Special Education Services and Least Restrictive Environment

1. Special Education Services and Least Restrictive Environment Dr. Christine Winiarski Megan Marie Van Fossan M.A., M.Ed.

2. Overview • What is Special Education? • PA Special Education Regulations • Overview of Least Restrictive Environment • What does it mean for students in: • Juvenile Justice Facilities • Residential Treatment • Shelter Programs • Therapeutic Foster Care

3. Making the Right Educational Decisions for Students with Disabilities • What is the role of the facility or provider? • Why is this important? • The goal and purpose of special education • Minimizing impact of disability • Maximizing opportunities to participate • Interventions & access- most important decisions of IEP

4. History • 1972-PARC Consent Decree Challenged the education of mentally retarded students in PA • Agreement to provide educational services to all children • Has to be free, appropriate public education • No definition for what that means

5. History • 1975 – Public Law 94-142 • First federal law dealing with special education • Modeled after the PA scheme • No major changes for PA

6. History • 1988 – Protection for All Handicapped Children Act • 94-142 amended to provide for attorney’s fees for prevailing party • Only for parents • No meaningful substantive changes

7. History • 1997-IDEA • 1st meaningful substantive changes in 22 years • Reauthorization in 2004 and 2007 • Requires all children with disabilities that qualify to receive a free, appropriate public education • Special education • Related services

8. Special Education Regulations in PA • Chapter 14 of the PA Code

9. PA Chapter 14.102 says: • Ensure that children with disabilities: • Have access to general curriculum • Participate in state and local assessments • Are educated to maximum extent appropriate with nondisabled peers • Provided supplementary aids and services to do so

10. IEP Team • How is a child’s program determined? • All decisions regarding FAPE are made by the IEP Team • Who is on the team? • Parents • Special ed teacher • Regular ed teacher • LEA representative

11. PA Chapter 14 and the Ramifications of Gaskins Settlement Agreement • Placement • Team must first consider regular classroom with supplementary aids and services before considering services in another setting

12. IEP Team • The IEP Team is the decision maker under IDEA • Responsible for developing, reviewing and revising an IEP • There are no individual decisions

13. IEP • What does IEP Team decide? • What special education and related services the child needs to receive FAPE • Once decision is made, all services are written in IEP • Once services are in IEP, school district must ensure child receives those services • contract

14. Least Restrictive Environment • What is the role of the facility or provider? • What does it mean for students in: • Juvenile Justice Facilities • Residential Treatment • Shelter Programs • Therapeutic Foster Care

15. Behavior Management • Who requires a behavior intervention plan? • A child who has behavior difficulties that interfere with learning • Must be POSITIVE interventions and supports • Developed by the IEP Team • Set forth in a written plan