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IDEA 2004 The Special Education Process

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Title: IDEA 2004 The Special Education Process


1
IDEA 2004 The Special Education Process
  • Purpose
  • Introduction

2
Purpose
  • To review the entire special education process
    from child find to implementation of special
    education highlighting changes to IDEA 2004
  • To introduce new forms and formats for compliance
    with IDEA 2004

3
Understanding This Presentation
NEW
  • New content
  • BOLD New language

4
Introduction
  • IDEA 2004 PL 108-446
  • Signed by President Bush on December 3, 2004
  • Goes into effect on July 1, 2005
  • Provisions regarding highly qualified personnel
    went into effect upon signing of the law
  • Provides federal funding for provision of a free
    appropriate public education (FAPE)
  • Outlines due process provisions to ensure FAPE

5
Introduction
  • FAPE in the LRE
  • Free Appropriate Public Education (FAPE)
  • Special education and related services
  • Provided at public expense
  • To eligible students
  • In conformity with an Individualized Education
    Program (IEP)
  • Least restrictive environment (LRE)
  • Students eligible for special education will be
    educated to the maximum extent appropriate with
    students who are not disabled

6
Child Find
  • Annual Notice
  • Child Find Activities
  • Equitable Participation

7
Annual Notice
  • School districts and charter schools must provide
    annual notice to the public that includes
  • A description of special education services and
    programs available
  • The purpose, time and location of screening
    activities provided
  • How to request a screening or evaluation
  • The procedural safeguards and confidentiality
    rights of parents

8
Child Find
  • School District/Charter School Responsibilities
  • All students eligible for special education who
    need special education and related services must
    be
  • Identified
  • Located
  • Evaluated
  • This includes
  • Homeless children
  • Wards of the state
  • Private school students
  • A practical method to determine which children
    eligible for special education are receiving
    services must be developed and implemented

9
Equitable Participation
NEW
  • Consultation
  • Intermediate Units (IUs) shall consult with
    private school representatives and
    representatives of parents of such children
    during the design and development of special
    education and related services for
  • Child find process
  • Determination of proportionate amount of federal
    funds
  • How the consultation process will operate
    throughout the year
  • How, where, and by whom services will be provided
  • If the IU disagrees, the IU shall provide a
    written explanation of reasons to the private
    school

10
Prereferral
  • Screening
  • Early Intervening Services

11
Screening School Districts
  • Each SD must establish and implement a
    comprehensive system of screening to accomplish
    the following
  • Identify and provide initial screening prior to
    referral
  • Provide peer support for teachers and other
    school personnel to assist in working with
    students in the general education curriculum
  • Conduct hearing and vision screening
  • Identify students who may need to be referred for
    MDE
  • Process shall include
  • Curriculum-based or performance based assessments
  • Observation
  • Intervention
  • Student response to intervention
  • Determination whether difficulties are due to
    lack of instruction or Limited English
    Proficiency
  • Determination whether students needs exceed
    functional ability of regular education program
  • Activities to gain parent involvement

12
Screening Charter Schools
  • Charter Schools must have systematic screening
    activities that lead to
  • Identification
  • Location
  • Evaluation
  • These activities apply to children eligible for
    special education enrolled in the charter school

13
Early Intervening Services
NEW
  • Permits school districts to use up to 15 of the
    Part B grant for early intervening as follows
  • To develop and implement coordinated early
    intervening services for students K through 12
    who are not identified as disabled but need
    additional academic and behavioral support to
    succeed in a general education environment
  • Emphasis is on K through 3

14
Early Intervening Activities
NEW
  • Local Education Agencies (LEAs) may carry out
    activities that include
  • Professional development for teachers and other
    school staff to enable them to deliver
    scientifically based academic instruction and
    behavioral interventions, including
    scientifically based literacy instruction and,
    where appropriate, instruction in the use of
    adaptive and instructional software
  • Providing educational and behavioral evaluations,
    services and supports, including scientifically
    based literacy instruction
  • Early intervening services can not be used to
    delay the referral process for evaluation for
    special education

15
Early Intervening Reporting
NEW
  • LEAs that develop and maintain coordinated early
    intervening services shall annually report to the
    SEA
  • Number of students served
  • Number of students served who were later
    determined to be eligible for special education
    and related services

16
Early Intervening Disproportionality
NEW
  • When there is significant disproportionality of
    children eligible for special education or placed
    in particular educational settings, LEA is
    required to
  • Reserve the maximum amount of funds to provide
    comprehensive coordinated services to serve
    children in the LEA, particularly those children
    in the overidentified groups
  • Publicly report on the revision of policies,
    practices and procedures to identify children
    eligible for special education

17
Referral
  • Referral Process
  • Permission to Evaluate

18
Referral
  • A request for an evaluation for referral to
    special education may be made by
  • Parent(s) of a child
  • LEA
  • SEA
  • Other state agency

19
Referral
  • Parents have the right to
  • Review screening records
  • Meet with school personnel to
    discuss the referral
  • Disagree with the referral
  • LEA gathers information to use on the Permission
    to Evaluate

20
Permission to Evaluate
  • Initial Evaluation--Consent
  • Consent for the initial evaluation must be
    obtained from the parent
  • Parental consent for the evaluation is not to be
    construed as consent for services
  • Initial Evaluation-- Absence of Consent
  • If the parent does not give consent for the
    evaluation or does not respond to a request for
    an initial evaluation, the LEA may pursue
    permission through due process procedures

21
Permission to Evaluate
NEW
  • Consent for Wards of the State
  • Make reasonable efforts to obtain the informed
    consent from the parent of the child for an
    initial evaluation
  • Definition
  • Ward of the state (as defined by state law)
  • Foster child
  • Ward of the State
  • Child in the custody of a public child welfare
    agency
  • Does not include a foster child whose foster
    parent meets the definition of parent.

22
Permission to Evaluate
NEW
  • Timeline to complete evaluation
  • School Districts Within 60 school days from
    receiving permission
  • Charter Schools Within 60 calendar days from
    receiving permission
  • Exceptions to timeline
  • Child moves to new LEA after initiation of
    evaluation
  • Must make sufficient progress toward prompt
    completion
  • Parent and new LEA agree to a specific time for
    completion
  • Parent repeatedly fails or refuses to produce
    child for evaluation

23
Permission to Evaluate
NEW
  • Clarification Screening versus Evaluation
  • Screenings by teacher or specialist to determine
    appropriate instructional strategies for
    curriculum implementation shall not be considered
    to be an evaluation for eligibility for special
    education and related services.
  • Parental permission not required for screenings

24
Permission to Evaluate
NEW
  • Clarification - Medication
  • SEA and LEA personnel are prohibited from
    requiring a child to obtain a prescription as a
    condition for attending school, receiving an
    evaluation or receiving services

25
Permission to Evaluate Form
NEW
  • Lets take a look at the new Permission to
    Evaluate form

26
Evaluation
  • Evaluation Team
  • Evaluation Process
  • Evaluation Report

27
Evaluation
  • Upon completion of the assessments
  • A team of qualified professionals and parent(s)
    determines eligibility
  • Is child identified as a child with a disability?
  • Meets criteria of one of the disability
    categories
  • Needs specially designed instruction
  • What are the childs educational needs
  • Evaluation report with determination of
    eligibility is given to parent(s)

28
Evaluation
  • In conducting the evaluation, the LEA shall
  • Use a variety of assessment tools, including
    information from the parent
  • Not use a single measure as the sole criterion
    for determining eligibility
  • Use technically sound instruments

29
Evaluation
  • Assessments used are
  • Not discriminatory or racially biased
  • Administered in the language and form most
    likely to yield accurate academic, developmental
    and functional information unless it is not
    feasible to provide or administer
  • Valid, reliable, given by trained personnel
  • Able to assess child in all areas of suspected
    disability and to provide relevant information
  • If a child transfers during the academic year,
    schools coordinate to ensure prompt completion of
    full evaluation

30
Evaluation
  • A child is not a child with a disability if the
    presenting problem is caused by
  • Lack of instruction in reading including in the
    essential components of reading instruction
  • Lack of instruction in math
  • Limited English proficiency

31
Evaluation
  • New Criteria for Specific Learning Disabilities
  • The team is not required to take into
    consideration severe discrepancy between
    achievement and intellectual ability in oral
    expression, listening comprehension, written
    expression, basic reading skill, reading
    comprehension, mathematical calculation, or
    mathematical reasoning
  • The team may use a process that determines if the
    child responds to scientific, research-based
    interventions as part of the evaluation

32
Evaluation
  • Additional Requirements for Evaluations and
    Reevaluations
  • The IEP team must
  • Review existing data including local or state
    assessments and classroom-based observations for
    all students
  • Identify if additional data is needed to
    determine educational needs of child determine
    present academic achievement, and related
    developmental needs. The team collects data to
    complete the evaluation.

33
Reevaluation
  • Timelines
  • Reevaluation will not occur more than once a
    year, unless parent and LEA agree otherwise
  • Reevaluation will occur at least every three
    years, unless the parent and the LEA agree that a
    reevaluation is unnecessary
  • Requirements of PARC Consent Decree still apply
    students with mental retardation are to be
    reevaluated at least every two years
  • Reevaluation begins with a review of existing
    evaluation data by the IEP team
  • Evaluations and information from parents
  • Local, state assessments, classroom based
    observations
  • Observations by teachers and related service
    providers

34
Reevaluation
  • Based on review of data, there are two possible
    outcomes
  • 1. IEP team will identify that additional data
    are needed to determine
  • If the child is a child with a disability
  • Educational needs of child
  • Present levels of academic achievement and
    related developmental needs
  • Whether child needs special education and related
    services
  • Whether any additions or modifications are needed
  • At this point, issue a Permission to Reevaluate
    form and start the necessary assessments

35
Reevaluation
  • Based on review of data, two possible outcomes
    (cont.)
  • IEP team determines that additional data are not
    needed, which means the LEA
  • Shall notify the childs parents
  • Reason for that determination
  • Parents right to request assessment
  • Shall not be required to conduct an assessment
    unless requested by parents

36
Permission to Reevaluate form
  • Lets look at the new Permission to Reevaluate
    form

NEW
37
Evaluation
  • Reevaluation Before Change in Eligibility
  • In general, the LEA shall evaluate before
    determining the child is no longer a child with
    a disability
  • Exceptions Evaluation not necessary before
    termination of eligibility due to
  • graduation with a regular secondary diploma
  • exceeding age eligibility for FAPE under state
    law

38
Evaluation
NEW
  • Summary of Performance
  • Students who are no longer eligible due to
    graduation or exceeding age requirements shall be
    provided with
  • A summary of academic achievement and functional
    performance
  • Recommendations to assist child in meeting
    postsecondary goals

39
Summary of Performance
  • Lets look at the new Summary of Performance form

40
Evaluation
NEW
  • Initial Placements
  • In the Absence of Consent For Services LEA
    cannot use due process procedures to place
    students in special education
  • If parent refuses the receipt of special
    education and related services or fails to
    respond
  • - LEA not in violation for not providing FAPE
  • - LEA not required to convene IEP meeting or
    develop IEP

41
Evaluation Report Reevaluation Report
NEW
  • Lets take a look at the new
  • Evaluation Report
  • and
  • Reevaluation Report

42
Individualized Education Program (IEP)
  • Invitation to Participate in the IEP Team Meeting
    or Other Meeting/Parent Options
  • IEP Team
  • IEP Process
  • IEP Format

43
Invitation to Participate in IEP Team
Meeting/Other Meeting
  • Purpose of Meeting
  • Reasonable attempts to get parent participation
    (document attempts)
  • Accommodations offered

44
Invitation to Student
  • Student must be invited to the IEP meeting for
    transition planning
  • Documentation is
  • required

45
Invitation to Initial Preschool IEP Meeting
NEW
  • In the case of a child who was previously served
    under Part C, an invitation to the initial IEP
    meeting shall, at the request of the parent, be
    sent to the Part C service coordinator or other
    representatives of the Part C system to assist
    with the smooth transition of services

46
IEP Team Members
  • Parents
  • One regular education teacher, if child is or may
    be participating in the regular education
    environment
  • One special education teacher
  • LEA representative
  • Someone who can interpret the results (role may
    be filled by another IEP team member)
  • Others (e.g., community agencies)
  • Student, when appropriate

47
IEP Team Attendance
NEW
  • If IEP team members area of expertise is not
    being discussed/modified, the team member need
    not attend if parent and LEA agree in writing
  • If an IEP team member's area of expertise is
    being discussed/modified, IEP team member may be
    excused if parent and LEA agree in writing and if
    members written input submitted to parents prior
    to the meeting

48
  • Lets look at the
  • Invitation

49
IEP Team Meeting
  • IEP Team
  • Reviews Evaluation Report (ER)
  • Develops the IEP, including transition planning
    when appropriate
  • For Reevaluation, IEP Team reviews effectiveness
    of current IEP
  • Progress monitoring necessary to determine
    effectiveness of instruction

50
IEP Development
NEW
  • Parents and LEA may agree not to convene an IEP
    meeting to make changes to IEP after the annual
    meeting
  • Instead may develop a written document to modify
    current IEP
  • Upon request parent receives revised copy of IEP
  • Parents and LEA may agree to use alternative
    means of meeting, such as videoconferences and
    conference calls

51
IEP Transfer Students
NEW
  • Transfer within state
  • LEA must implement current IEP until LEA adopts
    current IEP or develops new IEP (not new in PA)
  • Transfer from outside state
  • LEA must implement comparable services until LEA
    conducts evaluation, if necessary, and develops
    new IEP
  • To facilitate transition, sending and receiving
    schools take reasonable steps to send/obtain
    childs records

52
IEP Format
  • Developed within 30 calendar days after
    Evaluation Report
  • Reviewed annually
  • Implemented as soon as possible or within 10
    school days

53
Timelines Remember these?
  • Completion of evaluation?
  • Within ___ ________days of consent (districts)
  • Within ___ ________days of consent (charter
    schools)
  • From completion of evaluation to IEP meeting?
  • Within 30 _____________ days
  • Evaluation Report issued to parents?
  • At least ___ school days prior to IEP meeting
    (districts)

54
Timelines Remember these?
  • 4. From IEP meeting to implementation?
  • ____ ____ ____ _______________ (charter
    schools)
  • Within ___ ______________ days (districts)
  • IEP reviewed?
  • At least _____________

55
Timelines
  • Completion of evaluation
  • Within 60 school days of consent (districts)
  • Within 60 calendar days of consent (charter
    schools)
  • Evaluation Report issued to parents
  • At least 10 school days prior to IEP meeting
    (districts)
  • From completion of evaluation to IEP meeting
  • Within 30 calendar days
  • From IEP meeting to implementation
  • ASAP (charter schools)
  • Within 10 school days (districts)
  • Review of IEP
  • At least annually

56
IEP Format Short Term Objectives/Benchmarks
NEW
  • Short-term objectives only required for children
    eligible for special education who take alternate
    assessments aligned to alternate standards
  • PDE has developed draft alternate standards that
    are going through public comment period prior to
    being submitted to State Board for approval June
    2005
  • Services provided are based on peer-reviewed
    research to extent practicable

57
IEP Format Postsecondary Transition
  • Transition planning may begin at any age for a
    student eligible for special education
  • Postsecondary transition planning (including
    courses of study) must begin with IEP in effect
    at age 16
  • Courses of study at age 14 no longer required
  • IEP must contain postsecondary goals related to
    training, education, employment and, where
    appropriate, independent living skills

58
Multi-Year IEP Demonstration
NEW
  • Purpose provide opportunity for long-term
    planning
  • Comprehensive, not to exceed 3 years, designed to
    coincide with natural transition points
  • USDE Secretary may approve up to 15 states
    proposals
  • USDE Secretary must submit report in 2 years

59
  • Lets look at the
  • IEP format

60
IEP Format
  • Contents
  • Demographics
  • Revision dates
  • Team signatures
  • Procedural Safeguards Notice documentation

61
IEP Format
  • Special Considerations the IEP Team Must Consider
    Before Developing the IEP
  • Blind, behavior, LEP, communication needs, etc.
  • Present Levels of Academic Achievement and
    Functional Performance
  • Participation in State and Local Assessments

62
IEP Format
  • IV. Students Transition Services
  • Desired Post-School Outcomes
  • Postsecondary goals related to training,
    education, employment and, where appropriate,
    independent living skills
  • To be results-oriented, focused on improving
    academic and functional achievement of child
  • V. Goals and Objectives
  • Report on progress of annual goals
  • Short term objectives required only for those
    students who take the alternate assessment
    aligned to alternate standards

63
IEP Format
  • VI. Special Education / Related services
  • Program modifications and SDI
  • Related services
  • Supports for School Personnel
  • Extended School Year
  • VII. Educational Placement
  • Type of service, type of support

64
IEP Format
  • VIII. Penn Data - Least Restrictive Environment
    (LRE)
  • Number of hours per week child receives special
    education services
  • Percentage of time the student is literally
    outside the regular education classroom for
    special education, including name of school
    building or location where services are provided
  • No correlation to type of service (i.e.,
    itinerant, resource room, part-time, full-time)

65
Notice of Recommended Educational Placement
(NOREP)
  • Purpose
  • When Provided
  • Parent Options

66
NOREP Purpose
  • The NOREP summarizes recommendations or proposed
    changes to the educational program and/or
    assignment.

67
NOREP When Provided
  • The NOREP must be issued to parents when the LEA
    proposes or refuses to initiate a change in the
  • Identification
  • Evaluation
  • Educational placement of the child
  • Provision of FAPE

68
NOREP Change
NEW
Request for a due process hearing triggers a
Resolution Session
  • Convened within 15 days of receiving notice of
    the parents due process complaint
  • Provides an opportunity to resolve the complaint
  • May be waived if both parties agree in writing or
    if they agree to use mediation

69
  • Lets look at the
  • NOREP

70
NOREP Parent Options
  • Parent approves
  • IEP implemented within 10 days
  • Parent does not approve, can request
  • Meeting with school personnel
  • Pre-hearing conference within
  • 10 school days (Not Charter Schools)
  • Mediation
  • Due process hearing
  • Parent or LEA may waive right to pre-hearing
    conference or mediation and go right to hearing

71
NOREP Parent Options
  • Meeting to discuss recommendation
  • Pre-hearing Conference

72
NOREP Parent Options
Mediation services
  • Mediation is available throughout the
    Commonwealth at Commonwealth expense and can
    occur at any time
  • When a due process complaint is resolved through
    mediation, the parties must execute a legally
    binding written agreement describing the
    resolution
  • The agreement also states that all discussions
    are confidential and may not be used as evidence
    in hearing or civil proceeding.

73
NOREP Parent Options Due Process Hearing
  • conducted locally
  • presided over by a hearing officer
  • Held if LEA did not resolve the due process
    complaint in the resolution session to the
    satisfaction of parents within 30 days of the
    receipt of the complaint.

74
NOREP Parent Options Due Process Hearing
Timelines
  • Resolution Session-scheduled within 15 days of
    request for a due process hearing.
  • 30 days to resolve complaint to parents
    satisfaction from the request
  • If complaint is not resolved at any time during
    those 30 days, due process hearing timelines kick
    in
  • Hearing held within 30 days
  • Decision within 45 days

75
NOREP Parent Options Due Process Hearing
(contd)
  • At least 5 business days before the hearing, each
    party must disclose all evaluations and
    recommendations to be used
  • Failure to disclose information may result in
    barring the information

76
NOREP Parent Options Due Process Hearing
Appeal
  • The decision of the hearing officer may be
    appealed in PA to a panel of 3 appellate hearing
    officers
  • The appellate decision must be made within 30
    calendar days after a request for review

77
NOREP
  • Give two specific examples of when you would
    issue a NOREP
  • __________________________________
  • ___________________________________
  • Give one example of when you do NOT need to issue
    a NOREP
  • __________________________________

78
Procedural Safeguards Notice (PSN)
  • Purpose
  • When Provided
  • Changes

79
Procedural Safeguards Notice (PSN) Purpose
  • The Procedural Safeguards Notice outlines rights
    and safeguards to be followed according to state
    and federal regulations in providing a free
    appropriate public education.

80
Procedural Safeguards Notice When Provided
  • LEA is obligated to give copy of procedural
    safeguards 1 time per year, except also given
    upon
  • Notice of disciplinary change of placement
  • Initial referral or parent request for evaluation
  • Parent request
  • First occurrence of filing for a due process
    complaint

81
Procedural Safeguards Notice Changes
  • Thirteen sections
  • Many sections are bulleted rather than in
    paragraph form for easier understanding
  • More user-friendly, certain areas clarified such
    as
  • Childs status during administrative proceedings
  • Rights regarding discipline and suspension
    section (more explanation)
  • Consumer complaint alleging an LEA failure to
    implement a due process decision is resolved by
    BSE, not hearing officer

82
Procedural Safeguards Notice Changes (cont.)
  • All IDEA 04 changes incorporated including
  • PSN only once a year with exceptions
  • Due process hearing request challenge information
  • 2 year statute of limitations on due process
    hearings
  • Resolution Session explained
  • Serious bodily injury defined
  • Interim alternative education setting changed to
    45 school days.
  • Need for surrogate parent for homeless youth
    without a parent or guardian.
  • Dispute Resolution Request Form is the actual
    electronic form that can be mailed or faxed.

83
Implementation
  • Effective Instruction
  • Progress Monitoring

84
Effective Instruction and Progress Monitoring
  • Utilize Principles of Effective Instruction
    including
  • Active engagement
  • Careful scaffolding of instruction
  • Strategic instruction
  • Explicit instruction
  • Teaching sameness within and across subjects
  • Monitor Progress
  • Frequently
  • To adjust instruction or materials when progress
    is not adequate
  • When appropriate, adjust IEP goals

85
Discipline
  • Change of Placement
  • Disciplinary Removals
  • Serious Bodily Injury
  • Manifestation Determination
  • Authority of Hearing Officer

86
Disciplinary Change of Placement
  • Defined as removals of
  • More than 10 school days for violation of a code
    of student conduct
  • Up to 45 school days for offenses involving
    (including students with mental retardation)
  • Weapons
  • Drugs
  • Serious bodily injury
  • PA Change of Placement (under Chapter 14)
  • More than 10 consecutive school days
  • More than 15 cumulative schools days
  • Any removal for a student with MR

87
Additional Authority of School Personnel Serious
Bodily Injury
NEW
  • Unilateral removal to interim alternative
    educational setting
  • for drugs, weapons, serious bodily injury
    violations, whether or not a manifestation of
    childs disability, can be for up to 45 school
    days
  • Serious Bodily Injury involves
  • a substantial risk of death
  • extreme physical pain
  • protracted and obvious disfigurement
  • protracted loss or impairment of the function of
    a bodily member, organ, or mental faculty (18
    U.S.C. 1365(h)(3))

88
Disciplinary Change of Placement Removal
Procedures
  • LEA is required to implement specific procedures
    for removals of
  • More than 10 school days (when behavior is not a
    manifestation of the disability) or
  • Up to 45 school days for drugs/weapons/serious
    bodily injury (whether behavior is or is not a
    manifestation of the disability)
  • Parent notification with PSN
  • On date of decision to take disciplinary action
  • Provision of FAPE
  • Can be in interim alternative educational setting
    (IAES)
  • Functional Behavioral Assessment/Behavior
    Intervention Plan (FBA/BIP)
  • Designed to address the behavior violation so it
    does not recur
  • Manifestation determination

89
Manifestation Determination
  • Conducted by LEA, parent, and relevant members of
    the IEP team as determined by parent and LEA
  • Purpose To determine if conduct was a
    manifestation of child's disability (different
    focus)
  • IDEA 04 situations to consider in determining
    relationship of the conduct to the disability
  • The conduct in question was caused by or had a
    direct and substantial relationship to the
    disability
  • The conduct in question was the direct result of
    the LEAs failure to implement the IEP
  • If either situation above is applicable, conduct
    is determined to be a manifestation of the
    disability

90
Manifestation Determination
  • If conduct is a manifestation of the childs
    disability, the IEP team must
  • Conduct FBA and implement a BIP if no prior FBA
  • Review prior BIP and modify as necessary
  • Return child to previous placement unless
  • Parent and LEA agree to change of placement as
    part of the modification of the BIP
  • Situation involved weapons, drugs, serious bodily
    injury

91
Authority of Hearing Officer
  • Hearing allowed when
  • Parent disagrees with placement decision or
    manifestation determination OR
  • LEA believes substantial likelihood of injury in
    current placement
  • Hearing officer
  • Hears and makes determination on parent or LEA
    appeal
  • May order a change in placement that may include
  • Returning student to previous placement
  • Ordering change to appropriate interim
    alternative educational setting for no more than
    45 school days if determined that maintaining
    current placement likely to result in injury to
    child/others

92
Placement During Appeals for Due Process
NEW
  • Appeals hearing is expedited and must
  • Occur within 20 school days of the date the
    hearing is requested
  • Result in a determination within 10 school days
    after the hearing
  • Placement continues in interim alternative
    educational setting pending hearing officer
    decision or until expiration of time period of
    removal (no more than 45 school days)

93
Not Yet Eligible
  • An LEA is considered to HAVE KNOWLEDGE that a
    child is a child eligible for special education
    if
  • The parent has expressed concern in writing to
    supervisory or administrative personnel that the
    child is in need of special education
  • The parent has requested an evaluation
  • The teacher or other school personnel has
    expressed specific concerns about a pattern of
    behavior to the special education director or
    other supervisory personnel

94
Not Yet Eligible
  • If the LEA has knowledge, the child not yet
    determined to be eligible for special education
    may assert the same protections as an eligible
    student
  • If evaluation is requested, must be expedited
  • If an LEA has NO knowledge that a child is a
    child eligible for special education, an LEA may
    follow the same disciplinary measures as for
    children without disabilities who engage in
    similar behaviors

95
Discipline--Lets Review
  1. The new standard for conducting a manifestation
    determination requires a decision about if the
    conduct was caused by or had a __________ and
    ___________ relationship to the disability OR was
    a direct result of the LEAs ____________ to
    implement the IEP.
  2. An FBA must be conducted when the conduct is
    determined to be a __________ of the childs
    disability.
  3. A student may be placed in an interim alternative
    educational setting for not more than ___
    ____________ days for violations that involve
    drugs, weapons or _________ __________ __________.

96
Additional Changes
Legal Procedures Highly Qualified
Surrogate Parents Funding
Monitoring Priorities State Performance Plans

97
Statute of Limitations for Due Process Complaints
NEW
  • Two years after the date the parent or public
    agency knew or should have known of the alleged
    action
  • Requirement does not apply if
  • LEA misrepresented that problem was resolved
  • LEA withheld information from parent

98
Award of Attorneys Fees
NEW
  • The court may award reasonable attorneys fees
  • Against the attorney of a parent who
  • Files a complaint that is frivolous,
    unreasonable, or without foundation
  • Continued to litigate after the litigation
    clearly became frivolous, unreasonable, or
    without foundation
  • Against the attorney of a parent or against the
    parent if parents complaint was presented to
    harass, cause unnecessary delay, or needlessly
    increase cost of litigation

99
Additional Provisions
NEW
  • Electronic Mail
  • Parent of a child with a disability may elect to
    receive required notices by an electronic mail
    communication, if the LEA makes this option
    available
  • Separate Complaint
  • Nothing stops a parent from filing a separate due
    process complaint on a different issue
  • even if he/she has already filed a complaint.

100
Highly Qualified Personnel
  • The SEA must establish and maintain
    qualifications to ensure that personnel are
    appropriately and adequately prepared and
    trained, including that personnel have the
    content knowledge and skills to serve children
    with disabilities

101
Highly Qualified
NEW
  • The SEA must have qualifications for related
    services personnel and paraprofessionals that
  • Are consistent with state-approved or
    state-recognized certification, licensing,
    registration or other comparable requirements
    that apply to the professional discipline
  • Ensure that such personnel who deliver services
    in their discipline or profession meet the above
    requirements and have not had certification or
    licensure waived

102
Highly Qualified
NEW
  • Each person employed as a special education
    teacher in the state who teaches elementary,
    middle, or secondary school must be highly
    qualified by the deadline established by ESEA
    (June 30, 2006)
  • State shall adopt a policy to take measurable
    steps to recruit, hire, train, and retain highly
    qualified personnel
  • There is no right of action on behalf of an
    individual student for the failure of the SEA or
    LEA staff person to be highly qualified, but a
    complaint can be filed with the SEA (parents
    cannot sue)

103
Surrogate Parents
  • For a child who is a ward of the state, judge
    overseeing childs care may appoint an employee
    of SEA, LEA or other agency not involved in the
    education or care of the child
  • Parent- Expanded definition
  • A natural, adoptive or foster parent (unless
    foster parent prohibited by State as serving as
    parent)
  • Guardian (but not the State if child is a ward of
    the state)
  • An individual acting in the place of a natural or
    adoptive parent with whom the child lives, or an
    individual who is legally responsible for the
    childs welfare (includes grandparent, stepparent
    or other relative)
  • An individual assigned to be a surrogate parent

104
Surrogate Parents
NEW
  • LEA must appoint a surrogate for unaccompanied
    homeless youth
  • Homeless children and youths individuals who
    lack a fixed, regular, and adequate nighttime
    residence
  • LEA must appoint surrogate within 30 days after
    determination of need

105
New Funding Formula
NEW
  • Establishes 6 year path to reach 40 goal,
    however
  • The USDE estimate 2005-06 Federal grant only
    provides a 2-3 increase for PA Local Education
    Agencies (LEAs)
  • States may use up to 10 of state-level
    activities funds to establish risk pools to
    reimburse school districts for high-need
    low-incidence, catastrophic or extraordinary aid
    (PA has a state Contingency Fund)

106
State Performance Plans
NEW
  • Each state shall
  • Have a performance plan for evaluating efforts to
    implement IDEA and how to improve implementation
  • By 12/3/05
  • Reviewed every 6 years
  • Establish measurable and rigorous targets for the
    indicators established under priority areas
  • Collect valid and reliable information as needed
    to report to the USDE Secretary annually on the
    priority areas

107
Monitoring
  • Each state must have quantifiable indicators that
    are used to monitor the priority areas
  • Provision of FAPE
  • Child find, effective monitoring, due process
    resolution sessions, mediation, and a system of
    transition services
  • Disproportionate representation of racial and
    ethnic groups
  • Activities of states need to focus on improving
    educational results and functional outcomes for
    all children with disabilities
  • Federal government monitors states based upon
    state performance plans
  • SEA monitors LEAs based upon the state
    performance plan

108
State Performance Report
NEW
  • The USDE Secretary shall annually review the
    state performance report
  • The USDE Secretary shall determine if the state
  • Meets the requirements and purposes
  • Needs assistance in implementing the requirements
    of this part
  • Needs intervention in implementing the
    requirements
  • Needs substantial intervention in implementing
    the requirements

109
Prohibitions
  • IDEA 2004 prohibits federal mandate, direction,
    or control of
  • Instructional content
  • Academic achievement standards and assessments
  • Curriculum
  • Program of instruction

NEW
110
Model Forms
  • Model forms from Federal government are expected
    by the date of final regulations
  • Model IEP
  • Model IFSP
  • Model procedural safeguards notice
  • Model prior written notice

NEW
111
Implementation - IDEA 2004
  • December 3, 2004 Definition of highly
    qualified teacher for purposes of special
    education becomes effective
  • Spring 2005- Anticipate proposal re PA Bridge
    Certificate
  • June 2005 - Due process updates
  • Review of pre-hearing requirements
  • Review and revise Hearing Officer Handbook
  • Discussions with parents and parent advocacy
    groups
  • July 1, 2005
  • All changes presented are to be implemented
    except for new evaluation timeline allowing 60
    school days (for school districts)
  • Existing obligations under PARC to students with
    mental retardation remain

112
Implementation - IDEA 2004
  • May 2005 Anticipate proposed federal
    regulations
  • July 1, 2005 PDE to have issued new forms and
    formats
  • December 2005 Anticipate final federal
    regulations
  • December 2005 OSEP to have developed model
    forms by adoption of final regulations
  • January 2006 Anticipate RFP for paperwork
    reduction and IEP pilot
  • June 2006 - Chapters 14 and 711 revisions

113
Summary
The Special Education Process
  • Introduction
  • Child Find
  • Prereferral
  • Referral
  • Evaluation/Reevaluation
  • Permission to Evaluate/Reevaluate
  • Evaluation Report
  • Reevaluation Report
  • Summary of Student
  • IEP
  • Invitation
  • IEP Format
  • NOREP/Procedural Safeguards Notice
  • Implementation
  • Discipline
  • Additional Changes
  • Timelines for IDEA 2004 Implementation

114
Resources
  • P.L. 108-446 and One Pagers posted at
    www.pattan.k12.pa.us
  • Go to Regulations and Forms
  • Then to IDEA 2004
  • This presentation and other related materials
    available on PaTTAN website at
  • http//www.pattan.k12.pa.us
  • Congressional Research Service (CRS) Report
    available for a fee at http//www.pennyhill.com
    Order No. RL32716
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