September 11, 2018 Hot Topics in Ohio Special Education Law Jessica L. Dawso Scott Scriven LLP
Agenda New ODE Forms Prior Written Notices IDEA General Best Practices Screening vs. Evaluation You Be the Judge! Recent Cases & Due Process Complaints
New ODE Forms
New Special Education Forms • Required for use in 2018-2019 school year. • Modules available on ODE website that walk through the changes to the forms. • IEP will hide boxes that are not applicable based on the child’s age. • Some re-ordering of the sections of the IEP. • References to the Ohio Operating Standards embedded in forms.
Sch chool A Age Evaluation Pl Planning F Form Planning form now acknowledges more than one disability may be suspected. Boxes are clarified—three options for data. Person responsible for assessment and report identified.
Presch chool Pl Planning Fo Form Chart is easier to read without the boxes and dots from prior version. Added hyper-links to the administrative code for various pieces.
ETR Team Summary Summary of Observations Per ODE: • Summaries from teachers and related service providers are required for all initial evaluations and reevaluations. • Observation data should quantify the student’s performance in terms of: • Frequency; • Duration; • Intensity; and • Quality.
ETR Team Summary Description of Educational Needs per ODE: • Should be specific enough to allow accurate supports and services to be identified. • Ties directly to the implications for instruction. • Be careful not to predetermine services.
ETR Team Summary Implications for Instruction and Progress Monitoring per ODE: • Summary of the proposed supports, services and specially designed instruction. • Summary must describe how the team will progress monitor in relation to the student’s goals and objectives. • Should NOT be a list of accommodations and modifications.
IEP Updated Sections • Amendments: See box at the bottom of Page 1 • Profile: Inclusion of RIMP data • ESY: Now section 4 • Post Secondary Transition • Measurable Annual Goals • Specially Designed Instruction • LRE • Transportation & Testing
IEP F EP Form New section for participants to initial IEP amendments.
IEP F EP Form Profile requires “data collected through a RIMP, if applicable”.
IEP F EP Form ESY is now Section 4. Team may need to skip this step and consider goals, objectives, and specially designed instruction, then come back to this.
Postsecondary Transition • Section 5 of the IEP: • Reorganized significantly. • Must include evidence that each goal is based on age appropriate transition assessments. • Must have at least one transition service for each postsecondary goal. • Must indicate the type of evidence that will be used to illustrate that the transition service has been completed.
Postsecondary Transition Progress Report • New optional form. • ODE: Transition progress (this form or another) must be completed and shared with parent as frequently as the IEP Progress Report. • Details the transition services and activities found in Section 5 of the IEP. • Summarize the outcome of the transition service/activity. • Indicate the progress toward the completion of the transition services and activities. • Secondary Transition Modules- available in LMS!
OLD FORM – METHOD(S) IEP F For orm ODE: If the box is checked, there should be a written record to support this data collection. NEW FORM – METHOD(S) Method should align to data source in progress report.
IEP F EP Form New section on preschool LRE. Terms not defined in rule yet.
Testing: A Alte ternate te Asse Assessment Is the child participating in the Alternate Assessment for Students with Significant Cognitive Disabilities (AASCD)? If yes, complete Ohio AASCD Participation Criteria. Parent, district representative, intervention specialist and general education teacher must sign off on the review of AASCD criteria.
Testing: Exemptions New Section 13 regarding testing exemptions. One section on Third Grade Reading Guarantee. Another section on Graduation Tests.
New Op w Optional al Progress Report rt F Form orm
Agenda New ODE Forms Prior Written Notices IDEA General Best Practices Screening vs. Evaluation You Be the Judge! Recent Cases and Due Process Decisions
Prior Written Notices
Prior Written Notice - Law • Districts generally required to provide parents with notice when a district proposes or refuses to “initiate or change the identification, evaluation or educational placement of the child or the provision of FAPE to the child.”
Prior Written Notice - Basics • Mandatory Form PR-01. • No statutory requirement regarding the period of time in which PWN must be provided. • Must be enough time to allow for parent input and participation and to challenge the decision.
What does “prior” in Prior Written Notice mean? • The “prior” in Prior Written Notice is referring to the outcome of the meeting which will result in the implementation of the IEP. • The PR-01 must be provided after the IEP meeting has concluded, but before the implementation of the new IEP. • Must give a copy of the IEP to parents before effective date. • Cleaned up or sloppy copy?
Prior Written Notice - Content • Description of the action proposed • A statement that the parents have or refused by the district; protection under the procedural safeguards and where to get a • Explanation of why the district copy; proposes or refuses to take the action; • Sources for parents to contact to obtain assistance in • A description of each evaluation understanding IDEA; procedure, assessment, record, or report the agency used as a basis • A description of other options the for the proposed or refused action; IEP Team considered the reasons why those options were rejected. • A description of other relevant factors.
PR PR-01 P 1 Purpo pose • Opportunity to thoughtfully communicate a decision to the parent and perhaps, persuade them regarding your position. • Opportunity to create a record of what occurred before, during or after a meeting. • Evidence used in response to a complaint or in a due process proceeding explaining what the team/district decided, when and why. • Opportunity to demonstrate to a lawyer/advocate that the IEP team made an informed, data-based decision after fully considering the parent’s input.
Amending a PWN • Parents have the right to request to amend education records that are inaccurate, misleading, or invade the student’s privacy rights. • Usual response: Print out email, letter and include in student’s special education file.
PR PR-01 01 T Tips • Tell the story. • Who was there? • What was decided? • Why? • What data was considered? • Was Parent Notice Given? (Include a reference in Box 6). • Document parent input and agreement. • A parent of a child with a disability may elect to receive required prior written notices via electronic communication. • District should document such a request by a parent.
PR-01 – When to Provide (From ODE) • Initial referral for suspected • Parent files due process disability complaint and district has not provided parent PWN on • Initial evaluation topic of complaint • Eligibility determination • Disciplinary change in • IEP meeting (before placement implementation of any new • Revocation of consent or amended IEP) • Reevaluation (before and after if change in category) • Graduation/exit from special education
Additional PWN Opportunities • When parent requests IEE and district agrees to fund or provide exception to criteria. • When parent sends voluminous correspondence or requests a meeting regarding issues that have already been addressed. • When it becomes obvious communication needs to be formal and official.
Change in Placement • Triggers the prior written notice requirement. • Even if parents and team agree, need PWN. • If district proposes, but parent has not consented (cannot change without consent). • If parent requests a change and district refuses (or does nothing in response to request).
Prior Written Notice Helpful Hints • Don’t put “because it is required for triennial review” in a PWN proposing an evaluation. • Instead: “An evaluation is necessary to determine the child’s continued eligibility as a child with a disability and/or the district has determined that the educational or related services needs of the child warrant a reevaluation.”
Prior Written Notice Helpful Hints • Don’t indicate the IEP team made a decision it did not make. (State that the District proposes/refuses; indicate that the team did not consider other options because it is not a team decision). • Don’t try to write a complicated PR-01 during a meeting and hand it to the parents as the meeting concludes. • Remember to consult with colleagues regarding the necessity or the content of a PR-01 in difficult situations.
Prior Written Notice Helpful Hints • Don’t use a template and not customize it to the situation. • Sample PWN – Annual Review • Sample PWN – Initial IEP
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