11/3/2014

The Law

A Layman’s Guide to Your Child’s Rights at an ARD Meeting Presented by Matthew L. Finch 2014 Texas CASA Conference Galveston, Texas October 25, 2014

• Individuals with Disabilities (IDEA 2004) 20 USC §1400

Education

Act

• Texas Administrative Code (Title 19, Part II, Chapter 89 Adaptations for Special Populations, Subchapters D and AA)

If Your Client/Student is Receiving Special Education Services • Protected by IDEA but also influenced by other areas of the law • Students must be provided with a Free Appropriate Public Education (FAPE)

• Texas Education Code (Title 2, Chapter 29, Subchapter A – Special Education Programs)

• Students must be educated in regular education settings, to the maximum extent appropriate

• Section 504 of the Rehabilitation Act of 1973

• Extra protections when a school is considering disciplining a student with a disability for behavioral issues

• No Child Left Behind

• Eligible from age 3 until 22nd birthday

1

11/3/2014

Evaluations and a child’s IEP • Evaluations determine a child’s eligibility • Evaluations determine the level of services a child receives • Required every three years • FIE conducted by the school • Completed within 45 days • In all areas of known or suspected disabilities

Different Categories that Qualify a Child for Special Ed Services • Autism Spectrum (Pervasive Developmental Disorder (PDD), Asbergers, autism • Learning Disabled (LD) • Emotionally Disturbed (ED) Bipolar, ODD, etc. • Speech Impaired (SI) • Other Health Impaired (OHI) • Visual Impairment (VI)

• Disagreements/IEEs

• Specific Learning Disability (SLD)

• Child find

• Orthopedic Impairment (OI)

• REED ARD (Review of Existing Data)

• Not just a diagnosis, must show an educational need

Autism Supplement • 11 factors to consider •

Extended educational programming, including extended-day and extendedyear services

•

Daily schedules with minimal unstructured time

•

In-home and community-based training that helps students acquire social and behavioral skills

•

Positive behavioral support strategies

•

Planning for the life, work and education of children of all ages

•

Parent and family training and support

•

Suitable student-to-staff ratios for children during the various stages of learning

•

Communication interventions

•

Social skill supports

•

Professional educator and staff support and training

•

Teaching strategies based on research-based practices, including discretetrial training and applied behavior analysis

2

11/3/2014

The IEP Process: ARD committee • Parents/Guardians • General Education Teacher • Special Education Teacher • School Administrator • Therapist • Evaluator(s) • Medications? Nurse • Other private people you may invite (doctors, counselors, etc.) who have specialized training or knowledge about child

The IEP Process: Behavior Concerns • Functional Behavior Assessment (FBA) • Behavior Intervention Plan (BIP) • Positive Behavior Support (PBS) • Student Code of Conduct as it relates to IEPs and students with disabilities • Zero Tolerance Laws • NEVER consent to the use of removal, law enforcement, or restraints • Texas Education Code Chapter 37

Discipline Placements • Suspension • DAEP • Expulsion • In school suspension (ISS) • Patterns of removals (10 day significance) • School district still obligated to provide FAPE in all placements • TEC §37.002 confinement, seclusions. Seclusion NOT allowed

restraint,

• 19 TAC 89.1053. Restraint and Time-out

3

11/3/2014

The IEP Process: The ARD Meeting

How to Call an ARD

• Parents and guardians are equal partners

• Request in writing

• Consensus

• Deliver to special education director and principal

• No time limits • Agendas • Ability to tape meetings • Request documents (evaluations, proposed goals) ahead of time to prepare • Right to understand what they're talking about • Can call an ARD at ANY TIME

• Give brief reason for ARD • School must give 5 days notice • Parents are equal partners

Why to call an ARD • Known or suspected disability that impacts education • Lack of progress on IEP goals • Behavior incidents or absences that could be directly related to disability • To request testing or to review testing • To discuss a change of placement • To provide information obtained by parents • Required to be at least annually

4

11/3/2014

The IEP Process: Goals And Objectives • Present levels of performance • Data collection • Must have a baseline • Measurability • Ways to communicate progress to parents should be written into the IEP

The IEP Process: Related Services •

Supportive services which are required to assist a student with a disability to benefit from special education. They include:         

Speech Therapy Occupational Therapy Physical Therapy Assistive Technology Audiology Psychological Services Transportation Parent Counseling Adaptive PE

The IEP Process: Extended School Year Services (ESY) • Services provided beyond the usual school year, when school not in session, typically summer programs • NOT “summer school” • Regression • Recoupment of skills • ARD committee decision

5

11/3/2014

The IEP Process: Prior Written Notice • A description of the action proposed or refused by the agency; • Explanation of why the agency proposes or refuses to take the action, • Description of any other options that the agency considered and the reasons why those options were rejected; • Description of each evaluation procedure, test, record, or report the agency used as a basis for the proposed or refused action; a description of any other factors that are relevant to the agency's proposal or refusal;

The IEP Process: Prior Written Notice continued • Statement that the parents of a child with a disability have protection under the procedural safeguards of the law; • If this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; and • Sources for parents to contact to obtain assistance in understanding the provisions of this part.

The IEP Process: Placement • Least Restrictive Environment (LRE)  General education  General education with supports (aides, assistants)  Special education support  Special education classroom  Behavior unit  Private RTC • Placement should ONLY be discussed after the present levels of performance are reviewed and goals and objectives have been created

6

11/3/2014

Transition planning • Should begin discussions when student is 14 years old

Response to Intervention (RTI)

RTI (continued)

•

a multi-tier approach to the early identification and support of students with learning and behavior needs. The RTI process begins with high-quality instruction and universal screening of all children in the general education classroom

• Tier 1: High-Quality Classroom Instruction, Screening, and Group Interventions

• Could include such entities as DARS, AACOG, the ARC.

•

may be provided by a variety of personnel, including general education teachers, special educators, and specialists.

• Tier 3: Intensive Interventions Comprehensive Evaluation

• Most Districts have some type of community outreach programs with lists of service providers

•

For RTI implementation to work well, the following essential components must be implemented with fidelity and in a rigorous manner:

• Must begin implementing a transition plan when student is 16 years old

• Addresses post-secondary goals

   

High-quality, scientifically based classroom instruction Ongoing student assessment Tiered instruction Parent involvement

• Tier 2: Targeted Interventions and

• NOT a substitute for Special Education • Does NOT replace the comprehensive evaluation

need

for

a

7

11/3/2014

The IEP Process: ARD Deliberations • Document, document, document. • Be specific with wording • Make sure it reflects what actually happens • Legally binding contract • Disagreement?

The IEP Process: Manifestion Determination Reviews (MDR) • Able to follow student code of conduct?

The IEP Process: Disagreeing with the ARD • 10 day recess

• Manifestation of disability?

• Include a written amendment to the ARD in your own writing and attach to ARD document

• Enough information/testing/evaluations

• Last agreed upon ARD meeting

• Failure to implement IEP

• “Stay put” provision no longer applies

• Mandatory DAEP expulsion: Guns, drugs

8

11/3/2014

The IEP Process: Tips • Everything in writing, PAPER TRAIL

The IEP Process: Tips (cont’d)

• Follow up letter (“Thanks for calling me....”)

• Keep logs, notes, ARD documents, evals organized in a binder (CPS green notebook)

• Disagreements

• 5 day notice to implement IEP (waiver?)

• Get full copy of ARD before signing

• Participation by telephone

• Bring someone (advocate, attorney, friend)

• Most Districts will request that their counsel is present if a child’s attorney will participate in the ARD process, let them know ahead of time!

• If you don't understand, ASK! • If there are evaluations, get them ahead of time to review and prepare

Section 504-what is it? •

civil rights law that prohibits discrimination against individuals with disabilities. Section 504 ensures that the child with a disability has equal access to an education. The child may receive accommodations and modifications.

•

Eligibility determinations are specific to each child with a disability.

•

If a child has a disability that adversely affects educational performance, that child is eligible for special education services under IDEA. All children who eligible for special education services under IDEA are protected under Section 504 (but the converse is not true).

•

If a child has a disability that does not adversely affect educational performance, that child is not eligible for special education services under IDEA, but is usually entitled to protections under Section 504.

9

11/3/2014

Surrogate Parents

Legal Recourses for Parents and Guardians

Online Resources • Wright’s Law: www.wrightslaw.com

• 34 CFR 300.519 • Acts “in place of” parent • Specifically allows if child is a ward of the state (CPS custody)

• Local school complaint (student code of conduct)

• Council of Parent Attorneys and Advocates: www.copaa.org

• TEA complaint

• Texas Education Agency (TEA) Parent Resource Guide:

• Request for Mediation

• Courts have power over wards to appoint surrogates

• Request for (administrative)

• Foster parent preference Texas Education Code §29.015(a)(b)

• Testimony in CPS court

Due

Process

Hearing

http://www.tea.state.tx.us/index2.aspx?id=21474913 99 • Individuals with Disabilities Education Act: http://idea.ed.gov/explore/home

• CASA volunteer

10

11/3/2014

ACRONYMS and ABBREVIATIONS

ACRONYMS and ABBREVIATIONS

ACRONYMS and ABVREVIATIONS

•

IDEA

Individuals with Disabilities Education Act

•

FERPA

Family Educational Rights and Privacy Act

•

FIE

Full Individual Assessment

•

AU

Autism /spectrum

•

ADA

Americans with Disabilities Act

•

IEE

Independent Educational Evaluation

•

OHI

Other Health Impaired

•

NCLB

No Child Left Behind

•

LRE

Least Restrictive Environment

•

MR

Mental Retardation

•

ARD

Admission, Review, and Dismissal

•

•

VI

Visual Impairment

LEA

Local Education Agency (District)

•

AT

Assistive Technology

•

RTI

Response to Intervention

•

TEA

Texas Education Agency

•

•

PEIMS

Public Education Information Management System

OT

Occupational Therapy

•

FAPE

Free Appropriate Public Education

•

DAEP

Disciplinary Alternative Education Program

•

PT

Physical Therapy

•

PPCD

Preschool Program for Children with Disabilities

•

JJAEP

Juvenile Justice Alternative Education Program

•

IEP

Individual Educational Plan

•

DPH

Due Process Hearing

•

TJJD

Texas Juvenile Justice Department (former TYC)

•

BIP

Behavior Intervention Plan

•

ED

Emotional Disturbance

•

FBA

Functional Behavioral Assessment

•

SI

Speech Impairment

•

ECI

Early Childhood Intervention

•

AI

Auditory Impairment

•

ESY

Extended School Year

11

11/3/2014

QUESTIONS? The Law Offices of Matthew L. Finch, PC The Historic Milam Building 115 East Travis, Suite 1500 San Antonio, Texas 78205 (210) 223-1123 phone (210) 223-7455 fax

12