DJJ Special Education and IEPs Sylvia Starkey Director Division of IDEA Monitoring and Results sylvia.starkey@education.ky.gov
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What is Special Education? Special education means specially designed instruction (SDI), at no cost to the parents, to meet the unique needs of the child with a disability including instruction in the classroom, in the home, in hospitals and institutions, and in other settings. Special education means speech language pathology services, travel training, and vocational education. 707 KAR 1:002, Section 1 (56) 5
Why is Special Education Important? The Individuals with Disabilities Education Act (IDEA) says it’s more than important. It is the student’s right to receive these services. 6
What is FAPE? An LEA shall make a free appropriate public education (FAPE) available to all children with disabilities aged three (3) to twenty-one (21) residing within its district’s boundaries who have not received a high school diploma, including children with disabilities who have been suspended or expelled for more than ten (10) school days in a school year. FAPE shall be provided to each child with a disability even though the child has not failed or been retained in a course and is advancing from grade to grade based on the child’s unique needs and not on the child’s disability. 7
What is FAPE? (Cont.) An LEA shall not be required to provide FAPE to a student eighteen (18) years old or older, who is placed in an adult correctional facility if, in the educational placement prior to placement in the correctional facility, the student was not identified as a child with a disability and did not have an IEP. 707 KAR 1:290, Section 1 (1) 8
IDEA: Dear Colleague Letter IDEA protections apply to students with disabilities in correctional facilities and their parents. U.S. Department of Education December 5, 2014 9
IDEA: Dear Colleague Letter National reports document that approximately one third of students in juvenile correctional facilities were receiving special education services, ranging from 9% to 78% across jurisdictions.
Challenges Overcrowding Frequent transfers Qualified staff Lack of collaboration with LEA
Shared Responsibility Every agency that is involved in the provision of special education and related services to students in correctional facilities must ensure FAPE, even if other agencies share that responsibility.
Discipline A student with a disability in a correctional facility who violates a code of student conduct is entitled to all the protections in the IDEA. These protections apply regardless of whether the student is subject to discipline in the facility or removed to restricted settings, such as confinement to the student’s cell or “lockdown” units. 13
Surrogate Parents Correctional facilities may not assume the role of a parent under the IDEA. Does not assume all students with disabilities in correctional facilities need a surrogate parent. Surrogate parents are only appointed when: The parent cannot be identified The parent cannot be located after reasonable efforts The student is a ward of the state under the laws of that state The student is an unaccompanied or homeless youth, as defined in the McKinney-Vento Homeless Assistance Act 14
Surrogate Parents (Cont.) The surrogate parent may represent the student in all matters relating to: Identification, Evaluation, Placement of the student, and The provision of FAPE. Surrogate parents must meet requirements for knowledge, skills, impartiality, etc. 15
Who is Entitled to Special Education? Section 1. Child Find Requirements. An LEA shall have in effect policies and procedures that plan and implement a child find system to locate, identify, and evaluate each child: (a) Whose age is three (3) to twenty-one (21); (b) Who resides in a home, facility, or residence within the LEA’s geographical boundaries, including children with disabilities who attend private schools located within the LEA boundaries, children who are highly mobile such as migrant children, homeless children as described in 704 KAR 7:090, children who are wards of the state or are in state custody, and students who are advancing grade to grade resulting from passing a grade but who still may have a disability; (c) Who is either in or out of school; and (d) Who may need special education and related services 16
Individualized Education Program (IEP) An LEA shall ensure an IEP is developed and implemented for each child with a disability served by that LEA, and for each child with a disability placed in or referred to a private school or facility by the LEA. At the beginning of the school year, an LEA shall have an IEP in effect for each child with a disability within its jurisdiction. An LEA shall ensure the IEP: Is in effect before specially designed instruction and related services are provided to a child with a disability; and Is implemented as soon as possible following an ARC meeting. 17
IEP Requirements Present Levels Consideration of Special Factors Measurable Annual Goals Specially Designed Instruction (SDI) Supplementary Aids and Services (SAS) 18
Present Levels of Academic and Functional Performance A summary of information and data documenting what the student currently knows and can do Provide the Admissions and Release Committee with a baseline of the student’s strengths and needs Provide the foundation on which the IEP is built Provide the basis for generating measurable annual goals, specially designed instruction, supports and services to meet individual student needs 19
Present Levels (Cont.) There should be a direct relationship between the information in this section and the measurable annual goals, any short-term objectives or benchmarks and the accommodations in the rest of the IEP. 20
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Consideration of Special Factors Not just a check box Should align with present levels Non-example: ● If the present level has clearly stated an adverse effect in the area of social-emotional and the considerations do no identify behavior as affecting the education of self or others. You would expect those two to align. 22
Measureable Annual Goals Audience Behavior Circumstance Degree/Criterion Evaluation/Method of Measurement Frequency of Data Collection 23
Which Goal is Measurable? Mike will increase his time on task. When presented with a non-preferred activity and three verbal prompts, Mike will begin working on the activity within five minutes on four consecutive occasions, as measured by weekly latency recording. 24
What is Specially Designed Instruction? Specially-designed instruction means adapting as appropriate the content, methodology, or delivery of instruction to address the unique needs of the child with a disability and to ensure access of the child to the general curriculum included in the Program of Studies. 707 KAR 1:002, Section 1 (58) 25
SDI Questions Is your instruction equipped to address academic and functional deficits? Is your instruction intended to close the academic gap between a student with a disability and peers? SDI is a responsibility shared by Special Education and General Education staff: SDI is the vehicle to ensure students with disabilities receive high-quality instruction and services that will result in progress toward academic and functional standards, graduation and meaningful postsecondary outcomes. 26
Specially Designed Instruction Simply put, it’s: What the teacher does to: Instruct, Assess, and Reteach the student. 27
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What are Supplementary Aids and Services? Aids, services and other supports that are provided in regular education classes or other education-related settings to enable a child with disabilities to be educated with nondisabled children to the maximum extent appropriate. 29
What are Supplementary Aids and Services? (Cont.) Simply put, they’re: What the student needs to: Advance towards IEP goals Make progress in the general curriculum 30
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What are Related Services? “Related services” means transportation and such developmental, corrective or supportive services as are required to assist a child with a disability to benefit from special education. It includes speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation including therapeutic recreation, early identification and assessment of disabilities in children, counseling services including rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes. 32
What are Related Services? (Cont.) “Related services” also means school health services and school nurse services, social work services in school, and parent counseling and training. “Related services” do not include a medical device that is surgically implanted, the optimization of that device’s functioning (such as mapping), maintenance of that device or the replacement of that device. 33
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