Special Education & Parents’ Rights

1. Special Education & Parents’ Rights Agenda:

2. Introduction:Special Education & The New Orleans Educational Landscape Presented by Teams Intervening Early to Reach all Students (TIERS)

3. Who We Are What We Do Provide Professional Development Coaching Technical Assistance Help schools expand their capability to improve results for students served by Special Education programs W. Alan Coulter, Ph.D. Jennifer Maynard, Ph.D.

4. Charter Schools & Special Education Services

5. Parents’ Rights & IDEA Presented by Rachel Stafford Executive Director, Special Services Recovery School District Provide general information regarding special education rights under federal and state law to assist parents in advocating for their child.

6. IDEA • Individuals with Disabilities Education Act • The federal law that governs special education and related services is the Individual with Disabilities Education Act (IDEA). • IDEA emphasizes the provision of Free Appropriate Public Education (FAPE)

7. IDEA 2004Six Main Principles

8. Eligibility Children (birth through the end of the school year in which they turn age 21) with the following disabilities may be eligible for special education: • Mental disability; • Hearing impairments (including deafness); • Speech or language impairments; • Visual impairments (including blindness); • Emotional disturbance; • Physical or Orthopedic impairments; • Autism; • Traumatic brain injury; • Multiple disabilities; • Developmental Delay (3-8); • Other health impairments (e.g., ADHD, Tourette's, HIV); • Specific learning disabilities; or • Deaf-blindness

9. Evaluations-Consent • Must obtain consent from parent before conducting initial evaluation and before providing initial services. 20 U.S.C. 1414(a)(1)(D); 300.300; Bulletin 1706 §301

10. Special Education • Specially designed instruction, at NO COST TO THE PARENT, designed to meet the unique needs of a child with a disability. • Includes: (1) special classroom instruction; (2) special physical education and (3) special vocational education (depending on child’s needs). • If child cannot attend school, special education may be delivered at home or in the hospital. • May also include speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State services. 20 U.S.C. 1401(29); §300.39(a); Bulletin 1706 §903

11. Special Education Specially designed instruction – means adapting the content, delivery, or methodology as appropriate to (1) address the needs of an eligible child that result from the child's disability; AND (2) ensure access of the child to the general curriculum, so that the child can meet the educational standards that apply to all children. 20 U.S.C. 1401 (29); §300.39(b)(3); Bulletin 1706 §903

12. Special Education • Related Services – services required to assist a child with a disability to benefit from special education. Including, but not limited to, 20 U.S.C. 1401 (26); §300.34(a); Bulletin 1706 §903

13. IEP Individualized Education Program (IEP) means “a written statement for each child with a disability that is developed, reviewed and revised.” 20 U.S.C. 1414(d)(1)(A); §300.320; Bulletin 1706 §320

14. IEP • An IEP must contain the following information: • Child’s disability; • Child’s present level of academic achievement and functional performance; and • Measurable annual goals, including academic and functional goals. 20 U.S.C. 1414(d)(1)(A) and (d)(6); §300.320(a); Bulletin 1706 §320

15. Measurable Annual Goals • The goals should be designed to enable the child to be involved in and make progress in the general education curriculum and include the following: • A statement of how the child’s progress will be measured. • A statement of when progress reports will be provided. • A statement detailing accommodations needed. • Explanation of the extent, if any, to which child will not participate with nondisabled children in the regular class or activities. §300.320(a)(2); Bulletin 1706 §320

16. IEP Development, Review, and Revision • IEP Review and Revision • Review at least annually to determine if annual goals for the student are being achieved; and • Revise the IEP, as needed, to address • The lack of expected progress towards the child’s annual goals • Results of any reevaluation • Information about the student provided to, or by, the parents • The student’s anticipated needs • During review, regular education teacher must participate in the review and revision of the IEP. Bulletin 1706 §324(A)

17. IEP Team

18. Team Cont’d • Under IDEA 2004, members of an IEP team may be excused from the meeting only when the parent and the school agree IN WRITING. • If a team member is excused from the meeting, the parent & school must get WRITTEN input before the meeting. 20 U.S.C. 1414(d)(1)(B)-(d)(1)(D); §300.321; Bulletin 1706 §321 (E)

19. Least Restrictive Environment(LRE) • Students with disabilities must be educated with non-disabled peers to the maximum extent possible; AND • Special classes, separate schooling or other removal of children with disabilities may occur ONLY IF the nature or severity of the disability prevents the education in regular classes with the use of supplementary aids and services. 20 U.S.C. 1412 (a)(5); §300.114(a); Bulletin 1706 §114

20. LRE CONT’D • Continuum of Placements - The more the child’s education occurs only with other students with disabilities, the more restrictive the placement is. • The school system must try to meet your child’s needs in a less restrictive setting with supplementary aids and services, as well as provide programmatic supports and modifications for school personnel. • There is a continuum of placements ranging from a regular education classroom (LRE) to home and hospital instruction (most restrictive). 20 U.S.C. 1412 (a)(5); §300.114, §300.116; Bulletin 1706 §114

21. Discipline • Manifest Determination Review (MDR) • Within 10 school days of any decision to change the placement of a child with a disability because of a violation of the code of student conduct. • Notice of discipline action pursuant to MDR must be provided to parents of child with a disability. 300.503(h). Bulletin 1706 §530

22. Procedural Safeguards LDOE Parent’s Rights Handbook is available online! Please visit rsdcharters.org

23. For Questions or Concerns, Please Contact: • Executive Director of Special Services • Rachel E. Stafford, Esq. • rachel.stafford@rsdla.net • 504.373.6200, ext. 20044 (o) 504.717.9628 (m)

24. Enrollment & Special Education Presented by Gabriela Fighetti, Executive Director of Enrollment Recovery School District

25. Louisana Department of Education Special Education Dispute Resolution Process for Parents Presented by Lerone Crayton Special Education Specialist, Charter Oversight Recovery School District

26. Special Education Dispute Resolution Processfor Parents

27. What if my student is not getting the special education services s/he is entitled to? You have the right to voice your concern.

28. First, trycollaborating with your school. Try working it out with school leaders and teachers. Many concerns can be solved quickly at the school level.

29. I’ve tried talking about it with the school… now what? If your concerns are not addressed even after you’ve talked to your school, you have the option of filing a complaint with the Louisiana Department of Education.

30. 4 Steps to Filing a Formal Complaint Send a signed, written complaint to LDE and your school via mail, email, or fax. Describe your issues in detail. 1. If you disagree with the decision, you may request a reconsideration of the findings in writing to LDE within 10 days of receiving the report. 2. The school is given 15 days to respond with a solution. LDE then has 45 days to launch an investigation and issue a decision to you and to the school. 3. 4.

31. Who do I contact at the LDE? Ty Manieri P.O. Box 94064 Baton Rouge, LA tyrell.manieri@la.gov 225.342.3572 (phone)225.342.1197 (fax)

32. For more information about IEP Facilitation or Mediation, visit: www.louisianabelieves.com

33. Advocacy Resources Available to Parents Presented by Teams Intervening Early to Reach all Students (TIERS)

34. New Orleans Parent Resource and Advocacy Centers

35. Thank you! We encourage you to have refreshments and connect with the presenters and other parents. Also, don’t forget to take our exit survey before you leave. Thank you!