History of IDEA
Key Ideas & Terms
Rights & Safeguards
Deadlines & Due Process
IEP & Steps in Referral Process
100
What is the goal or purpose of IDEA?
-provide children with disabilities the same opportunities for education as those students who do not have a disability -IDEA is designed so students can have a free and appropriate education so students needs are met, rights are protected, assists with providing services and assures effectiveness of services
100
Describe the characteristics of IDEA Part B
IDEA Part B: For students 3-21, In order to get funds, must use nondiscriminatory assessment procedures, multi-disciplinary assessments, an IEP, every child has an opportunity to receive SPED services if necessary and in a LRE. Includes Zero Reject Principle (locate and evaluate students to provide them with FAPE no matter how severe the disability is – unless the parents do not consent to initial evaluation or placement).
100
Informed Consent (which is one parent right) must be...
Knowing, voluntary, and competent
100
What is due process?
Due Process: under 14th amendment no person should be stripped of life liberty or property without due process of law, includes notice/right to be heard/formal procedures
100
Who is involved in the IEP Team?
1.parents of child 2.one general ed teacher 3. sped teacher 4.representative of the LEA 5. person to interpret the evaluation results 6. other individuals who have knowledge or special expertise 7. child, if appropriate *if at private school, representation from both private and public school *if for transition meeting, student must attend but if not able school need to take steps to ensure students preferences and interests are considered *must make reasonable efforts understand, able to participate in group discussions relating to educational placement (ex. provide interpreters) * IEP team member is not required to attend the IEP meeting if the parent and school agree in writing that not necessary
200
What are some other names that the current IDEA was called?
IDEA began as PL 94-142 (Education for the Handicapped Act- EHA) and Got changed to Individuals with Disabilities Education Improvement Act (IDEIA), but now is Individuals with Disabilities Education Act
200
What are the 6 core elements of IDEA?
1. IEP: Individual Education Plan 2. FAPE : free and appropriate to disability 3. LRE: least restrictive environment, entitled to education that is as close to general education as possible, least support needed for student to succeed 4. Appropriate Evaluation 5. Parent/Teacher participation: parent/teacher participation is encouraged, parents do have right to decline services 6. Procedural Safeguards
200
True or false, parents have right to decline SPED services?
True!
200
What is substantive vs. procedural due process?
Procedural: a fair procedure to safeguard citizens from unfair treatment by the government, includes expulsion and suspension Substantive: applies to content of law, states can’t pass a law, rules deprives of rights (Tinker v. Desmoines)
200
Explain the steps in the Referral process
o Pre-referral 1) Contact parents for information 2) Attempt different strategies/interventions 3) Document the results of those effects 4) If progress is still lacking, a referral is made o Referral 5) Once a referral is made, the school contacts the parents to explain the situation and asks for consent to evaluate the child o Evaluation 6) 60 days to complete evaluation and schedule IEP meeting once parental consent if obtained 7) Summarize evaluation with parents to explain the results 8) Determine whether or not the student has a disability under IDEA o Prior to IEP Meeting 9) If determined to have disability, the parents are notified of at will participation in IEP process 10) Relevant information is shared with the team o IEP Meeting 11) Answers questions of the parents 12) If eligible, IEP is developed o Annual Review 13) Provide parents with notice of review 14) Gather information on progress o Re-evaluation 15) Review/Revise IEP as needed 16) Re-explore case or decide that no additional information is needed
300
What are some cases that sparked IDEA?
IDEA sparked by PARC v. Commonwealth of Pennsylvania and Mills v. BOE District of Columbia PARC v. Commonwealth of Pennsylvania: Provide FAPE and Child Find and requires a Parent Notice (Prior Written Notice) if the child is entering SPED classes Mills v. BOE District of Columbia: Provide due process for children with disabilities who aren’t getting a good education (Can’t exclude children with handicaps from school), Provide LRE, Everyone has a right to an appropriate and meaningful education
300
Explain what constitutes as "appropriate evaluation" under IDEA?
No biased measures, multi-method, multi-source , valid/reliable, convergence of data, considering language and using an assessment in appropriate/dominant language
300
In Minnesota when do transition services start? Additionally what is the age of majority?
Under IDEA, transition services start at age 16. In MN, it is age 14 or 9th grade. Age of majority – usually 18 (18 in MN and ND)
300
After parental consent how many days do you have to finish the evaluation? After finishing the evaluation, how many days until the IEP meeting must be held (if the child needs SPED/related services)?
After parental consent, you have 30 school days to finish the evaluation and after determining child qualifies for SPED have 30 calendar days to hold IEP meeting. -60/45 day rule generally-some states are different though
300
What are the components of the IEP?
• Components of an IEP: 1) present levels of academic achievement and functional performance 2) Annual goals (including academic and functional goals 3) Measurment strategy for goals 4) Statement of SPED and related services given 5) Explanation of why the child will/ will not participate with nondisabled children in general education classroom and extracurriculars, etc. 6) Measurable postsecondary goals based on age appropriate transition assessments and the transition services 7) Projected date for beginning of services and modifications and anticipated frequency, location, and duration of services and modifications 8) Individual accommodations that are necessary to measure academic achievement and performance on state and district wide assessments 9) Statement that child has been informed of rights under Part B of IDEA that will transfer to the child at age of majority. *PAM SEM PIS*
400
What are some court cases that deal with the mis-classification of minority children?
-Hobson v. Hansen -Diana v. BOE -Guadalupe Organization Inc. v. Tempie Elementary School District -Larry P. v. Riles -P. A. S. E. v. Hannon
400
Can you override consent for initial assessment? How about placement?
Can override no consent for initial assessment but NOT for initial placement
400
If there is a re-evaluation and the school sends out prior written notice, how many days do parents have to accept and sign the prior written notice? otherwise the school goes ahead without parental signature. Then, how many school days for the re-evaluation assessment?
14 days, 30 days
400
You need prior written notice for...
Annual Review, IEP Development, Due Process Complaint, Dismissal of Services
500
Name all the disability criteria under IDEA?
-ASD -Deaf/Hard of Hearing -Deaf-Blind -Visually Impaired -Speech or Language Disorder -Specific Learning Disability -Emotional or Behavioral Disorders -Developmental Cognitive Disability -Other Health Disability -Physically Impaired -Traumatic Brain Injury -Severely Multiply Impaired
500
What is manifestation determination?
Manifestation Determination: if student in trouble as result of weapons, drugs, injury to self or others, or involves change of placement for a student who violated any school rule, manifest determination must be conducted Review must conducted within 10 days of the decision to change placement, they review all relevant info in students file including IEP, teacher observations, and information from parents to determine if the conduct in question was caused by or had a relationship to disability or if the conduct in question was result of district’s failure to implement IEP So if not manifestation of disability: treat as any other child, but if has IEP under IDEA need to provide FAPE If it is manifestation of disability: another fba conducted and behavior plan must be implemented
500
Explain what procedural safeguards are and what specific safeguards students/their parents are entitled to...
Procedural safeguard spell out what the school can and cannot do when evaluating and providing SPED 1. Access to educational record- FERPA 2. Independent Educational Evaluation (IEE) – Have a right to an IEE (an evaluation of your child’s skills and needs by someone who’s not a school employee and the school must consider the results of the IEE, but the school isn’t required to accept the findings. 3. Parent Participation (IEP meetings) 4. Prior Written Notice- PARC vs. Commonwealth 5. Procedural Safeguards Notice- once per year 6. Understandable language (use native language) 7. Confidentiality of information 8. Informed consent 9. “Stay put” rights- students are allowed to stay in regular education if they choose until the school and parents go through the dispute resolution process. 10. Due Process 11. Civil Action – can file a civil action lawsuit if unhappy with results of due process hearing 11. Mediation – an alternative to due process hearing in order to help resolve a dispute 12. Reimbursement of attorney fees – can order a school to pay for attorney fees if you win a due process hearing 13. State level appeal- parents have the right to appeal the result of a due process hearing to the state department of education 14. State complaint- written complaint to an office state agency if a school violates state of federal education law
500
What must be considered in developing an IEP?
-must consider strengths, parent concerns, results of evaluation, most recent evaluation of child, academic, developmental, and functional needs of the child Team must consider: 1) positive behavioral interventions and supports to address problem behaviors 2) consider language needs 3) team consider providing instruction in Braille and use of Braille 4) opportunities for direct communication for students that are deaf and hard of hearing 5) if child needs assistive technology
500
When is prior notice AND consent needed?
Selective screening, Initial Assessment, Re-evaluation, Initial Placement *Consent only is needed for only: when invitation to other agency to secondary transition meeting
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