Special Education & Parents’ Rights
Agenda:
6:00
Introduction: Special Education and the
New Orleans Educational Landscape
TIERS
6:20
Parents’ Rights & IDEA
Rachel Stafford
6:45
Enrollment and Special Education
Gabriela Fighetti
7:00
Louisiana Department of Education
Special Education Dispute Resolution
Process
Lerone Crayton
7:15
Advocacy Resources Available to Parents
TIERS
Introduction:
Special Education & The New Orleans
Educational Landscape
Presented by Teams Intervening Early
to Reach all Students (TIERS)
Who We Are
What We Do
Provide
• Professional Development
• Coaching
• Technical Assistance
W. Alan Coulter, Ph.D.
Jennifer Maynard, Ph.D.
Help schools expand their
capability to improve results
for students served by
Special Education programs
Charter Schools &
Special Education
Services
Parents’ Rights & IDEA
Presented by Rachel Stafford
Executive Director, Special Services
Recovery School District
Provide general information regarding special education
rights under federal and state law to assist parents in
advocating for their child.
IDEA
– Individuals with Disabilities Education Act
– The federal law that governs special education
and related services is the Individual with
Disabilities Education Act (IDEA).
– IDEA emphasizes the provision of Free
Appropriate Public Education (FAPE)
IDEA 2004
Six Main Principles
IEP
Least
Restrictive
Environment
Procedural
Safeguards
IDEA
2004
Parent and
Student
Participation
Evaluations
Eligibility
Eligibility
Children (birth through the end of the school year in which they turn age 21)
with the following disabilities may be eligible for special education:
– Mental disability;
– Hearing impairments (including deafness);
– Speech or language impairments;
– Visual impairments (including blindness);
– Emotional disturbance;
– Physical or Orthopedic impairments;
– Autism;
– Traumatic brain injury;
– Multiple disabilities;
– Developmental Delay (3-8);
– Other health impairments (e.g., ADHD, Tourette's, HIV);
– Specific learning disabilities; or
– Deaf-blindness
Evaluations-Consent
• Must obtain consent from parent before conducting initial
evaluation and before providing initial services.
20 U.S.C. 1414(a)(1)(D); 300.300; Bulletin 1706 §301
Special Education
• Specially designed instruction, at NO COST TO THE PARENT,
designed to meet the unique needs of a child with a disability.
– Includes: (1) special classroom instruction; (2) special physical
education and (3) special vocational education (depending on
child’s needs).
– If child cannot attend school, special education may be
delivered at home or in the hospital.
– May also include speech-language pathology services, or any
other related service, if the service is considered special
education rather than a related service under State services.
20 U.S.C. 1401(29); §300.39(a); Bulletin 1706 §903
Special Education
Specially designed instruction – means adapting the content,
delivery, or methodology as appropriate to
(1) address the needs of an eligible child that result
from the child's disability; AND
(2) ensure access of the child to the general
curriculum, so that the child can meet the
educational standards that apply to all
children.
20 U.S.C. 1401 (29); §300.39(b)(3); Bulletin 1706 §903
Special Education
• Related Services – services required to assist a child with a
disability to benefit from special education.
Including, but not limited to,
Early identification and assessment
Orientation and mobility services
Transportation
Social work services
Speech-language pathology
Medical and school health services
Interpreting services
Counseling
Psychological services
Audiology
Physical and occupational therapy
20 U.S.C. 1401 (26); §300.34(a); Bulletin 1706 §903
IEP
Individualized Education Program (IEP)
means
“a written statement for each child with a
disability that is developed, reviewed and
revised.”
20 U.S.C. 1414(d)(1)(A); §300.320; Bulletin 1706 §320
IEP
• An IEP must contain the following
information:
– Child’s disability;
– Child’s present level of academic
achievement and functional performance;
and
– Measurable annual goals, including
academic and functional goals.
20 U.S.C. 1414(d)(1)(A) and (d)(6); §300.320(a); Bulletin 1706 §320
Measurable Annual Goals
• The goals should be designed to enable the child to be
involved in and make progress in the general education
curriculum and include the following:
– A statement of how the child’s progress will be
measured.
– A statement of when progress reports will be provided.
– A statement detailing accommodations needed.
– Explanation of the extent, if any, to which child will not
participate with nondisabled children in the regular class
or activities.
§300.320(a)(2); Bulletin 1706 §320
IEP Development, Review, and
Revision
• IEP Review and Revision
– Review at least annually to determine if annual goals for the
student are being achieved; and
– Revise the IEP, as needed, to address
• The lack of expected progress towards the child’s annual
goals
• Results of any reevaluation
• Information about the student provided to, or by, the
parents
• The student’s anticipated needs
– During review, regular education teacher must participate in
the review and revision of the IEP.
Bulletin 1706 §324(A)
IEP Team
Required
•
•
•
•
•
•
Parent/Guardian;
At least one general education
teacher (if the child is, or may be
participating in the regular
education environment)
At least one special education
teacher
A representative of the school
system, who knows about special
education, the general curriculum,
and the availability of services.
At least one member who can
interpret evaluation results.
When appropriate, the student
with a disability.
Optional
•
•
•
•
•
•
School Psychologist
Social Worker
Occupational Therapist
Speech/Language Therapist
Physical Therapist
Student with a disability
Team Cont’d
• Under IDEA 2004, members of an IEP
team may be excused from the meeting
only when the parent and the school
agree IN WRITING.
• If a team member is excused from the
meeting, the parent & school must get
WRITTEN input before the meeting.
20 U.S.C. 1414(d)(1)(B)-(d)(1)(D); §300.321; Bulletin 1706 §321 (E)
Least Restrictive Environment
(LRE)
• Students with disabilities must be educated with
non-disabled peers to the maximum extent possible;
AND
• Special classes, separate schooling or other removal
of children with disabilities may occur ONLY IF the
nature or severity of the disability prevents the
education in regular classes with the use of
supplementary aids and services.
20 U.S.C. 1412 (a)(5); §300.114(a); Bulletin 1706 §114
LRE CONT’D
• Continuum of Placements - The more the child’s education occurs
only with other students with disabilities, the more restrictive the
placement is.
• The school system must try to meet your child’s needs in a less
restrictive setting with supplementary aids and services, as well as
provide programmatic supports and modifications for school
personnel.
• There is a continuum of placements ranging from a regular
education classroom (LRE) to home and hospital instruction (most
restrictive).
20 U.S.C. 1412 (a)(5); §300.114, §300.116; Bulletin 1706 §114
Discipline
• Manifest Determination Review (MDR)
– Within 10 school days of any decision to change the
placement of a child with a disability because of a violation
of the code of student conduct.
• Notice of discipline action pursuant to MDR must be
provided to parents of child with a disability.
300.503(h).
Bulletin 1706 §530
Procedural Safeguards
LDOE Parent’s Rights Handbook is
available online!
Please visit rsdcharters.org
For Questions or Concerns,
Please Contact:
Executive Director of Special Services
Rachel E. Stafford, Esq.
rachel.stafford@rsdla.net
504.373.6200, ext. 20044 (o) 504.717.9628 (m)
Enrollment & Special Education
Presented by Gabriela Fighetti,
Executive Director of Enrollment
Recovery School District
Louisana Department of Education
Special Education Dispute Resolution
Process for Parents
Presented by Lerone Crayton
Special Education Specialist, Charter Oversight
Recovery School District
Special Education
Dispute Resolution Process
for Parents
What if my student is not getting the
special education services s/he is entitled
to?
You have the right to voice your concern.
First, try collaborating with your school.
Try working it out with school leaders and
teachers. Many concerns can be solved quickly
at the school level.
I’ve tried talking about it with the school…
now what?
If your concerns are not addressed even after
you’ve talked to your school, you have the
option of filing a complaint with the Louisiana
Department of Education.
4 Steps to Filing a Formal Complaint
Send a signed, written complaint to LDE and your school
via mail, email, or fax. Describe your issues in detail.
1.
2.
3.
The school is given 15 days to respond with a solution.
LDE then has 45 days to launch an investigation and
issue a decision to you and to the school.
4.
If you disagree with the decision, you may request a
reconsideration of the findings in writing to LDE within 10
days of receiving the report.
Who do I contact at the LDE?
Ty Manieri
P.O. Box 94064
Baton Rouge, LA
tyrell.manieri@la.gov
225.342.3572 (phone)
225.342.1197 (fax)
For more information about IEP
Facilitation or Mediation, visit:
www.louisianabelieves.com
Advocacy Resources Available to Parents
Presented by Teams Intervening Early
to Reach all Students (TIERS)
New Orleans Parent Resource and
Advocacy Centers
Thank you!
We encourage you to have refreshments and
connect with the presenters and other parents.
Also, don’t forget to take our exit survey before
you leave. Thank you!