© 2012 Know Your Rights and the Law So You Can Be the Best Advocate for Your Special Needs Child...

© 2012

Know Your Rights and the Law So You Can Be the Best Advocate for

Your Special Needs Child

Presented By:Sheryl Frishman, Esq.

© 2012 2

Why is the relationship between the Parent & the School District

so adversarial?

© 2012 3

“The Special Education Battlefield”

“The War to Get Services for Children: the Parents and the School Districts

are the Soldiers”

“Us Against Them”

© 2012 4

What are the Barriers to a Cooperative Relationship?

Parents AND district not understanding their legal obligations

Limited resources

“Turf Wars”

Coming to the table with preconceived or a predetermined program or services

© 2012 5

Understand that there is a mutual goal: the appropriate education of the child Shared responsibility in the education of the child Good Communication! BOTH parents and the school district need to understand their legal rights and obligations under the law

HOW DO YOU BUILD A MORE COOPERATIVE RELATIONSHIP?

© 2012 6

You may have a relationship with your school district for up to 21 years….

You do not want to start in an adversarial fashion or it will be a more difficult road.

© 2012 7

SPECIAL EDUCATION LAW 101

© 2012 8

IDEA - Individuals with Disabilities Education Act

Federal special education law (cited as 20 U.S.C §§1400-1487 and 34 C.F.R Part 300)

The purpose of IDEA is “to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.”

IDEA

© 2012 9

Ed. L. & NYCRR - Article 89 of the NY State Education Law & Part 200 of the commissioner of education’s regulations

New York’s special education laws. These laws fully take into account the Federal Law and also offer more State specific rules and regulations.

PART 200

© 201210

Two tier test:

(a) a child with an intellectual disability, hearing impairments, speech or language impairments, visual impairments, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments (includes ADD), or specific learning disabilities (includes dyslexia)

(b) who, by reason of the disability, needs special education and related services (emphasis added)

CHILD WITH A DISABILITY

© 201211

504 - Section 504 of the Rehabilitation Act of 1973 A civil rights law that: (a) protects individuals from

discrimination; and (b) entitles children with disabilities that limit a major life activity, such as learning, to a free appropriate public education designed to meet their individual educational needs as adequately as the needs of children without disabilities are met.

504 provides fewer protections than IDEA .

There is no requirement that a §504 Plan be written.

SECTION 504

© 2012 12

No Child Left Behind – reauthorized a number of federal programs aiming to improve the performance of U.S. primary & secondary schools

Schools must implement NCLB standards in order to receive certain federal funding

Main Components: Teacher Quality Student Testing Scientifically Based Research Public School Choice

NCLB

© 2012

DASA and Bullying

Research shows that students with disabilities are particularly vulnerable to harassment and bullying. Bullying can cause educational decline, anxiety, physical ailments and missed classes.

A new tool and mandate exists to prevent and address student bullying and harassment. The Dignity for All Students Act prohibits harassment and bullying based on disability and other characteristics.

To implement the law, each school must appoint a Dignity Act Coordinator. If your child is the victim of bullying, do not delay in reporting this.

13

© 2012 14

FAPE

Free Appropriate Public Education Special education and related services that are

(a) provided in an Individualized Education Program (IEP)

(b) designed to meet the unique needs of a child with a disability

(c) meet state standards (d) are provided at public expense

© 201215

Least Restrictive Environment To the maximum extent appropriate, children with

disabilities should be educated with children who are not disabled

Placement in special classes or removal from the regular education setting occurs only when the disability is so severe that satisfactory education cannot be achieved in regular classes with the use of supplementary supports

Special education setting must be as close as possible to the students local school.

LRE

© 2012

Early Intervention: Children age 0-3 Run through Department of Health Focus on development and family To be eligible child must have a 33% delay in one area or 25% delay

in two or more areas of development (cognitive, adaptive, communication, physical, social emotional)

Individual Family Service Plan For Early Intervention Only Based on child development needs and family needs, not school

needs

EI

16

EI

IFSP

© 2012

Committee on Preschool Special Education

The CPSE determines whether a child is eligible for services from ages 3-5

Focus changes from whole child/family centered to child’s ability to succeed in school.

Classified as a “preschooler with a disability”

Services based on school calendar not necessarily eligible for summer services

Parents are dealing directly with the school district

CPSE

17

© 2012

Committee on Special Education Ages 5-21

Who is on the CSE/CPSE committee?

CSE

18

• Comprised of the parents of the child, a regular education teacher of the child, a special education teacher of the child, a representative of the school district (CSE Chair), the child (when appropriate), the school psychologist (New York law) and a parent member.

• All members of the CSE must participate in meetings. However, the parents of the child can decline participation of the parent member.

© 2012

What? When? Who? Do You Understand? Ask Questions! Right to Independent Evaluations

EVALUATIONS!

19

© 2012

Individualized Education Program A written statement for a child with a disability that

describes special education programming and related services designed to meet the unique needs of the child.

The IEP must include:

a statement of the child’s present levels of academic achievement and functional progress

measurable annual goals that are designed to enable the child to make progress in the general education curriculum

a description of how the child’s progress will be measured

measurable post-secondary school goals

IEP

20

© 2012

Foundation or blue print for the student’s program

Too to measure success of the program and services

Tool for monitoring accountability

Clarifies resources to be committed

Provides consistency

Communication tool for teachers & parents to understand the unique needs of the child

Allows for mutual decision-making by parents and team members

Purpose of An IEP

21

© 2012

Make it specific Needs to be understood by anyone who reads it Make it a useful tool Needs to be objective Make it comprehensive, yet concise Needs to reflect the student’s strengths as well

as areas of disability

Guidelines for Writing an IEP

22

© 2012

Present Level of Performance

Statement of student’s present levels of performance in four areas: Academic, Social, Physical Development, and Management

How disability affects involvement in the general curriculum or, for preschool, how it affects participation in age appropriate activities

PLOP

23

© 2012

There should be at least one annual goal for each need identified

For students who qualify for the alternate assessment, short-term objectives or benchmarks to comprise each annual goal must also be developed

Goals must be meaningful and should be different yearly

GOALS

24

© 2012

Can include: Special classes Resource rooms Direct or indirect consultant teacher services Travel training Home instruction Special teachers including itinerant teachers

SPECIAL EDUCATION PROGRAM

25

© 2012

Developmental, corrective and other supportive services required to assist a student with a disability. This is in addition to the special education program. Can be done individually or in a group.

Examples of related services: speech & language pathology, audiology services, psychological services, physical therapy, counseling services, parent counseling and training, school health services, etc.

Related Services

26

© 2012

Supplementary aids and services and/or program modifications or supports are aids, services and other supports that are provided in general education classes or other education-related settings to enable students with disabilities to be educated with non-disabled peers in the LRE.

Program Modifications

27

© 2012

Any item, piece of equipment or product system, whether acquired commercially off the shelf, modified or customized, that is used to increase, maintain or improve the functional capabilities of a student with a disability

Should include training

Can student take it home?

Assistive Technology

28

© 2012

Transition

What are transition services?

Transition services refers to a coordinated set of activities for a child with a disability that focuses on “improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from post-school activities.

Post-secondary school activities include: post-secondary education, vocational education, integrated employment (including supported employment), continuing/adult education, adult services, independent living, or community participation.

IEP must include transition goals that are based on the student's needs, taking into account the student’s strengths, interests and preferences and should be person-centered.

© 2012

Transition (cont) Transition services include:

“instruction, related services, community experiences, development of employment and other post-school adult living objectives and, when appropriate, acquisition of daily living skills and functional vocational evaluation”

Transition process begins with the IEP year that the student turns fifteen but parents should be familiar with the transition process prior to that

Student should be included, where appropriate

Consider including local agencies in transition planning; local agencies can also provide services and training

Consider opportunities in the community

© 2012

SUMMER SERVICES?

31

Regression?

Maintenance Only!

© 2012

NOW WHERE SHALL THESE SERVICES BE PROVIDED?

32

© 2012

DO NOT WAIT UNTIL THE MEETING TO DEVELOP

THE IEP & GOALS!

Review all evaluations and progress reports with team members

Develop goals collaboratively

Preparing for the CSE Meeting

33

© 2012

Create a vision statement (long-range) for your child Keep in mind educational outcomes necessary for the vision

to become a reality Create a list of your child’s strengths, interests and needs –

use evaluations and progress reports for this Come up with your own suggestions for the IEP – maybe a

parent report If possible, get draft goals to review prior to the meeting Fill out the sample IEP form found on the VESID website Prepare yourself mentally, organize your thoughts, and

create an agenda.

WHAT TO DO BEFORE THE MEETING

34

© 2012

The Parent

What Are Your Roles During the Meeting ?

If you do not feel comfortable with any of the above roles, then you may want to bring someone to the meeting with you!

35

▪The Parent ▪The Listener

▪The Questioner ▪The Active Team Member

▪The Creative Thinker ▪The Advocate

© 2012

After the Meeting

Thank everyone for their time and effort

Ask to see a draft of the IEP before it is finalized

Write a letter confirming what occurred during the meeting

36

© 2012

A Checklist Are there clear statements about what my child can do

right now in various areas?

Do these statements of what my child can do agree with my own observations?

Is what my child is supposed to accomplish by the end of the year clearly stated?

Do I think these skills are important for my child to work on? Are the expectations reasonable?

Do You Understand Your Child’s IEP?

37

© 2012

Do I understand how learning is going to be measured and how well my child must perform each task?

Have my ideas about what is important been considered in the development of the program?

Do I know the specific educational services that will be provided?

Do I know how much time my child will participate in the regular education program?

Checklist Continued…

38

© 2012

Checklist Continued…

Do I know when the program will begin and how long it will last?

Are there things that I can do as a parent to help my child succeed in the program?

How often will progress be reported to me?

Are there opportunities throughout the year for the team (including the parent) to meet?

39

© 2012

Pendency / “Stay Put”

During a due process hearing and appeals, the child must remain (“stay put”) in the current educational placement as per the last agreed upon IEP

There are some exceptions to this

STAY PUT

42

© 2012

Private Insurance OPWDD Medicaid Waiver

Outside of the School District, Is There Anywhere Else I Can Get Services for My Child?

44

© 2012

http://www.p12.nysed.gov/specialed

Office of Special Education of the New York State Dept of Education

The best resource out there!

OSE

45

© 2012

Sheryl R. Frishman, Esq.(914) 898 - 2106

[email protected]

Special Education Advocacy from Birth through Age 22Advocacy for School Accommodations & Modifications

Transition Planning & AdvocacySchool Discipline Matters

Estate Planning, Supplemental Needs Trusts and Guardianships

399 Knollwood Rd ▪ White Plains, NY 10603 ▪ P 914.684.2100 ▪ F 914.684.98

47

© 2012

This Handout/Presentation may not be reproduced without the express prior permission of Sheryl R. Frishman, Esq.

Nothing in this handout should be construed as legal advice.

Please consult with your own attorney before relying on the information contained herein

Disclaimer

48

© 2012 Know Your Rights and the Law So You Can Be the Best Advocate for Your Special Needs Child...

Documents

Transcript of © 2012 Know Your Rights and the Law So You Can Be the Best Advocate for Your Special Needs Child...