SEAT TRAINING SYLLABUS OVERVIEW The Special Education Advocate Training (SEAT) is a year-long course that provides participants with training to become a special education advocate using a web-based curriculum and distance learning. This is an exciting adventure in training a diverse group of special education advocates, and we are looking forward to a rich and rewarding experience. This training is the equivalent of two very challenging college courses. The course is being offered as a combination of self-paced web learning, readings, group and individual assignments as well as live virtual classrooms. This syllabus lays out the assignments required for each topic and the time/dates of the virtual classes. Participants are expected to complete work before the virtual classes to be able to participate fully in discussions. If an issue arises that prevents this from happening, participants should contact the Instructor(s) to discuss options. Note: Additional assignments, tests, and quizzes will be assigned throughout the course. TEXTBOOK A Practical Guide to Special Education Advocate Training, Barbara Wheeler and Denise Marshall. (SEAT Reader) (provided) Negotiating Genius, D. Malhotra and M. Bazerman, Harvard, 2007. (optional/recommended. Participants must purchase separately) Part I - Legal Foundations of Special Education Advocacy Week 1 Introduction to Special Education Advocacy Friday, November 15, 2013 Live Class (Webex Online Meeting Room) Instructor(s): Assignments Prior to Class 1|P age TBD SEAT Reader, pp. 1-16 SmarterU Self-Study Module - Introduction to Special Education Advocacy Learner Objectives The Special Education Advocate will: 1. Understand Organization and Expectations of SEAT 2. Review Discussion Group Format/Expectations 3. Discuss the scope of work for the special education advocate 4. Discuss the positions/career paths of advocates 5. Review of the syllabus, assignments, contacting Instructor(s) 6. Understand requirements and structure of practicum Week 2 Structure of US Government: Statutes, Regulations, Case Law and Administrative Decisions SELF-STUDY MODULE DISCUSSION GROUP - Friday, November 22, 2013 Facilitator(s): Assignments SEAT Reader, pp. 15-32, SmarterU Self-Study Module –Laws and the Government Learner Objectives The Special Education Advocate will: 1. Describe how federal law is implemented within states and the impact of state-specific laws and regulations. a. Describe the interface of federal and state laws, i.e., conformity and preemption b. Identify and describe State special education code/laws/regulations that significantly add to the rights conferred by IDEA. c. Identify procedural rules specific to the local jurisdiction. 2. 2|P age d. Identify and describe types of other relevant state processes, agencies, and agency responsibilities that affect access to related services for school-aged children (primary source), e.g., access to mental health services, medical/health services, technology, etc. Describe the difference between laws, statutes, regulations, case law and policy November 29th – NO CLASS – Happy Thanksgiving!! Week 3 Historical Perspective: Key Laws Impacting Educational Rights (504, ADA, IDEA, NCLB) LIVE CLASS: FRIDAY, DECEMBER 6, 2013 Webex Online Meeting Room Instructor(s) TBD Assignments Prior to Class Seat Reader - - pp. 33-51 Watch Video – Celebrating 35 Years of IDEA http://www.youtube.com/watch?v=DUn6luZQaXE COPAA Recorded Webinar: Reduced Special Education Law: A Little of Everything You Need to Know in 90 minutes or Less, Mathew Cohen, Esq. COPAA Recorded Webinar: Expanding Your Arsenal with 504, Mandy Favaloro, Esq. and Carolina Watts Learner Objectives The Special Education Advocate will: 1. Describe the historic basis of special education rights 2. Describe the key federal law (primary resource) (Civil Rights Act of 1964, PL 94-142/IDEA, Section 504 of the Rehab Act, ADA, FERPA/HIPPA, NCLB) as follows: a. Provide an overview and purpose of each law. b. Compare and contrast these laws and how they can be utilized to access special education supports and services 3. Describe key landmark court decisions underlying special education law (Brown v. board of Education, PARC v. Pennsylvania, Mills v. Board of Education of the District of Columbia). 3. Describe the legal foundation and broad mechanisms for procedural safeguards under IDEA and Section 504 and how states may differ in implementation a. An overview of Procedural Safeguards b. Complaint Filing. 3|P age c. One/two-tier Due Process/Formal Hearings d. Statutes of limitations Week 4 Legal Research and Writing Self-Study Module DISCUSSION GROUP - FRIDAY DECEMBER 13, 2013 Webex Online Meeting Room Facilitator(s): Assignments SEAT Reader pp. 52 -60 SmarterU - Online Module COPAA Recorded Webinar - Research without Resources, Utilizing the TA&D Network Presenters: Susan Bruce and Mary Eaddy Class Assignments: 2-F Legal Research Homework Learner Objectives The Special Education Advocate will: 1. Distinguish between primary and secondary sources of law as authority (i.e., state and federal policy letters, expert opinions, etc.). 2. Research a specific topic within the law using a variety research methods. 3. Locate and provide a minimum of two (2) secondary sources on a designated topic (i.e., state and federal policy letters, or expert opinions). Week 5 Fundamentals of IDEA LIVE CLASS: DECEMBER 20, 2103 Webex Online Meeting Room Instructor(s) Assignments Prior to 4|P age TBD SEAT Reader, pg. 63-81 Class Review: Access to the General Curriculum for Students with Disabilities: A Discussion of the Interrelationship between IDEA 2004 and NCLB, available at: http://aim.cast.org/learn/historyarchive/backgroundpapers/interrelations hip_idea04_nclb and Rowley Standard: Some Progress versus Meaningful Progress, available at: http://factmo.org/2011/09/rowley-standard-some-progressversus-meaningful-progress/ IEE " Independent Educational Evaluations: What? How? Who Pays?" Wayne Steedman, Esq., http://www.wrightslaw.com/info/test.iee.steedman.htm Learner Objectives The Special Education Advocate will: 1. Define the following ESSENTIAL PRINCIPLES/COMPONENTS of special education law and give examples of each: a. Zero reject b. Non Discriminatory Evaluations c. Free and Appropriate Public Education d. LRE i. Accommodations and Modifications ii. Supplemental Aides and Services e. Procedural Due Process f. Parent participation NO CLASS DECEMBER 27 and January 3rd. Happy Holidays Week 6 Fundamental of IDEA: Free and Appropriate Public Education (FAPE) Self-Study Module DISCUSSION GROUP FRIDAY JANUARY 10, 2014 Webex Online Meeting Room Facilitator(s): 5|P age Assignments SEAT Reader, 83-115 Smarter U – Fundamental of IDEA: Free and Appropriate Public Education FAPE Advocate Academy Webinar, "Extended School Year Services: What Special Education Advocates Need to Know",Scott F. Johnson, Esq. Learner Objectives Week 7 Fundamentals of IDEA: Least Restrictive Environment LIVE CLASS: JANUARY 17, 2014 Webex Online Meeting Room Instructor(s): TBD Assignments Prior to Class SEAT Reader, pp. 119-133 Least Restrictive Environment Case Law(teacher perspective) http://www.youtube.com/watch?v=PrTTpHbkQDA "Board of Education, Sacramento City School District v. Rachel Holland" http://www.kidstogether.org/right-ed_files/rachel.htm COPPA Webinar: Least Restrictive Environment: The Intersection of Research and Law: Selene A. Almazan, Esq. Learner Objectives The Special Education Advocate will: 1. Learn the statutory requirements for Least Restrictive Environment 2. Understand the Intersection of Research and Law for LRE 3. Learn key court cases interpreting the law. 4. Name and describe the continuum of OPTIONS for PLACEMENT under the IDEA and within the SEA. Week 8 Individuals with Disabilities Education Act - Part C Webex Online Meeting Room FRIDAY JANUARY 24, 2014 Facilitator(s): TBD Assignments Prior to SEAT Reader, pp. 157-159 6|P age Class PART C Overview - New Regulation http://www.youtube.com/watch?v=w4dwwRIumSA&feature=relmfu Assignments: Write a brief memo on the provisions and provider of Part C services in your state. What is the operational definition of eligibility in your state? What agency/agencies provide Part C services? Learner Objectives The Special Education Advocate will: 1. Identify and describe the required components of PART “C” under state and federal law 2. Understand how Part C is administered in his/her local jurisdiction. 3. Explain the provisions and providers of Part C in the State in which the Advocate Practices. Week 9 Post Secondary Transition LIVE CLASS: FRIDAY, JANUARY 31, 2014 Webex Online Meeting Room Facilitator(s): Assignments Prior to Class SEAT Reader, pp. 164-167 Advocate Academy: Transition Planning Under IDEA 2004 presented by Dr. Ed O’Leary COPAA Webinar: Obtaining High Quality Transition Services in the Face of a Myriad of Obstacles: Lessons Learned, Janine Solomon, Esq. and Pamela Coveney, Esq. Person Centered Planning: A Tool for Transition, PACER and NCSET available at http://www.pacer.org/tatra/resources/personal.asp National Alliance for Secondary Education and Transition: Transition toolkit, downloadable at http://www.nasetalliance.org/toolkit/index.htm Transition: There are No IEPs in College, http://www.tcnj.edu/~technj/2004/transition.htm Learner Objectives 7|P age The Special Education Advocate will: 1. Identify and describe the required components of TRANSITION PLANNING and SERVICES under state and federal law (i.e. IDEA 2004, NCLB). 2. Become familiar with findings of current research on effective secondary education and transition planning, including schooling, career preparatory experiences, youth development and youth leadership, and family involvement. 3. Learn about protections for students in college under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA). Week 10 Procedural Safeguards: Meaningful Parental Participation, Informed Consent and Translation/Interpretation CLASS DISCUSSION: FRIDAY, FEBRUARY 7,2014 Webex Online Meeting Room Facilitator(s): Additional Assignments SEAT Reader , 134-137, 151-156 COPAA Webinar: Informed Consent and Meaningful Participation Instructor(s): Jon Zimring, Esq. COPAA Webinar: Preserving the Parents Dissent – Mark Woodsmall, Esq. COPAA Webinar: Representing Parents Whose Dominant Language is Other Than English: Gabriela Ruiz, Esq., Southern Legal Counsel The Special Education Advocate will: 1. Learn the purpose and need for Procedural Safeguards. 2. Understand who can act as the “Parent” under state and federal law. 3. Describe and articulate the obligations of the LEA to ensure meaningful parent participation in the special education process. 4. Understand the role of the Advocate in supporting parents to be full and equal participants in the IEP Process. Week 11 Procedural Safeguards: IEE, Prior Written Notice (PWN), Educational Records, Compliance Complaints LIVE CLASS - FRIDAY, FEBRUARY 14, 2014 Webex Online Meeting Room Instructor(s): Assignments Prior to 8|P age SEAT Reader , pgs. 138-139, 293-301 Class Advocate Academy: Independent Educational Evaluations (IEEs): What Special Education Advocates Need to Know, Dr. Steve C. Imber PWN samples, Federal, idea.ed.gov/download/modelform2_Prior_Written_Notice.pdf New York http://www.p12.nysed.gov/specialed/formsnotices/PWN/att5qa.htm Arizona www.azed.gov/special-education/.../priorwrittennoticecomments3.pdf Compliance Complaints: http://nichcy.org/schoolage/disputes/statecomplaint/regs Learner Objectives The Special Education Advocate will: 1. Understand Prior Written Notice as required under 34 CFR §300.503 2. Describe the requirements of parental consent and parents right to educational records. 3. State the required times notice must be provided to parents. 4. Define what constitutes an independent educational evaluation (IEE) and how the evaluation is to be used. 5. Demonstrate understanding of conditions for obtaining an IEE at public expense under 34 C.F.R §300.502(b). 6. Identify appropriate issues and procedures to file a State or Office of Civil Rights (OCR) Complaint. Week 12 Procedural Safeguards and Discipline CLASS DISCUSSION: FRIDAY, FEBRUARY 21, 2014 Webex Online Meeting Room Facilitator(s): Additional Assignments SEAT Reader , 141-150 Learner Objectives The Special Education Advocate will: 1. Understand the Procedural Requirements under IDEA for Discipline. 2. Identify and describe specific issues and strategies related to DISCIPLINE, long-term suspensions and expulsions. 9|P age Smarter U – Procedural Safeguards and Discipline Due Process Week 14 LIVE CLASS FRIDAY, FEBRUARY 28, 2014 Webex Online Meeting Room Instructor(s): Assignments Prior to Class SEAT Reader , 139-140, p. 319-327 COPAA WEBINAR: Do-It-Yourself Special Education Due Process, an Educational Guide, Dorene Philpot, Esq. Learner Objectives The Special Education Advocate will: 1. Understand options and alternatives to Due Process 2. Demonstrate an understanding of the steps of filing a due process complaint 3. Learn the situations in which a SEA may file Due Process on a Parent 4. Demonstrate understanding of state and federal limitation on filing 5. Understand requirements of Stay Put 6. Identify the limitations of lay advocacy practice for representing parents in Due Process, as determined by UPL, based on jurisdiction, NO CLASS MARCH 7TH – COPAA ANNUAL CONFERENCE PART II: Pragmatics of Special Education Advocacy Week 1 Ethics of Special Education Advocacy LIVE CLASS: FRIDAY, MARCH 14, 2014 Webex Online Training Center Instructor(s): 10 | P a g e GUEST SPEAKERS AND Panel from COPAA Advocate's Committee Assignments Prior to Class SEAT Reader, pg.173-193 COPAA Voluntary Code of Ethics,www.copaa.org/advocates Advocate Academy Webinar, Ethics in Special Education Advocacy, Kayla Bower Learner Objectives The Special Education Advocate will: 1. Articulate guidelines for and demonstrate an understanding of ethical conduct in advocacy practice. 2. Describe and demonstrate an understanding of procedures for maintaining client confidentiality. 3. Describe and demonstrate an understanding of how and why to limit the scope of his/her advocacy representation. Week 2 Overview of Special Education Services and Accommodations CLASS DISCUSSION: FRIDAY, MARCH 21, 2014 Webex Online Training Center Facilitator(s): Additional Assignments Smarter U - Designated Instructional Services, Accommodations/Modifications Advocate Academy: Student Accommodations: The Role of Parents and Advocates presented by MaryAnn Byrnes Advocate Academy, Dave L. Edyburn, Ph.D., Negotiating Assistive Technology Supports and Services Learner Objectives 11 | P a g e The Special Education Advocate will: 1. Understand the difference between supplementary aids and services and accommodations/modifications. 2. Understand IDEA’s full requirement for identifying the supplementary aids and services a child will need. 3. Articulate the requirements under §300.320(a)(4) that stipulates what each child’s IEP must contain regarding supplementary aids and services. 4. Demonstrate an understanding of appropriate accommodations and modifications when presented with a scenario. 5. Understand the requirements under the Assistive Technology Act to ensure that people with disabilities have access to assistive technology devices and services. 6. Learn strategies to obtain assistive technology supports and services. Week 4 Educational Evaluation (including RTI) CLASS DISCUSSION: FRIDAY, MARCH 28, 2014 Webex Online Classroom Facilitator(s): Additional Assignments Smarter U – Educational Evaluations Advocate Academy: Navigating Response to Intervention: Tips and Strategies for Advocates, presented by Heather Stephens, Ed.D. COPPA Webinar: Social Emotional Assessment: Meeting IDEA Requirements Presenter: Ann E. Simun, PsyD Learner Objectives The Special Education Advocate will: 1. Learn the requirements under IDEA and NCLB for Response to Intervention 2. Understand the requirements under IDEA for Social Emotional Assessment Week 5 Behavior and Discipline LIVE CLASS FRIDAY, APRIL 4, 2014 Webex Online Classroom Instructor(s): Assignments Prior to Class U.S. Department of Education presents: IDEA 2004 – Discipline, Final Part B Requirements. http://www.youtube.com/watch?v=_WahhXRjXwo&feature=relmfu Smarter U - Discipline COPPA Webinar Keeping Students in School: a Training on IDEA Discipline Law and Combating Zero Tolerance Policies Instructors: Matthew Engel, Esq. and Ron Hager, Esq. Advocate Academy: Discipline and Students with Disabilities: Key Concepts and Strategies for Advocates, presented by Catherine A. Holahan, Esq. 12 | P a g e Learner Objectives Week 6 The Special Education Advocate will: 1. Understand the premise of IDEA prevention strategies to reduce discipline. 2. Define IDEA requirements for completing a Functional Behavior Assessment 3. Understand key concepts, strategies, and evidence based practice to advocate effectively for a student who displays behavioral challenges. No CLASS FRIDAY, APRIL 18TH – SPRING BREAK Case Preparation LIVE CLASS: FRIDAY, APRIL 11, 2014 Instructors(s): Additional Assignments SEAT Reader, 197-218 Learner Objectives The Special Education Advocate will: 1. Demonstrate the ability to complete an accurate case timeline/history 2. Articulate key players and stakeholders in a case. 3. Demonstrate the ability to identify an issue that has a legal basis for dispute. 4. Understand process to gather relevant evidence. 5. Competently articulate a case analysis report that clearly identifies basis for defensible claim(s). NO CLASS FRIDAY APRIL 18, 2014 – SPRING BREAK Week 7 Partnering with Families LIVE CLASS: FRIDAY, APRIL 25, 2014 ADVOCATE ROUND TABLE DISCUSSION -- "Most Challenging Client You've Had, Why They Challenged You and How You Handled It" Facilitator(s): Additional Assignments SEAT Reader, pp. 248-262, 331-343 http://www.toddlertime.com/advocacy/5150/rights/cultural-competence-8.htm "Maintaining Student Records and Meeting Confidentiality Requirements Under FERPA, HIPPA, IDEA and Section 504" DOE, doe.sd.gov/oess/documents/sped_ferpa_maintainingrecords.pdf 13 | P a g e Learner Objectives Week 8 1. Demonstrate skills to effectively work with parents/students by: a. Providing competent “education and assistance” services b. Assisting parents to prepare for an IEP meeting c. Providing access to oral and written information in family friendly language, which reflects the client’s i. Reading/comprehension level (Explaining complex information appropriately to families from diverse educational backgrounds) ii. Language of comfort where possible e. Providing emotional support to families going through dispute resolution and/or aspects of the process which are uncomfortable f. Describing and demonstrating methods and strategies for preventing a breakdown in the advocate/client relationship. Issues of Race and Ethnicity CLASS DISCUSSION: FRIDAY, MAY 2, 2014 Facilitator(s): Additional Assignments Disproportionate Representation of Culturally and Linguistically Diverse Students in Special Education: Measuring the Problem, M. Coutinho and D. Oswald. COPAA Webinar, Addressing Legal Issues of Disability and Race Discrimination, Matthew Engel, Esq., Ron Lospennato Esq. COPAA Webinar, Disproportionality: What Are We Doing About It, Sonja Kerr, Esq., Learner Objectives 14 | P a g e The Special Education Advocate will: 1. Recognize cultural and individual differences in individual/family comfort with the basic guarantees and promises of special education law (e.g., least restrictive environment, parent participation in the IEP, conflict resolution, self-advocacy and advocacy services, etc.) and modifying his/her practice to respect these differences yet maintain the best interest of the student. 2. Understand the issues of disproportionality and effective advocacy strategies to address legal issues of discrimination. Week 9 Anatomy of an IEP Document CLASS Discussion FRIDAY, MAY 9, 2014 Instructor(s): Additional Assignments (What’s in an IEP) http://www.youtube.com/watch?v=BIi0xanOVcs&feature=relmfu (What is an IEP contract) http://www.youtube.com/watch?v=JRqv797EAvo&feature=relmfu (Writing a Measurable IEP) http://www.youtube.com/watch?v=6qLxU2FB3R0&feature=related Advocate Academy: Measuring Student Progress: Developing IEPs that Work presented by Carol Kosnitsky Learner Objectives The Special Education Advocate will: 1. Describe and articulate the components of the IEP Process a. Parent Participation b. The IEP Team c. The IEP document d. Procedural safeguards related to the IEP process Week 10 Qualitative Analysis of the IEP Class Discussion FRIDAY, MAY 16, 2014 Instructor(s): Additional Assignments Advocate Academy, Candice Cortellia, Standards-based Individualized Education Programs (IEPs): What, Why and How Activity: Analyze IEP’s 1. Competently analyze and determine whether the IEP document contains the elements of and meets the criteria for COMPLIANCE with federal and state law, i.e., 15 | P a g e a. Individualized to the child’s needs b. Contains specific, measurable, appropriate goals c. Services are provided within the least restrictive environment Week 11 Communication Skills/Managing the Meeting LIVE CLASS - FRIDAY, MAY 23, 2014 Instructor(s): and Additional Assignments SEAT Reader, pp. 219-230 The IEP Team Process: The IEP Meeting (Exceptional Childrens Assistance Center) http://www.youtube.com/watch?v=ok0irMNfKmY&feature=related Negotiating Genius, (Malhotra and Bazerman), pp. 103-139 Advocate Academy, "Realistic Ways to Build Collaboration in IEP" Meetings, Kathy Wian Learner Objectives The Special Education Advocate will: 1. Demonstrate competent oral and written communication skills in all aspects of special education advocacy practice, including but not limited to: a. Communicating the parents’ position to an LEA (stating a claim) b. Representing clients in facilitated IEPs, mediation c. Assisting in preparation of cases for due process hearings. 2. Describe and demonstrate use of a comprehensive template for communicating with the SEA and LEA, including but not limited to: a. Requesting educational records b. Requesting interagency agreements c. Requesting relevant policy/procedural documents from the LEA/SEA, including but not limited to special education policies and procedures, minutes of School Board decisions and other policymaking bodies d. Scheduling IEP meetings, informal meetings, resolution sessions, etc. 3. Describe and demonstrate use of a comprehensive template for communicating with other sources of relevant information (e.g., clinician reports) 16 | P a g e Week 12 Negotiating/Mediation Strategies CLASS Discussion, FRIDAY, MAY 30, 2014 Webex Online Training Center Facilitator(s): Additional Assignments Seat Reader, pp. 304-318 Negotiating Genius, (Malhotra and Bazerman), pp. 157-303 COPAA Webinar: Successful Advocacy and Negotiation Strategies for Your Next IEP Instructor: Charles P. Fox, Esq. Advocate Academy:"Methodology Disputes: Getting Beyond the Assumption of Deference", Favaloro and Watts Advocate Academy: Helping Families Prepare for Mediation and Resolution Sessions, Jane R. Wettach, Esq. Optional Reading Assignment: Preparing for Special Education Mediation and Resolution Sessions: A Guide for Families and Advocates, The Advocacy Institute and The Children's Law Clinic, Duke University School of Law, downloadable at www.advocacyinstitute.org Learner Objectives The Special Education Advocate will: 1. Demonstrate an understanding of the importance of negotiation and mediation strategies in Special Education Advocacy. Week 13 Advocate Conflict Resolution Strategies LIVE CLASS, FRIDAY, JUNE 6, 2014 Instructor(s): Additional Assignments SEAT Reader, pp. 232-246, 267-290 Cadre, "Facilitated IEP Meetings: An Emerging Practice" The Facilitated IEP Fact Sheet 17 | P a g e www.ped.state.nm.us/seo/dispute/FIEP%20HANDOUT.pdf District Perspective: Conflict Resolution Strategies www.wadleighlaw.com/~wadleigh/.../Conflict%20Resolution.pdf Learner Objectives The Special Education Advocate will be able to identify and use appropriate conflict resolution strategies in the different fact situations and venues encountered in an advocacy practice. Week 14 Business of Advocacy LIVE CLASS FRIDAY, JUNE 13, 2014 Facilitator(s): Additional Assignments Learner Objectives The Special Education Advocate will: 1. 2. 3. Describe and demonstrate use of an appropriate case management system. Describe and demonstrate appropriate interaction with attorneys and other professionals within the special education system, as exemplified by a. Knowing when to refer to an attorney b. Effectively communicating with the Hearing Office/Mediator c. Preparing a case file for referral Identify and describe basic components of and options for fee agreements with clients, including a. Contract basics b. Limiting scope of work c. Retainer options. 1. Describe the need for and availability of liability limiting strategies, including a. Professional liability insurance b. Entity structure to segregate business personal activities from business activities. 2. Describe issues related to earning a living as a Special Education Advocate, including but not limited to a. Maintaining a sustainable ratio of pro bono cases b. Managing debt and business credit c. Securing alternative sources of funding, e.g., Grants, foundations and 18 | P a g e NGOs STUDENT PRACTICUMS 19 | P a g e