The ABC’s of Special Education:
IDEA, FAPE, FBA, BIP
and
YOU
Ellen Stoltz, Ph.D.
Senior Director
Special Education Services
1
Overview: Setting the Scene
1.
2.
3.
4.
5.
6.
7.
Welcome, Introductions, and Teacher Recognition
Updates: SEAS, Transition, 2550
Purpose, Process, Pay-off, Embedded Metacognitive and
Comprehension Strategies
Why We Do What We Do
Table Talk…IDEA…FAPE…
How are We Doing?
SEDAC Data
BREAK
New FBA and BIP: Mini-Workshop
Q and A
2
THREE Ps
• PURPOSE: To develop shared understanding of our
mandated responsibilities in special education
• PROCESS: Power Point presentation, table talk,
mini-lesson workshop, Q and A
• PAY-OFF: Provide appropriate services to students
with disabilities through systemwide adherence to
IDEA and FAPE
3
TABLE TALK: Assessing Prior Knowledge
• What is the
Role of the
Special
Education
Teacher?
• What is the
Role of the
School
Psychologist?
4
CHILD FIND
• IDEA
– School districts have an affirmative duty to locate and
identify children in need of special education services.
20 U.S.C.
§ 1412(3)(A).
• Includes the duty to locate children who do not attend
public schools.
5
CHILD FIND
–
Federal Authorities
•
Individuals With Disabilities Education Act
(IDEA), 20 U.S. C. § 1400 et al. Regulations are
located at 34 C.F.R. Part 300 and 303.
– Connecticut and other states that elect to receive funds
under Part B of the IDEA must provide a “free
appropriate public education” to eligible children with
disabilities between the ages of 3 and 21 in accordance
with the federal IDEA statutes and regulations. It
further provides for early intervention services for
infants and toddlers
6
CHILD FIND
Who is eligible for special education services under
the IDEA?
• A child with a disability (ages 3 to 21) who has a
physical, mental or emotional impairment and who, by
reason thereof, needs special education and related
services. 20 U.S.C. § 1401(3).
7
CHILD FIND
• A child aged 3 through 9, at the discretion of the State
(age 6 in CT) and local education agency, who is
experiencing developmental delays, as defined by the
State, in the areas of physical, cognitive,
communication, social, emotional or adaptive
development and who, by reason thereof, needs
specially designed instruction and related services.
20 U.S.C. § 1401(3).
8
CHILD FIND
• Specifically includes: a child who has an intellectual
disability, a hearing impairment (including deafness),
a speech or language impairment, a visual impairment
(including blindness), a serious emotional
disturbance, an orthopedic impairment, autism,
traumatic brain injury, other health impairment,
specific learning disability, deaf-blindness, or
multiple disability, who, by reason thereof, needs
special education and related services.
9
CHILD FIND: Secondary Level
• In Connecticut, a child is eligible for special
education services through the end of the year in
which the child turns 21. Because the school year is
defined as commencing on July 1, a student who
turns 21 on July 1 or later is eligible for services
through the entire school year.
10
CHILD FIND: Secondary Level
• Connecticut also defines a student who is pregnant as
being eligible for special education and related
services. Ct. St. Reg. §10-76d-2(l)
11
CHILD FIND: Elementary and Secondary
• Ct. St. Reg. 10-76d-7 mandates…
prompt referral to a PPT of all children who have
been suspended repeatedly or whose behavior,
attendance or progress in school is considered
unsatisfactory or at a marginal level of acceptance.
12
13 Primary Disabilities (Brain Break)
ID=
HI= Hearing
LSH=
VI=
ED=
Intellectual
Disability
Impairment
Speech and
Language
Visual
Impairment
Emotional
Disturbance
OHI=
SLD=
OI=
Deaf-Blind MD=
Other Health
Impaired
Specific
Learning
Disability
Orthopedic
Impairment
AUT=
TBI=
DD=
Autism
Spectrum
Disorder
Traumatic
Brain Injury
Developmental Delay
Multiple
Disabilities
13
Incidence in Hartford: 3,658 (2008-09)
60
50
40
30
Percent
20
10
0
LD
ID
ED
SLI
AUT
14
CHILD FIND: Text to Self Connection
• Special Education Teacher
• School Psychologist
15
EVALUATION
• Informed parental consent must be obtained prior to
conducting an initial evaluation or re-evaluation. 20 U.S.C. §
1414(a)(1)(D); 20 U.S.C. § 1414(c)(3); 34 C.F.R. §300.300.
– Informed consent for a re-evaluation may not need to be
provided if the local educational agency can show that it took
reasonable measures to obtain consent and the parents failed to
respond. 20 U.S.C. § 1414(c)(3).
• Who may request an evaluation?
– Parent or school personnel
– Under state law, referrals for special education may also be made
by a physician, clinic or social worker.
Ct. St. Reg. 10-76d-7.
16
EVALUATION
• Timeline for initial evaluation
– IDEA provides 60 calendar days of receiving parental consent
for the evaluation 34 C.F.R. §300.301(c)
– Timeline does not apply if parent repeatedly fails or refuses to
produce the child
– State law provides that evaluation and program implementation
must be conducted within 45 school days of the referral or
notice. Ct. St. Reg. 10-76d-13.
17
EVALUATION
• Parent’s refusal to permit evaluation
– For initial consent for evaluation only, the District has
a right to request due process to pursue the initial
evaluation. 34 C.F.R. §300.300(a)(3)(i). The District
is not considered to have violated child find if it does
not pursue due process.
18
EVALUATION
• Reevaluation 34 C.F.R. §300.303
– May occur whenever parent or school requests it
– Unless both sides agree, may not be required to evaluate more
than one time in a year
– Under the IDEA, re-evaluations must be conducted whenever
conditions warrant it, but no less than once every three years,
unless both sides agree it is not necessary. 34 C.F.R.
§300.303(b)(2).
19
EVALUATION
Independent Educational Evaluations
– Parents have a right to obtain an independent educational
evaluation at public expense if they disagree with an evaluation
done by the school.
– The school may initiate a due process hearing to show the
school's evaluation is appropriate.
– If the school evaluation is found to be appropriate, the parents
may still present the private evaluation, but at their own expense.
20
SEDAC Report: How are we doing on our
mandated EVALUATION responsibilities?
• Timely Evaluations: Indicator 11
• Range of Days: 60-146
• Rating: Does Not Meet Requirements
21
EVALUATION: Text to Self Connection
• Special Education Teacher
• School Psychologist
22
PPT
• Parental notification of PPT meeting must be made at
least 5 days prior to the meeting
• The District must notify parents five days before
proposing to, or refusing to, initiate or change the
child’s identification, evaluation or placement.
Ct. St. Reg. 10-76d-8.
23
PPT
• Composition of the IEP Team: 20 U.S.C.
§ 1414(d)(B); 34 C.F.R. §300.321.
– The parents of the child;
– At least one current regular education teacher of the
child;
• If the child is or may be participating in the regular
education environment.
• If the student does not have a regular education teacher,
the team should include a regular education teacher with
whom the child is likely to be placed for any portion of
the day.
24
PPT
– At least one special education teacher;
– A representative of the local educational agency who:
• Is qualified to provide, or supervise, the provision of
special education;
• Is knowledgeable about the availability of school
resources.
– An individual who can interpret the evaluation results,
i.e. psychologist
– Any person with knowledge or special expertise about
the child invited by the parent or the school;
– The student, when appropriate; and
25
PPT
– With parental consent, the District must invite a
representative of any participating agency that is likely
to be responsible for providing or paying for
transitional services.
– Members of the IEP team may be excused if the parent
and district agree in writing.
Connecticut law requires that the PPT team consist of
representatives of the teaching, administrative and
pupil personnel staff. Ct. St. Reg. §10-76a-1(p).
26
ELIGIBILITY
Determination of eligibility
– The District has an obligation to explore every area of
suspected disability.
– A variety of assessment tools must be used to gather
information, including information from the parents.
34 C.F.R. §§ 300.304, 300.305.
• No single test or procedure should be used as the sole
criterion to determine whether the child has a disability.
27
ELIGIBILITY
• The team must determine:
– if the child has a disability or continues to have a
disability;
– present levels of performance;
– present educational needs of the child;
– if the child needs or continues to need special
education and related services;
– modifications needed to participate in and benefit from
the general education curriculum
28
ELIGIBILITY
• Parental notification of PPT meeting must be made at
least 5 days prior to the meeting
• The District must notify parents five days before
proposing to, or refusing to, initiate or change the
child’s identification, evaluation or placement.
Ct. St. Reg. 10-76d-8.
29
Developing the IEP
20 U.S.C. § 1414(d)(A), 34 C.F.R. §300.320.
• A statement of the child’s present levels of education
and a statement of how the child’s disability affects
his/her involvement and progress in the general
curriculum.
• A statement of measurable annual goals;
30
Developing the IEP
• A statement of specially-designed instruction and
related services and supplementary aids and services to
be provided to the child and a statement of program
modifications or supports for school personnel that is
designed to enable the child to:
– advance appropriately toward attaining the annual goals;
– enable the child to be involved in and progress in the
general curriculum;
– enable the child to participate in extracurricular and other
nonacademic activities.
• Related services including the frequency, duration, and
grouping (individual or group) of those services.
31
Developing the IEP
• Modifications that will be provided for the child.
• An explanation of the extent, if any, to which the child
will not participate with non-disabled children in the
regular classroom.
• Modifications needed in the administration of State or
district-wide assessments of achievement.
• Transition services beginning not later than the first IEP
in effect when the child turns 16
• How the child’s progress will be measured and how this
will be communicated to the parents.
32
Developing the IEP
• It is very important that all people working with the
child have access to the IEP and are knowledgeable
about what is in it.
– Includes general education teacher, special education
teacher, related service providers, any other service
provider who is responsible for the implementation of
the IEP.
33
EDC Audit: How are we doing on our
mandated IEP responsibilities?
• “In 2007, in 80% of the cases, goals and objectives
did relate to the needs and concerns stated on
pages 4-5 of the IEP; the percentage was 89% in
2008 and 91% this year. Fewer incompletes
were found this year (5%) than last (9%).”
34
EDC Audit: How are we doing on our
mandated IEP responsibilities?
“EDC reviewers found that the adequate reporting of
student progress has varied dramatically
over the last three years with reporting up to date for
67% of students in Phase 2, only 32% of
students in Phase 3 and 64% in Phase 4.”
35
EDC Audit: How are we doing on our
mandated IEP responsibilities?
• Phase 2 indicated that progress was “satisfactory” or
better for 75% of the sample students.
• Phase 3, the figure “satisfactory” or better progress
had dropped to 34% and reviewers could not make a
determination (from the IEP) about student progress
in more than half the cases (far more than the 14%
that were incomplete or not available in Phase 2).
• Phase 4 progress was “satisfactory or better” for 52%
of the students and the reviewers found that in 33% of
the IEPs the information was incomplete or a
determination could not be made.
36
EDC Audit: How are we doing on our
mandated IEP responsibilities?
• While the percentage of provider absences dropped
from 26% to 4% from the spring of 2007 to the spring
of 2008, provider absence in the spring of 2009 had
again risen to the 26% seen in the spring of 2007.
• Please make up hours not provided…
37
EDC Audit: How are we doing on our
mandated IEP responsibilities?
• Phase 2: 14% of students had a behavior plan and all
the plans were implemented.
• Phase 3: 19% of students had behavior plans and 78%
were implemented.
• Phase 4: 95% of behavior plans were implemented.
38
EDC Audit: How are we doing on our
mandated IEP responsibilities?
• Phase 3: 71% of the interviews the interviewee brought at least
some of the requested documentation to the interview.
• Reviewers described the interviewee’s paperwork as
organized, detailed, and up to date with respect to 90% of the
students.
• Phase 4: 94% of the interviews the interviewee brought at
least some of the requested documentation to the interview.
• Reviewers described the interviewee’s paperwork as
organized, detailed, and up to date with respect to 88% of the
students.
39
EVALUATION: Text to Self Connection
• Special Education Teacher
• School Psychologist
40
FAPE
• What is a Free Appropriate Public Education
(FAPE)?
• “free”
– At public expense.
– May, with parents’ consent, use public or private
insurance to pay for some or all of the services
provided.
• “appropriate”
– No clear cut definition.
– This is what most due process hearings are about.
41
FAPE
• A procedural violation is enough for a hearing officer to find
that the district did not provide FAPE. The hearing officer
may find this if the procedural violation:
– impedes the right of the child to FAPE,
– significantly impedes the parent’s right to participating in the
IEP team process, or
– causes a deprivation of educational benefit. 20 U.S.C.
§1415(f)(3)(E).
– one Connecticut Court found that the district denied the child
FAPE when it failed to ensure the parent’s attendance at the PPT
meeting to plan for the upcoming school year. Mr. and Mrs. M.
v. Ridgefield Board of Education (D. Conn. 2007).
42
FAPE
• A student's failure to make progress does not mean
the IEP was inappropriate at the time it was drafted.
– Failure to revise an IEP when a student is not making
progress is a violation of FAPE
• The availability of a better or optimal program also
does not make the IEP inappropriate.
43
FAPE: How did Hartford Fare?
State Complaints: FAPE denied due to:
1. Failure to evaluate in a timely fashion
2. Failure to identify services for students who are pregnant
3. Failure to write and implement an IEP within the annual
timeline
4. Failure to provide parent with IEP within 5 school days
5. Failure to provide equitable services for students with a
disability
SEDAC: FAPE at Three: 100%
44
45
9.17.09
SERC
45
Brain Break
• Let’s Take a 10-minute Break
46
Responsibilities Recap: Text to Self
• Special Education Teacher
• School Psychologist
47
Functional Behavior Assessment (FBA) and
Behavior Intervention Plan (BIP)
• Table Talk:
• Table Talk:
• What is the purpose
of conducting a
functional behavior
assessment?
• What is the purpose
of the Behavior
Intervention Plan?
48
Functional Behavior Assessment (FBA) and
Behavior Intervention Plan (BIP)
The ABC’s…
A__________________________
B__________________________
C__________________________
49
FBA and BIP
•
•
•
•
•
•
•
Who?
What?
When?
Where?
Why?
Replacement Behaviors: Redirect, Reinforce
Monitoring with Data
50
FBA and BIP
• Let’s Take a Look…
• Small-Group Activity
• Present Completed FBA and BIP
• Q and A
51