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Title: SPECIAL EDUCATION: What You Need to Know Some of the Basics


1
SPECIAL EDUCATIONWhat You Need to KnowSome of
the Basics
  • The Training Institute on Disability Rights

2
What does Equip for Equality (EFE) Do?
  • Offers People with Disabilities and their
    families
  • Information
  • Support
  • Resources
  • Legal services
  • Trainings

3
Equip for Equalitys Special Project with Cook
County Juvenile Court
  • Provide free legal representation and training to
    children with unmet special education needs
    involved in the Cook County Juvenile Court system
    (this includes children diverted from court)
  • Work with special education students involved in
    court system who are currently not in school and
    need to be enrolled

4
Equip for Equalitys Special Project with Cook
County Juvenile Court
  • Work with students in court system whose schools
    are not implementing their Individualized
    Education Plan (IEP) to get schools to implement
    plan
  • Work with these students to improve IEPs that are
    not appropriate
  • Help students in court system find appropriate
    alternative schools and special ed support there

5
Equip for Equalitys Special Project with Cook
County Juvenile Court
  • Provide legal representation to students at IEP
    meetings, mediations, due process hearings,
    expulsion hearings
  • Provide trainings to public defenders, probation
    officers, other interested parties who come into
    contact with children with disabilities involved
    in court system
  • Fact sheets on special education law

6
What clients can you refer to EFE?
  • Make sure and follow your own internal procedures
    (I.e. referral to Educational Advocacy Unit)
  • Only children involved in the juvenile justice
    system should be directly referred to me
  • You may refer other clients with special
    education issues to EFEs Special Education
    Helpline at (866) KIDS-046
  • Other people with disabilities who need help
    312-341-0022 (or 800-537-2632)
  • IMPORTANT WE CANNOT ACCEPT EVERY CASE

7
What clients can you refer to EFE?
  • If you have a client in court system whom you
    know has a disability and is not receiving
    appropriate special education services
  • If you have a client in court system whom you
    suspect has a disability and needs special
    education
  • If you have a chronically truant client involved
    with court and you suspect the student may not be
    attending because classes are too hard

8
What clients can I refer to EFE (cont)?
  • Examples of clients you may wish to refer
  • Client has been in and out of school and is far
    below grade level in her coursework
  • Client has very few credits and you suspect a
    disability
  • Client who cannot read
  • Clients with social-emotional problems who may
    benefit from counseling at school
  • Often these clients may not be identified as
    having a disability but may have one

9
How do I refer a client to EFE?
  • If in court diversion program or otherwise
    involved in juvenile court
  • Can call (312-895-7308), email (rachel_at_equipforequ
    ality.org) or fax me (312-341-0295) directly
  • Can have parent or student call me
  • If not involved in juvenile court, parent can
    call 1-866-KIDS-046

10
What will I do when you make a referral?
  • Call the client and get necessary information re
    clients disability and school situation
  • Provide referral to client if I cannot accept the
    case
  • In select cases, I will get the clients records
    and work with school district to secure
    appropriate special education services for the
    client
  • In select cases, If client does not want to stay
    at that school, explore alternative schools with
    client.

11
What will I do when you make a referral?
  • Provide parents and student with assistance over
    the phone
  • when appropriate
  • Attend IEP meetings
  • File for due process
  • Attend mediations
  • Work with students to set up appropriate
    transition plans for leaving high school
  • CAVEAT We get a lot of cases and cannot accept
    them all. We provide all interested parents with
    brief assistance over the telephone, at the least.

12
Pro Bono Support
  • Since October 2007, we have been working with
    some pro bono attorneys at large Chicago-area law
    firms
  • Attorneys take our cases and Equip for Equality
    supervises

13
Special Education Laws
  • Individuals with Disabilities Education
    Improvement Act 2004 (IDEA)
  • Section 504
  • No Child Left Behind (NCLB)
  • Family Educational Rights and Privacy Act
    Act(FERPA)
  • State Laws and Regulations

14
Special Education Laws
  • Individuals with Disabilities Education
    Improvement Act 2004 (IDEA) 20 USC 1400
  • 1400 purpose
  • 1401 definitions
  • 1412 child find, LRE,FAPE
  • 1414 evaluations, consent, eligibility, IEP,
    Placement
  • 1415 Procedural Safeguards

15
Special Education Highlights
  • Free Appropriate Public Education
  • Request
  • Consent
  • Case Study Evaluation
  • MDC Multidisciplinary Conference
  • IEP-Individualized Education Program
  • Services FAPE
  • Re-evaluation
  • IEE Independent Educational Evaluation
  • Conflict Resolution Options

16
SPECIAL EDUCATION RULE
  • IF ITS NOT WRITTEN DOWN
  • IT DIDNT OR WONT
  • HAPPEN

17
Purpose of Special Education
  • Purpose
  • To ensure that all children with disabilities
    have available to them a free appropriate public
    education that emphasizes special education and
    related services designed to meet their unique
    needs and prepare them for further education,
    employment, and independent living

18
Special Education Who Needs It?
  • Does a student have difficulty in school?
  • Does a student need tools or services to
    understand materials or teachers in school?
  • Does a student need help to get into the school
    or use school equipment?
  • Does the school staff understand
    students needs?





19
Special Education Services
  • 1. Request
  • Written Request by Parent, State agency, or
    school may initiate request for initial case
    study evaluation
  • Keep a copy with date and time it was delivered
    and to whom it was delivered
  • See handout

20
Special Education Services
  • 2. Consent
  • Parent can include consent in request letter or
  • School must provide parent consent form within 14
    days of request

21
Special Education Services
  • 2. Consent
  • for Case Study Evaluations
  • Parental Consent not referral, starts the Case
    Study Evaluation (CSE), which must be done within
    60 CALENDAR days (IDEA) a different timeline
    may be set by the state. (IL Admin Code 60
    SCHOOL days from Consent)

22
Special Education Services
  • Request
  • Consent
  • Case Study Evaluation (CSE)
  • Eligibility Meeting MDC
  • Individualized Education Program (IEP) meeting

23
Special Education Services
  • 3. Case Study Evaluation
  • Variety of assessment tools must be used
  • Testing must be done in the language and form
    most likely to yield accurate information on what
    the child knows and can do academically,
    developmentally, and functionally.

24
HYPOTHETICAL 2
  • Your client is sixteen years old, has been
    diagnosed with ADHD and has forty misconduct
    referrals from CPS for behaviors ranging from
    physical altercations to verbal threats to
    students and teachers. You believe your client
    may be in need of special education services.
    What do you do? Can CPS choose not to evaluate
    your client?

25
School Based Problem Solving
  • CPS name for Response to Intervention (RTI)
  • SBPS (and RTI) is an intervention process for
    students experiencing academic or behavioral
    problems.
  • SBPS focuses on attempting interventions,
    tracking the results, and making decisions based
    on those results.

26
School Based Problem Solving
  • Law does NOT require schools to conduct SBPS
    before conducing special education evaluation
  • The Illinois State Board of Education Special
    Education Policies and Procedures specifically
    states that School Based Problem Solving
    activities will, under no circumstances . . .
    preclude, or delay, the full and individual
    evaluation of any child referred by a parent,
    unless the district has officially considered
    such request and has determined the request not
    to be in the best interest of the child because
    the child exhibits satisfactory educational
    performance. http//www.isbe.net/spec-ed/pdfs/pol
    icies.pdf (p.27)

27
HYPOTHETICAL 4
  • You believe your client requires special
    education services. CPS tells you that the
    school staff first must try School Based Problem
    Solving. Is this true? How can you convince CPS
    to evaluate your client for special education?

28
Special Education Services
  • Request
  • Consent
  • Case Study Evaluation (CSE)
  • Eligibility Meeting MDC
  • Individualized Education Program (IEP) meeting

29
Special Education Services
  • 4. Eligibility Meeting MDC
  • Team of qualified professionals and parents
    decide
  • Whether child is a child with a disability
    (1401)(3)
  • 1. Disability mental retardation, hearing
    impairment, speech or language impairments,
    visual impairments, serious emotional disturbance
    (emotional disturbance), orthopedic impairments,
    autism, traumatic brain injury, other health
    impairments (OHI), or specific learning
    disabilities (LD or SLD) AND
  • 2. who, by reason thereof, needs special
    education and related services

30
Emotional Disturbance defined
  • Must meet four specific conditions
  • Exhibit one of the five listed symptoms (next
    slide)
  • over a long period of time
  • to a marked degree
  • that the condition adversely affects the
    students educational performance

31
Five Factors listed in ED definition
  1. An inability to learn that cannot be explained by
    intellectual, sensory, or health factors
  2. An inability to build or maintain satisfactorily
    interpersonal relationships with peers and
    teachers
  3. Inappropriate types of behavior or feelings under
    normal circumstances

32
Five factors listed in ED definition
  1. A general pervasive mood of unhappiness or
    depression OR
  2. A tendency to develop physical symptoms or fears
    associated with personal or school problems

33
ED definition cont
  • The term ED includes schizophrenia.
  • The term does not apply to children who are
    socially maladjusted, unless it is determined
    that they have an emotional disturbance

34 CFR 300.8(b)(4)
34
Emotional Disturbance
  • Note A child does not need a medical or
    psychiatric diagnosis to be classified as an
    emotionally disturbed student.

35
Specific Learning Disability
  • The term means a disorder in one or more of the
    basic psychological processes involved in
    understanding or in using language, spoken or
    written, that may manifest itself in an imperfect
    ability to listen, think, speak, read, write,
    spell, or to do mathematical calculations,
    including conditions such as perceptual
    disabilities, brain injury, minimal brain
    dysfunction, dyslexia, and developmental aphasia.

36
LD definition cont
  • The term does not include learning problems that
    are primarily the result of visual, hearing, or
    motor disabilities, of mental retardation, of
    emotional disturbance, or of environmental,
    cultural, or economic disadvantage.

34 CFR 300.8 (b)(10)
37
Mental Retardation
  • Significantly subaverage general intellectual
    functioning, existing concurrently with deficits
    in adaptive behavior and manifested during the
    developmental period, that adversely affects a
    childs educational performance
  • IQ below 70
  • 34 CFR 300.8(b)(6)

38
Other Health Impaired defined
  • Other Health Impaired means having a limited
    strength, vitality or alertness, including a
    heightened alertness to environmental stimuli,
    that results in limited alertness with respect to
    the educational environment, that ---

39
OHI definition cont
  1. Is due to chronic or acute health problems such
    as asthma, attention deficit disorder or
    attention deficit hyperactivity disorder,
    diabetes, epilepsy, a heart condition,
    hemophilia, lead poisoning, leukemia, nephritis,
    rheumatic fever, sickle cell anemia and Tourette
    Syndrome AND

40
OHI definition cont
  1. The chronic or acute health problem(s) adversely
    affects a childs educational performance.

34 CFR 300.7(b) (9)
41
Traumatic Brain Injury
  • Acquired injury to the brain caused by
  • an external physical force,
  • resulting in total or partial functional
    disability
  • or psychosocial impairment, or both,
  • that adversely affects a childs educational
    performance.

42
Traumatic Brain Injury
  • Cause impairments in one or more areas, such as
  • cognition language
  • memory attention
  • reasoning abstract thinking
  • judgment problem-solving
  • sensory, perceptual and motor abilities
  • psycho-social behavior
  • physical functions
  • information processing
  • and speech.

43
Traumatic Brain Injury
  • TBI label does NOT apply to brain injuries that
    are congenital or degenerative, or to brain
    injuries induced by birth trauma

44
Special Education Services
  • 4. Eligibility Meeting MDC
  • Team of qualified professionals and parents
    decide
  • Whether child is a child with a disability
    (1401)(3)
  • Educational needs of the child
  • Parents given
  • Copy of evaluation report
  • Documentation of determination of eligibility

45
Special Education Services
  • Request
  • Consent
  • Case Study Evaluation (CSE)
  • Eligibility Meeting MDC
  • Individual Education Program (IEP) meeting

46
IEP MEETING
  • Procedural Safeguards 1415
  • School gives a copy of procedural safeguards to
    parents
  • At least once per year

47
Special Education Services
  • 5. Individual Education Program (IEP) meeting
    who is part of the IEP team?
  • IEP TEAM
  • Parents
  • Not less than ONE regular ed teacher (if child IS
    or may be participating in regular education)
  • Not less than ONE special ed teacher, or where
    appropriatespecial education provider of such
    child

48
IEP Team Continued
  • Representative of local education agency
  • Qualified to provide or supervise special
    education
  • Knowledgeable about general curriculum
  • Knowledgeable about availability of LEA resources

49
Special Education Services
  • 5. Individual Education Program (IEP) meeting
  • IEP TEAM Continued..
  • An individual who can interpret the instructional
    implication of evaluation results
  • Other individuals who have knowledge or special
    expertise regarding the child, including related
    services personnel as appropriate and
  • whenever appropriate, the child with a disability

50
IEP Team members excused
  • IEP TEAM requires specific Members
  • But they can be excused from attendance if
  • written consent
  • Members area of curriculum or services is not
    being modified or discussed
  • OR
  • Parents and school agree
  • Member provides written IEP input to parents and
    school prior to meeting

51
Whats in an IEP?
  • Present Levels of Performance
  • Goals Objectives/Benchmarks
  • Progress Reports
  • Special Education Services
  • Related Services
  • Supplementary Aids and Services
  • Includes staff training
  • Special factors
  • Transition Services (IL 14 ½ and up) IDEA 16

52
Present Level of Performance
  • A Statement of the childs academic achievement
    and functional performance Present Level of
    Performance PLOP

53
IEP Goals
  • A statement of measurable annual goals including
    academic and functional goals designed to
  • Meet the childs needs that result from the
    childs disability to enable the child to be
    involved in and make progress in the general
    education curriculum and
  • Meet each of the childs other educational needs
    that result from the childs disability
  • SMART goals specific, measurable,
    action-oriented, realistic, and time-sensitive

54
Progress Reports
  • The parents need to know about their childs
    progress
  • The IEP should specify how the parents will be
    notified of their childs progress

55
Special Education and Related Services
  • IEP includes information about types of services
    a student receives
  • Examples of related services
  • OT
  • PT
  • Speech therapy
  • Social work

56
Supplementary Aides and Services
  • This may be some type of accommodation the
    student needs
  • Can include staff training

57
Whats in the rest of the IEP?
  • See sample CPS IEP.

58
HYPOTHETICAL 3
  • You believe that, because your client has
    bipolar disorder, she requires placement in a
    therapeutic day school. What actions do you take
    to get CPS to change your clients placement?

59
Transition Services
  • Age 14.5 start transition services
  • results-oriented process
  • is based on the individual childs needs taking
    into account the childs strengths, preferences,
    and interests and

60
Transition Services
  • Goals are to be updated annually
  • Appropriate measurable postsecondary goals based
    upon age appropriate transition assessments
    related to training, education, employment, and,
    where appropriate, independent living skills
  • The transition services (including courses of
    study) needed to assist the child in reaching
    those goals

61
Amending IEP
  • No meeting required
  • If parents and school agree
  • Amendment in writing
  • Parents entitled to copy of the revised IEP with
    amendments incorporated upon request

62
Requesting an IEP Meeting
  • Parent should do so in writing. You can help
    write the letter.
  • According to 23 Ill. Admin. Code 226.220(b)
  • either a childs educational provider or a
    childs parent may request an IEP meeting at any
    time. Within ten days after receipt of such a
    request, the district shall either agree and
    notify the parent in accordance with 34 CFS
    300.503 or notify the parents in writing of its
    refusal, including an explanation of the reason
    no meeting is necessary to ensure the provision
    of FAPE for the child.

63
Reevaluation - every 3 years
  • Domain conference to discuss what information the
    school already has and what information is still
    needed
  • parent or teacher request evaluation but not more
    than once per year unless school agrees otherwise
  • reevaluation every 3 years UNLESS parent and
    school agree it is unnecessary

64
Evaluation/reevaluation
  • Required prior to removing child from eligibility
  • Exceptions
  • Regular diploma
  • Aging out
  • School must provide a summary to exiting students
  • Academic achievement and functional performance
  • Recommendations on how student can meet post
    secondary goals

65
HYPOTHETICAL 1
  • Your client, who receives special education for a
    learning disability, just spent one month in the
    JTDC, attending Nancy B. Jefferson. The judge
    has released your client and your client needs to
    return to his home school. You go to the school
    with your client and his mother, only to be told
    by the principal that he is not interested in
    having your client back at school. What do you
    do? Does the principal have the power to turn
    your client away? What if they say Nancy B
    Jefferson still has the students records?

66
FREE APPROPRIATE PUBLIC EDUCATION
  • FAPE
  • SPECIAL EDUCATION DEFINED
  • Specially designed instruction, at no cost to
    parents, to meet the unique needs of a child with
    a disability,
  • Important case Bd. of Educ v. Rowley, 458 U.S.
    176 (1982)

67
Free Appropriate Public Education
  • Also includes Related services any non-medical
    service necessary for the child to benefit from
    instruction, including speech, counseling, social
    work, parent training, transportation, physical
    and occupational therapy, mobility and
    orientation training, and any other service
    necessary to benefit from education

68
Basis for Services
  • IEP must include a statement of special
    education, related services and supplementary
    aides and services, based on peer-reviewed
    research to the extent practicable (1414
    (d)(1)(A)(i)(IV))
  • This puts methodology on the agenda for the IEP

69
Least Restrictive Environment (LRE) 20
USC 1412(a)(5)
  • To the MAXIMUM extent appropriate children with
    disabilities are educated with children who are
    not disabled.
  • Removal
  • nature and severity of the disability of a child
    is such that education in regular classes
  • with the use of supplementary aids and services
  • CANNOT be achieved satisfactorily.

70
What If You Dont Agree? CONFLICT RESOLUTION
OPTIONS
  • 1. DOCUMENTATION
  • 2. INDEPENDENT EDUCATIONAL EVALUATION
  • 3. STATE COMPLAINT
  • 4. MEDIATION
  • 5. DUE PROCESS
  • See Wrightslaw Letter to a Stranger

71
DENIAL of a FREE APPROPRIATE PUBLIC EDUCATION
  • Substantive Issues
  • At the time the IEP was written was it reasonably
    calculated to provide meaningful educational
    benefit
  • Procedural Inadequacies limited
  • Impeded right to FAPE
  • significantly impeded parents opportunity to
    participate in the decision-making process
    regarding FAPE
  • caused deprivation of educational benefits

72
What If You Dont Agree with the IEP?
  • IF ITS NOT
  • WRITTEN DOWN
  • IT DIDNT HAPPEN!
  • DOCUMENT EVERYTHING!!!

73
DOCUMENTATION TIPS
  • PARENT REPORT
  • KNOW WHATS NEEDED
  • THANK YOU LETTERS
  • REVERSE LETTERS
  • PROPOSAL/REQUEST SHEET
  • FOLLOW UP LETTERS
  • ORGANIZE DOCUMENTS
  • TAPE RECORDING MEETINGS

74
Independent Educational Evaluation (IEE)
  • At Public (school) or Private (Parent) expense
  • Public expense if
  • Parent disagrees with schools evaluation
  • School must
  • Pay for IEE, OR
  • May file Due Process against the parent within 5
    days to prove that its evaluation was
    appropriate, OR
  • Prove that the Parents evaluation did not meet
    agency criteria
  • Private (Parent) expense parent has a right to
    this at anytime school must consider
    evaluation
  • See handout

75
STATE COMPLAINT
CONFLICT RESOLUTION
1 YEAR STATUTE OF LIMITATIONS FILE COMPLAINT
WITH THE ILLINOIS STATE BOARD OF EDUCATION
WWW.ISBE.NET MUST HAVE PAPER TRAIL TO SHOW
VIOLATION
76
Mediation
  • A meeting between parents and school district
  • Try to resolve problems without a hearing
  • Mediator (impartial person) helps both sides try
    to resolve the problems
  • Voluntary (optional) Confidential
  • LEGALLY BINDING AGREEMENT
  • Enforceable in any State court or district court
  • Due process not required
  • State pays for this including interpreter

77
Due Process Hearing
  • Statute of Limitations
  • 2 YEARS
  • From the date the parent or school knew or
    should have known about the alleged action that
    forms the basis of the complaint
  • OR
  • STATE TIME LINE

78
DUE PROCESS NOTICE 2004
  • HEARING ISSUES LIMITED TO THIS NOTICE !!!!!
  • Specific Requirements for this notice are in
  • the federal and state law

79
Due Process Hearing
  • Administrative Due Process Hearing run as a trial
    with a Hearing Officer usually at school
    administrative offices or neutral site selected
    by parents
  • 5 days to strike hearing officer only one
    strike per side
  • 5 days before hearing ALL documents, witness list
    and documents list due to hearing officer and
    opposing party

80
General Tips
  • Keep all correspondence with the school and try
    to conduct all correspondence IN WRITING
  • Tell parents to keep a log of childs reactions
    and behavior in relation to school if child
    refuses to go to school because afraid, keep a
    log, if child is continually being sent home for
    his/her behavior, keep a log, etc.

81
More General Tips
  • Encourage parents to save all anecdotal
    communications with the school (I.e. keep a
    communication notebook or make copies of all
    letters sent to/from school)
  • Log all observations you or parent make when
    observing at school, and log all observations of
    childs negative behavior at home that is result
    of school issues.

82
What about Discipline?
  • Student with a disability may be removed for no
    more than 10 school days for a disciplinary
    violation (unless exception applies)
  • More than ten days change of placement (see
    following slides for details)
  • Exception can automatically remove a student
    with a disability for 45 school days if 1) a
    weapon 2) Drugs 3) Serious bodily injury

83
45 SCHOOL Day Removal
  • Weapon
  • dangerous weapon 18 U.S.C. 930(g)(2)
  • Drugs
  • Controlled Substance 21 U.S.C. 812(c) 202(c)I,
    II, III, IV, or V
  • Does not include legally possessed or used
    substances
  • Serious Bodily Injury
  • serious bodily injury 18 U.S.C. 1365(h)(3)

84
WEAPONS EXCEPTION
  • (2) The term dangerous weapon means a weapon,
    device, instrument, material, or substance,
    animate or inanimate, that is used for, or is
    readily capable of, causing death or serious
    bodily injury, except that such term does not
    include a pocket knife with a blade of less than
    2 1/2 inches in length.

85
SERIOUS BODILY HARM
  • Serious Bodily Harm is defined as (a) a
    substantial risk of death (b) extreme physical
    pain (c) protracted and obvious disfigurement
    and (d) protracted loss or impairment of the
    function of a bodily member, organ, or mental
    function.

86
What about Discipline?
  • Suspensions/Removal
  • - All students removed are to get services to
    prevent recurrence of behavior resulting in
    removal should be added to IEP
  • Expulsions
  • FAPE services must still be provided so
    student can be able to participate in general
    education curriculum and progress towards
    meeting goals set out in IEP.
  • Before an expulsion can take place, must hold
    Manifestation Determination Review (MDR)

87
MANIFESTATION DETERMINATION REVIEW
  • MDR is a meeting that occurs within ten school
    days of decision to change a students placement
  • Schools actions are change of placement when
    student is suspended for more than ten
    consecutive days or series of days that
    constitute a pattern exceeding 10 days in a
    year.
  • Only Relevant Members of IEP Team attend to
    determine if students behavior is a
    manifestation of his/her disability

88
What does it mean for behavior to be a
manifestation of a disability?
  • Behavior is a manifestation of a disability if
  • caused by the disability or
  • Direct or substantial relationship to the
    disability or
  • direct result of the schools failure to
    implement the students IEP
  • If students behavior is manifestation of
    disability, student cant be expelled without
    parent consent and must be returned to
    pre-removal placement (unless drugs, weapons, or
    serious bodily injury)

89
If behavior is manifestation of disability, what
must the school do?
  • Functional Behavior Assessment (FBA) evaluation
    to show relationship between behavior and what
    happens in students environment
  • Behavior Intervention Plan (positive
    interventions)

90
What if behavior is not a manifestation of a
disability?
  • If behavior is not a manifestation of a
    disability, school can use same discipline
    measures as with other students
  • BUT school must continue providing FAPE

91
If you find out ahead of time, should you attend
MDR?
  • Yes! If you find out about MDR ahead of time, you
    should attend with client.
  • GOAL To show that behavior IS a manifestation of
    students disability

92
How do I know if the FBA and BIP are appropriate?
  • A good BIP concretely defines problem behavior
  • E.g. BIP should not state Dan is aggressive
    often during the school day. It should state
    Dan hits other students during unstructured
    times of the day (passing period, lunch, and
    recess) approximately three times per day.
  • Look at whatever occurred before negative
    behavior began (I.e. triggers)

93
FBA and BIPs continued
  • BIPs should discuss more appropriate replacement
    behaviors
  • I.e. instead of throwing a book when agitated in
    class, encourage the student to ask for a hall
    pass to see the school social worker
  • Change antecedents to behavior
  • I.e. if cursing occurs every time a student with
    a learning disability is assigned challenging
    math homework, consider changing antecedent
    (assignment of challenging math homework) by
    having student complete the work in resource room
    or with peer tutor.

94
Appealing Disciplinary Removal
  • File for due process
  • Hearing - Expedited
  • 20 school days from request
  • 10 days for decision

95
What if school wants to expel a student who has
not yet been found eligible for special ed?
  • Students not yet found eligible for special ed
    may still be protected by IDEA under certain
    circumstances
  • Parent stated in writing to a supervisor,
    administrator or a teacher that child may need
    special ed
  • Parent requested evaluation
  • Teacher/staff expressed specific concerns abut
    childs pattern of behavior directly to director
    of special ed or other supervisory person

96
When are students not yet found eligible for
special ed not protected?
  • Not protected if
  • Child previously evaluated and found ineligible
  • Or parent refused special ed or evaluation in
    past

97
Student Discipline Not Yet Eligible
  • School did not have knowledge
  • Same discipline as non-disabled kids
  • If school did have knowledge, then the student
    is protected by IDEA.

98
HYPOTHETICAL 5
  • Your client, who is diagnosed with a behavioral
    disorder and is receiving special education
    services, recently brought drugs to school. The
    school is holding a MDR. The school finds that
    the students behavior is not a manifestation of
    his disability and informs you that your client
    cannot return to school ever and the school will
    provide the student with no special education
    services. Can the school do this? Why or why
    not?

99
HYPOTHETICAL 6
  • Joe is a 17-year-old student with a diagnosed
    learning disability. Joe has been acting out at
    school for the last two years and is constantly
    being suspended and given detentions. You
    suspect that Joe is acting out because he is
    upset about the fact that he does not understand
    what is going on in his classes, due to his
    learning disability. In support of this theory,
    you point to Joes truancy from English class.
    Joe is reading at a 2nd grade level and his
    reading comprehension is at a 3rd grade level.
    You attend an IEP meeting on behalf of Joe. What
    types of goals would you like to see in the IEP?
    What types of accommodations? Would you like the
    District to conduct any further evaluations of
    Joe? If you disagree with the Districts
    decisions, what would you do?
  •  

100
HYPOTHETICAL 7
  • Jennifer is a fifteen-year-old student with
    bipolar disorder who recently was caught by the
    schools security guard with gang drawings on her
    notebook. The school is about to hold an MDR for
    Jennifer. Should you go to the meeting? What do
    you want to argue at the meeting? If the school
    finds that Jennifers behavior is not a
    manifestation of her disability, can they expel
    her? If they expel her, do they need to provide
    her with any special education services at all?

101
Expulsion Hearings (in general)
  • An expulsion is a removal of a student from
    school for more than 10 days in a row
  • A student may be expelled for a definite period
    of time from 11 days up to 2 years.

102
What happens before the hearing?
  • School must send written notice of the behavior
    for which it believes your child should be
    expelled. The notice must include the reason
    that the school is considering expelling your
    child and the date of the MDR.
  • School must send notice in writing and by
    certified mail inviting student and parent to
    attend expulsion hearing.

103
At the Expulsion Hearing
  • Right to call witnesses
  • Present evidence
  • Cross-examine Districts witnesses
  • Right to tape record

104
Who will be at the expulsion hearing?
  • Student and parent should go.
  • School District may have an attorney.
  • Often people who were involved in or witnessed
    the incident are there.
  • A school administrator may be there.

105
Who decides whether a student will be expelled?
  • Depends on the School District. Sometimes the
    Board of Education of the District makes the
    decision. Other Districts have hearing officers
    who make the decision.

106
Can expulsion hearings be appealed?
  • Yes. If a student is expelled, the student can
    appeal this decision in state court.

107
Expulsions from Chicago Public Schools
  • The Student Code of Conduct (SCC) outlines CPS
    disciplinary policies
  • For a copy, contact the Law Department at (773)
    553-1700.
  • If CPS is going to expel a student, the District
    sends a Notice of Request For Disciplinary
    Hearing letter.
  • Closer to date that hearing will take place, CPS
    then sends a Notice of Disciplinary Hearing.

108
Who is present at CPS expulsions?
  • Hearing Officer appointed by the Board of
    Education
  • CPS Prosecutor
  • Student and Parent
  • Any witnesses
  • Usually a school administrator

109
Should probation officers attend an expulsion
hearing?
  • It depends on the circumstances.
  • If client is compliant with probation, and school
    already knows client is on probation, you could
    help client by attending.

110
Any chance at settling an expulsion hearing?
  • Depending on the offense, CPS and student may
    come to an agreement for student to attend the
    SMART program.

111
HYPOTHETICAL 8
  • Ben and Jerry are both caught by the security
    guard at school with pocketknives. Bens is 2
    long and Jerrys is 2 ½ long. Both boys have
    IEPS for LD and ED and attend a CPS high school.
    What will happen to them? What procedures should
    be followed? Can they be expelled? Will they get
    special education services?

112
Tips on working with juvenile court clients who
have disabilities
  • It is important to find out whether your client
    has a disability immediately upon being assigned
    to the client.
  • Number of different questions you can ask
    including
  • Do you receive special education?
  • Do you get pulled out of class for special
    services at school?
  • Do you go to a special school or the local public
    school?
  • Do you switch classes during the day or stay in
    one room?
  • Do you get suspended from school a lot?
  • Is school really hard for you?
  • Do you have trouble focusing in school?
  • What kinds of grades do you get?

113
More Tips
  • Once you find out whether student has a
    disability, get a copy of the students records
  • Review latest IEP and evaluation and see if you
    think it is appropriate.
  • Is student receiving the services listed in the
    IEP?
  • Does the student require more intensive services?
  • What do the student and parent think about the
    services provided?

114
More Tips
  • If IEP is not appropriate and parent/student wish
    for you to become more involved, you can request
    (in writing) an IEP meeting.
  • Preparation with parent/student before meeting
    find out what (if any) changes they want to IEP.
    Work with the family to determine a list of
    requests/information you wish to discuss with the
    district.

115
More Tips
  • Think about requesting an IEE to determine what
    services the student needs.

116
What about 504?
  • 504 Rehabilitation Act of 1973
  • Separate law
  • Even if a child does not need special education
    assistance, 504 makes sure that a child with a
    disability gets access to an education
  • Makes sure a child has access to a school
    building
  • Buses, ramps, elevators, Braille materials, etc.

117
Resources
  • www.equipforequality.org
  • www.wrightslaw.com
  • www.copaa.org
  • www.idea.gov
  • Joe Tulman manual available at
    http//www.law.udc.edu/programs/juvenile/pdf/speci
    al_ed_manual_complete.pdf

118
Questions????





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