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Special Education Issues for Children in the Dependency System

Special Education Issues for Children in the Dependency System. Gerard Glynn Barry University School of Law 6441 E. Colonial Drive Orlando, FL 32807 gglynn@mail.barry.edu. Dependent Children and Special Education Needs. Children with Disabilities and Familial Stress

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Special Education Issues for Children in the Dependency System

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  1. Special Education Issues for Children in the Dependency System Gerard Glynn Barry University School of Law 6441 E. Colonial Drive Orlando, FL 32807 gglynn@mail.barry.edu

  2. Dependent Children and Special Education Needs • Children with Disabilities and Familial Stress • Part of Larger mandate for Interagency Agreements – 39.0016

  3. Understanding and ApplyingSpecial Ed Entitlements:ADVANTAGES FOR KIDS • Avoid Unlawful Exclusions from School • Avoid Unnecessary Prosecutions • Avoid Punitive (and Counter-Productive), Costly “Services” and Placements • Get Useful (and Productive) Services and Placements

  4. Understanding and ApplyingSpecial Ed Entitlements • Get Useful Services for Kids and Their Parents • Leverage Resources to support Dependency Efforts • Stabilize Families and Keep Them Together

  5. Issues to Consider • In Special Education, the parent retains the rights • Thus the parent is the client • Role of Surrogate parent when parent is not available • Don’t be afraid of special education law • It is designed to empower parents • Don’t allow the educators to use their special language – ask questions

  6. Issues to Consider • Changes in Placement • Records need to follow the child • New plan will be developed • Old plan in place until new plan developed • Stability is important! • Residential Treatment Center and School Placement

  7. Federal Laws Implicated Individuals with Disabilities Education Improvement Act (IDEIA) – Stacy Matthews piece – page 220 Section 504 of the Rehabilitation Act – Christopher Walker’s Piece – page 233. No Child Left Behind Act of 2001

  8. IDENTIFICATION, ELIGIBILITY, & EVALUATION • Population Defined • Personnel Development • Child Find: Duty to Identify • Notice & Consent for Evaluation • Evaluation Procedures • Independent Educational Evaluation

  9. Qualifications for Special Education • Defined Disability • In Florida includes students with high IQ • Interfering with educational progress

  10. INDIVIDUAL EDUCATIONAL PROGRAM • Requirements for an IEP • LRE (Least Restrictive Environment) • IEP (Individualized Education Program)

  11. Content of Individual Education Plan • Provide an appropriate Individualized Special Education • Not just what the school has available • Provide necessary related services • To confer a meaningful educational benefit • Rowley – some educational benefit – not best • No Child Left Behind Implications • In the least restrictive environment

  12. PROCEDURAL SAFEGUARDS & DISPUTE RESOLUTION • Notice and Consent for Change In Placement • Alternative Dispute Resolution • Due Process Hearing and Civil Court Proceedings

  13. RIGHTS OF STUDENTS WHO ARE DISCIPLINED • Short-term and Cumulative Suspensions • Placement in Alternative Educational Settings • Manifestation Determination Review • Parent Appeal • Placement During Appeals • Protection for Children Not Eligible for Special Education or Related Services

  14. Special Education Issues for Children in the Dependency System Gerard Glynn Barry University School of Law 6441 E. Colonial Drive Orlando, FL 32807 gglynn@mail.barry.edu

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