IDEA OVERVIEW County of Alameda

1. IDEA OVERVIEW County of Alameda Disability Rights Education and Defense Fund

2. Introduction: Disability Rights Education and Defense Fund (DREDF) • DREDF is the leading national law and policy center for people with disabilities. Our mission is to promote the full integration of people with disabilities into the mainstream of society and to advance the human and civil rights of people with disabilities. • DREDF provides training and information on legal rights in education to families of children with disabilities and the professionals who serve them. DREDF is a Parent Training and Information center (PTI) funded in part by the U.S. Department of Education. Disability Rights Education and Defense Fund

3. Introduction:Formal advocacy for systemic change • DREDF provides legal representation in cases involving right to employment, transportation, housing and access to public accommodations. • DREDF has provided legal advocacy and representation to children and youth with disabilities in class action cases involving systemic abuses such as segregation, curriculum modification and large scale non compliance. • DREDF educates legislators and policy makers on issues affecting the rights of people with disabilities. • DREDF is working to protect the rights of children during the reauthorization of the Individuals with Disabilities Education Act (IDEA). Disability Rights Education and Defense Fund

4. Introduction: Our Course Objectives • Participants will become familiar with special education laws that cover children with specific reference to students living in foster care as well as those involved in the juvenile justice system. • Participants will understand the cycle of special education. • Participants will become knowledgeable about the strategies, tactics and skills of special education advocacy in a variety of circumstances. Disability Rights Education and Defense Fund

5. Introduction:Course Outline • Six principles of IDEA and related special education laws and codes. • Cycle of Special Education • Assessment • Eligibility • IEP meeting • Goals and Objectives • Supports and Services • Problem Solving Strategies • Procedural Safeguards Disability Rights Education and Defense Fund

6. Principles of the Law:Basic Rights Under IDEA • A free and appropriate publiceducation (FAPE) until the student receives a high school diploma or reaches 22 years of age. • Appropriate evaluation and assessment. • Individualized Education Plan (IEP). • An education in the least restrictive environment (LRE). • Parent (biological, adoptive, foster or surrogate) and student participation in decision making. These rights revert to the student at age 18. • Procedural Safeguards. • If there has been a termination of parental rights, a surrogate parent must be appointed for the child for special education decision making. Disability Rights Education and Defense Fund

7. Principles of the Law:Foster Parent Authority • A foster parent may hold parental rights in all matters in the provision of a free and appropriate public education (FAPE) for their foster child if parental rights have been terminated, unless this has been excluded by a court order. • That foster parent may represent a foster child for the duration of the foster parent-foster child relationship in matters relating to the identification, assessment, instructional planning and development, educational placement, reviewing, and consent to the Individual Education Program (IEP) if they are willing. • A foster parent may consult with the parent or guardian to ensure continuity of services for the child. • Parents may also assign another individual to advocate on a child’s behalf (California Education Code 56055 (a)(1)) Disability Rights Education and Defense Fund

8. Principles of the Law:Children in the Juvenile Justice System • Under IDEA, children in the juvenile justice system continue to have a right to special education and related services (courts have upheld this right for pre-trial detention as well as for post adjudication incarceration). • While a child is in short term detention, the Individual Education Plan (IEP) from the child’s previous school placement must be implemented as much as possible. • For long term confinement, a new IEP must be developed as soon as the juvenile is transferred to a long term juvenile facility. • State education law assigns responsibility for special education in juvenile hall or other juvenile detention settings to the county office of education. Disability Rights Education and Defense Fund

9. Principles of the Law:Children in the Juvenile Justice System (cont.) • Special Education Local Plan Areas (SELPAs) are responsible for the local plans coordinating and providing services to IDEA eligible students placed at juvenile court schools or county community schools. • Responsibility for students in the California Youth Authority (CYA)rests with the California Department of Education. CYA functions as its own local education agency. • In California, special education supports and services are not provided in adult facilities, even if the young adult would be otherwise qualified under IDEA. Disability Rights Education and Defense Fund

10. Principles of the Law:FederalLaw concerning special education • IDEA: concerns the provision of special education services to people with disabilities (as defined in the law). • Section 504 of the Rehabilitation Act of 1973: purpose is to eliminate discrimination based on disability in programs receiving federal funds. • ADA: provides protections in employment, government, public accommodations, telecommunications and transportation. Disability Rights Education and Defense Fund

11. Principles of the Law: Diagram of Relationship of IDEA and 504 Section 504 students IDEA students All students Disability Rights Education and Defense Fund

12. Principles of the Law:California Law concerning special education • Hughes bill: covers students with serious behavior problems. • Self injurious or assaultive behaviors. • Behaviors causing property damage which could lead to suspension/expulsion. • Behavior problems that are pervasive and maladaptive and require systemic frequent use of behavior interventions. • Behavioral emergencies defined as: • Serious behavior problem not previously observed; • When the Behavior Intervention Plan (BIP) has not been effective; • A behavior previously unidentified. Disability Rights Education and Defense Fund

13. Principles of the Law:California Law concerning special education • In such cases, a Functional Behavioral Analysis (FBA) Assessment must be conducted by, or under, a qualified behaviorist. If needed, a Behavior Intervention Plan (BIP)must be developed to address the behaviors in a positive way. These requirements for a BIP include: • A description of the maladaptive behavior and the targeted positive behavior. • A detailed description of the behavioral interventions and the circumstances of their use. • Specific criteria for discontinuing the use of the interventions. • Criteria for phasing out interventions. Disability Rights Education and Defense Fund

14. Principles of the Law:Laws concerning special education • AB 3632/Chapter 26.5: uses interagency agreements to provide services to students who are IDEA eligible. • An AB3632 referral is frequently the method of funding placement in day treatment or residential programs for students identified as having a serious emotional disturbance (SED), and for whom the IEP team recommends such a placement. • In such cases, the IEP team must include a representative of county mental health. For students requiring residential placement under AB3632, the county mental health department becomes the lead case manager. • Ultimate financial responsibility for paying for IEP placements, services and supports is with the school district. Assessment and placement should follow IDEA timelines. Disability Rights Education and Defense Fund

15. Special Education Cycle: Diagram Disability Rights Education and Defense Fund

16. Special Education Cycle:Initial Evaluation • Request in writing that the school district conduct a full evaluation in all areas of suspected disability for the child in order to determine eligibility under IDEA. • Request that the child be assessed under Section 504 to determine accommodations that might be required in the event that he/she does not qualify for special education services. • Assessment must be completed and IEP meeting held within 50 days of a parent submitting a signed assessment plan. • A letter requesting assessment legally supercedes a Student Study Team (SST). Disability Rights Education and Defense Fund

17. Special Education Cycle: Assessment Areas of assessment may include: • Academic/cognitive • Social/emotional • Psychomotor • Self-help skills • Gross Motor • Fine Motor • Speech and Language • Vocational • Other aspects of suspected disability Disability Rights Education and Defense Fund

18. Special Education Cycle:Assessment Persons administering tests are required to be experienced with: • children with disabilities; • the age and functional level of the child being tested; • the test(s) being used Tests must take into account; • age and level of functioning • disabilities • abilities • attention span • primary language Disability Rights Education and Defense Fund

19. Special Education Cycle:Parents’ Rights in Assessment • Parent prior consent required (in writing). • Assignment of surrogate or foster parent where needed. • Confidentiality of results. • Non discriminatory assessment. • Opportunity to examine all school records. • Independent educational evaluation (IEE) if parent disagrees with results. Disability Rights Education and Defense Fund

20. Special Education Cycle:Independent Educational Evaluation(IEE) • Parent has a right to an IEE at district expense if parent can show that the school district’s evaluation was inappropriate, incomplete or incorrect. • After a parent requests an IEE, school district can initiate due process procedures if it believes an IEE to be unnecessary. • IEE results must be considered by the IEP team (even if the IEE was paid for privately). Disability Rights Education and Defense Fund

21. Special Education Cycle:Before the IEP meeting • Parents should receive written notice of the meeting listing the date, time allotted and participants. • When parents respond to this notice,they should ask for copies of all written materials and assessments be provided to them at least 5 working days before the meeting. • Parents need to notify the district 24 hours in advance if they plan to tape the meeting. • In an established team, team members (including parents) can have pre-IEP meetings to discuss issues in advance. Disability Rights Education and Defense Fund

22. Special Education Cycle:Parental Advocacy Strategies • Parents should speak to their children about the child’s needs, frustrations and desires. Parental expertise is vital to creating an effective individual education program. • Parents should discuss the child’s needs with others involved in the child’s life, and bring any additional issues to the attention of the team. • Parents should gather written information they wish to share with the IEP team. This could include independent medical reports or a personal (even pictorial) profile of the child. • Foster parents may consult with the parent or guardian about the services the child may have had or still need. Disability Rights Education and Defense Fund

23. Special Education Cycle:Parental Advocacy Strategies (cont.) • Parents can create a written family agenda for the IEP meeting with the issues and questions they wish to cover. • Parents should think about and/or prepare goals that they feel are appropriate for their child. These can be included in their family agenda. • Parents should keep a chronological file of all school paperwork, the child’s school work, assessments/evaluations, records of phone calls and conversations, emails and any other pertinent IEP related information. The parent should bring the reference file to meetings with them. • Protection and Advocacy’s “18 tips for Getting Quality Special Education Services for Your Child” is available at www.pai-ca.org in a variety of languages. Disability Rights Education and Defense Fund

24. Must attend parent special ed teacher regular ed teacher decision maker from school district student (16+)* related service providers *or younger when appropriate, for all or some of the meeting. There should be a record of the meeting so request a designated note taker. Parents should receive a copy of the notes whether they are signing the IEP or not. May attend friend/advocate case manager/social worker family members private providers attorney (district/parent must be informed ahead of time) Special Education Cycle:The IEP Team Disability Rights Education and Defense Fund

25. Special Education Cycle:The IEP Meeting For initial referral and triennial, the child’s eligibility for services is determined. At all IEP meetings, the following issues are discussed: • results of assessment • goals and objectives for the year • placement options • supports and services • accommodations and modifications (as needed). Disability Rights Education and Defense Fund

26. Special Education Cycle:The IEP Meeting • Goals and objectives are the keys to receiving appropriate placement, supports and services. Further explanation of how to build goals and objectives is in the materials. • Accommodations and modifications are the key for devising appropriate 504 plans for students who do not qualify for services under IDEA. • There is material on accommodations and modifications in the packet. Disability Rights Education and Defense Fund

27. Special Education Cycle:Definition of “Child with a Disability” IDEA 2004 defines a ‘child with a disability’ as a child with: • mental retardation • hearing impairments (including deafness) • speech and language impairments • visual impairments (including blindness) • serious emotional disturbances • orthopedic impairments • autism • traumatic brain injury • other heath impairments • specific learning disabilities Disability Rights Education and Defense Fund

28. Special Education Cycle:Definition of “Child with a Disability” (cont) Under IDEA, child must have one of the qualifying conditions and be someone who, because of his/her disability, needs special education and related services. • Studies have shown that a large percentage of delinquent children are eligible for special education. • Children in foster care are 2 to 3 times more likely to have a disability than children in the general school age population. Disability Rights Education and Defense Fund

29. Special Education Cycle:504 and ADHD Section 504 of the 1973 Rehabilitation Act: Eligibility is based on the child having a disability that impairs a major life function. ADD/ADHD diagnosis often means Section 504 eligibility only, but students can also be identified as LD (learning disabled) or OHI (other health impaired). Disability Rights Education and Defense Fund

30. Special Education Cycle :Goals and Objectives Whenever possible, goals and objectives should be linked to general curriculum goals (a good start at www.carsplus.org). But all goalsshould include: Who ? will achieve Does what ? skill or behavior When ? in what setting or conditions How much ? to what level or degree Measured by ? details of a consistent and reliable measurement Basic information on standards,goals and objectives from carsplus is included in the packet. Disability Rights Education and Defense Fund

31. Special Education Cycle:Goal and Objectives • The IEP team should decide how often goals should be reviewed (at a minimum once a year). • Goals and objectives are the major factor in determining placement. An appropriate placement is one in which the student has a reasonable expectation of achieving IEP goals. Disability Rights Education and Defense Fund

32. Special Education Cycle:Placement (and LRE) • IDEA has a strong presumption that children with disabilities be educated in regular classes with their nondisabled peers (least restrictive environment - LRE). • LRE (least restrictive environment) is the requirement that disabled children be educated, to the maximum extent possible, with their nondisabled peers and that special education students are not removed from regular classes unless, even with supplemental aids and services, education in general education classes cannot be achieved satisfactorily. Disability Rights Education and Defense Fund

33. Special Education Cycle:Determining a Child’s LRE • Consider the general education classroom first. • Consider what aids and services would help. Examples include curriculum modification, paraprofessional supports, assistive technology and inclusion specialist support…. Disability Rights Education and Defense Fund

34. Special Education Cycle:Determining a Child’s LRE (cont.) • If the student can be educated satisfactorily in the general education classroom, with supports and services, then that’s the student’s LRE. • If not, consider alternative placements: • special classes • special schools • home instruction • instruction in hospitals and institutions • This can include placement in private schools, if that constitutes FAPE for the child. Disability Rights Education and Defense Fund

35. Special Education Cycle: Placement in the Juvenile Justice Context • Correctional programs may not address the child’s needs arising from his/her disability. • Advocates can help judges see IDEA eligible students from a different perspective. They can present affirmative plans (providing services through an IEP) based upon a child’s legitimate needs. • Advocates can ask the judge to allow the educational services that have been (or can be obtained) through the IEP process to be considered as substitutes for the usual delinquency responses. Judges may be receptive to a suggestion to put the child under probationary supervision, with a condition of probation being participation in a proposed/planned IEP.  Disability Rights Education and Defense Fund

36. Special Education Cycle:Designated Instructional Services (DIS) • Any service or support necessary to help the student benefit from special education. • The student must require the service, not simply benefit from it. • IEP teams are required to identify goals which may be addressed by using assisted technology devices. • All designated instructional services (DIS) must be specifically accounted for in the IEP. The document should specify amounts and provider (ex. SLP, 2x week for 45 minutes). Disability Rights Education and Defense Fund

37. Special Education:Designated Instructional Services (DIS) • Paraprofessional services (aides) are DIS services and must be explicitly listed. • Never allow DIS services to be put in the comments section with “Mom requests…”. That usually means that the child will not get the service. • Most IEP forms have a section that delineates the DIS services for a child. Check it carefully and make sure all necessary DIS services are listed. Disability Rights Education and Defense Fund

38. Special Education Cycle:Designated Instructional Service The term includes: • speech and language pathology and audiology • psychological services • physical and occupational therapy • recreation, including therapeutic recreation • early identification and assessment • counseling, including rehabilitation counseling • orientation and mobility services • medical services for diagnostic or evaluation purposes • school health services • social work services • parent counseling and training Disability Rights Education and Defense Fund

39. Special Education Cycle:Behavior and Discipline • IDEA 2004 places the burden of proof on the parents to prove that the child’s behavior was a manifestation of their disability and that they should not be suspended or expelled as an IDEA eligible student. • A special education student cannot be expelled from more than 10 days without it being considered a change of placement for the child. • If suspensions accumulate to more than 10 days, the student must continue to receive FAPE, although it may occur in an alternative setting. • Students with disabilities cannot be expelled from school unless an assessment has taken place and an IEP team has met to determine whether the conduct was a manifestation of his/her disabling condition. Disability Rights Education and Defense Fund

40. Special Education Cycle:Manifest Determination • At a manifest determination hearing, the IEP must make the following determinations with regard to the relationship between the behavior and the child’s disability: • Did the child’s disability impair his/her ability to understand the consequences of the behavior? • Did the child’s disability impair the ability of the child to control his/her behavior in this instance? • If behavior was a manifestation, the child cannot be expelled. • If behavior was not a manifestation, the child must continue to receive FAPE, albeit in a different setting. Disability Rights Education and Defense Fund

41. Special Education Cycle:Extended School Year and Day • Special education and related services: • beyond the normal school year (ESY) • before or after the normal school day • in accordance with the IEP • at no cost to parents • Services must be provided if the services are necessary to provide FAPE. • Services must meet professional standards. • Services not limited to categories of disability or automatically limited in duration. • Extended School Year is NOT NECESSARILY the same as summer school. Disability Rights Education and Defense Fund

42. Special Education Cycle:Transition Services • Starts when child is 16 years old, and concentrates on preparing for his/her future. • Covers school to post-school activities that include areas such as postsecondary education, independent living, vocational training, and integrated employment. • Based on student needs, considering the student’s interests and preferences. • Includes instruction, related services, community experience, employment and other post-school adult living objectives, and if appropriate, acquisition of daily living skills and functional vocational evaluation. Disability Rights Education and Defense Fund

43. Special Education Cycle:Hints to give Parents for the IEP meeting • Parents can have as many IEP meetings as necessary to decide the issues. • Parents don’t have to sign the IEP. They can sign for part (such as placement and services desired) and not others. Parents can take a copy home and read it over before signing. • Parents can rescind their consent to an IEP later if they change their minds. • Parents have the right to tape the meeting (with prior notice). • Parents have the right to written refusals to requests for services or placements for their child. Disability Rights Education and Defense Fund

44. Special Education Cycle:IEP Signing Options • Received copy of Parent’s Rights. Attended the meeting. • Take home and think about. • No closure this meeting, schedule another meeting. • Consent to the IEP. • Consent to the IEP with exceptions. • Denial of Consent. • Parents can rescind consent of an IEP at any time, although the last signed IEP is not necessarily in effect. Disability Rights Education and Defense Fund

45. Special Education Cycle:Counseling Parents with Conflict Resolution An IEP meeting was held and there is no agreement as to what constitutes FAPE for this child. 1. The first step in advocacy is finding out: WHERE IS THE DATA?? (What is the district basing their decision on). Examine the material that district presented at any IEP meetings. Parents have the right under IDEA and under FERPA (Family Education Rights and Privacy Act) to examine all records the school holds that pertain to their child. There might be additional information YOU HAVE NOT SEEN in the record. • Ask for written responses to requests. You have the right to written notice explaining all the district’s decisions about your child. Disability Rights Education and Defense Fund

46. Special Education Cycle:Advocacy Using Prior Written Notice Under IDEA (34 CFR Section 300.503 and 300.504) A parent has a right to written notice - whenever the public agency proposes of refuses to initiate or change in: • identification • evaluation • educational placement in the provision of FAPE. • This can be a very powerful tool.There is material on prior written notice in packet. Disability Rights Education and Defense Fund

47. Special Education Cycle:Advocacy Using Prior Written Notice Content of notice MUST include: • Proposed or refused action. • Why action is proposed or refused. • Options considered and rejected. • All records used by the district in reaching a decision. • Others factors relevant to proposal or refusal. • Where parents may obtain procedural safeguards. • Who parents can contact about understanding their rights. • Be understandable to the parent and in native language. Disability Rights Education and Defense Fund

48. Special Education Cycle:Conflict Resolution Options • Mediated/Facilitated IEP. • Pre-due process mediation. • Bringing in more stakeholders such as district superintendent or school board members. Parent can request additional support by district personnel. • Compliance Complaint at district level. • Fact Finding through getting additional assessments or observations (such as a referral to the Diagnostic Center), or closer review of documentation by the team. Disability Rights Education and Defense Fund

49. Special Education Cycle:Procedural Safeguards Notice Procedural safeguards notice must be given upon : • Initial referral for evaluation • Notification of an IEP meeting • Reevaluation • Receipt of request for due process hearing Contents of notice: A full explanation of specific procedural safeguards and state complaint procedures must be available to parents. Notice must be in understandable language. Disability Rights Education and Defense Fund

50. Special Education Cycle :Formal Problem Solving • Compliance Complaint to your district, to California Department of Education (CDE) or to the Office of Civil Rights (OCR). • Mediation • Due Process Hearing • School districts sometimes offer pre due process mediation (also called alternative dispute resolution) but such mediation is purely voluntary. This form of mediation does not allow a parent to use ‘stay put’ (stay put is a request for the California Department of Education for a student to remain in his/her current placement while issues are resolved). Disability Rights Education and Defense Fund