HOW THE IDEA APPLIES TO PROVIDING SERVICES TO STUDENTS WITH DISABILITIES IN ADULT EDUCATION PROGRAMS South Carolina Department of Education Barbara A. Drayton, Esquire, Deputy General Counsel Ann C. Moore, Office of Special Education Services Mary Etta Taylor, Office of Special Education Services
Four Goals for Meeting the Needs of Students with Disabilities Provide access to the general education curriculum Provide involvement and participation in the general education environment Implement individualized interventions Show progress in the educational standards of the general education curriculum to the greatest extent possible
Collaboration between General Education and Special Education Collaboration improves ALL students’ achievement levels Social skills Job retention Diversity and acceptance Behavior Collaboration ensures All students are learning and progressing Raises expectations
Roles of Educators Special: • Regular: • – Teaching – Teaching – Lesson planning – Lesson planning • IEP goals/skills • State standards identified as needs – Behavior management – Behavior management – Content knowledge – Specialized – Assessments and instruction/strategies grades – Assessments
Collaboration: Student Advantages • More time spent working cooperatively and learning content. • Unique learning needs met to the greatest extent possible. • Improved self-esteem. • Less fear of failure due to successful experiences. • Enhanced sense of responsibility.
Collaboration Tips for SWD Transitioning into Adult Education Collaborate with prior service providers • Invite and arrange for person(s)from the SWD’s last school • of record to attend the IEP Meeting Avoid dismissing or decreasing services prior to the student • starting at Adult Ed Examples: • Mental Health Counseling Services • BIPs • Invite a Transition Specialist and/or appropriate outside • agency to the IEP meeting
Communicative and Instructional Practices for all Students 1. Identify the importance of using instructional and assessment technology. 2. Provide access to communication within content- based instruction for every student. 3. Provide multiple means of research-based presentation, representation and action, and expression (UDL). 4. Provide daily, appropriate, and individualized accommodations. ncscpartners.or g
State Resources State Department of Education Office of Special Education Services (OSES) Assistive Technology Madelina Tudora mtudora@ed.sc.gov SC Assistive Technology Program (SCATP) http://www.sc.edu/scatp/ Deaf-Blind Project http://www.scsdb.org/domain/62
Professional Development Opportunities New Directors’ Leadership Academy (NDLA) Research to Practice Fall Administrators' Conference
Additional Professional Development SC CEC (South Carolina Council for Exceptional Children) Mission: Collaborative community of professionals who are the voice and vision of special education
Participation in Adult Education Programs Students with disabilities: may elect to go to adult education programs on their own may be placed by individualized education program (IEP) teams in adult education programs
Free Appropriate Public Education (FAPE) Free - at no cost to students and parents Appropriate - suited to meet the individual needs of the student Public - provided by, or paid for by, the public school system Education (including non-academic and extracurricular activities)
Participation Students with disabilities: cannot be compelled to enroll in an adult education program to receive services cannot be kicked out of or excluded from adult education programs on the basis of a disability cannot maintain enrollment in a regular school setting and enroll in an adult education program at the same time.
Once a student is enrolled in an adult education program, the student may receive services in whatever location is determined by the IEP team to be appropriate.
– Students may receive instruction and support from the special education program at the high school or another school within the school district or the school district may send personnel and resources over to the adult education program. – The adult education program may hire its own special education teachers. – Students in adult education diploma programs may also attend classes on the high school campus or through the CATE program.
ADULT STUDENTS WITH DISABILITIES EDUCATIONAL RIGHTS CONSENT ACT S.C. Code §§ 59-33-310 to 59-33-370 In June of 2016, South Carolina enacted the Adult Students with Disabilities Educational Rights Consent Act (Consent Act). This new law provides procedures for complying with the special rule.
CONSENT ACT OPTIONS Option 1 = All Rights Transfer to the Student Option 2 = Student Makes Decisions with Support and Assistance An Adult Of His Or Her choice (Supported Decision Making) Option 3 = Delegation of Rights By A Student With The Capacity To Do By Signing A Power Of Attorney To Delegate His Or Her Rights To An Agent (Such As A Parent).
CONSENT ACT OPTIONS Option 4 = A Student Who Is Unable To Communicate Wishes, Interests, Or Preferences In Respect To An Educational Program May Have An Educational Representative Certified To Act On His Or Her Behalf. Option 5 = If A Student Is Incapacitated, The Parents Or Other Appropriate Person May Seek Guardianship Of The Adult Child Through The Probate Court Process.
SPECIAL EDUCATION 34 C.F.R. § 300.39 IS A SERVICE, NOT A PLACE!
Services in Adult Education Programs • The student must receive special education services on the same basis as any student with a disability who is regularly enrolled in a school district. • This applies to those previously identified and those identified after entering adult education programs.
SPECIAL EDUCATION 34 C.F.R. § 300.39 Services may be provided through a variety of service-delivery models. Districts must provide a continuum of services.
Related Services: Students in the adult education program… • must have access to related services, such as speech-language, physical therapy, or occupational therapy services should these be determined necessary by the IEP team based on assessment data. • can be provided on a high school campus or at the adult education program.
NO EXCUSE Lack of Funds Shortage of Personnel Administrative Convenience
Collaboration Both special education services and adult education are parts of the school district, and the school district is responsible for ensuring that all students with disabilities receive a FAPE, regardless of where the student attends school within the school district.
Funding Because adult education programs are considered a part of the school district under the reporting guidelines for special education funding, the school district can continue to count the student for funding under the IDEA.
Funding The student may also be counted for funding purposes under the adult education program. The student may not, however, be counted for funding purposes under the Education Finance Act.
Collaboration Adult education programs and special education programs should develop a process for collaboration.
Policies and Procedures The same statutes, regulations, policies and procedures that govern services in a K-12 setting also apply to the adult education setting.
Policies and Procedures This applies to policies regarding child find, least restrictive environment (LRE), continuum of services, placement decisions, IEP components, related services provision, discipline, transportation, procedural safeguards, and all other due process requirements.
Child Find All students ages 3 to 21 who are suspected of needing special education and related services must be located, identified, and evaluated at no cost to the parent or student.
How Old is Too Old? If a student turns age 21 on or prior to September 1, the LEA is not required to permit the student to enroll under IDEA. Exceptions: - Denial of a FAPE - Failure to provide appropriate transition services
Evaluations If a student who was not previously identified as a student with a disability is suspected of having a disability and needing special education and related services enrolls in the adult education program, the student must receive a complete and comprehensive evaluation by the school district.
Evaluations The evaluation must be used to assist in determining if the student has a disability in one of the applicable categories under the IDEA and to determine if the student needs special education and related services to receive a FAPE.
Contact the program for students with disabilities if a student previously identified as having a disability enrolls in the adult education program, as well as when a student who was not previously identified enrolls in the adult education program and the student is now suspected of having a disability and needing special education services.
Recommend
More recommend
