NAVIGATING SPECIAL
EDUCATION
A Child Welfare Training
to Address the Special
Education Needs of
Children in Foster Care
Judy M. Gerber, Esq., Adjunct Faculty
School of Law
SUNY Buffalo
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
TRAINING CONTENT & GOALS
You will learn about:
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the links among education and child-wellbeing and child permanency,
including the requirements of the NYS Permanency Act
the federal and state laws that govern special education and the special
education “process” from referral through program implementation
How to identify when to refer children for special education evaluation
How to “shepherd” children and their families through the special
education process
The dynamics of a CSE meeting and how to prepare for and participate in
a meeting
The basis of reading evaluations and IEPs
Fundamental advocacy and negotiation skills
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
CLASSIFYING OURSELVES
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The Novice Trainee: I don’t know much about the special
process. I may have attended a meeting of the Committee on
Special Education, but I didn’t understand the process very
well!
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The Intermediate Trainee: I know something about special
education, through professional or personal experience. I can
read an educational evaluation, basically understand an IEP
and have participated in CSE meetings.
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The Advanced Trainee: I know quite a bit about special
education. I have attended many CSE meetings, can dissect
an IEP and am comfortable advocating for children!
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
A SPECIAL EDUCATION
PRE-TEST!
Question 1
The local social services district (LDSS) may not
refer a child to a school district’s Committee on
Special Education (CSE) without consent of the
birth parent.
False! The Commissioner or designee of a public
agency responsible for the health, welfare or
education of children can make a referral.
4
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Question 2:
Child welfare agencies are required to
access and maintain certain education
records in the child’s case records.
True! Federal and NY child welfare laws
require this.
5
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Question 3
When a child transfers from one school to
another, the school district the child
previously attended may release the
education records to the new school, without
parental consent.
True! This disclosure is permitted by FERPA.
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Question 4
A student with a special education program
who transfers to a new school district is
entitled, in the new school, to continue to
receive special education services.
True!
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Question 5
If a parent disagrees with the school district’s
special education evaluation of a child, under
certain circumstances, the school district may
be required to pay for an independent
evaluation.
True!
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Question 6
DSS is authorized to act as the child’s legal
“parent” in matters involving the special
education of the child.
False! The state and its agencies may not act
as the “parent” of children in special
education.
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Question 7
Family Court is required to refer a child
suspected of being disabled to the CSE if the
Court is considering placing the child in a
child care institution.
True! Family Court, DSS and OMH must all
make such referrals when considering such a
placement.
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Question 8
The IEP is the child’s “individualized education
program.” Though it is a written document designed
to describe the child’s education program and
services, it is not a guarantee of services to the child.
False! The IEP does guarantee services included on
the document and is legally enforceable by the
individual acting as the child’s parent.
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Leaders in Innovative Policy
Development and Research include:
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Anne E. Casey Foundation (www.aecf.org)
NYS Permanent Judicial Commission on Justice for
Children (www.nycourts.gov/ip/justicefor children/)
The Chapin Hall Center for Children at the University
of Chicago (www.chapinhall.org)
The Vera Institute of Justice (www.vera.org)
The American Bar Association Center on Children
and the Law (www.abanet.org/child/home/html)
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
FOSTER CARE PLACEMENT AND ITS
IMPACT ON SCHOOLING:
Video: Endless Dreams
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Challenges to School Success
include:
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Enrollment Delays
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Untimely or No Access to
School Records
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Lack of School Stability (High
home and school mobility
rates)
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Lack of Appropriate
Educational Services (in
general and special
education)
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Lack of Parental and Adult
Advocacy in School
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Lack of Communication and
Integrated Planning among
Home, School and Agencies
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Lack of Home-based Support
for School Efforts
Lack of Continuity of
Services (Loss of services
with changes in placement)
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Concerns in Special Education
include:
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Delayed referrals, evaluations & services
Missing records and paperwork
Overidentification, underidentification & misclassification
Inappropriate or untimely classification or services/placement
Failure to implement child’s education program
Loss of services as child moves to a new school
Lack of parental/agency involvement, monitoring or advocacy
Lack of integrated planning and services between child welfare
agencies and schools
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Adoption and Safe Families Act of
1997: The Governing Principles
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ASFA promotes 3 outcomes for children and
families:
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Child Safety
Child Permanency
Family and Child Well-being
Concurrent Planning: Simultaneous planning for
alternative permanency pathways
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Education is a well-being indicator
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Federal ASFA regulations identify education
as a key criterion in assessing state
compliance with ASFA
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States must show that
“children receive appropriate services to
meet their education needs”
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
NYS OCFS Regulations, in effect since
1978, require child welfare agencies to:
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“take such steps as may be necessary to make
certain that all children in care receive education
appropriate to their needs and in accordance with
the Education law”
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“make certain that each child receives appropriate
educational and vocational guidance”
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Maintain an active and direct liaison with any school
in which the child is enrolled
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Education is a component of
permanency planning
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How does a child’s current education
placement affect decisions to place a child in
foster care and, once in care, permanency
planning?
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How does foster care placement and
permanency planning affect education?
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The NYS Permanency Bill: Forging the
Permanency and Education Link
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New Family Court Article 10-A governs permanency
hearings
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Requires DSS to submit worn “Permanency Hearing
Reports” to the Court and other players before each
hearing
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Report includes information on the “health, wellbeing and status of the child”
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Permanency Hearing Reports:
The Education Component
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The report must include:
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An update on the child’s educational and other
progress since the last hearing
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A description of the steps taken by DSS or the
agency to “enable prompt delivery of appropriate
educational and vocational services to the child”
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The NYS Permanency Bill Targets 4
Key Populations
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High School Diploma Bound
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Pre-Kindergarten
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Students Choosing not to Obtain a High
School Diploma
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Students with Disabilities
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Permanency Act and Children with
Special Education Needs
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Where DSS suspects developmental delay or child
has been found eligible to receive early intervention
services prior to or during foster care, DSS must
document:
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–
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Steps taken to make any necessary referrals to early
intervention, pre-school special education and special
education, and
Any available information regarding any evaluations and
services which are being provided or are scheduled to be
provided
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
History of Special Education:
From Exclusion to Inclusion
General attitude of society excluded and his
people with disabilities, evidenced, for
example by:
 The “Ugly Laws”
 Mandatory Sterilization
 Exclusion or warehousing in schools
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Section 504 of the Federal
Rehabilitation Act
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Applies to federally funded
organizations/agencies
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Two purposes:
1.
Antidiscrimination
2. Reasonable Accommodations
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The History of the Individuals with
Disabilities Education Act
(The “IDEA”)
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1975 - Congress passed the The Education for All
Handicapped Children’s Act (PL 94-142)
1991: Congress reauthorizes law as the IDEA
1997: Congress reauthorizes, with major revisions
2004: Congress reauthorizes and amends law, with
new provisions that particularly affect children in
child welfare system
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The IDEA: A Federal Framework for
Special Education
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Provides federal funding to states (all 50)
which provide special education under IDEA
(consistently falling short of promised funds)
Establishes detailed framework for identifying
children with disabilities and providing
special education
Each state has unique system of providing
special education, within IDEA framework
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Under the IDEA Umbrella:
New York’s Special Education Law
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Education Law Article 89: NY’s special education law
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Education Law Article 81: special education law governing
children placed in or at risk of placement in child care
institutions; governs Family Court, DSS and OMH
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NYS Commissioner of Education Regulations: Parts 200 and
201
Advocate’s Tip: Use the Part 200 Regulations as your Bible!
28
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
A Change of Pace: The Art of Arm
Wrestling
Directions:
Arm wrestle for a full
minute. Each time you
push the other person’s
arm down to the table,
you will win an M&M.
Good luck!
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Victory for All: Finding “Win-Win”
Solutions
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Theory of Principled Negotiations: “Getting to
Yes”
Identify your own interests
Identify other person’s interests
Look for options for “mutual gain”: How can
we both win?
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Key Principles of the IDEA and NY
Law
FAPE
Child Find
LRE
The IDEA
Appropriate
Evaluation
Parental
Participation
Due Process
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IEP
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Child Find Duties
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School districts must seek out children with
disabilities, including children who are homeless and
in foster care
Advocacy Tip for Child Welfare Agencies: Forge ties
with schools to promote child find through routine
referrals for early intervention, preschool and school
aged children
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
A Guarantee of FAPE
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Free: at no cost or charge to the parent
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Appropriate: individualized program conferring reasonable (not
minimal or maximal) benefit
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Public: program and placement at public expense and under
public supervision; may be in private setting
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Education: specially designed instruction to meet unique needs
of student in variety of settings. Special education broadly
encompasses academic, physical, social/emotional and other
areas of needs related to school. Includes physical education
and transportation.
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Least Restrictive Environment
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The IDEA adopts “LRE” as a principle
governing school programs and placements
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LRE is a philosophical and legal imperative
of the IDEA
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Least Restrictive Environment (“LRE”)
Defined:
LRE is the
“placement of students with disabilities in
special classes, separate schools or other
removal from the regular educational
environment occurs only when the nature or
severity of the disability is such that even
with the use of supplementary aids and
services, education cannot be satisfactory
achieved.”
35
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Compare and Contrast: Least Restrictive Foster
Care Setting for Foster Care vs. LRE for School
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Inquiry about school placement is separate
from inquiry foster care placement
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Students in highly restrictive school
placement may be in least restrictive foster
care setting – and vice-versa!
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The NY Special Education Process
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REFERRAL
– Consent to evaluate
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EVALUATION
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CSE MEETING AND RECOMMENDATION (IEP for eligible
students)
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IMPLEMENTATION
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ANNUAL REVIEW
Time Frame: 60 school days from consent to implementation
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Acronym Review: Test Your
Neighbor…
Directions:
Take out your acronym list. Test your
neighbor on the terms. Then, reverse roles.
Take one minute to review what you missed!
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
CSE Referrals: Who may make
referral?
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Parent/person in parental relation
Student, if over age 18
Professional school staff member
Physician
Judicial officer
Commissioner of public agency responsible for
welfare, health or education of children, and
commissioner’s designee
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Referral
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Must be in writing
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Submitted to the CSE Chair or building
administrator where child attends or is
eligible to attend
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Parent, Student or Judge: General
Referral
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The written referral from these individuals
needs to state that the child is being referred
to the CSE. No other information is required.
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Detailed Referrals by School Staff,
Child Welfare Agency and Physician
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Must state reason for referral and include
test results, records or reports upon which
referral is based
Must describe intervention services,
programs or instructional methodologies
used to remediate student’s performance
prior to referral (including supplementary aids
or support services) or state reasons no such
attempts were made
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Mandatory “Referrals” from Family Court, Local
Social Service District, and Office of Mental Health
making residential placements of children
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“Referrals” (technically, requests for CSE evaluation
and report) are mandated for children thought to
have a disability who are being considered for
placement in a “child care institution” (residential
placement)
CSE must evaluate child & provide written evaluation
and recommendation within 42 days of request
Family Court and agencies must use information in
determining “the most appropriate placement for the
child.”
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Referrals triggers Notice and Consent
Requirements
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Receipt of referral triggers CSE duty to:
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Send a standard notice of due process rights to
the parent
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Request parental consent to evaluate the child
Advocacy Tip: Review the notice of parental due
process rights with biological and foster parents
44
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Due Process Notice
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Schools sends Due Process Notice to parent (see
Participants’ Manual, page
)
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School district is responsible for informing parents of
their rights: Can there be a “conflict” here?
Advocacy Tip: Share due process notice with parents,
foster parents and others who will benefit from
information
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Sources of Information on Special
Education Process & Due Process
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Special Education in New York State for
Children Ages 3-21: A Parent’s Guide,
available at www.vesid.nysed.gov
Various publications at www.vesid.nysed.gov
Various education and disability related
websites (listed in Participant’s Handbook)
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Parent Role in Education
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The parent is critical to the education
process generally: children with active
parents do better in school
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The parent is critical to the special education
process: the word parent appears over 100
times in the IDEA!
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Parent Roles in Education are Both
Legal and Practical
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Perform administrative tasks such as gathering
records, enrolling in school, etc.
Communicate with school personnel
Participate in Education planning
Provide home-based support for academics and
school activities
Make important school choices and decisions
Monitor school program
Advocate for Child
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Who is the parent of a child in foster
care? The Shared Parenting Concept
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“Shared Parenting” is typical for children in
foster care
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Parent Roles are assumed and shared by:
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Birth or adoptive parents
Foster parents
Kin and family resources
DSS and/or child welfare agency personnel
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Parenting Power and Roles are Case Specific.
Factors in determining who performs parent roles
include:
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Legal relationship among the child, the parent and
the state (e.g., custody? Guardianship? Relative vs.
foster parent or kin?)
Emotional relationships among the child, the parent,
the foster parent or other kin/family resources
Commitment to and capacity to perform various
parental tasks
Degree of support provided to parents/foster parents
or others to perform tasks
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Parent in General Education
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Who is the “legal” parent in general education (nonspecial education matters) depends on who has
custody and guardianship of the child
When DSS is the child’s guardian, DSS is generally
considered the child’s parent
When DSS only has custody, DSS often assumes
educational decisionmaking authority, but birth
parent (who remains guardian) has authority and
rights, too!
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Parent in Special Education: A
Critical Player
Unique Parent roles in special education may include:
 Referring child for evaluation or services
 Consenting to evaluation and evaluations
 Participating as member at CSE meetings
 Requesting independent evaluations of child
 Monitoring school compliance with IEP
 Advocating for child through informal and formal due
process avenues
 Enforcing child’s due process rights by requesting
hearing and/or mediation
52
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Promoting Parent Representation of
Children Under the IDEA
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The IDEA contains the word “parent” over
100 times!
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IDEA and NY law broadly defines parent to
ensure that each child has an adult with
authority to perform the important parental
roles under the law
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Parent in Special Education: Child Welfare
Agencies and Caseworkers are Never the Parent!
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DSS and other agents of the state may never act as
the child’s parent in special education!!
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IDEA promotes a policy of selecting individuals – not
agencies or their employees – to act as the child’s
parent
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IDEA avoids potential conflicts where the state
agency is both serving the child and acting as the
child’s “parent.” The parent should always be the
child’s advocate, not the child’s service provider.
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Definition of Parent under New
York Special Education law includes:
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Birth or adoptive parent
Person in parental relationship (defined in NY Ed. Law section
3212)
Person in parental relation designated by the child’s parent under
NY General Obligations Law. This includes persons designated who
are acting in place of the birth/adoptive parent (including grandparent,
stepparent or other relatives with whom child resides)
Guardian (but not the State if the child is a ward of the State)
Surrogate parent appointed under special education regulations
Foster parent (unless prohibited by NY law, regulations or contractual
obligations)
Person(s) identified by judicial decree or order to act as the parent
or make educational decisions on behalf of student
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
A “Person in Parental Relation”
includes:
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Father or mother, stepfather and stepmother and legally
appointed guardian
Custodian. The custodian is a person who has assumed the
charge and care of the child because of the death,
imprisonment, mental illness or institutionalization of the
parents or legally appointed guardian, or because the parents
or legally appointed guardian have abandoned or deserted the
child, are living out of the state or their whereabouts are
unknown.
A person appointed by the parent under the NY General
Obligations Law Title 15-A.
Practice Tip: Facilitate appointments of parents through the
General Obligations Law!
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Birth Parent is Presumed to Be the
Parent!
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In New York, the birth or adoptive parent is presumed to be the
parent and takes priority over the foster parent!
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The NY Regulations provide that “when one or more than one
party is qualified…to act as a parent, the birth or adoptive
parent must be presumed to be the parent unless the birth or
adoptive parent does not have legal authority to make
educational decisions for the student.”
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BUT, if a court order or decree identifies a person to act as the
parent or to make educational decisions on behalf of the
student, that person is considered to be the parent
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
When there is no “Parent”: Appointing
a Surrogate Parent
A surrogate parent is appointed to act in place of parents or
guardians when
 A student’s parents or guardians are not known
 After reasonable efforts, the board of education cannot discover
the whereabouts of a parent
 The student is an unaccompanied homeless youth
 The student is a ward of the state and does not have a parent
who meets the legal definition of parent (Note: The foster
parent is considered a parent if the birth/adoptive parent is not
legally the parent)
 The rights of the parent to make educational decisions have
been “subrogated” by a judge
58
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Powers of the Surrogate Parent
The Surrogate Parent may represent the
child in all matters regarding the
identification, evaluation, placement and
provision of a FAPE to the child.
59
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Who may select the surrogate
parent?
The Surrogate Parent may be selected by
either:
60
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The Board of Education of the school district,
appointing the person off a list kept by the
Board
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A Court overseeing the care of a child
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The request to the CSE for a surrogate
parent and the timeframe for appointment
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Any person whose work involves education or
treatment of students and who knows of a student
who may need special education services, and who
knows that the student meets the criteria for a
surrogate parent may file a request with the CSE
The CSE must determine if an appointment is
needed
The surrogate parent must be appointed within 10
days from that determination
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Qualifications of Surrogate Parent
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Knowledge and skills to ensure adequate
representation of the child
Cannot have interests which conflict with the
interests of the child
Cannot be an officer, agent or employee of the
school district, the State Education Department or
the agency which is involved in the education or care
of the child
May be an employee of a nonpublic agency that only
provides non-educational care for the child if the
person otherwise meets the criteria for appointment
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Court’s “Possible” Role In
Appointing Substitute Parents
The IDEA defines parent to include someone
appointed by the Court to act as the parent
 Perhaps judges will begin to take steps to
“subrogate” parental decision-making rights
(appointing a substitute)
Advocacy Tip: Talk about who is the “parent” with the
Court and keep the Court apprised of concerns
about parent authority. Try asking for a parent
appointment, if you think it is appropriate!
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63
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Role of the Child Welfare
Workers includes:
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64
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Oversee the process
Refer children for evaluation and services
Participate in education planning
Attend formal CSE meetings & informal school
meetings
Facilitate discussion and advocacy
Ensure the child has a legal “parent” who is doing
the job required
Advocate for the child
Monitor school compliance
Report to the court
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
What is Consent?
Consent is voluntary and may be revoked at
any time. It means that the:
 Parent understands and agrees in writing to
the activity for which consent is sought
 Parent is fully informed of all information
relevant to consent
 Parent is provided information in native
language or mode of communication
65
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Bypass of Consent Requirement for
Foster Children Lacking a Parent
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Consent is generally required to evaluate a
child
Consent may be bypassed for a foster child
whose parents’ rights have been terminated
and who has no foster parent (e.g., resides in
a group home or residential facility) to give
consent to evaluate
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Overriding Failure to Consent: Due
Process Option
67

School district may request impartial “due
process” hearing to receive authority to
evaluate without parental consent

But, as process unfolds, school district may
not override parents’ decision to withhold
consent to provide services!!
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Avoiding Delays in Obtaining Consent:
Practical Tips

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68
Keep standard “consent to evaluate” forms on hand
Obtain written consent from birth parent at first opportunity
Obtain written consent from other person that may be eligible to
serve as parent
With referral to CSE, include the consent form (not mandatory,
but hastens the process)
If consent can be bypassed, indicate this in referral
Request school district initiate an impartial hearing if birth
parent will not consent to evaluate
Quickly involve law guardian and/or Family Court if lack of
consent is a problem (don’t await next court appearance)
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
A Scenario: The Story of Jimmy
Consider:
 When and whether to
refer Jimmy to the CSE
 The content of his
referral
 Who may serve as
Jimmy’s parent
 Requesting a surrogate
parent
69
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Jimmy Bean, cont.
70
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Multidisciplinary Evaluation: Its
Purpose & Use


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71
to assess the relative contribution of cognitive,
behavioral, physical and developmental factors,
to gather functional, academic and developmental
information about the student
to determine whether the student has a disability
to determine the content of the IEP
to determine the student’s ability to participate and
progress in the general education curriculum
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Timing of the Initial Evaluation

Complete within 60 calendar days from receipt of
parental consent (note: entire process must be
completed, including program implementation, within
60 school days)

If student moves mid-evaluation, subsequent school
district must:
–
–
72
ensure prompt completion of the evaluation;
parent and school must agree to specific time when
evaluation will be completed
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Using the Part 200 Regulations: What
are the components of an evaluation?
1.
2.
3.
4.
73
Locate the section governing evaluation of
children
Identify the components of the special
education evaluation
Locate the provision regarding a vocational
assessment
Locate the provision regarding children with
behavior that impedes learning
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Answer: The Components of an
Evaluation

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
74
Individual psychological evaluation (except if school
psychologist, after assessing child, deems it unnecessary)
Social history
Physical examination
Observation of child in current educational setting
Vocational assessment of child age 12 and older
Other “appropriate evaluations” necessary to ascertain
physical, mental, behavioral and emotional factors which
contribute to suspected disabilities
A “functional behavioral assessment” for a child whose
behavior impedes own learning or learning of others
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Strategies for Reading Evaluation
Reports



75
Before reading, arrange evaluations
chronologically and by category (e.g.,
psychological, educational,
speech/language, etc.)
Read psychological evaluations first
Create a chart to summarize important
scores and information
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Reading Evaluation Reports: Hunt for
Key Information, such as:


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

76

Description of child’s current functioning in
school: how is child actually doing? what are the
problems?
Accuracy: are the facts and assumptions correct?
Has the examiner spoken with important players –
family, teacher, etc., and gotten it right?
Testing Conditions: e.g., was the child cooperative,
comfortable, stressed, wearing needed glasses,
etc.?
Tests Administered: break down the areas tested
Scores: important data from the tests
Recommendations: This is the bottom line!!
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
General Types of Tests


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77
Intellectual Testing (e.g., WISC III or IV; Stanford-Binet, 4th ed.):
assess broad range of cognitive skills (knowledge, reasoning,
memory, verbal and perceptual reasoning)
Educational Achievement Tests (e.g., Woodcock-Johnson;
WIAT; K-TEA); measure academic achievement or skills in
different subject areas, acquired through instruction
Personality Tests (e.g., Draw-a-Person, Children’s Apperception
Test; MMPI-A): assess mental and emotional state
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
General Types of Tests, cont.



78
Behavior Rating Scales (e.g., Connors’ Rating
Scales, Vineland Adaptive Behavior Scales):
questionnaires for parents & teachers)
Neuropsychological Testing: assess underlying brain
processes related to learning, behavior, etc.
Discipline-specific testing (e.g., speech/language,
occupational therapy, physical therapy, etc.)
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
What do the tests tell us?




79
Tests draw a picture of the child at a moment in time
Tests generally indicate where child is in relation to
others in the population or in relation to an expected
norm
Tests establish a baseline
Tests, re-administered over time, are a tool to
measure progress (or lack thereof), so that
comparing scores from one assessment to another
is important
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Wrightslaw Rules of Testing

80
To better understand basics of testing, see
From Emotions to Advocacy, The Special
Education Survival Guide, by Peter and Pam
Wright (see www.fetaweb.com and
www.Wrightslaw.com generally)
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Independent Educational
Evaluation (IEE)
81

CSE must always consider independent, outside
evaluations submitted by parent

CSE must finance an independent evaluation (or a
component of the evaluation) if the parent disagrees
with the school district’s evaluation and asks for
district funding, unless the district initiates and
prevails at a due process hearing at which it must
prove its own evaluation is appropriate.
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Requesting an Independent Evaluation



82
Submit a request in writing to CSE Chair
Identify the evaluation(s) requested (e.g.,
psychological, speech/language, etc.)
Identify a deadline for responding to request!
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Finding an Independent Evaluator
Evaluator should:
 have experience in administering needed testing
 be familiar with school environment and types of
available services
 be available to consult with family, caseworker and
school personnel;
 be able to timely write and deliver a report on the
evaluation
83
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Develop a List of Independent
Evaluators Available to Community



84
Contact school personnel to recommend
evaluators in community
Contact education attorneys and advocates
Conduct survey of various service providers
and evaluators (e.g., psychologists,
neuropsychologists, speech pathologists,
etc.) in community regarding experience and
availability
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
A Related Topic: The Importance of
Accessing Education Records

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
85

Education records provide critical information and
perspective about a child’s education history,
including, for example:
school placements
school services (or lack thereof)
School attendance
School behaviors
evaluations
parental involvement
health needs
school-based attachments
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Federal child welfare law mandates
regarding education records
The Adoption Assistance and Child Welfare Act of 1980
requires that:
86

Each foster child’s case plan should include
education and health records, to extent they are
available and accessible

Education and health records should be supplied to
foster parent or foster care provider at the time of
each placement
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Federal law requires each foster
child’s case plan to include:







87
Names/addresses of child’s educational & health
providers
Child’s grade level performance
Child’s school record
Record of the child’s immunizations
Child’s known medical problems
Child’s medications
Any other relevant health and education information
concerning the child to be appropriate by the State
agency
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
NYS OCFS Mandates on Education
Records:
Child’s case record should include
“educational and/or vocational training reports or
evaluations indicating the educational goals and
needs of each foster child, including school
reports and Committee on Special Education
evaluations and/or recommendations”
18 N.Y.C.R.R. 428.(b)(4)(iii).
88
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Federal Educational Rights and
Privacy Act (FERPA)


89
FERPA governs disclosure of education
records and applies to
schools and educational institutions/agencies
receiving federal funding (including all public
schools)
Schools operated by private agencies, but
which service children “publicly” placed (e.g,
placed by CSE, LDSS, Family Court & NYS
Office of Mental Health)
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
“Education Records” include:
90

“any record that is directly related to the
student and is maintained by the school or a
party acting for the school.”

information recorded in any way, including
handwriting, print, computer media, video,
audio, film microfilm, microfiche
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Excluded Records
Under FERPA, education records do not
include:

91
Teacher/staff “anecdotal records,” kept in
their sole possession as a personal memory
aid and shared with no one except a
temporary substitute
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Key Elements of FERPA
92

Ensures privacy and confidentiality of education
records containing “personally identifiable
information” (e.g., name, address and other info that
would make it easy to trace the student’s identity)

Permits disclosure of basic “directory information”
(e.g., information that is not harmful or an invasion of
privacy, such as name, address, field of study,
participation in athletics, degrees, awards, etc.)
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Under FERPA, Parents have these
rights:




93
To access to own child’s education records
To receive records from schools within 45 days of
request (but the IDEA standard is different)
To request amendment of records that may be
inaccurate, misleading or a violation of student’s
privacy (with recourse to a hearing)
To consent to release of child’s education records to
a third party
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The definition of “parent” under
FERPA is different from the IDEA
94

FERPA definition is broader than under the IDEA

Under FERPA, parent is defined as a “natural parent,
guardian or individual acting as a parent in the
absence of a parent or a guardian.”

Non-custodial parents have full rights under FERPA,
unless their parental rights regarding education
records have been legally revoked by statute, court
order or other legally binding document.
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Open Questions: No definitive
answers…yet!
95

Is a child welfare agency (whether public or private)
a “parent” under FERPA, entitled to access children’s
records without parental consent or a court order?

Is a foster parent a “parent” under FERPA?
(But, if foster parent is the “parent” under the IDEA,
foster parent will be parent under FERPA, too!)
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Student Rights to Access Records

96
Parental rights under FERPA transfer to the
student at age 18 or when the student
attends an institution of postsecondary
education
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Parental Consent to Disclosure of
Records to Third Parties
Consent must be:
 written, signed, dated
 state the records that may be disclosed
 state the purpose of the disclosure
 Identify the party to whom the disclosure may
be made
97
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Permitted Records Disclosure without
Parental Consent include:



98
School officials within the school district:
records may be shared among school
officials, including teachers, determined to
have “legitimate educational interests”
School officials from other districts in which
child is enrolled or intends to enroll
Judicial order
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
IDEA Provisions on Education Records



99
Schools must comply with records requests
without unnecessary delay and before any
meeting regarding an IEP or a due process
hearing
Schools must provide explanations and
interpretations of records on parent request
School may presume parental authority to
inspect/review records absent evidence
otherwise
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Advocacy Tip: Request Information on
Composition of a Proposed Class Placement

10
0
Request information on proposed class
composition (other students’ ages,
classifications, intellectual and learning
levels, and services)
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Transmittal of records when
children move. The IDEA requires:
The new school district in which the child
enrolls to take reasonable steps to promptly
obtain the student’s records, including the
IEP and supporting documents relating to
special education from the previous school
 The previous school to take reasonable
steps to promptly respond
Note: Failure to do this can be a denial of
FAPE!!

10
1
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Identifying Important Records


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


Cumulative record or
transcript
Attendance
Report cards
Standardized Test Results
Academic and other
progress reports
Health
Discipline



–
–
–
–
–

10
2
IEPs
Section 504 Plans
Individualized Assessments
such as:
Psychological
Educational
Speech/language
Visual
Physical Therapy
Notes and Correspondence
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Organizing Education Records



Create education binder or folder
Organize records chronologically
Maintain coversheet that readily identifies
–
–
–
–
–

10
3
History of home placements
History of school placements
Listing of school evaluations and dates
Listing of school eservices
Listing of special education, including classification
Maintain separate correspondence/notices section
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Ideas for an Initiative: The
Education Passport


A “passport” can facilitate child’s movement from one
placement to another and entry into adulthood
Develop passport that includes, for example:
–
–
–
–
–
–
10
4
Birth certificate
Immunization records
Physical examination records
Cumulative School record or transcript
IEP or Section 504 Plan
Documentation of general education services received
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Committee on Special
Education




10
5
Administrative body in school district responsible for
special education decisions
Conducts initial and annual review of child,
recommending eligibility for services and IEP
Schools may have CSE or “sub-CSE” (in NYC,
different names may be used, but carry out same
function)
Technically, the CSE makes recommendation to
Board of Education, but in practice, Board rarely
declines to approve an IEP (if so, may return matter
to CSE for further review; may even appoint a new
CSE!)
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Committee on Special Education:
The Members


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



10
6

Parent of student
Supervisor/provider of special education knowledgeable about
general curriculum and school resources (typically the CSE
“Chair”)
School psychologist
Student’s regular education teacher
Student’s special education teacher(s) or, if appropriate, service
provider
Parent of a school-aged child in district who has a disability (the
“parent member”) or parent of a child who has been
declassified or graduated within the last five years.
School physician, upon request
Others with knowledge or expertise regarding child, invited by
parent or school district
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Notice of CSE Meetings


CSE must give parents written notice of
meeting at least 5 days before meeting
Notice must include, among other things:
–
–
–
10
7
Purpose, date, time and location
Name and title of those expected to attend
Indicate parent has right to participate as a
member
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Questions about parental
participation in the CSE
What is the duty of the CSE to
accommodate a parent’s schedule?
2. What options are available if a parent can’t
get there but wants to participate?
3. Can the CSE make a recommendation
without the parent present?
Hint: Search in 8 NYCRR section 200.5
1.
10
8
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The CSE Meeting: Determining Student
Eligibility for Services
The Inquiry:
Does the student fall within one of the 13
classifications of disability?
Does the child need special education?
10
9
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Pre-Referral Strategies



11
0
Before classifying the child, the CSE must examine
pre-referral (“early intervening”) strategies
Pre-referral strategies include, e.g., academic
intervention services (AIS) and educationally related
supports services (e.g., speech/language,
occupational therapy, reading remediation,
counseling) and supplemental educational services.
If services have not been sufficient, child may need
special education
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
13 Special Education School-Aged
Classifications


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11
1

Deafness
Deaf-blindness
Emotional Disturbance
(ED)
Hearing Impairment
Learning Disability (LD)
Mental Retardation
(MR)
Autism
Multiple Disabilities





Orthopedic Impairment
Other Health
Impairment (OHI)
Speech or Language
Impairment (SLI)
Traumatic Brain Injury
Visual Impairment
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Find the Classification!











11
2

Dyslexia
Asthma
Depression
Cleft Palate
Traumatic brain injury caused by parental abuse
Asperger’s Syndrome
School phobia
Central auditory processing disorder
Cerebral palsy
Blindness in one eye
Downs Syndrome
Attention deficit hyperactivity disorder
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The CSE Mission: Designing an
Individualized Education Program (IEP)
The IEP, in a detailed fashion,
 identifies the child’s performance, needs, and
measurable goals
 Identifies the child’s school placement, program and
services (that is, all special education resources
provided to the child)
 Imposes a legal duty upon school districts to provide
all programs, services, aids and accommodations,
etc., listed in the IEP
11
3
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The IEP Checklist



11
4
Participant’s Manual identifies list of items to
include in an IEP
Use the checklist to review the IEPs of
children to see if these items are addressed
properly
Use the IEP checklist when you wish to
brainstorm on possible services for child
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
A Good IEP is a “SMART” IEP





11
5
Specific
Measurable
Action Words
Realistic
Time-limited
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
A Good IEP is “Needs Driven”

11
6
If an IEP is “needs driven,” what should come
first?
Identifying the child’s program? Or
identifying the child’s needs?
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Identifying the Child’s Present Levels
of Performance and Needs

Sources of information, e.g.:
–
–
–

Types of Information
–
–
11
7
Parents, Foster Parents, Caseworkers, Therapists
School Personnel and Service Providers
Evaluators
Objective Data
Anecdotal Information
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Determining A Child’s Educational
Needs: The Four Domains




11
8
Academic and Functional Achievement,
Performance and Learning Characteristics
Social Development
Physical Development
“Management Needs”: Modifications and
Resources to bring to school environment
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Develop Annual Goals





11
9
Goals are measurable
Progress toward goals is measured with
identified evaluative criteria and procedures
Goals include timeline for achieving goal
Goals are reassessed over time
Short-term objectives are included for
severely disabled children exempt from
standard state assessments
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Measurable Annual Goals
12
0
Which are measurable?
 John will improve his reading comprehension by
learning how to identify contextual clues.
 Mary will improve his reading comprehension skills
by six months as measured by the WoodcockJohnson.
 Susan will identify and master the sounds and
symbols of each letter of the alphabet.
 Susan will develop strategies to improve her
interactions with her peers.
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Maya’s Story
Read about Maya’s
story and identify what
you think her
educational needs are.
Consider the four
domains. Write her
needs into a sample
IEP!
12
1
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Personal Values and Differences in Education
Choices for Families: What is your role?
12
2

Would Maya’s mother identify her needs
differently from you?

How do you make choices about what’s
important for a child – for example, balancing
academic against social/emotional goals?
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Special Education Program & Services
12
3

Special Education is a “service,” not a place!!

Services are individualized, but generally
come off a “menu” of options included on a
“continuum” from less to more restrictive
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Special Education Continuum of Services, generally
moving from less to more restrictive
Consultant Teacher
Related Services
Resource Room
Special Classes
Special Day School
Day Treatment
Residential Program (24 hour)
Home and Hospital Instruction
12 month (Extended School Year) Services
Interim Alternative Educational Settings
12
4
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Placement must be in the LRE.
The regulations require that:
The placement of an individual student with a disability
in the least restrictive environment shall:
(1) provide the special education needed by the
student;
(2) provide for education of the student to the maximum
extent appropriate to the needs of the student with
other students who do not have disabilities; and
(3) be as close as possible to the student's home
12
5
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Related Services
Developmental, corrective and other supportive
services as are required to assist a student
with a disability, including appropriate access
to recreation and other support services and
the early identification and assessment of
disabling conditions
12
6
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Related Services include, but are
not limited to:








12
7
Speech-language pathology
Audiology
Interpreting
Psychological
Physical Therapy (PT)
Occupational Therapy (OT)
Counseling (including
rehabilitation counseling)
Orientation and Mobility






Limited Medical Services
Parent Counseling and
Training
School Health Services
School Social Work
Assistive Technology (AT)
devices
Therapeutic recreation
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Rest of the Continuum






12
8
Consultant Teacher
Resource Room
Self-Contained Classes
Home and Hospital Instruction
Approved Private Schools
Twelve month programming
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Assistive Technology


12
9
Assistive Technology Devices include any
item, equipment or product system (off the
shelf or customized) used to increase,
maintain or improve the functional
capabilities of student
Assistive Technology Services directly assist
the student in the selection, acquisition and
use of an assistive technology device
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Supplementary Aids and Services
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Supplementary Aids and Services means:
“aids, services, and other supports that are
provided in regular education classes or
other education-related settings to enable
students with disabilities to be education with
non-disabled students to the maximum
extent appropriate in accordance with the
LRE.”
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Additional IEP Services may
include, for example:
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Adaptive Physical Education (APE)
Behavioral Intervention Plan (BIP)
Transitional Support Services for the teacher (as
child moves to less restrictive environment)
Transportation Services
Travel Training
Supplemental School Personnel (teacher aide or
assistant)
Teacher/staff in-servicing on child’s disability/needs
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Modifications and Accommodations in
areas such as:
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Testing
Homework
In the classroom strategies
Preferential seating
Discipline strategies
Field trips
Extracurricular activities
Transportation
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Transition Services
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Children age 15 and up are entitled to
services to promote movement into
adulthood
Services are described in detail in separate
portion of training
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Declassification Support Services
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Students that the CSE no longer considers
eligible for special education services are
“declassified”
Declassified students may receive
“declassification support services” for up to
one year after entering the full-time regular
education program.
Services are to aid in the transition to the
regular education program.
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Section 504: Addressing the Educational Needs of
Unclassified Children with Disabilities
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
Section 504 Plans are available for children who
have a physical or mental impairment which
substantially affects a major life activity, including
learning.

Schools have Section 504 policies and procedures in
place. Ask for copies!

CSE Classification and the IEP provide much greater
procedural protections for parent and child
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Section 504 Accommodation Plans
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
Typically available to children whose test scores and
performance is strong, despite some factors that interfere with
schooling or require accommodation, so that the CSE declines
to classify them

Examples: A child missing a limb, with diabetes, or with ADHD.

Section Plans include variety of services and modifications
(e.g., testing modifications, preferential seating, behavioral
interventions, steps to address medical needs, etc.)
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
When Children Move: The Portable IEP
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IEPs are “portable” from school to school
For transfers within NYS: Receiving school districts
must, in consultation with the child’s parents, provide
services comparable to those described in the
previously held IEP until it adopts the previous IEP or
develops, adopts and implements a new IEP.
For children from out-of-state, school must provide
comparable services until it conducts an evaluation, if
necessary, and develops a new IEP.
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
A Return to Maya’s Story
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What program and services
do you think Maya could use
in her IEP?
Consider the needs you
have already identified and
the LRE requirements.
Be creative! Look at the full
list of special education
programs and services as
your starting point.
Fill in your sample IEP.
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Annual Review
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
The CSE meets each year (typically toward
the end of the year) to decide the program
for the next school year

The CSE looks at eligibility for services,
progress toward goals, need for evaluation,
program and services for new IEP.
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Re-Evaluation
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At least every three years, but more
frequently, if parent or teacher request
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Not more than once a year, unless parent
and school agree

Children should be re-evaluated before a
significant change in placement.
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Scope of Reevaluation
The reevaluation must be sufficient to
determine the student’s:
 individual needs,
 educational progress and achievement,
 ability to participate in instructional
programs in regular education and
 continuing eligibility for special
education.
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
A Return to Least Restrictive
Environment: Inclusion
LRE terms:
 Inclusion
 Integrated Classrooms
 Blended Classrooms
 Mainstreaming
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Educating Peter
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Watch a year in the life of
Peter, a young boy who has
Downs Syndrome. Consider:
Was Peter’s school year a
success?
What support did the teacher
need and get?
What impact did Peter’s
placement have on the other
children?
How does Peter’s experience
affect your view of the
possibilities of inclusion?
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Conflict in Special Education
Disagreements arise over issues such as:
 Classification (whether and how to classify)
 Right to independent evaluations
 Failure to comply with procedures in
developing IEP
 Failure to develop appropriate IEP
 Failure to implement IEP
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Due Process Entitlements: The Due
Process Hearing
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
The “Due Process Complaint Notice” initiates the request

Hearings are formal, recorded by a stenographer; typically,
lawyers attend and examine witnesses, present evidence, etc.

Hearing officer are trained and appointed off the school district’s
rotational list

The complaint notice triggers a pre-hearing resolution session
to be held within 15 days of receipt of complaint, which parties
may waive.

Hearing must be held and decision issued within strict time
periods (determined by certain factors, including whether
parties participate in pre-hearing resolution session or
© 2005 CDHS College Relations Group Buffalo State
mediation and if district
attempts
toFoundation
resolve issue).
College/SUNY
at Buffalo Research
Due Process Hearing Requests: Pros
and Cons
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Pros
Locks in “Status Quo”
or “Pendancy
Placement”
Quick action: puts child
on the front burner
Attorney, if involved,
may gain fees from
school district
Other ideas?
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Cons
May halts good will
efforts
Can damage
relationship with school
personnel
Other ideas?
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Opportunities for Discussion and
Settlement during Due Process
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“Pre-Hearing Resolution Session:” within
15 days of complaint notice, school must
offer parents session to discuss their
complaint and the district may attempt to
resolve their concerns
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Mediation: A Useful Tool, particularly
for children in foster care
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District must offer mediation when due process
complaint is submitted
Parent may request mediation even without due
process complaint!!
Mediation brings players around the table in a
neutral setting
Mediated agreement is incorporated by CSE into IEP
without a CSE meeting
Where active parent is lacking, mediation is tool for
child welfare personnel to compel a gathering to
address issues in which there is conflict!!
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Beyond the Due Process Hearing:
Appeals Beyond
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After a decision is issued in a due process
hearing, parents or the school may further
appeal
The State Review Officer, an arm of the State
Education Department that is independent of
the Commissioner of Education, reviews
appeals
From there, appeals may be heard in state or
federal court
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Being a Good Advocate: The Essential
Elements
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Be prepared: know the child, know the facts,
know the law
Know school and community resources
Communicate effectively
Learn how to use “principled negotiation”
strategies
Know when to bring in a trained education
advocate!!
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Principled Negotiation: The Win/Win
Approach
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Separate the people from the problem
Identify interests versus positions
Find common interests
Develop options for mutual gain
Look for objective standards
Identify your best alternative to a negotiated
agreement (BATNA)
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Identifying Positions versus Interests
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Scenario: Joe is classified
as emotionally disturbed and
is in an inclusion middle
school program. He does
reasonably well in the
classroom, where both the
regular and special
education teacher use
strategies to keep him
focused and positive. As he
changes from class to class,
however, he sometimes gets
into arguments with other
kids. He also has difficulty
on the playground.
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Joe’s Scenario: The Positions
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
Joe’s foster parent feels Joe is picked on and does not have the
ability to stay out of arguments. She worries he may get
involved in a physical altercation. She also feels that he gets
picked on and that other kids goad him on. She wants the
school to assign an aide to accompany him from class to class
and to supervise him on the playground.

The school district says “no” to an aide. Joe is getting older
now and needs to be more independent, not dependent, on
adults. The principal says he’s going to have to learn how to
handle himself or be subject to discipline, like all the other
students.
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
What are the basic positions?
Joe’s foster mother:
I want
____________.
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The School:
We want
_____________.
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
What are the interests? Look behind
the positions…
Joe’s foster mother:
My interests are:
____________________
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Joe’s School
My interests are:
___________________
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The next steps
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Searching for common interests
Developing options for mutual gain
Look for objective standards
Weighing the best alternative to a negotiated
agreement
Reach realistic, fair agreement
Apply these to Joe’s Scenario!
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Communication Strategies
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15
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Listen carefully and respectfully
Use positive body language
Use a positive tone of voice
Reframe: State another person’s view in a more positive way
(e.g., instead of “the teacher is incompetent,” “it is a challenge
to for the teacher to find effective tools to work with Joe”!)
Ask questions
Avoid accusation, blame, etc.
Keep the child uppermost in your mind. The child may suffer
because of your lack of control.
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Preparing for the CSE Meeting
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Talk about the process with parents/foster parents.
Identify who will take lead. Try to work our your own
differences and strategies before you enter the room!
Assess whether an education advocate is needed.
Bring a list of items you wish to discuss and
questions you want to ask.
Contact CSE Chairperson to let him/her know who is
coming (you, parent, foster, parent, CASA, etc.).
Sort out issues of “who is parent” beforehand!
Prepare your own agenda and organize yourself.
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The CSE for Maya: A Fishbowl
Exercise
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15
9
Take your parts
Be a principled
negotiator
Coach when you’re so
inclined!
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Maya’s CSE, cont.
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Transition to Adulthood: Special
Education Transition Services
Under the IDEA, “transition services” are
“a coordinated set of activities for a student
with a disability, designed within a
resulted oriented process that is focused
on improving the academic and functional
achievement of the child with a disability
to facilitate the child’s movement from
school to post-school activities…”
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Transition Services facilitate movement into
post-school activities that include:
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post-secondary education,
vocational training,
integrated employment (including
supported employment),
continuing and adult education,
adult services,
independent living, or
community participation.”
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Age Requirements
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For those students beginning not later than
the first IEP to be in effect when the student
is age 15 (and at a younger age, if
determined appropriate), and updated
annually,
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Required IEP Content for Transition
Services

a statement of the student’s transition needs, taking into
account the student’s strengths, preferences and interests;

appropriate measurable postsecondary goals based on age
appropriate transition assessments relating to:
–
–
–
–
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training,
education,
employment and,
independent living skills, where appropriate
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Required IEP Content, cont.
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
a statement of the transition service needs of the
students that focuses on courses of study, such as
participation in advanced placement courses or a
career and technical program;

needed activities to facilitate the student’s movement
from school to post-school activities; and

a statement of responsibilities of the school district
and, when applicable, participating agencies for the
provision of transition services.
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The transition services activities must
include:
(1) instruction;
(2) related services;
(3) community experiences;
(4) the development of employment and other
post-school adult living objectives; and
(5) when appropriate, acquisition of daily living
skills and functional vocational evaluation.
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Vocational Assessments
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
NY mandates a vocational assessment of children
age 12 or older in special education.

Mandated assessment includes “a review of school
records and teacher assessments and parent and
student interviews to determinate vocational skills,
aptitudes and interests.

This mandated assessment is a broad screening,
known as a “level 1” assessment.”
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Further In-depth Vocational
Assessments can be requested
Level 2: an exploration, which involves
collecting vocationally relevant information by
administering inventories, assessments and
other forms of data collection
Level 3: a comprehensive vocational
evaluation, which can include situational
assessments and on-the-job evaluation of
skills, needs and interests
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Mandated “invitees” to a CSE meeting
to discuss transition services
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Parent
Student (If the student does not attend, CSE must
take steps to ensure the student’s preferences and
interests are considered.)
Representatives of agencies likely to be responsible
for providing or paying for transition services (If a
representative doesn’t attend, the school must make
efforts to involve the agency in the planning of any
transition services.)
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Transition Services Planning is
Creative and Collaborative
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Services can be provided in and out of classroom
Services can be provided in and out of school in all
kinds of settings
Services can be provided by teachers, mentors,
business people, craftspeople, artisans, coaches,
entrepreneurs, professionals, etc.
Services can be provided by schools, public
agencies and private agencies
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
What if participating agency fails to
deliver services or do its part?
The CSE must reconvene to determine
another course of action to address the
child’s transition service needs
17
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Linking Youth to Adult Services
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CSE plays role in linking to services
CSE must notify parents of certain students
(generally those with intense needs/severe
disabilities) who may need adult services of the
opportunity and procedure for obtaining a State
agency determination of the student’s need for adult
services and a recommendation of appropriate
programs
With parental consent, CSE may send information
on student to OMH, OMRDD, OCFS or NYSED
The CSE duty complements that of local social
service districts
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Transition: An Opportunity (often lost) for
Collaborative Planning between Child Welfare
Agencies and Schools
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
Child welfare laws require services to
prepare foster youth with independent living
skills

Child welfare agencies and schools often do
not coordinate
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Federal Child Welfare Law: John H.
Chafee Foster Care Independence Act
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
Federal law that promotes independent living in
housing, employment, education, health and
traditional life skills

Does not mandate services, but provides funding to
States for such services

State allots Chafee funds to initiatives around NYS
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
NYS Education and Training Vouchers
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
Funded through Chafee

First come-first served basis, offers vouchers to foster youth
and former foster youth to help attend colleges, universities and
vocational training institutions

Provides up to $5,000 to use toward tuition, books or qualified
living expenses

On-line applications at
www.statevoucher.org/state.xhtml?state=NY
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
NY Permanency Bill: Child Welfare
Duties Overlap with Special Education
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NY Permanency Bill requires that children,
age 14 and over receive services and
assistance to enable them to learn
independent living skills
Permanency Hearing Reports must include a
description of the services and assistance
provided to child
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Student Discipline: General Principles

Special education law imposes a complex process on schools
to balance the
–
–
–
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need to address misbehavior of all children,
to protect others in the school environment,
and to ensure children with disabilities still receive FAPE
Children with disabilities may not be subject to long-term
suspensions/removals from class if their misconduct is a
“manifestation” of their disability (but interim alternative
educational settings are valid for dangerousness or incidents
involving serious bodily injury, weapons, controlled substances
or illegal drugs)
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Red Flags in Discipline Arena
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Reports of poor or disruptive behaviors in school
Frequent discipline (time out, removal from fun
activities, detention, no recess, etc.)
Frequent removals from class or suspensions (10
days triggers legal entitlements)
Ineffective teacher discipline system (using charts,
penalties, rewards)
School transfers because of discipline issues
Changes in placement, especially to more restrictive
environment, because of behavior
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
A Big Red Flag: When
Removals/Suspensions Total 10 or more
17
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
10 days of removal/suspension from educational
placement is a “disciplinary change in placement”
and triggers a unique process to protect rights of
classified children.

10 days may be 10 consecutive days or 10
cumulative, non-consecutive days in a school year
where removal/suspension is a pattern (a pattern is
determined by factors such as length of each
removal, amount of time removed, proximity of
removals.)
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Functional Behavioral Assessments
and Behavior Intervention Plans
Special education law requires that IEPs address
behavioral components of a child’s disability.
Children with discipline issues need:

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functional behavioral assessments and
behavioral intervention plans.
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
A Functional Behavioral Assessment
(FBA) means
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the process of determining why a student engages in behaviors
that impede learning and how the student's behavior relates to
the environment. The functional behavioral assessment
includes, but is not limited to:
the identification of the problem behavior,
the definition of the behavior in concrete terms,
the identification of the contextual factors that contribute to the
behavior (including cognitive and affective factors) and
the formulation of a hypothesis regarding the general conditions
under which a behavior usually occurs and probable
consequences that serve to maintain it.
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Behavioral Intervention Plan
A BIP is based on the results of a functional behavioral
assessment and includes:
 a description of the problem behavior
 global and specific hypotheses as to why the
problem behavior occurs and
 intervention strategies to address the behavior
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Questions to Ask:
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What are the precise behaviors that cause concern?
When/where do they occur?
What discipline methods are used?
How frequently are they used?
What are the underlying causes and triggers of the child’s
conduct?
Is the teacher/staff aware, to the extent necessary, of the child’s
unique social history?
Has a functional behavioral assessment taken place? (This
can identify the triggers.)
Is there a behavioral intervention plan in place?
What help does the classroom teacher/school staff need to
understand and address child’s needs? Would an in-service
help?
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
The Basic Rules for All Kids:
Suspensions Under 5 Days


Principals may suspend any child up to 5
consecutive school days
Before suspension, parents are entitled to:
–
–
–
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Immediate notice by telephone, if possible
Written notice, within 24 hours, describing the incident, &
proposed suspension
Informal conference with principal
If child poses danger, however, suspension may take
place immediately
Child is entitled to alternate instruction
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Suspensions Over 5 Days for All Kids
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A superintendent's hearing is required for
suspensions over 5 days
The child has a right to counsel and to question and
present witnesses
The superintendent may recommend suspension
and could recommend a school transfer
The child entitled to alternate instruction during
suspension
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Suspensions Over 10 days for Classified
Children: General Procedural Protections
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Manifestation Determinations
Expedited Evaluations
FBAs and BIPs
Expedited due process
Ongoing entitlement to special education for
suspensions over 10 days and in interim alternative
placements
Special rules for dangerous children and incidents
involving serious bodily injury, weapons and drugs
© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation
Closing Activity: Special Education
Jeopardy
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© 2005 CDHS College Relations Group Buffalo State
College/SUNY at Buffalo Research Foundation