SPECIAL EDUCATION: INDIVIDUALIZED EDUCATION PROGRAMS (IEP S ) & STUDENT DISCIPLINE SAN FRANCISCO EDUCATION LAW CLINIC WORKSHOP NO. 2, DECEMBER 9, 2013 Organized by the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, in partnership with Coleman Advocates for Children & Youth; Mo’ MAGIC, the San Francisco Human Rights Commission, and the San Francisco Public Defender’s Office
WHAT IS THE EDUCATION LAW CLINIC? • PROVIDES SUPPORT TO COMMUNITY ORGANIZATIONS TO ENHANCE THEIR CAPACITY TO IDENTIFY AND ADDRESS EDUCATION-RELATED LEGAL ISSUES • PROVIDES FREE EDUCATION-RELATED LEGAL SERVICES FOR FAMILIES Organized by the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, in partnership with Coleman Advocates for Children & Youth; Mo’ MAGIC, the San Francisco Human Rights Commission, and the San Francisco Public Defender’s Office
WORKSHOP No. 1 [Dec. 2, 2013] REFERRAL AND ASSESSMENT FOR SPECIAL EDUCATION • WORKSHOP No. 2 [Dec. 9, 2013] INDIVIDUALIZED EDUCATION PROGRAMS (IEPs) • SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL • EDUCATION WORKSHOP No. 3 [Dec. 16, 2013] SCHOOL DISCIPLINE • Organized by the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, in partnership with Coleman Advocates for Children & Youth; Mo’ MAGIC, the San Francisco Human Rights Commission, and the San Francisco Public Defender’s Office
Q: John didn’t sign his daughter’s IEP this year. Does that mean she’s no longer in special education? A: No. The old IEP stays in effect if the parent/guardian does not sign the new IEP. John’s daughter should be receiving the same services as last year; she just won’t be receiving any new ones. Organized by the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, in partnership with Coleman Advocates for Children & Youth; Mo’ MAGIC, the San Francisco Human Rights Commission, and the San Francisco Public Defender’s Office
WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP \ STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS ALTERNATIVES TO IEPs SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP \ STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS ALTERNATIVES TO IEPs SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
WHAT IS AN IEP? PARENT/TEACHER/ADMINISTRATOR REFERS STUDENT FOR ASSESSMENT SCHOOL SENDS ASSESSMENT PLAN TO PARENT FOR APPROVAL (WITHIN 15 DAYS) PARENT APPROVES & SCHOOL CONDUCTS ASSESSMENT 60 DAYS DISABILITY FOUND, AND DISABILITY NO DISABILITY FOUND, OR DISABILITY INTERFERES WITH EDUCATION DOES NOT INTERFERE WITH EDUCATION IEP DEVELOPED NO ACTION
WHAT IS AN IEP? What: A written roadmap of a child’s performance, learning goals, and the special education and services he or she will receive to achieve those goals. The goal is to help the child be involved in, and • progress in, the general education curriculum. Why: This extremely important document lays out all the special education services that the child will receive to assist him or her. Who: The IEP team When: At least once a year
WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS ALTERNATIVES TO IEPs SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
WHAT IS AN IEP TEAM? An IEP team is a group of individuals who combine their knowledge, experience, and commitment to help design an educational program for the child. Parent(s) or guardian(s) • 1+ general education teacher (if child is, or may be, • participating in general education environment) 1+ special education teacher • District representative, knowledgeable about the general • education curriculum and about the availability of resources in the district Person who conducted assessment (or who can interpret the • results) Other individuals with knowledge or special expertise • regarding the child, including related services personnel as appropriate (at the discretion of parent or district) Student (if over 16) • Interpreter • Advocate •
WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS ALTERNATIVES TO IEPs SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS ALTERNATIVES TO IEPs SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
FORMING THE IEP IEP TEAM GOES OVER EVALUATION RESULTS; IEP TEAM SHARES THOUGHTS AND SUGGESTIONS IEP TEAM WORKS COLLABORATIVELY TO DEVELOP AND DOCUMENT EACH REQUIRED ELEMENT OF THE IEP PARENT(S) OR GUARDIAN(S) PROVIDE WRITTEN CONSENT [PARENT(S)/GUARDIAN(S) ENTITLED TO COPY OF IEP AT NO CHARGE]
FORMING THE IEP WHAT DOES THE IEP CONTAIN? Present levels of academic achievement and functional performance • Annual goals • How the school will measure progress toward these goals • Special education and related services to be provided, including • supplementary aids and services, changes to the program, supports for school personnel A parent nt or guar ardian an can request services such as: Modified assignments Behavior support plan Smaller class sizes Different classes Counseling Transportation Health or nursing services Assistive technology Speech or language And more… therapy
FORMING THE IEP WHAT DOES THE IEP CONTAIN? Present levels of academic achievement and functional performance • Annual goals • How the school will measure progress toward these goals • Special education and related services to be provided, including • supplementary aids and services, changes to the program, supports for school personnel Services delivery (when, how often, where, how long • the services will last) If and how the child will participate in district and/or state • assessments Modifications for testing • Placement (i.e., how much of the day the child • will be separated from non-disabled children, or not participate in extracurricular or other nonacademic activities)
FORMING THE IEP DECIDING PLACEMENT What are the options for placement? General education classroom • Special education classroom • Pull-out program • Special education school • Home • Hospital or other public or private institution •
FORMING THE IEP DECIDING PLACEMENT Schools have an obligation to place students in the “LEAST RESTRICTIVE ENVIRONMENT” (LRE): Children with disabilities (whether in public or private • schools or other care facilities) must be educated with children who do not have disabilities to the maximum extent possible Separate classes/schooling or other removal may • ONLY occur if the nature/severity of the disability makes education in the regular classroom unsatisfactory (even with supplementary aids/services)
FORMING THE IEP DECIDING PLACEMENT If a child’s IEP removes him or her from the regular class or • extracurricular or non-academic activities, the IEP must explain why Since the IEP is driven by the child’s needs, this explanation must • reflect the child’s needs The explanation may not be based upon: • The location of staff or the funds that are available • The needs or convenience of the school system • The child’s “label” • Parent/guardian has the right to be involved in • determining placement Parent/guardian must receive prior written notice • regarding placement decisions
FORMING THE IEP
FORMING THE IEP IMPLEMENTING THE IEP Special education and related services must be made • available to the child in accordance with the IEP as soon as possible following development of the IEP Each teacher, service provider, and anyone else responsible • for implementing the IEP: Must have access to the IEP • Must be informed of his or her responsibilities, and • Must be informed of specific accommodations, • modifications, and supports to be provided to the child At least once a year, the child’s IEP team should re-convene • to discuss the child’s progress and develop his or her next IEP
WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS ALTERNATIVES TO IEPs SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
WHAT IS AN IEP? WHAT IS AN IEP TEAM? FORMING THE IEP STUDENT AND FAMILY RIGHTS IN THE IEP PROCESS ALTERNATIVES TO IEPs SCHOOL DISCIPLINE FOR STUDENTS IN SPECIAL EDUCATION ADDITIONAL RESOURCES Q&A
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