proposed changes to the educational program and/or assignment.


    Norep when provided
    NOREP: When Provided

    The NOREP must be issued to parents when the LEA proposes or refuses to initiate a change in the

    • Identification

    • Evaluation

    • Educational placement of the child

    • Provision of FAPE


    Norep change

    NEW

    NOREP Change

    Request for a due process hearing triggers a Resolution Session

    • Convened within 15 days of receiving notice of the parents’ due process complaint

    • Provides an opportunity to resolve the complaint

    • May be waived if both parties agree in writing or if they agree to use mediation



    Norep parent options
    NOREP: Parent Options

    • Parent approves

      • IEP implemented within 10 days

    • Parent does not approve, can request

      • Meeting with school personnel

      • Pre-hearing conference within

        10 school days (Not Charter Schools)

      • Mediation

      • Due process hearing

    • Parent or LEA may waive right to pre-hearing conference or mediation and go right to hearing


    Norep parent options1
    NOREP: Parent Options

    • Meeting to discuss recommendation

    • Pre-hearing Conference


    Norep parent options2
    NOREP: Parent Options

    Mediation services:

    • Mediation is available throughout the Commonwealth at Commonwealth expense and can occur at any time

    • When a due process complaint is resolved through mediation, the parties must execute a legally binding written agreement describing the resolution

    • The agreement also states that all discussions are confidential and may not be used as evidence in hearing or civil proceeding.


    Norep parent options due process hearing
    NOREP: Parent Options Due Process Hearing

    • conducted locally

    • presided over by a hearing officer

    • Held if LEA did not resolve the due process complaint in the resolution session to the satisfaction of parents within 30 days of the receipt of the complaint.


    Norep parent options due process hearing timelines
    NOREP: Parent Options Due Process Hearing Timelines

    • Resolution Session-scheduled within 15 days of request for a due process hearing.

    • 30 days to resolve complaint to parents’ satisfaction from the request

    • If complaint is not resolved at any time during those 30 days, due process hearing timelines kick in:

      • Hearing held within 30 days

      • Decision within 45 days


    Norep parent options due process hearing cont d
    NOREP: Parent Options – Due Process Hearing (cont’d)

    • At least 5 business days before the hearing, each party must disclose all evaluations and recommendations to be used

    • Failure to disclose information may result in barring the information


    Norep parent options due process hearing appeal
    NOREP: Parent Options Due Process Hearing Appeal

    • The decision of the hearing officer may be appealed in PA to a panel of 3 appellate hearing officers

    • The appellate decision must be made within 30 calendar days after a request for review


    Norep
    NOREP

    • Give two specific examples of when you would issue a NOREP:

      • __________________________________

      • ___________________________________

    • Give one example of when you do NOT need to issue a NOREP:

      • __________________________________


    Procedural safeguards notice psn

    Procedural Safeguards Notice (PSN)

    Purpose

    When Provided

    Changes


    Procedural safeguards notice psn purpose
    Procedural Safeguards Notice (PSN) :Purpose

    The Procedural Safeguards Notice outlines rights and safeguards to be followed according to state and federal regulations in providing a free appropriate public education.


    Procedural safeguards notice when provided
    Procedural Safeguards Notice: When Provided

    • LEA is obligated to give copy of procedural safeguards 1 time per year, except also given upon:

      • Notice of disciplinary change of placement

      • Initial referral or parent request for evaluation

      • Parent request

      • First occurrence of filing for a due process complaint


    Procedural safeguards notice changes
    Procedural Safeguards Notice:Changes

    • Thirteen sections

    • Many sections are bulleted rather than in paragraph form for easier understanding

    • More user-friendly, certain areas clarified such as:

      • Child’s status during administrative proceedings

      • Rights regarding discipline and suspension section (more explanation)

      • Consumer complaint alleging an LEA failure to implement a due process decision is resolved by BSE, not hearing officer


    Procedural safeguards notice changes cont
    Procedural Safeguards Notice:Changes (cont.)

    • All IDEA ’04 changes incorporated including:

      • PSN only once a year with exceptions

      • Due process hearing request challenge information

      • 2 year statute of limitations on due process hearings

      • Resolution Session explained

      • Serious bodily injury defined

      • Interim alternative education setting changed to 45 school days.

      • Need for surrogate parent for homeless youth without a parent or guardian.

    • Dispute Resolution Request Form is the actual electronic form that can be mailed or faxed.


    Implementation

    Implementation

    Effective Instruction

    Progress Monitoring


    Effective instruction and progress monitoring
    Effective Instruction and Progress Monitoring

    Utilize “Principles of Effective Instruction” including:

    • Active engagement

    • Careful scaffolding of instruction

    • Strategic instruction

    • Explicit instruction

    • Teaching sameness within and across subjects

      Monitor Progress:

    • Frequently

    • To adjust instruction or materials when progress is not adequate

    • When appropriate, adjust IEP goals


    Discipline

    Discipline

    Change of Placement

    Disciplinary Removals

    Serious Bodily Injury

    Manifestation Determination

    Authority of Hearing Officer


    Disciplinary change of placement
    Disciplinary Change of Placement

    Defined as removals of

    • More than 10 school days for violation of a code of student conduct

    • Up to 45schooldays for offenses involving (including students with mental retardation)

      • Weapons

      • Drugs

      • Serious bodily injury

        PA Change of Placement (under Chapter 14)

    • More than 10 consecutive school days

    • More than 15 cumulative schools days

    • Any removal for a student with MR


    Additional Authority of School Personnel: Serious Bodily Injury

    NEW

    • Unilateral removal to interim alternative educational setting

      for drugs, weapons, serious bodily injury violations, whether or not a manifestation of child’s disability, can be for up to 45 school days

    • Serious Bodily Injury involves

      • a substantial risk of death

      • extreme physical pain

      • protracted and obvious disfigurement

      • protracted loss or impairment of the function of a bodily member, organ, or mental faculty (18 U.S.C. §1365(h)(3))


    Disciplinary change of placement removal procedures
    Disciplinary Change of Placement: Removal Procedures Injury

    LEA is required to implement specific procedures for removals of

    • More than 10 school days (when behavior is not a manifestation of the disability) or

    • Up to 45 school days for drugs/weapons/serious bodily injury (whether behavior is or is not a manifestation of the disability)

  • Parent notification with PSN

    • On date of decision to take disciplinary action

  • Provision of FAPE

    • Can be in interim alternative educational setting (IAES)

  • Functional Behavioral Assessment/Behavior Intervention Plan (FBA/BIP)

    • Designed to address the behavior violation so it does not recur

  • Manifestation determination


  • Manifestation determination
    Manifestation Determination Injury

    • Conducted by LEA, parent, and relevant members of the IEP team as determined by parent and LEA

    • Purpose: To determine if conduct was a manifestation of child's disability (different focus)

    • IDEA ‘04 situations to consider in determining relationship of the conduct to the disability

      • The conduct in question was caused by or had a direct and substantial relationship to the disability

      • The conduct in question was the direct result of the LEA’s failure to implement the IEP

    • If either situation above is applicable, conduct is determined to be a manifestation of the disability


    Manifestation determination1
    Manifestation Determination Injury

    If conduct is a manifestation of the child’s disability, the IEP team must

    • Conduct FBA and implement a BIP if no prior FBA

    • Review prior BIP and modify as necessary

    • Return child to previous placement unless

      • Parent and LEA agree to change of placement as part of the modification of the BIP

      • Situation involved weapons, drugs, serious bodily injury


    Authority of hearing officer
    Authority of Hearing Officer Injury

    • Hearing allowed when

      • Parent disagrees with placement decision or manifestation determination OR

      • LEA believes substantial likelihood of injury in current placement

    • Hearing officer

      • Hears and makes determination on parent or LEA appeal

      • May order a change in placement that may include:

        • Returning student to previous placement

        • Ordering change to appropriate interim alternative educational setting for no more than 45 school days if determined that maintaining current placement likely to result in injury to child/others


    Placement during appeals for due process
    Placement During Appeals for Due Process Injury

    NEW

    • Appeals hearing is expedited and must

      • Occur within 20 school days of the date the hearing is requested

      • Result in a determination within 10 school days after the hearing

    • Placement continues in interim alternative educational setting pending hearing officer decision or until expiration of time period of removal (no more than 45 school days)


    Not yet eligible
    Not Yet Eligible Injury

    An LEA is considered to HAVE KNOWLEDGE that a child is a child eligible for special education if:

    • The parent has expressed concern in writingto supervisory or administrative personnel that the child is in need of special education

    • The parent has requested an evaluation

    • The teacher or other school personnel has expressed specific concerns about a pattern of behavior to the special education director or other supervisory personnel


    Not yet eligible1
    Not Yet Eligible Injury

    • If the LEA has knowledge, the child not yet determined to be eligible for special education may assert the same protections as an eligible student

      • If evaluation is requested, must be expedited

    • If an LEA has NO knowledge that a child is a child eligible for special education, an LEA may follow the same disciplinary measures as for children without disabilities who engage in similar behaviors


    Discipline let s review
    Discipline--Let’s Review Injury

    • The new standard for conducting a manifestation determination requires a decision about if the conduct was caused by or had a __________ and ___________ relationship to the disability OR was a direct result of the LEA’s ____________ to implement the IEP.

    • An FBA must be conducted when the conduct is determined to be a __________ of the child’s disability.

    • A student may be placed in an interim alternative educational setting for not more than ___ ____________ days for violations that involve drugs, weapons or _________ __________ __________.



    Statute of limitations for due process complaints
    Statute of Limitations for Due Process Complaints Injury

    NEW

    • Two years after the date the parent or public agency knew or should have known of the alleged action

    • Requirement does not apply if:

      • LEA misrepresented that problem was resolved

      • LEA withheld information from parent


    Award of attorneys fees
    Award of Attorneys’ Fees Injury

    NEW

    The court may award reasonable attorneys’ fees

    • Against the attorney of a parent who

      • Files a complaint that is frivolous, unreasonable, or without foundation

      • Continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation

    • Against the attorney of a parent or against the parent if parent’s complaint was presented to harass, cause unnecessary delay, or needlessly increase cost of litigation


    Additional provisions
    Additional Provisions Injury

    NEW

    Electronic Mail

    • Parent of a child with a disability may elect to receive required notices by an electronic mail communication, if the LEA makes this option available

      Separate Complaint

    • Nothing stops a parent from filing a separate due process complaint on a different issue

      even if he/she has already filed a complaint.


    Highly qualified personnel
    Highly Qualified Personnel Injury

    • The SEA must establish and maintain qualifications to ensure that personnel are appropriately and adequately prepared and trained, including that personnel have the content knowledge and skills to serve children with disabilities


    Highly qualified

    NEW Injury

    Highly Qualified

    • The SEA must have qualifications for related services personnel and paraprofessionals that:

      • Are consistent with state-approved or state-recognized certification, licensing, registration or other comparable requirements that apply to the professional discipline

      • Ensure that such personnel who deliver services in their discipline or profession meet the above requirements and have not had certification or licensure waived


    Highly qualified1
    Highly Qualified Injury

    NEW

    • Each person employed as a special education teacher in the state who teaches elementary, middle, or secondary school must be highly qualified by the deadline established by ESEA (June 30, 2006)

    • State shall adopt a policy to take measurable steps to recruit, hire, train, and retain highly qualified personnel

    • There is no right of action on behalf of an individual student for the failure of the SEA or LEA staff person to be highly qualified, but a complaint can be filed with the SEA (parents cannot sue)


    Surrogate parents
    Surrogate Parents Injury

    • For a child who is a ward of the state, judge overseeing child’s care may appoint an employee of SEA, LEA or other agency not involved in the education or care of the child

    • “Parent”- Expanded definition

      • A natural, adoptive or foster parent (unless foster parent prohibited by State as serving as parent)

      • Guardian (but not the State if child is a ward of the state)

      • An individual acting in the place of a natural or adoptive parent with whom the child lives, or an individual who is legally responsible for the child’s welfare (includes grandparent, stepparent or other relative)

      • An individual assigned to be a surrogate parent


    Surrogate parents1
    Surrogate Parents Injury

    NEW

    • LEA must appoint a surrogate for unaccompanied homeless youth

      • “Homeless children and youths” – individuals who lack a fixed, regular, and adequate nighttime residence

    • LEA must appoint surrogate within 30 days after determination of need


    New funding formula
    New Funding Formula Injury

    NEW

    • Establishes 6 year path to reach 40% goal, however…

    • The USDE estimate 2005-06 Federal grant only provides a 2-3% increase for PA Local Education Agencies (LEAs)

    • States may use up to 10% of state-level activities funds to establish “risk pools” to reimburse school districts for “high-need; low-incidence, catastrophic or extraordinary aid” (PA has a state “Contingency Fund”)


    State performance plans
    State Performance Plans Injury

    NEW

    • Each state shall:

      • Have a performance plan for evaluating efforts to implement IDEA and how to improve implementation

        • By 12/3/05

        • Reviewed every 6 years

      • Establish measurable and rigorous targets for the indicators established under priority areas

      • Collect valid and reliable information as needed to report to the USDE Secretary annually on the priority areas


    Monitoring
    Monitoring Injury

    • Each state must have quantifiable indicators that are used to monitor the priority areas:

      • Provision of FAPE

      • Child find, effective monitoring, due process resolutionsessions, mediation, and a system of transition services

      • Disproportionate representation of racial and ethnic groups

    • Activities of states need to focus on improving educational results and functional outcomes for all children with disabilities

    • Federal government monitors states based upon state performance plans

    • SEA monitors LEAs based upon the state performance plan


    State performance report
    State Performance Report Injury

    NEW

    • The USDE Secretary shall annually review the state performance report

    • The USDE Secretary shall determine if the state:

      • Meets the requirements and purposes

      • Needs assistance in implementing the requirements of this part

      • Needs intervention in implementing the requirements

      • Needs substantial intervention in implementing the requirements


    Prohibitions
    Prohibitions Injury

    • IDEA 2004 prohibits federal mandate, direction, or control of:

      • Instructional content

      • Academic achievement standards and assessments

      • Curriculum

      • Program of instruction

    NEW


    Model forms
    Model Forms Injury

    • Model forms from Federal government are expected by the date of final regulations:

      • Model IEP

      • Model IFSP

      • Model procedural safeguards notice

      • Model prior written notice

    NEW


    Implementation idea 2004
    Implementation - IDEA 2004 Injury

    • December 3, 2004 – Definition of “highly qualified teacher” for purposes of special education becomes effective

    • Spring 2005- Anticipate proposal re: PA Bridge Certificate

    • June 2005 - Due process updates

      • Review of pre-hearing requirements

      • Review and revise Hearing Officer Handbook

      • Discussions with parents and parent advocacy groups

    • July 1, 2005 –

      • All changes presented are to be implemented except for new evaluation timeline allowing 60 school days (for school districts)

      • Existing obligations under PARC to students with mental retardation remain


    Implementation idea 20041
    Implementation - IDEA 2004 Injury

    • May 2005 – Anticipate proposed federal regulations

    • July 1, 2005 – PDE to have issued new forms and formats

    • December 2005 – Anticipate final federal regulations

    • December 2005 – OSEP to have developed model forms by adoption of final regulations

    • January 2006 – Anticipate RFP for paperwork reduction and IEP pilot

    • June 2006 - Chapters 14 and 711 revisions


    Summary

    Introduction Injury

    Child Find

    Prereferral

    Referral

    Evaluation/Reevaluation

    Permission to Evaluate/Reevaluate

    Evaluation Report

    Reevaluation Report

    Summary of Student

    IEP

    Invitation

    IEP Format

    NOREP/Procedural Safeguards Notice

    Implementation

    Discipline

    Additional Changes

    Timelines for IDEA 2004 Implementation

    Summary

    The Special Education Process


    Resources
    Resources Injury

    • P.L. 108-446 and “One Pagers” posted at www.pattan.k12.pa.us

      • Go to Regulations and Forms

      • Then to IDEA 2004

    • This presentation and other related materials available on PaTTAN website at

      http://www.pattan.k12.pa.us

    • Congressional Research Service (CRS) Report available for a fee at http://www.pennyhill.comOrder No.: RL32716


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