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HomeMy WebLinkAboutSpecial Education Overview for School Board 11-04-19SPECIAL EDUCATION OVERVIEW JANET BUBERT UNDERWOOD LAW FIRM OVERVIEW •IDEA (Individuals with Disabilities Education Act) •Child Find •Assessment, Eligibility, FAPE and the IEP Process •LRE (Least Restrictive Environment) and the continuum of educational placements IDEA PROVIDES ELIGIBILE STUDENTS: •A free and appropriate public education (FAPE) •Placement in the least restrictive environment •Opportunity for parent participation These rights are protected by: •Individualized Education Program (IEP) •Due process procedures CHILD FIND All children with disabilities including homeless or wards of the state, who are enrolled in elementary and secondary schools and private schools, including parochial schools, regardless of the severity of their disabilities, and who are in need of special education and related services shall be identified, located and assessed. REFERRAL TO SPECIAL EDUCATION •A pupil should be referred for special education instruction and services only after the resources of the regular education program have been considered and, where appropriate, utilized. RESPONSE TO INTERVENTION (RTI ) •RtI is a systematic and data-driven set of interventions used in the general education environment to identify and intervene with students having academic or behavioral difficulties. Interventions must be research-based and delivered with fidelity. •There are three levels or tiers in the RtI model: •Tier 1 –All students •Tier 2 –Students not showing progress with Level 1 interventions. Small groups, more intensive •Tier 3 –Students not showing progress with Level 2 interventions. Smaller groups, most intensive WHO IS AN ELIGIBLE STUDENT WITH A DISABILITY? •Between the ages of 3 -21 •Meet the definition of one or more of the categories of disabilities •Need special education and related services as a result of a disability or disabilities IDEA DISABILITY CATEGORIES •Autism •Deaf •Deaf-Blindness •Emotional Disturbance •Hearing Impairment •Intellectual Disability •Multiple Disabilities •Visual Impairment •Orthopedic Impairment •Other Health Impairment •Specific Learning Disability •Speech/Language Impairment •Traumatic Brain Injury WHAT IS SPECIAL EDUCATION? •Specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability. •Special education is a service, not a place. •Modifications vs. Accommodations RELATED SERVICES •Speech/language •Orientation/mobility •Transportation •Adaptive PE •Occupational therapy •Physical therapy •Assistive technology •Counseling •Behavior support •Audiological services •Health and nursing services •Parent counseling/training FULL INDIVIDUAL EVALUATION (FIE) •Used to determine eligibility for special education services and creating an appropriate IEP •Must be sufficiently comprehensive to identify all of the student’s special education needs, whether or not commonly linked to the disability category in which the student is classified •Must be completed by qualified evaluators FULL INDIVIDUAL EVALUATION (FIE) •Reviewed by an ARD (Admission, Review & Dismissal) Committee to determine if student is eligible for special education services under the IDEA •If eligible, ARD committee develops an IEP ARD COMMITTEE •Parents of the child •Administrator •General Education teacher •Special Education teacher •Individual who can interpret the instructional implications of evaluation results •Other individuals with knowledge or special expertise about the child, including related services personnel as appropriate •Whenever appropriate, the child with the disability. THE IEP •A written, individualized statement •Developed and reviewed by the ARD Committee at least annually •A commitment of appropriate services for student to make progress in the curriculum •The IEP does not guarantee educational outcomes, but should be reviewed if student not making progress KEY CONCEPTS OF LRE •Must be determined based on a student’s individual needs •The general education class is always the first choice considered •If student cannot be successful, then consider a continuum of more restrictive placements. PLACEMENT OPTIONS FOR LRE •Mainstream •Resource room •Self-contained classroom •Contracts with other school districts •Nonpublic day school •Home instruction •Residential treatment facility FAPE •Special education and related services reasonably calculated to enable a student to make progress appropriate in light of the child’s circumstances. •IDEA does not guarantee any particular level of education and does not promise any particular educational outcome. LIABILITY STANDARD •Did the school comply with the procedures set forth in the IDEA? •Is the IEP reasonably calculated to enable the child to receive educational benefits?