WELCOME
Pro Bono Special
Education Training
February 2016
Introduction
Nancy Drane, Pro Bono Director
Pro Bono Special Education Training
February 2016
Welcome to CLC’s Pro Bono Program
• Overview of Children’s Law Center
• Special Education Work
• Children’s Law Center’s Pro Bono Program
• Special Education
• Housing Conditions
• Custody Guardian ad Litem (CGAL)
• Caregiver (Adoption, Guardianship, Custody)
• Who are CLC Pro Bono Attorneys?
• Why do volunteers work with CLC’s Pro Bono Program?
• How CLC Supports its Pro Bono Volunteers
• Finding the Right Pro Bono Case
Welcome
• Agenda for today
• Overview of Healthy Together and Handling Special
•
•
•
•
•
•
Education Cases
Overview of DC’s School System
What is Special Education?
Handling a Special Education Case
The Due Process Hearing
Section 504 of the Rehabilitation Act
Review of Materials, Questions, Potential Cases
Other Preliminaries
• Review of Handouts
• Special Education Manual
• Facility Information
• Training Evaluations
Thank you!
Pro Bono Special Education Training
February 2016
Children’s Law Center fights so every child in DC can grow up
with a loving family, good health and a quality education. Judges,
pediatricians and families turn to us to be the voice for children
who are abused or neglected, who aren’t learning in school, or
who have health problems that can’t be solved by medicine alone.
With 100 staff and hundreds of pro bono lawyers, we reach
1 out of every 8 children in DC’s poorest neighborhoods – more than
5,000 children and families each year. And, we multiply this impact by
advocating for city-wide solutions that benefit all children.
Visit childrenslawcenter.org to learn more.
Overview of Healthy
Together and Handling
Special Education Cases
Tracy L. Goodman, Director, Healthy Together
Sarah Flohre, Supervising Attorney
Pro Bono Special Education Training
February 2016
What is a Medical Legal Partnership?
•
A healthcare delivery model that integrates legal assistance as
a vital part of the healthcare delivery system
• Expanding the concept of medical care for low income families to include
legal representation
•
Program model based on prevention
• Removing non-medical barriers to children and families’ health
and wellbeing
• Address adverse social conditions negatively impacting health
through a variety of modalities
•
MLPs work to address and prevent adverse social pressures
with legal remedies through:
• Direct Patient Contact
• Provider Training
• Systemic Advocacy
CLC’s Healthy Together: DC’s Medical
Legal Partnership for Children
“[D]ramatic
differences in
…child and adult
health outcomes
based on social
factors such as
income and
wealth…begin early
in life-even before
birth-and
accumulate over
lifetimes and across
generations.”
Robert Wood Johnson
Fdn, Issue Brief Series:
Exploring the Social
Determinants of Health,
March 2011
•Children’s National Health System
• One of the oldest MLPs in the country
• In 2002 began with one lawyer
•In 2015 we now have ten lawyers and two
investigators
•A variety of Children’s National clinics and programs:
•Generations
•Four Children’s Health Center Locations
•Large focus on teen parents and SE residents
•Mary’s Center for Maternal and Child Health
• Began in 2010 with grant funding through Mary’s
Center’s Healthy Start Healthy Family program
• Currently working on a joint program surrounding
children and asthma
•Unity Healthcare, Minnesota Avenue
•Started onsite in April
Why Special Education Cases?
•
•
•
•
•
•
Filling a community need
Hands-on lawyering
Direct advocacy
Litigation experience
Concrete results for children
Working with families
Children’s Law Center fights so every child in DC can grow up
with a loving family, good health and a quality education. Judges,
pediatricians and families turn to us to be the voice for children
who are abused or neglected, who aren’t learning in school, or
who have health problems that can’t be solved by medicine alone.
With 100 staff and hundreds of pro bono lawyers, we reach
1 out of every 8 children in DC’s poorest neighborhoods – more than
5,000 children and families each year. And, we multiply this impact by
advocating for city-wide solutions that benefit all children.
Visit childrenslawcenter.org to learn more.
Overview of DC’s
School System
DCPS, Public Charter Schools,
Other Options
Tracy L. Goodman, Director, Healthy Together
Sarah Flohre, Supervising Attorney
Pro Bono Special Education Training
February 2016
School Options for DC Kids
•
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•
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•
•
Home
Early Childhood Centers (ages 0-2)
Head Start Programs (ages 3-5)
Public Schools (Pre-K through 12)
Public Charter Schools (Pre-K through 12)
Private Schools
Residential Facilities
Institutions
Hospitals
Avenues for Enrollment in DCPS Schools
• Residence in a Particular Neighborhood
• School lottery
• http://www.myschooldc.org/
• Application high schools
• Transfer (safety transfer or other special
transfer)
• Placement Decision by Special Education IEP
team/school system
• Through Hearing Officer Decision (special
education)
Avenues for Enrollment in Charter Schools
• School Lottery:
• Most charter schools participate in the common lottery
http://www.myschooldc.org/
• A few charters still run their own application/lottery
process
• Lottery System
• May not discriminate against students with disabilities in
admission
• If over-subscribed, must maintain a waitlist
• No uniform way to manage waitlists
• By date of application
• By lottery
• Once lottery is concluded, any open spots are awarded first
come, first serve
Avenues for Enrollment in Private/Non-Public Schools
• DC Opportunity Scholarship Program/Voucher
Program
• Will not cover the costs of most special education
private schools.
• Typically covers the costs of parochial schools.
• Placement Decision by MDT/IEP team (full time
special education school)
• Through Hearing Officer Decision (full time
special education school)
Getting to School
Students in DC must get themselves
to school (for DCPS or Charter School)
UNLESS
 they qualify for transportation as part
of their special education plan or under
the Americans with Disabilities Act OR
 the school provides transportation for
all students
Public School System Framework
•
State Education Agency (SEA)
• In DC: Office of the State Superintendent for Education (OSSE).
• The state school system of the state in which the child resides that
oversees all LEAs in the state, see, 20 U.S.C. §1412.
•
Local Education Agency (LEA)
• In DC: District of Columbia Public Schools (DCPS) or the
Independent Charter School (LEA Charter).
• Per the Special Education Quality Improvement Act of 2014
(DC Act 20-488), all charters must be their own LEA by Aug. 1,
2017. The exception is any charter where over 90% of the
student population is special education (St. Coletta’s PCS)
• The local school system of the county, city, or town in which the
child resides and oversees the day-to-day delivery of specialized
instruction and related services to children with disabilities, see, 20
U.S.C. § 1413.
Who Oversees Who…
OSSE
DCPS
DCPS Schools
Independent
LEA Charters
District Charters
(until Aug 1, 2017
except St. Coletta’s
PCS)
Public
Charter
School
Board
LEA Status: Who is the LEA?
• DCPS Schools
• DCPS
• Charter Schools
• District Charter Schools: Charters that elected to
have DCPS as the LEA. No charter will allowed to be
a dependent charter after Aug. 1, 2017.
• LEA Charter Schools: School is its own LEA
• DCPS is not involved in service provision or
oversight
Why Does it Matter Who the LEA is?
• It will dictate with whom you will be advocating
• Different LEAs often have different approaches to
their legal obligations to children with disabilities
• OSSE’s relationship with DCPS as the LEA is different
than its relationship with individual LEA Charter
Schools (DCMR 5-3019.8 and OSSE policies)
• Where DCPS is the LEA, OSSE does not interact directly with
particular schools
• Where the Charter School is their own LEA, OSSE works directly
with the school
• Most significant when a change in placement is being
contemplated
• It does NOT impact legal obligations of the LEA
• A single LEA Charter school has the same legal obligation as the
120+ school DCPS system to meet the needs of all children with
disabilities
Children’s Law Center fights so every child in DC can grow up
with a loving family, good health and a quality education. Judges,
pediatricians and families turn to us to be the voice for children
who are abused or neglected, who aren’t learning in school, or
who have health problems that can’t be solved by medicine alone.
With 100 staff and hundreds of pro bono lawyers, we reach
1 out of every 8 children in DC’s poorest neighborhoods – more than
5,000 children and families each year. And, we multiply this impact by
advocating for city-wide solutions that benefit all children.
Visit childrenslawcenter.org to learn more.
What is Special Education?
Overview of Special Education Law
in the District of Columbia
Tracy L. Goodman, Director, Healthy Together
Sarah Flohre, Supervising Attorney
Pro Bono Special Education Training
February 2016
What is Special Education?
• Specially designed instruction, provided at no
cost to the parent, that meets the unique
needs of a child with a disability.
• Special Education Can Include:
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•
•
•
•
Travel training
Vocational training
Specialized Academic Instruction
Related services
Classroom Accommodations and Modifications
• See CFR §300.39
Related Services Can Include:
•
•
•
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Speech and Language Therapy
Occupational Therapy
Physical Therapy
Counseling Services/Behavioral Support
Services
• Transportation Services
• Parent Counseling and Training
• Medical Services
• See 34 CFR §300.34
Accommodations/Modifications and
Supplementary Aids and Services:
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•
•
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Dedicated Aide;
Use of Word Processor;
Special Seating;
Adaptive Furniture;
Extra Time for Tests;
Breaks during Testing or Class;
Testing at Best Time of the Day for the Student;
Specified Form for Directions (Repeated, Written,
Oral); and
• Use of Calculator
• See 34 CFR §300.42
Legal Authority
• The Individuals with Disabilities Education Improvement Act
(IDEIA)
•
Title 20 USC § 1400, et seq
• Federal Regulations
•
•
34 CFR Parts 300 and 301 (ages 3-21)
34 CFR Part 303 (ages 0-2)
• Local Regulations
•
District of Columbia Municipal Regulations, Title 5
• Three New Local Laws
•
•
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Enhanced Special Education Services Amendment Act of 2014, D.C. Act 20487
Special Education Quality Improvement Act of 2014, D.C. Act 20-488
Special Education Procedural Protections Expansion Act of 2014, D.C. Act
20-486
• OSSE Special Education Student Hearing Office Due Process
Hearing Standard Operating Procedures Manual (SHO SOPM)
• Policies promulgated by OSSE and DCPS (e.g. Policies and
Procedures for Placement Review)
What is the IDEIA?
• The Individuals with Disabilities Education
Improvement Act is a federal statute that is
meant to ensure that all children with
disabilities receive a free and appropriate
public education (FAPE) in the least
restrictive environment (LRE)
• Children ages 0 to 22 are covered by the
IDEIA
• Part C of the IDEIA covers children ages 0 through 2
• Part B of the IDEIA covers children ages 3 through 21
Key Term:
Free and Appropriate Public Education (FAPE)
• Special education and related services:
• Provided at no charge to the parent under public supervision and
direction;
• Meets the standards of the State Education Agency (OSSE);
• Designed to meet the individual needs of the child to ensure the child
makes educational progress;
• Are provided in conformity with the child’s Individualized Education
Program (IEP).
• See 20 USC §1401(9); 34 CFR §300.17
• A child’s educational progress cannot be
trivial or de minimus
Key Term: Child Find
• DC must ensure that all children with disabilities or
suspected of having a disability, residing in the city (or
who are wards of the city) and who are in need of special
education and related services are identified, located, and
evaluated
• Applies regardless of the severity of the child’s disability
• Includes children who are:
•
•
•
•
Not attending school;
Homeless;
Wards of the District (committed to CFSA or DYRS);
Attending Private Schools and Public Charter Schools
• See 20 USC §1412(a)(3); 34 CFR §300.111
Key Term:
Individualized Education Program (IEP)
“[Congress
envisioned] the
IEP as the
centerpiece of the
[IDEA]’s education
delivery system
for disabled
children.”
Honig v. Doe, 484
US 305 (1987)
• A written statement for each child with
a disability that is developed, reviewed,
and revised in accordance with the
IDEIA (20 USC §1414(d))
• The plan governing what a child in
special education should be receiving as
part of his/her education
• See 20 USC §1401(14); 34 CFR §300.22
Key Term:
Least Restrictive Environment (LRE)
• To the maximum extent appropriate, children
with disabilities are educated with children
who do not have disabilities in a regular
education classroom; and,
• Children with disabilities should attend their
neighborhood school unless that school does
not have the kind of program that can meet
their special needs
• See 20 USC §1412(a)(5); 34 CFR §300.114
Steps to Obtain Special Education
1.
2.
3.
4.
5.
6.
7.
Referral
Evaluation
Eligibility Determination
IEP Development
Placement Determination
IEP Review
Re-Evaluation
Step 1: Referral
• In order to be evaluated for special education
and related services, a child with a suspected
disability must first be referred for evaluations
• A child must be referred by:
•
•
•
•
Parent
Employee of school system;
Adult child; or
Employee of another state agency (e.g. CFSA, DBH)
• See 20 USC §1414(a); 34 CFR §301(b)
How are Referrals Made?
• Referrals should be made in writing to the school
system or principal
• Referrals should include:
• Date of the referral;
• Simple statement of educational concerns of the child and
why you think child has a disability;
• Statement requesting evaluations and special education
service; and
• Signature and contact information of person making the
referral.
• Referrals for children ages 0-3 should be made to
OSSE for Early Intervention
• Referrals for children ages 3-5 should be made to
Early Stages
What Happens Once a Referral is Made?
• The school must hold an MDT/IEP meeting after the referral is
made and before conducting evaluations
• At the meeting, the school should:
• Review current information and data about the child and any pre-referral
interventions;
• If further evaluations are needed, develop a Student Evaluation Plan
(SEP) detailing the reasons for the referral and the evaluations to be
conducted;
• Explain to the parent what evaluations are to be conducted; and
• Obtain informed consent from the parent of the child (See 20 USC §
1413(a)(1)(D); 34 CFR § 300.9)
Multidisciplinary Team/IEP Team
•
MDT/IEP team must include:
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•
•
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The parent(s);
Special education teacher;
Individual who can interpret evaluation results;
Other persons at the discretion of parent or LEA, who have
knowledge or special expertise regarding the child;
• The child, if appropriate; and
• Representative of LEA who is:
• Knowledgeable about general curriculum of LEA;
• Knowledgeable about the availability of resources of LEA; and
• Qualified to provide or supervise the provision of special
education
• See 34 CFR §300.321
Step 2: Evaluation
• The LEA is responsible for conducting a
comprehensive and individualized evaluation
to determine:
• Whether a child is a child with a disability, and
• The educational needs of the child
• See, 20 USC §1414(b); 34 CFR §300.304
• DC Code allows the school 120 days to
complete initial evaluations
• Trumps IDEIA, which provides for 60 days in the
absence of state rules to the contrary
• As of July 1, 2017, the DC timeline will be 60 days.
Common Types of Evaluations:
Psychological
•
Names of Psychological Evaluations:
• Psycho-educational Evaluation - conducted by a psychologist
• Clinical Psychological Evaluation - conducted by a psychologist
• Comprehensive Psychological Evaluation - conducted by a psychologist
• Neuropsychological Evaluation - conducted by a neuropsychologist; for children who
have an underlying neurological disorder, including autism.
•
Three main areas of testing
• Cognitive/Intelligence
• Social-emotional
• Academic testing
•
School Psychologist vs Clinical Psychologist:
• School psychologists only need to have a masters and be licensed by OSSE
• Clinical psychologists are PsyDs and have state licensure to practice
• School evaluations will give classifications from IDEIA
• IEEs by clinical psychologists will give DSM-IV classifications
•
Psychiatric Evaluation
• conducted by an MD psychiatrist
• IDEIA permits this type of evaluation, but schools rarely do it and refer out
• Not a good alternative to a psychoeducational—should be conducted in conjunction with
it
Common Types of Evaluations:
Related Services
• Speech and Language Evaluation
• Physical ability to produce speech
• Expressive and receptive language
• Occupational Therapy Evaluation
• Fine motor skills
• Sensory differences
• Physical Therapy Evaluation
• Gross motor skills
• Assistive Technology Evaluation
• Looks at whether any technology can assist the student’s educational
functioning
• Functional Behavioral Assessment
• Series of observations to determine the root causes and triggers of a student’s
problematic behaviors
• Used to create a behavior intervention plan
Step 3: Eligibility Determination
• Once all evaluations are completed, the
school must convene another MDT/IEP
meeting
• Meeting is to review the evaluations
• Meeting must include someone who can interpret
evaluation data
• The MDT/IEP team must determine if the child:
• Is a child with a disability as defined in the IDEIA; and
• If that disability impacts the child in the school setting
such that they require specialized instruction and
related services
• See 20 USC §1414(b)(4); 34 CFR §300.306
Eligibility Determination
• When making this determination, the MDT/IEP team
must review the evaluations and other relevant
information, such as:
•
•
•
•
•
Existing evaluations provided by the parent;
Information provided by the parent;
Assessments conducted in the classroom;
State and local assessments of the child; and
Observations of teachers and related service providers
• See 20 USC §1414(c)(1)
Disabilities Under the IDEIA
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Autism
Deaf-Blindness
Deafness
Developmental Delay
Emotional Disturbance
Hearing Impairment
Intellectual Disability
Multiple Disabilities
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•
•
•
•
Orthopedic Impairment
Other Health Impairment
(includes ADHD, HIV/AIDS,
etc.)
Specific Learning Disability
Speech and/or Language
Impairment
Traumatic Brain Injury
Visual Impairment
(Including Blindness)
What if a Parent Disagrees?
• The parent has a right to request an Independent Educational
Evaluation (IEE) to be paid for by the LEA
•
•
•
Parent only need express their disagreement with the LEA’s evaluation
and request funding for an independent evaluation
Parent can disagree with the LEA’s decision not to evaluate or not to
comprehensively evaluate
The LEA may request additional information on the disagreement
• After a request for an IEE, the LEA has two choices under
the law
• Provide funding authorization for an IEE without unnecessary
delay
• File a due process complaint against the parent to prove the
appropriateness of their evaluation
• 34 CFR §300.502
Step 4: Development of an IEP
• The IEP is developed by the MDT/IEP team
• The IEP must include:
• The child’s present level of performance;
• Information on how the child’s disability affects his/her involvement
and progress in a general education setting;
• Measurable annual goals and objectives;
• Levels and types of special education, related services,
supplementary aids/services and program modifications;
• An explanation of the extent to which the child will not participate
with nondisabled children in the regular class; and
• Any accommodations required in the classroom and for
standardized testing
• See 20 USC §1414(d)
Other Important IEP Components
• Transportation
• Extended School Year (ESY)
• Behavior Intervention Plan (BIP) (See 34 CFR §
300.324(a)(2)(i))
• Functional Behavior Assessment (FBA) should be done first
• Transition Plan (See 34 CFR § 300.43)
• Required for child ages 14 and over (since March 2015
special education legislation)
• Should be developed after a vocational evaluation
• Includes a transition services plan and age-appropriate
goals relating to:
•
•
•
•
Training;
Education;
Employment; and
Independent Living Skills, if appropriate
Step 5: Placement
•
Meeting convened with the IEP/MDT team
•
Can be separated from or folded into an IEP meeting
• Placement is based on the individual needs of the child,
and must consider:
•
•
The IEP; and
LRE requirements
• Placement is made by a group of people, including:
•
•
The parent, and
Other persons knowledgeable about the child, the meaning of the
evaluation data, and placement options
• Placement must be determined at least annually
• Placement must be as close as possible to the child’s
home
•
See 34 CFR §300.116; 20 USC §1414(e)
Continuum of Placements
• Instruction in General Education Classes
•
Inclusion/Push-in Services by special education provider
• Instruction in Special Classes
•
•
Pull out classes in academic subjects or for related services
Ranges from one or two classes to the bulk of a child’s school day
• Special Schools
•
•
•
Educational placement where a child spends all day in a special education
setting with special education peers.
No contact with regular education peers during the day
Can be a public school or a non-public school
• Home Instruction
• Instruction in Hospitals and Institutions
•
•
Residential programs are for kids unable to function in the community
Children with disabilities in residential programs must be able to access their
specialized instruction
• See, CFR §300.38 and § 300.115
Step 6: IEP Review
• IEPs must be reviewed and revised as
necessary, but at least once a year
• A parent or school can request an IEP meeting
at anytime if there is concern about the
provision of FAPE to the child
• For example:
• Child is regressing in academic or behavioral areas
• Child has begun to act out
• Child has made excellent progress and goals need
to be adjusted
• See 20 USC §1414(d)(4)
Step 7: Re-Evaluation
• A child who receives special education services must be
re-evaluated in all areas of suspected disability every 3
years unless all members of the team agree that it is not
necessary
•
•
A school may not unilaterally make the decision not to evaluate
Team’s decision not to evaluate should be documented
• A child can be re-evaluated more frequently at the request
of the parent or teacher
• School must also re-evaluate child “as conditions warrant”
•
•
•
Sudden change in school performance
Significant event in child’s life (death of parent, trauma) impacting
school performance
See 20 USC §1414(a)(2); 34 CFR §300.303(b)(2)
Procedural Requirements for the Provision of FAPE
• The LEA must provide parents:
1. A copy of the Procedural Safeguards
2. The opportunity to review their child’s educational records;
3. The opportunity to meaningfully participate in IEP
development and placement decisions;
4. The opportunity to obtain an independent educational
evaluation;
5. Prior Written Notice when proposing or refusing to initiate or
change the provision of FAPE to the child (now including a
change in educational location);
6. The opportunity for mediation; and
7. The opportunity to file a Complaint
• “Stay-put” rights until the complaint is resolved
Prior Written Notice (PWN) Must Include:
• A description of the action proposed or refused by the
agency;
• An explanation of why the LEA proposes or refuses to
take the action;
• A description of each evaluation procedure, record, or
report used as a basis for the action;
• A description of other options considered by the IEP
team and the reason why those options were rejected;
and
• A description of the factors that are relevant to the
LEA’s proposal or refusal
• See 20 USC §1415(c)
Troubleshooting Denial of FAPE
Procedural Issues
•
•
•
•
•
•
Timeline Violations
Notice to parents
Parent Involvement
IEP team participants
IEP implementation
Timely Evaluations
Substantive Issues
•
•
•
•
•
•
Meaningful Progress
IEP Implementation
Appropriate instruction
Appropriate evaluations
LRE
Appropriate
educational placement
• Appropriate teachers
and therapists
A Procedural Violation = Denial of FAPE When:
• It impedes the child’s right to a FAPE;
• It significantly impedes the parent’s
opportunity to participate in the decisionmaking process regarding the provision of a
FAPE to the child; or
• It caused a deprivation of education benefits
to the child  HARM
• See 20 USC § 1415(f)(3)(E)(ii)
Discipline: Suspensions and Expulsions
• Students with disabilities have special protections in
disciplinary matters
•
Can still be suspended, but depending on number of days, school
must follow certain procedures
• A student with a disability is always entitled to a FAPE and
can never be excluded from receiving an education
• These protections cover children with disabilities who have
not yet been found eligible for special education if:
•
The school system knew or should have known that the child is a
child with a disability through parent or teacher referral
• See, 34 CFR §300.534
Extra Protections for Students with Disabilities
• Excluding a child with disabilities from class for more than
10 school days is a change in placement.
•
•
Therefore, the school must hold a meeting to determine whether the
behavior is a manifestation of the student’s disability
This meeting must take place whether it’s been 10 consecutive days or
10 days throughout one school year
• If it is a manifestation, and/or is a result of the school’s
failure to provide appropriate services or implement the
child’s IEP, then the suspension/exclusion cannot take
place
What is a Manifestation Determination?
• A meeting of the child’s IEP team to determine if the behavior
that lead to the disciplinary action is substantially related to
the child’s disability
• The IEP team must convene within 10 school days to
determine if:
(i) If the conduct in question was caused by, or had a direct and substantial relationship
to, the child's disability;
•
This is NOT whether the child knows right from wrong
or,
(ii) If the conduct in question was the direct result of the LEA's failure to implement the
IEP.
(iii) DCPS also considers if the IEP was appropriate
•
The Team must review and consider all relevant info, including:
• Evaluations
• Observations of the child
• Information provided by the parent
• Current IEP and placement
See, 34CFR §300.530
Manifestation Determination: Results
• If the team answers “yes” to any of those questions,
the behavior is deemed to be a manifestation of the
child’s disability and the disciplinary action must be
rescinded.
• There is an exception for incidents where child had
dangerous weapon, drugs, or caused serious bodily
injury
• In addition, the school must:
 Conduct an FBA and create/implement a BIP
 Review a BIP already in existence and modify it as necessary
 Permit the child to return to their previous placement, unless team
agrees there should be a change in placement
34 CFR §§300.530 through 300.536
20 U.S.C. 1415(k)(1) and (7)
And if a Parent Disagrees?
• Expedited Due Process Hearing is always available
• DCPS Students
• DCMR regulations apply to DCPS students (not DCPS-LEA
charter school students) (DCMR Title 5, Chapter 25)
• Disciplinary hearings available for suspensions over 10
days
• Other types of advocacy may be possible
• Charter School Students (even DCPS)
• No DCMR regulations exist for charters but they do have to
follow the IDEIA disciplinary provisions
• Charters set their own disciplinary policies, and many do not
have clear policies
• Limited appeals may be possible
Children’s Law Center fights so every child in DC can grow up
with a loving family, good health and a quality education. Judges,
pediatricians and families turn to us to be the voice for children
who are abused or neglected, who aren’t learning in school, or
who have health problems that can’t be solved by medicine alone.
With 100 staff and hundreds of pro bono lawyers, we reach
1 out of every 8 children in DC’s poorest neighborhoods – more than
5,000 children and families each year. And, we multiply this impact by
advocating for city-wide solutions that benefit all children.
Visit childrenslawcenter.org to learn more.
Handling a Special Education
Case
From First Contact Through Advocacy
Development
Tracy L. Goodman, Director, Healthy Together
Sarah Flohre, Supervising Attorney
Pro Bono Special Education Training
February 2016
Client Realities: Representing Parents
Housing
Education
Violence
Immigration
Finances
Family
Health
Insurance
Disability
Child Care
Food
Other Issues that May Be Impacting Clients
2015 POVERTY GUIDELINES
FOR THE 48 CONTIGUOUS
STATESAND THE DISTRICT
OF COLUMBIA
Persons in
Poverty guideline
family/household
For families/households with more
than 8 persons, add $4,160 for each
additional person.
1
2
3
4
5
6
7
$11,770
15,930
20,090
24,250
28,410
32,570
36,730
8
40,160
• Income
• Your client may work
• BUT many wage jobs do not allow time off
to attend meetings, answer calls, etc.
• Even very low wage employment cuts
families off from much state assistance,
adding financial pressures on the family
• Your client may not work
• May have young or needy children requiring
their full attention
• May have a disability of their own
• Public Benefits
•
•
•
Certification and recertification processes can be
arduous
Do not cover the cost of raising and feeding a family
Housing is often unsafe, unsanitary, and unstable
Other Issues that May Be Impacting Clients
• Education
• Your client may not:
• Have graduated from high school
• Have basic literacy skills
• Have been provided the information they need to
advocate for their children
• Other Stressors
• Your client may:
• Have responsibilities for extended family members,
neighbors, etc.
• Have to rely on public transportation
• Not to be safe in his or her home or neighborhood
Implications: Client Interactions
• Barriers to communication via phone or face to
face:
•
•
•
•
•
Inflexible job
Transportation Costs
Time commitment for using public transportation
Caring for an infant or other relative
Cost of cell phone minutes
• Client may come to you frustrated and confused
• Frustrated with the school, and sometimes the child him or
herself
• May not understand everything that is happening to his/her
child or how to fix it
• May be overwhelmed by other stressors
Implications: Communication
• Make sure your client knows how to contact you
• Send a letter with your name, address, phone number, and
e-mail
• Find out all possible ways to contact your client
• Some client’s contact information may change during
representation, make sure your client knows to keep you up
to date
• At the end of the month, client’s cell phones may be shut
off—try again at the beginning of the month
• Ask for the phone number of a friend, family member, or
other person who can be a back-up contact
Implications: Communication
• In written and spoken correspondence, always
use regular language your client can access and
understand
• Check in consistently (e.g. “did I explain that okay?”)
• Thoroughly explain verbally anything you send to
your client in writing
• Try to keep written communication at an eighth
grade level
• Many programs allow you to check literacy levels
• Discuss how you and your client will stay in
regular communication early in your
representation
First Steps
When you take a
special education
case from
Children’s Law
Center, you will
receive all the
information and
every document
we were able to
gather during our
intake process.
1. You will receive an intro email from
your mentor once you notify us
conflicts check is complete
•
CLC will each out to your client to notify
them
2. Contact the client as soon as possible
to schedule initial meeting
• Ask them to update you on anything that
happens with the school, including if the
school wants to schedule a meeting
• Consider transportation and logistical
challenges for the client
• Consider whether client needs funds to get
to your office
Initial Client Meeting: The Basics
•
Sign retainer and release in the initial meeting
• Review and sign the retainer
• Get client to sign a release of information
•
You will want to explain what it means to work with a lawyer
• Confidentiality
• The relationship (e.g. the client is the “boss”)
• Long and short term goals
• Importance of staying in contact
•
Use simple language—don’t use legalese or abbreviations!
•
Discuss who will communicate with the school about requests for
meetings, evaluations etc.
•
Be explicit about when you want them to contact you
•
•
•
Any contact from school
Before signing anything
Training manual has some suggested topics for the first meeting in
Tab 1
Deciding on an Advocacy Strategy
• Adversarial vs. Collaborative approaches
• Much of the work will be informal advocacy, even if you
are going to litigation
• Why Collaborative?
• Client may want child to continue at the school
• School may be cooperating and some other entity (ie:
DCPS central office) is the main issue
• School may give you more information
• Why Adversarial?
• Headed directly into litigation
• School has completely alienated your client
• You need to go straight to “litigator” mode
Common First Steps:
Requesting Records
• Requesting records
• Request school records from the Special Education
Coordinator (“SEC”) or school registrar
• Request medical or mental health records as needed
• You should request to inspect and copy the
records at the school’s expense or to have the
school send a copy to you.
Common First Steps:
Requesting an IEP Meeting
• Requesting an IEP meeting is a typical first
step for either an adversarial or collaborative
case
• How to request the meeting:
• In writing to the special education
coordinator or director of special education
• You can be specific in your email/letter
about what you want to meet about to
ensure the correct personnel are there
General Tips on IEP Meetings
• Meetings are often led by the special
education coordinator
• But, you should feel free to add the “purpose” of the meeting
• Discuss how you will communicate with your
client and who will speak during the meeting
•
•
•
•
You are creating a “record” but there is no
recording and usually no notes by the
school.
You can tape record if you want.
If you are going to litigation, you may want a paralegal/third
party present.
Follow up in writing (again, hearsay is admissible and you
put the school on notice).
New Legislative Changes
• The Special Education Student Rights Act of 2014
(DC Act 20-486) in effect since March 10, 2015
requires:
• LEA shall provide the parent with any evaluations,
assessment, report, data chart or other document to
be discussed at an IEP meeting no fewer than 5
business days before the IEP meeting
• LEA shall provide parent with a copy of the amended
or new IEP no later than 5 business days after the
meeting where changes were made. If a final copy is
not available, then the LEA must provide the latest
available draft IEP and then a final copy no later than
15 business days after it was agreed upon.
What happens at an IEP Meeting to
improve the IEP?
• IEP meetings are run differently at every
school
• But, the general course of most is:
1. Introductions and review of the purpose of the meeting
• Feel free to add to the purpose of the meeting
2. Review of how the child is doing by teachers/service
providers
3. Review of Evaluations (if relevant)
4. Discussion of issues raised by parent or school
• Attendance
• Grades/credits
• Specific issues with the IEP
What happens at an IEP meeting in an
eligibility case?
1.
First meeting: Student Evaluation Plan and Consent to Evaluate
•
•
2.
The team must agree which evaluations are needed
The parent must provide written consent
Second Meeting: The team must meet within 120 days to review the
evaluations and determine eligibility
•
•
•
Evaluators will review evaluations and give the opportunity to ask questions
Team will determine if the child qualifies for special education
If the team determines:
•
•
•
3.
The child qualifies for special education, then they will create an IEP
The child has a disability, but would be better served by a 504 plan—refer to 504
team
The child is not eligible for either, then the parent can object and/or request IEEs
Second or Third Meeting: Creation of the IEP
•
•
•
Ensure that there are adequate services in the appropriate setting
Ensure that appropriate modifications are in place
Discuss placement
What happens at an IEP meeting in an
IEE case?
1. First Meeting: Request IEE
•
•
•
This may be accomplished in writing with the school without a meeting
If the school does not respond to your request, you will want to contact
DCPS Central Office
Once you have the authorization, we can make referrals for evaluators
2. Provide IEE to the school
•
Be sure to document when you gave it to the school
3. IEE Review Meeting
•
•
•
•
IEE evaluator typically does not attend the meetings
School will need time to review the evaluations prior to the
meeting
DCPS will require that their staff write a summary and determine
if DCPS accepts or rejects the IEE
This meeting may be very positive with the school or you may be
setting up for litigation
What happens at an IEP meeting for
placement?
• Very dependent on what type of school
• But, the general course of most is:
1. Introductions and review of the purpose of the
meeting
• Feel free to add to the purpose of the meeting
2. Review of how the child is doing by teachers/service
providers
3. Discussion of type of placement needed
•
•
School may agree more restrictive placement is needed
School may disagree—then you will need to start building
your case
Placement in a DCPS LEA Case
• If the team agrees that a more restrictive placement is
needed, DCPS’ Least Restrictive Environment (sometimes
called “Location Review”) team will be called in.
• Often, the LRE team will meet without the parent or any
members of the IEP team
• If the team agrees that a new location of services is
needed, DCPS’ placement team will be called in.
• Again, this team does not often meet with the IEP team or the
parent
• The parent can accept the proposed placement or can
litigate for a different placement.
• We do not think this is a legal process and we recommend
that you create a record of disagreement with this
process.
Placement in a LEA Charter Case
• If team agrees that a more restrictive placement is needed
AND the Charter can not provide it, the team will do a
referral to OSSE.
• OSSE’s placement team will meet with the school and
with the IEP team
• OSSE will issue a state recommendation
• OSSE will issue a location of services letter within ten days of
the IEP meeting with OSSE
• This is a big advocacy opportunity to drive the school
selection.
Post-Meeting Strategy
• In all situations, you should consider a follow
up letter to the school outlining:
•
•
•
•
Key things from the meeting
Anything you believe the school agreed to do
Any outstanding issues
Any issues you were not able to raise at the meeting
Other Advocacy Strategies to
Consider: DCPS Cases
1. Contact DCPS Central Office
•
Most helpful for issues around IEEs or compensatory
education
• Case compliance officer for the school (public schools)
• LEA progress monitor for the school (non-publics)
• Carla Watson, Director of Compliance and Resolution
2. Contact the Instructional Superintendent
• Most helpful for issues around discipline, bullying or
transfers between DCPS schools
3. Contact the central office 504 Specialist
•
Colin Bishop
Litigation Cases
• For cases you anticipate will go to litigation:
• Obtain all school records
• And maintain a set as the school gave it to you in case
there is a disagreement about whether you were
provided all records
• Get copies of classwork/homework from your
client
• Document everything
• Get read receipts on emails/fax confirmations
• Consider bringing in an expert to observe the
child at school and to advise you
Using Experts
• Attorneys often find an expert helpful to help them
determine next steps, appropriateness of an IEP and
placement issues.
• Types of experts:
•
•
•
•
•
Psychologists (often evaluators)
Speech-language, occupational therapy or physical therapy experts
Psychiatrists
Counselors
Educational expert (often former long-time special education teachers
and administrators)
• Why retain an expert?
•
•
•
•
Parent has burden of proof
Expert opinion is sometimes necessary to prove issues raised in your
case
Experts can help in understanding child’s needs
Discussion of appropriateness of proposed remedy
Costs of Experts
• Expert costs are variable
• Expectation is that Firm will pay cost of experts
• Cost Example: Educational Experts
•
•
Often retained to an independent evaluation of educational need
From $5000-$10,000 for investigation and hearing.
• Evaluators:
•
•
•
Independent Educational Evaluations (IEEs) authorized by the LEA are paid
by the LEA at pre-determined rates
Firm may pay cost of evaluation if no IEE or if IEE rates do not cover cost of
preferred evaluator
Evaluators will typically charge an additional fee to testify, if needed
• Hourly fees for testimony range widely
• Special Education Student Rights Act of 2014 (DC Act 20-486):
• For cases filed after July 1, 2016, reasonable expert witness fees
may be sought in many cases.
Special Education Student Rights Act of
2014
• Special Education Student Rights Act of 2014 (DC Act
20-486) in effect since March 2015, has improved
access to school observations
• Requires that LEA’s:
• Shall provide timely access to any current or proposed
special education program to:
• the parent of a child with a disability
• to a designee appointed by the parent who has professional
expertise in the area of special education being observed or is
necessary to facilitate an observation of a parent or to provide
language translation assistance to a parent
• Includes other important protections for observations
DCPS Observation and Visitor Policy
• But, schools may still request experts to sign documents limiting
ability to observe
CLC Recommendations:
• If your expert or evaluator is presented with a document to sign
that limits their ability to observe, or report on observations,
please have them:
1.
2.
3.
Sign their name at the bottom and write underneath their signature,
“my signature on this agreement is subject to the attached
addendum.” This addendum is available in the pro bono practice
manual.
Sign the addendum and date it
Make sure to get copies of the two documents together (the school
will keep the originals, but ask for a copy for their files).
• Please notify us if your expert is presented with an addendum or
similar document
DCPS Observation and Visitor Policy
Text of the CLC-recommended addendum:
I am conducting an independent educational evaluation of [CHILD’S FULL
NAME] to assist with the provision of special education services under the
Individuals with Disabilities Education Improvement Act (IDEIA). I understand
that the attached Confidentiality Agreement is not intended to interfere with
the rights afforded by the IDEIA to children with disabilities or their parents.
To the extent required under the IDEIA, as soon as possible upon completion
of my observation and report, I agree to provide said report of any
recommendations or observations I made regarding the above-referenced
student and the student’s classroom/school environment to the District of
Columbia Public Schools.
_____________________________
NAME
Date
____________________
Children’s Law Center fights so every child in DC can grow up
with a loving family, good health and a quality education. Judges,
pediatricians and families turn to us to be the voice for children
who are abused or neglected, who aren’t learning in school, or
who have health problems that can’t be solved by medicine alone.
With 100 staff and hundreds of pro bono lawyers, we reach
1 out of every 8 children in DC’s poorest neighborhoods – more than
5,000 children and families each year. And, we multiply this impact by
advocating for city-wide solutions that benefit all children.
Visit childrenslawcenter.org to learn more.
The Due Process Hearing:
Overview of the Process, Practice
Tips, and Litigation Skills
Tracy L. Goodman, Director, Healthy Together
Sarah Flohre, Supervising Attorney
Pro Bono Special Education Training
February 2016
Types of Cases that are Commonly
Litigated
• Cases against DCPS/DCPS dependent charter
school rather than an independent charter
school
• Eligibility cases
• IEE cases
• Placement cases
• These cases frequently proceed to a due process
hearing
Due Process Hearings
Due Process
hearings play out
over a very short
timeline – just 75
days from the day
you file to the day
you receive a
hearing officer
decision.
• Special education cases are litigated
administratively
• The “trial” is called a due process hearing
•Petitioner bears the burden of proof
•Independent Hearing Officers are
contracted to hear Petitioner claims
•In DC Hearing Officers contract with, but do not
work for, OSSE
• In DC Hearing Officers directly control other
aspects of case management
Burden of Proof
• Currently, the Petitioner bears the burden of proof
and persuasion unless an HO orders otherwise.
• Once fully in effect, the Special Education Student
Rights Act of 2014 (DC Act 20-486) will require:
• Where there is a dispute about the program or placement
the child is in or one which is proposed by the school:
• If the petitioner bears the burden of production and establishes a
prima facie case; then,
• the public agency shall have the burden of persuasion on the
appropriateness of the program or placement.
• Becomes effective for all due process complaints filed after
July 1, 2016
Filing a Complaint
• Who can file?
Complaints should
include basic
facts, a list of legal
issues and
general proposed
remedies.
• Parents can file a complaint regarding any
matter relating to the provision of a free
and appropriate public education
• LEA can also bring a complaint against the
parent in certain circumstances
• Parent refuses to consent for initial
evaluation or re-evaluation
• Parent has requested an IEE and the
school wants to defend its own
evaluation
• Child over 18 who has educational rights
can file on his/her own behalf
What can you file about?
• Any denial of FAPE against the student by the LEA or
SEA you are naming in your complaint
• Alleged violations must have occurred not more than
2 years before the date the filing party knew or should
have known about the alleged action forming the
basis for the complaint
• There are statutory and case law exceptions to the
statute of limitations
Litigation Options
• When filing, you can choose:
• Mediation only
• Mediation and a due process hearing
• Note that mediation tolls the timeline for the due process
hearing
• Due process hearing only
• Expedited due process hearing
• Motion required, even if automatic entitlement
Expedited Due Process Hearings
• When Can a Hearing be Expedited?
• Automatic application when the complaint concerns certain
discipline matters.
• At the discretion of the hearing officer if the
physical/emotional health or safety of the student or others
is in danger; or
• At the discretion of the hearing officer if there is other
substantial justification
• What is the Expedited Hearing Timeline?
• Within 20 School Days of filing: Hearing must be held
• 3 Business Days before hearing: Disclosures Due
• Decision must be issued within 10 School Days of hearing
What Remedies are Available?
• Any remedy that can address the denial of FAPE
is possible.
• Prospective remedies include:
• Placement
• Increased services on the IEP
• Addition of services/accommodations on the IEP
• Retrospective remedy is called compensatory
education
Compensatory Education
• Compensatory Education (Comp Ed) is the term for the remedy
for past denial(s) of FAPE
• In DC, compensatory education must place the child where s/he
would have been but for the LEA’s failure to provide FAPE
•
Cannot be an hour for hour plan unless there is proof that the plan is
specifically crafted for the child’s needs
• Key case: Reid v DC, 401 F.3d 516 (2005)
• Comp Ed can include anything the child needs, including:
•
•
•
•
•
•
Tutoring
Speech and language/physical therapy/occupational therapy services
Mental health services
Transition services
Mentoring
Technology and software
Compensatory Education
• For the time period in question:
Consider some
key questions
to ensure your
case in chief
supports a
compensatory
education
award
•
•
•
What should the IEP have looked like?
What level of services should have been in place?
What should the placement have offered?
• Had everything been appropriate, where
would the child be:
•
•
•
Academically,
Socially and emotionally, and/or
Functionally
• What does the child need to be put in the
place they would have been, but for the
denial of FAPE?
•
•
What evidence do you have to support your
claim?
Is their precedent that supports a novel comp ed
request?
What happens after you file?
Resolution Period (Days 1-30)
• Day 10: Deadline to file response
• There are statutory requirements for what the response must contain
if no prior written notice was issued
• Day 15: Deadline for school to convene the Dispute Resolution
Session/Resolution Meeting Session.
• The LEA’s attorney often does not attend.
• This is NOT confidential per the statute
• Day 30: End of Resolution Period unless waived earlier by
parties
What happens after you file?
Litigation Period (Days 31-75)
• Prehearing Conference: Convened by phone to discuss:
•
•
•
•
•
Issues raised and responses
More specifics on relief requested
Expected witnesses
Determine which legal issues will be heard at the hearing
Length of hearing and dates of hearing
• Prehearing Order: Hearing Officer will issue a Prehearing
Order that sets the parameters of the hearing. You must
make written objections within 3 days.
What happens after you file?
• Motions: You can file any motion until the 5-day
disclosure deadline. Oppositions to motions are
due within 3 business days of the filing of the
motion.
• 5-day Disclosures: All proposed written evidence
and a letter with a witness list and short proffers
about testimony is due 5 business days before
the hearing. This is served simultaneously by
both sides. You generally cannot include any
other documents at the hearing.
Practical Things about the Hearing
• Where?
• OSSE Office of Dispute Resolution (“ODR”)
• 810 First Street, NE, 2nd Floor, Room 2001,
Washington, DC 20002
• The Hearing:
• Conducted like a regular trial with openings, Petitioner’s
case, Respondent’s case, closings.
• EXCEPT:
• The whole proceeding is conducted while seated around a
conference table
• All documentary evidence in the Disclosures is admitted at
the beginning of the hearing unless there is an objection
• Hearsay is admissible
• Witnesses may testify by phone
After the Hearing
• The Hearing Officer will issues a written Hearing
Officer Decision by the 75-day deadline and
usually within 10 days of the hearing.
• You can submit post-hearing filings
• Some HO’s allow/prefer written closings
• Sometimes you want to brief a specific area of law to create
your record
• Appeals are to the DC District Court (D.D.C.)
• Have 90 days from the date of the HOD being issued to appeal
• Appeals are heard on a mixed standard of review (court can
hear it de novo)
• Must be admitted to the D.D.C. bar to file an appeal in D.D.C.
Children’s Law Center fights so every child in DC can grow up
with a loving family, good health and a quality education. Judges,
pediatricians and families turn to us to be the voice for children
who are abused or neglected, who aren’t learning in school, or
who have health problems that can’t be solved by medicine alone.
With 100 staff and hundreds of pro bono lawyers, we reach
1 out of every 8 children in DC’s poorest neighborhoods – more than
5,000 children and families each year. And, we multiply this impact by
advocating for city-wide solutions that benefit all children.
Visit childrenslawcenter.org to learn more.
Section 504 of the
Rehabilitation Act of 1973
504 Plans at School
Tracy L. Goodman, Director, Healthy Together
Sarah Flohre, Supervising Attorney
Pro Bono Special Education Training
February 2016
Why are we talking about 504 plans?
• 504 plans are an increasingly common way to
get interventions for children in school,
especially where they are not eligible for
special education or are not yet receiving
special education.
What is Section 504?
• The Rehabilitation Act of 1973, Section 504 is a broad civil rights
law which protects individuals with disabilities in any agency,
school or institution receiving federal funds from discrimination
and establishes their right to have the opportunity to fully
participate with their peers.
• Regulations create affirmative obligations for schools that
accept public funding for students with disabilities of mandatory
school age
• Schools are required to provide a FAPE
• In DC, school is mandatory from age 5 (kindergarten) through
age 18.
• For younger students who attend a public elementary school,
the regulations are slightly less clear, but can be argued that
they also are entitled to a FAPE.
•
34 C.F.R. 104.31-.39
Who is Protected?
• Section 504 covers qualified students with disabilities who
attend schools receiving Federal financial assistance.
• To be protected under Section 504, a student must be
determined to:
•
•
•
Have a physical or mental impairment that substantially limits one or more
major life activities; or
• Schools are not allowed to consider “mitigating measures” (e.g.
medication, hearing aids, etc.) when considering whether a child is
eligible.
Have a record of such an impairment; or
Be regarded as having such an impairment.
• A Major Life Activity can include:
•
•
•
•
•
Caring for oneself
Performing manual tasks
Walking, seeing, hearing, speaking, breathing
Learning
Working
What does the law require of schools?
• Provide a free appropriate public education (FAPE) to
qualified students in their jurisdictions with a physical or
mental impairment that substantially limits one or more
major life activities.
•
FAPE through Section 504 is generally defined the same as under
IDEIA (case law)
• Schools must take steps to identify and plan for educating
students with disabilities. Consequently, they must:
•
•
•
Conduct Evaluations
Develop a plan
Provide protections (e.g. disciplinary protections)
• Schools must eliminate barriers that would prevent a
student with a disability from participating fully in the
programs and services being offered to peers.
• Schools must provide reasonable accommodations and
supports to allow the child to participate in the general
curriculum and program
Evaluations under Section 504
• Districts are required to evaluate students with a
suspected disability
•
•
•
Tests must be tailored to measure the student’s aptitude and
achievement.
Generally are less comprehensive than special education evaluations
A doctor’s diagnosis, without proof of substantial limitation on the
student’s ability to learn or another major life activity, is not sufficient
• Parent must consent to initial evaluations
• Re-evaluations must be conducted before a significant
change of placement.
•
An exclusion from an educational program for more than 10 days is
considered a significant change in placement.
• In all other cases, re-evaluations must be conducted
“periodically”
•
•
No specific time frame
The Law encourages using the IDEIA time frame to meet the requirement
Content of the Plan
• Regular education teachers/social workers
often implement 504 plans
• Can include:
•
•
•
•
•
•
Medical interventions/services (e.g. nursing services)
Behavior interventions
Accommodations
Modifications
Transportation
Services: OT, PT, SLT, specialized instruction
Development of the Plan
• There is no set team of people, but typically
includes:
•
•
•
•
Parents
Teacher(s)
Evaluator
School nurse
• Parental consent is NOT required to implement a
plan
• Parental participation is NOT required to create or
revise subsequent plans
Legal Protections
• All districts must provide procedural rights information to
parents
•
Must include notice, an opportunity to review relevant records and access to
an impartial hearing
• All districts must have a dispute resolution/hearing mechanism
•
•
Each LEA operates their appeals process differently.
Some LEA’s have failed to create a proper appeals process.
• Disciplinary protections for children who are eligible for Section
504 are the same as for children who are eligible for the IDEIA
•
Manifestation determination must be held for a child who has been
suspended or otherwise excluded from class for 10 days in a single school
year
When are 504 Plans Used in Practice?
• Where the child has a disability and needs
accommodations but does not require special
education services such as:
• Child with allergy needs classroom accommodations
(e.g., nut-free environment)
• Child with ADHD needs to be allowed to doodle or do
other work to avoid being disruptive
• Child in a wheelchair requires elevator access and bus
transportation
Grievance Procedures
• DCPS has a written grievance procedure, but it is
not meaningful in terms of relief for the child.
– See 25 DCMR §2405
• Most charter schools have no formal written
procedures
• OSSE will not intervene in these cases
• This means that going to federal court may the
only real option if a child has a 504 plan that is
not being implemented
IEP vs. 504 Plan
• With an IEP, the parent and child has more
legal protections and more direct legal
remedies
• With an IEP, it is generally easier to get
services in place
• Schools often takes the position that they are not
required to provide services under 504
• This is because there is no federal funding for 504
plans but there is funding for special education
services
More Information
• DCPS 504 Coordinator:
•
Colin Bishop, colin.bishop@dc.gov
• The federal Department of Education Office of Civil Rights
has great information:
•
http://www2.ed.gov/about/offices/list/ocr/504faq.html
• OSSE has also provided guidance to LEA’s on their obligations under
Section 504
•
osse.dc.gov/sites/default/files/dc/sites/osse/publication/attachments/OSS
E_DSE_Section 504_Toolkit 08 28 12.pdf
Children’s Law Center fights so every child in DC can grow up
with a loving family, good health and a quality education. Judges,
pediatricians and families turn to us to be the voice for children
who are abused or neglected, who aren’t learning in school, or
who have health problems that can’t be solved by medicine alone.
With 100 staff and hundreds of pro bono lawyers, we reach
1 out of every 8 children in DC’s poorest neighborhoods – more than
5,000 children and families each year. And, we multiply this impact by
advocating for city-wide solutions that benefit all children.
Visit childrenslawcenter.org to learn more.