Individuals with Disabilities Education Act IDEA 2004 Entitlement Under Equitable Participation (EP) Students Voluntarily Enrolled in Private Schools Resource Guide October 2014 Is your child having difficulty in school? Has your child been identified as needing special education services? If you believe that your child may be in need of special education services, an evaluation process to access your child’s needs is available to you at no cost through the school district in which you live. Special education services often involve adapting materials and modifying instruction to better meet your child’s specific learning/behavior needs. If you request an evaluation, a team of experts trained in assessing children will determine if your child has a disability and, if so, is in need of special education and related services. You are an important member of your child’s evaluation team. Before the school district proceeds with an evaluation, it will notify you in writing (Permission to Evaluate) of the specific types of tests and procedures it plans to use, and of your rights throughout this process. The evaluation cannot be scheduled until you sign the written notice, indicating that you consent to the proposed testing and assessments, and return the notice to the school. Only a parent, guardian, or surrogate can grant permission to evaluate a student. If, after the evaluation, your child is found to have a disability and to need special education and related services, the public school will offer to write an Individualized Education Program (IEP). An IEP is a written document that specifically describes the special education services your child needs. The services in the IEP will be offered to your child in a public school placement. This offer is referred to as Free Appropriate Public Education (FAPE). If you wish to accept this offer, you will have to enroll your child in the public school. 1 It may also be possible to dual enroll your child so that your child attends the nonpublic school for part of the day and the public school for part of the day. If you choose to have your child remain in the nonpublic school, you have the right to decline the developed IEP and request consultation services through Equitable Participation (E.P.). Please see pages for the currently available E.P. services for eligible NEIU 19 nonpublic school students. If your child has already been evaluated and offered services in an IEP, and you chose not to accept the services, communicate this to your child’s principal. Again, your child may still be eligible for certain services. If you are interested in finding out more about the special education process, please speak with your child’s principal. For additional information, feel free to contact the school district in which you live, as listed on this brochure. 2 The Multidisciplinary Evaluation (MDE) The purpose of the MDE is to determine if the student is: • Eligible for Special Education by meeting one of the thirteen disability categories and needing specially designed instruction; or • Not eligible for special education. The 13 Special Education Categories (see page 4-7 for expanded descriptions) • Autism • Orthopedic impairment • Deaf-Blindness • Other health impairment • Deafness • Specific learning disability • Emotional disturbance • Speech or language impairment • Hearing impairment • Traumatic brain injury • Mental retardation • Visual impairment including blindness • Multiple disabilities The Multidisciplinary Team The evaluation is completed by a Multidisciplinary Team (MDT) minimally consisting of: • A certified school psychologist • The parent(s) • The child’s regular teacher (at the nonpublic school) • A representative of the public agency who: a) is qualified to provide, or supervise the provision of specially designed instruction to meet the unique needs of children with disabilities b) is knowledgeable about the general curriculum c) is knowledgeable about the availability of resources of the public agency • An individual who can interpret the instructional implications of evaluation results • Other qualified professionals, as appropriate • There is a thirty day timeline between the Multidisciplinary Team meeting and IEP meeting unless the parent waives this timeline in writing. 3 The Individual Education Plan (IEP) Team The required IEP team members are: • The parent • LEA • Regular education teacher (required) • School psychologist or related services (optional) • Other qualified professionals as appropriate Evaluation Timelines The public agency has 60 calendar days to: • complete the evaluation • write the report • provide the report to the parents Private Schools Served Any elementary or secondary private school student whose home (resident) school district is within the 20 member districts that comprise the NEIU 19 in the following counties: Lackawanna, Wayne, Wyoming and Susquehanna is eligible for an evaluation provided by the public school district of residence. Special Education Disabilities Autism Means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age 3, that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. The term does not apply if a child’s educational performance is adversely affected primarily because the child has an emotional disturbance as defined below. A child who manifests the characteristics of “autism” after age 3 could be diagnosed as having “autism” if the criteria mentioned above are satisfied. 4 Deaf-Blindness Means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness. Deafness Means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child’s educational performance . Emotional Disturbance The term means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance: an inability to learn which cannot be explained by intellectual, sensory or health factors; an inability to build or maintain satisfactory interpersonal relationships with peers and teachers; inappropriate types of behavior or feelings under normal circumstances; a general pervasive mood of unhappiness or depression; a tendency to develop physical symptoms or fears associated with personal or school problems. The term includes schizophrenia. The term does not apply to students who are socially maladjusted, unless it is determined that they have an emotional disturbance. Hearing Impairment Means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child’s educational performance, but that is not included under deafness in this section. Mental Retardation Means significantly sub average intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period that adversely affects a child’s educational performance. 5 Multiple Disabilities Means concomitant impairments, such as mental retardation-blindness, mental Retardation-orthopedic impairment, etc., the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. The term does not include deafblindness. Orthopedic Impairment Means a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes impairments caused by a congenital anomaly (e.g., club foot, absence of some member, etc.) impairments caused by some disease (e.g., poliomyelitis, bone tuberculosis, etc.), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures). Other Health Impairment Means limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment that — (i) is due to chronic or acute health problems, such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia nephritis, rheumatic fever, and sickle cell anemia; and (ii) adversely affects a child’s educational performance. Specific Learning Disability The term means a disorder in one or more of the basic psychological processes involved in understanding or using language, spoken or written, that may manifest itself in an imperfect ability to listen, speak, think, read, write, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Disorders not included are learning problems that are primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage. 6 Speech and Language Impairment Means a communication disorder, such as stuttering, impaired articulation, a language impairment, or voice impairment, that adversely affects a child’s educational performance. Traumatic Brain Injury Means an acquired injury to the brain, caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance. The term applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing and speech. The term does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma. Visual Impairment Including Blindness Means impairment in vision that, even with correction, adversely affects a child’s educational performance. The term includes both partial sight and blindness. 7 IDENTIFY - ELIGIBLE FOR SPECIAL EDUCATION Once the Evaluation Team (the parent is part of this team) has determined the child to be eligible and in need of special education services, the parent then has 3 choices. The choices are: 1. Public School - Full Time Enrollment - Free Appropriate Public Education (FAPE) a. School District writes an Individual Education Plan. (IEP) b. School District provides parent(s) with Notice of Recommended Educational Placement. (NOREP) 2. Public School - Dual Enrollment- A PA. Specific Option a. After an evaluation, an offer of FAPE, and declining the FAPE offer in the public school a parent may request specific services under Dual Enrollment. The school district must respond to the request for dual enrollment but this does not constitute an "IEP" or offer of Special Education services. A district is not obligated to write an IEP for dual enrollment. b. A district must offer dual enrollment if requested with two exceptions; 1) the dual enrollment would require the district to displace a regular education student or, 2) the cost would be so prohibitive as to make the offer impossible. Transportation is not a requirement for dual enrollment. c. It is also possible the district would dually enroll the child in the school district with an IEP. In these cases since the district is offering an IEP and FAPE (even through not required) if the IEP included transportation as a related service it would be required. School District will issue a Notice of Recommended Educational Placement (NOREP) to parent(s) in this option. 3. Private School - If parent refuses Free Appropriate Public Education (FAPE) then student remains in the Private School. a. Parent should indicate in writing their refusal of FAPE and declining an IEP. b. A Notice of Recommended Educational Placement (NOREP) will be issued indicating that the student is eligible but the parents are declining FAPE to remain in the Private School. c. If a parent chooses equitable participation they need to contact the principal, a referral will be initiated to the NEIU 19. If the direct or related services your child needs are part of the consultation agreement then a service plan will be developed and implemented. Development of this plan and implementation of the services is the responsibility of the NEIU 19 and the private school where the student attends. 8 SPECIAL EDUCATION PROGRAM/SERVICE PLAN Chapter 14 Option 1 Chapter 14 Option 2 Full Time Enrollment in Public School Dual Enrollment in Public School/Private School FAPE Not FAPE Full Time Enrollment in Public School An Individualized Education Plan (IEP) will be written A Notice of Recommended Educational Placement (NOREP) will be provided by the district. A Free and Appropriate Public Education (FAPE) is offered and accepted. Full Special Education Funding Part Time Enrollment in Public School A dual enrollment Service Plan may be written by the district (optional) A Notice of Recommended Educational Placement (NOREP) will be provided by the district. ***District writes an IEP only when FAPE is offered under dual enrollment, related services such as transportation are then district responsibility*** Full Special Education Funding for IEP portion IDEA 04 Option 3 Provide Equitable Participation (E.P.) Services at Private School Not FAPE Referral will start with building administrator and the FAPE on-line referral process. NEIU 19 will develop EP Service plan, will include the services agreed upon by the Private Schools No NOREP (Notice of Recommended Educational Placement) No IEP A percentage of IDEA Funds Based on Proportionate Share until 9 Expended Services Provided in the Nonpublic School IDEA 2004 Equitable Participation (E.P) Services NEIU 19 and nonpublic school representatives consulting together make annual decisions regarding the E.P. services to be provided within the funding allocation. The following services are available under IDEA for students with disabilities: 1. Hearing 2. Vision 3. Speech • E.P. is not an individual entitlement to Free and Appropriate Public Education (FAPE). Students with disabilities enrolled by their parents in nonpublic schools do not have an individual right to receive the services they would have received in public schools. • If E.P. funds are exhausted before the end of the school year, no additional services are required to be provided. However, IDEA 2004 does not prohibit state or local districts from providing more services than required. • Due Process Hearing procedures do not apply. Parents have the right to file a complaint with the State Bureau of Special Education consult line 1-800-879-2301 or file an appeal with the Federal Office of Special Education Programs. • Equitable Participation regulations for a student with a disability voluntarily enrolled by their parents in nonpublic schools can be found in 34 CFR§300.450– 300.462 of IDEA 2004. Even if your child does not qualify for services, the following may be available to your child through Regular Education Supportive Services in the nonpublic school: NEIU 19 services provided included but not limited to are: • Act 89 (State Guidelines) Remedial Reading /Math*Elementary/High School Counseling*Dibels Testing* Data Teams 10 Abington Heights School District Blue Ridge School District Dr. Fran Rassouli, LEA 200 E. Grove St. Clarks Summit, Pa. 18411 570.586.8278 rassoulif@ahsd.org Mrs. Barbara McCain, LEA 5058 School Road New Milford, PA Carbondale Area School District Dunmore School District 570) 465-3141 mccainb@brsd.org Ms. Angela Geyer, LEA 101 Bbrooklyn Street Carbondale Pa 18407 (570) 282-5656 Angela.Geyer@ca.k12.pa.us Ms. Frances Loughney, LEA Quincy Ave & Warren St Dunmore, Pa 18512 (570) 207-9590 loughneyf@dunmoreschooldistrict.net Elk Lake School District Forest City Regional School District Ms. Pam Staats, LEA PO Box 100 Dimock, Pa 18816 (570) 278-1106 pamela.staats@elklakeschool.org Ms. Donna Potis, LEA 100 Susquehanna Street Forest City, Pa 18421 (570) 785-2444 dpotis@fcrsd.org Lakeland School District Lackawanna Trail School District Ms. Gena Grum Bensinger, LEA 1355 Lakeland Drive Jermyn, Pa 18433 (570) 254-9485 gbensinger@lakelandsd.org Ms. Stephenie Russell, LEA PO Box 85 Factoryville, Pa 18419-0085 (570) 945-5184 russells@ltsd.org Mid Valley School District Montrose Area School District Ms. Debra Demming, LEA 52 Underwood Road Throop, Pa 18512 (570) 307-2165 ddemming@mvsd.us Ms. Kelly-Jo Riker, LEA 273 Meteor Way Montrose, Pa 18801 (570) 278-6219 kriker@masd.info Mountain View School District North Pocono School District Ms. Gail Wnorowski. LEA 11748 State Route 106 Kingsley, Pa 18826 (570) 434-2181 gwnorowski@mvsd.net Ms. Carole Myron, LEA 701 Church Street Moscow, Pa 18444 (570) 842-3957 cmyron@npsd.org 11 Old Forge School District Riverside School District Ms. Vanessa Nee, LEA 300 Marion Street Old Forge, Pa 18518 (570) 457-6721 vanessa.nee@ofsd.cc Mr. Michael Cole, LEA 300 Davis Street Taylor, Pa 18517 (570) 562-2121 mcole@riversidesd.com Scranton School District Susquehanna Community School District Ms. Gina Colarossi, LEA 425 North Washington Avenue Scranton, Pa 18503 (570) 348-3492 gina.colarossi@scrsd.org Ms. Joni Miller, LEA 3192 Turnpike Street Susquehanna, Pa 18847 (570) 853-4921 jmiller@scschools.org Valley View School Disrtrict Wallenpaupack Area School District Ms. Donna Carey, LEA 1 Columbus Drive Archbald, Pa 18403 (570) 876-5080 dcarey@valleyviewsd.org Ms. Gwyn Devendorf, LEA 500 Academy Street Hawley, Pa 18428 (570) 226-4557 devendgw@wallenpaupack.org Wayne Highlands School District Western Wayne School District Ms. Amanda Kerna, LEA 474 Grove St Honesdale, Pa 18431 (570) 253-3402 kerna.amanda@waynehighlands.org Ms. Tanya Carrelle, LEA 1970c Easton Turnpike Lake Ariel Pa 18436 1-800-321-9973 OPTION 5 TCarrelle@westernwayne.org Fell Charter School Howard Gardner Mi Charter School Ms. Mary Jo Walsh, LEA 777 Main Street Simpson Pa 18407 (570) 282-5199 mjwalsh@fellcharter.com 1615 E Elm Street Scranton, Pa 18505 (570) 941-4100 info@myhgsd.com 12 Glossary of Special Education Terms CHAPTER 14: The state law pertaining to the delivery of special education services and programs. It is called a regulation or sometimes called a rule. CHILD WITH A DISABILITY: A child evaluated as having mental retardation, a hearing impairment including deafness, a speech or language impairment, a visual impairment including blindness, emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, another health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, as a result of the disability, needs special education and related services. DUE PROCESS: The procedures that parents can use to disagree with the decisions of school district officials concerning special education. The parent is informed of this right by written notice, which describes the options of a prehearing conference, a formal hearing, and appeals. EVALUATION: The process used to determine if a child has a disability and if special education is needed. The evaluation looks at how the child learns, the kinds of instruction that would be successful and the kinds of instruction that have been tried and have not resulted in success. EVALUATION REPORT (ER): The report that is compiled and written by the evaluation team (which includes parents) following an evaluation. It contains all of the information gathered from the team members, including the results of assessment. From the report, the evaluation team determines that student’s eligibility and need for special education programs. EVALUATION TEAM: A team of educators, other professional individuals, and the child’s parents who review all formal testing of a child and all other evaluation materials. The evaluation team must issue a written report stating if the child is a child with a disability who needs special education and making suggestions about the programs and services needed. FREE APPROPRIATE PUBLIC EDUCATION (FAPE): A program of education and related services for a child with a disability that is designed to meet the child’s special education needs and which allows the child to make meaningful progress in the educational setting. It is provided without charge to parents. INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA 2004): The federal law which governs the provision of special education services and the rights of parents of a child with a disability. 13 INDIVIDUAL EDUCATION PROGRAM (IEP): The plan written by the IEP team (including parents) that specifically describes the programs and services necessary for a free appropriate public education for the child with a disability. MULTIDISCIPLINARY TEAM (MDT): A group of professionals and parents who come together to provide assessment and consultation to determine whether a child is eligible for special education by meeting one of the thirteen disability categories and needs specially designed instruction or not eligible for special education. NOTICE OF RECOMMENDED EDUCATIONAL PLACEMENT (NOREP): The form issued to parents to inform them of the placement recommended by the IEP team. RELATED SERVICES: Services necessary to provide specially designed instruction to ensure the child benefits from the special education programs. Examples are special transportation, counseling, school health services and physical therapy. SPECIAL EDUCATION: An educational program individually designed to meet the unique education needs for a child with a disability. A special education professional is directly involved as either a consultant or a provider of services. SPECIALLY DESIGNED INSTRUCTION: Adapting the content, methods or delivery of the instruction as is appropriate based on the unique needs of the child with a disability. TRANSITION SERVICES: Specific planning in school that helps to prepare students with disabilities to participate more effectively in higher education or job training, community participation, independent living, continuing and adult education, and employment when they leave school. NEIU 19 1200 Line St. Archbald, Pa. 18403 570.876.9200 14 Sample Parent Letter Requesting an Evaluation For a Student Voluntarily Enrolled in a Private School Your Address Your Phone Number Date Director of Special Education Your Child’s Public School District of Residence Address Dear _____________________: I am the parent of __________________________, whose date of birth is _____________________. My child currently attends ___________________________________School in __________________________. My child is experiencing significant learning problems in school and I am, therefore, requesting that a complete Multidisciplinary Evaluation (MDE) be done to determine whether my child qualifies for special education according to Federal and State statutes (IDEA2004 and Chapter 14). Please send me the written notice of parental consent so that the evaluation may proceed. I understand that the MDE will be completed within 60 calendar days of your receipt of my signed consent. Thank you. Sincerely, Your Name 15 DISTRICT LETTERHEAD ER Follow-up Action Form Name of Student: ____________________Meeting Date: ___________________ Parent Name: _______________________ School District: __________________ Address: ___________________________ Phone: _________________________ An Evaluation Report (ER) has been developed in accordance with your request for an evaluation of your child. As your child has been found to have a disability and in need of special education and related services, (s)he is entitled to a Free Appropriate Public Education (FAPE) and an Individual Education Plan (IEP). Should you choose to keep your child in the private school, you may waive the writing of an IEP and request that a Services Plan be developed to assist the private school in meeting those needs stated in the ER. Please consider the following options and indicate your decision. The ER has been reviewed with me. I am interested in enrolling my child in the public school district and would like to proceed with the writing of an IEP for my child. The ER has been reviewed with me. I am interested in dual enrollment and would like the district to write a dual enrollment service plan. Services will be delivered in the public school. The ER has been reviewed with me. I choose to continue my child’s education in the private school. The school district has offered to make FAPE available; however I elect to decline FAPE and the development of an IEP for my child. I would like information about Equitable Participation Services for my child. I do not want information on the Equitable Participation Program at this time. LEA Signature _______________________________Date ___________________ Parent Signature _____________________________Date ___________________ 16 District Letterhead FAPE Refusal Letter Name of Student:____________________________ Meeting Date:_______________________________ Parent Name:_______________________________ School District:______________________________ Address:___________________________________ Phone:____________________________________ I have met with the IEP Team that has developed an IEP that describes a Free Appropriate Public Education (FAPE) for my child. However, I am electing to decline FAPE and continue his/her present enrollment at ___________________________ located in _____________________________, PA. I understand that my child has the right to return to the school district’s program until he/she reaches the age of 21. _____ I would like information about Equitable Participation Services for my child. _____ I do not want information on the Equitable Participation Program at this time. Parent’s Signature Date 17 NEIU19 Northeastern Educational Intermediate Unit Service Plan for Equitable Participation 1200 Line Street Archbald, PA 18403-1918 (570) 876-9200 Fax (570) 876-8662 Clarence R. Lamanna, Ed.D. Executive Director Mary Ann Cartegna Director of Special Education Student Name: Click here to enter text. Date of Birth: Click here to enter text. Sex: Click here to enter text. Student Address: Click here to enter text. Parent/Guardian:Click here to enter text. District of Residence: Click here to enter text. Parent Address (if different): Click here to enter text. Home Phone: Click here to enter text. Work Phone: Click here to enter text. Private School: Click here to enter text. Grade: Click here to enter text. Teacher: Click here to enter text. Date of Meeting: Click here to enter text. Type of Meeting: ☐Initial ☐Annual Review ☐ Revision PRESENT LEVELS OF ACADEMIC ACHIEVEMENT AND FUNCTIONAL PERFORMANCE: Click here to enter text. SERVICE PROVIDED: __ ______________________ RECOMMENDED SPECIAL EDUCATION SERVICES: SERVICES LOCATION FREQUENCY PROJECTED PROJECTED START DATE END DATE Click here to Click here to Click here to Click here to Click here to enter text. enter text. enter text. enter text. enter text. Click here to Click here to Click here to Click here to Click here to enter text. enter text. enter text. enter text. enter text. Click here to Click here to Click here to Click here to Click here to enter text. enter text. enter text. enter text. enter text. Click here to Click here to Click here to Click here to Click here to enter text. enter text. enter text. enter text. enter text. MODIFICATIONS AND SPECIALLY DESIGNED INSTRUCTION (for classroom and assessments) 18 MODIFICATIONS/SD LOCATION FREQUENCY Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. PROJECTED START DATE Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. PROJECTED END DATE Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. MEASURABLE ANNUAL GOALS (for direct service only) ANNUAL GOAL: Click here to enter text. PROGRESS REPORT: Click here to enter text. ANNUAL GOAL: Click here to enter text. PROGRESS REPORT: Click here to enter text. PARTICIPANTS______________ NAME ________ SIGNATURE PARENT ___________________________________________________________ PARENT ____________________________________________________________ ADMINISTRATOR ____________________________________________________________ TEACHER ____________________________________________________________ NEIU STAFF ____________________________________________________________ NEIU STAFF ____________________________________________________________ OTHER ____________________________________________________________ 19