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Overview of Special Education and the IEP Process for CASA Volunteers

This overview provides information on the special education process and the Individualized Education Program (IEP) for CASA volunteers in Nevada County. It covers the responsibilities of a court-appointed advocate, parent rights, the Individuals with Disabilities Education Act (IDEA), the referral process, assessment, the IEP team, and eligibility categories.

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Overview of Special Education and the IEP Process for CASA Volunteers

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  1. Overview of Special Education and the IEP Process for CASA Volunteers Nevada County SELPA October 10, 2016 Nevada County SELPA 400 Hoover Lane Nevada City, CA 95959 (530) 265-0611

  2. Nevada County Special Education Local Plan Area (SELPA) The Nevada County Special Education Local Plan Area (SELPA) includes the school districts and charters within western Nevada County. Within the SELPA there are approximately 1,230 students with special needs from age 0-22, with disabilities ranging from speech and language impairment to students with severe disabilities. The basic goal of the SELPA is to ensure that these students receive high quality special education programs and services in the most effective and efficient manner possible.

  3. Responsibilities of a Court Appointed Advocate for a Student with Special Needs May include the following: Review student records Meet and confer with school and agency personnel Observe student during school hours Hold all information as confidential Attend and participate in IEP meetings

  4. Parent Rights Parents must be notified when the school: Plans to conduct a special education assessment Want to change identification, conduct an education evaluation, and / or determine special education services and placement A district cannot conduct an educational assessment to determine eligibility for special education or provide special education services without written parent consent

  5. Parent Rights, con’t: The parent has the right to obtain an independent educational evaluation Parents must be informed by the school of their right to examine school records which relate to their child’s education The parent must receive a full explanation of all the procedural safeguards provided by law Parents have the right to participate in the IEP meeting when their child’s educational program is developed Parents have the right to request an impartial hearing if they disagree with the decision of the district

  6. Individuals with Disabilities Education Act (IDEA 2004) Federal law that defines the provisions of special education supports and services for students with exceptional needs Reauthorized in 2004 Last reauthorization 1997 Originally the “Education for all Handicapped Children Act, PL94-142 New Regulations Fall 2006

  7. Referral Process Only after general education interventions have proven to be ineffective IDEA 2004 places a much greater emphasis on pre referral interventions, the use of explicit, research based instructional strategies and materials, and access and involvement in general education curriculum and activities Through the Student Study Team, staff and parent can meet prior to referral to SE to identify supports and interventions available through the general education program

  8. Referral Process for Assessment for Special Education Eligibility After general education interventions have proven to be ineffective Teachers, administrators or parents usually refer Timeline: 15 days from a written request for referral, an assessment plan must be developed, or reasons why the district will not assess are provided in writing The parent then has 15 days to provide informed consent by signing the Assessment Plan

  9. Assessment The law requires assessment in all areas of suspected disability Utilizes a variety of assessment tools: standardized assessments, interviews, checklists, observations. Team process includes parent, GE and SE teachers, psychologist, student, specialists, etc. Timeline: 60 days from development of assessment plan an IEP meeting must be held to determine eligibility for special education

  10. Timeline Exceptions Referral and assessment timelines do not include vacation days of 6 or more or days between terms or semesters When a referral is received within 30 days of the end of the school year, the LEA has 30 days of the subsequent school year to assess the student and hold an IEP

  11. The IEP Team Minimum membership: • One or both parents, or a representative or both • Administrator or designee • General education teacher • Special education teacher / service provider Beginning at age 16, student must be invited to his / her IEP meetings and is a valuable member of the process Other possible team members: • Other individuals invited by the parents or school • Persons who have assessed the student • Anyone else who might be helpful in developing an educational plan for the student

  12. Eligibility • Responsibility of the IEP team to determine: • If student meets criteria for eligibility under State and Federal guidelines for one of the disabling conditions • Student requires specialized instruction to progress in general education • Needs cannot be addressed through general education

  13. Who is Eligible? Federal and State laws identify eligibility for special education under these categories: Intellectual Disability Specific Learning Disability Speech Language Impaired Emotional Disturbance Multiple Disability Orthopedic Impairment

  14. Eligibility Categories Con’t Autistic Like Deaf Hard of Hearing Traumatic Brain Injury Visual Impairment Deaf Blind Multiple Disability

  15. Eligibility If student is found eligible for special education, the IEP team must develop an Individualized Education Program including goals and objectives, and needed services and supports, accommodations and modifications

  16. IEP Process Based on assessments and present levels of performance, the IEP team identifies areas of need Based on needs, the IEP team develops Goals and Objectives (G&O) Based on G & Os, determine SE services, supports, accommodations and modifications

  17. Special Education Supports and Services Special Education is a Service Not a Place Free and Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) LRE: Education occurs as closely as possible alongside typically developing peers Range of services and placements: related services, specialized academic instruction with SE teacher, Non-public school (NPS), out-of-home placements Related services: those services that allow a child to receive FAPE according to the IEP: speech and language therapy, occupational therapy, counseling services, vision services, etc

  18. Special Education Services Are available to qualifying students birth to 22 If a student receives a high school diploma they are no longer eligible for special education If they receive a certificate of completion, they continue eligibility til age 22

  19. When does the IEP team meet? Within 30 days of student entering with existing IEP (interim placement IEP) At least once a year (annual IEP) Within 60 days of receipt of a signed Assessment Plan Within three years of most recent assessment IEP To address lack of progress Within 30 days of written parent request

  20. Tri Annual Assessment Every three years, the IEP team with parent input, determines what testing is necessary, if any, to determine that the student continues to be an individual with special needs, and to identify necessary changes to services. If the district determines that no additional assessment is necessary, the parent may request assessment.

  21. Transition At the IEP before the student’s 16th birthday, the student’s transition needs must be considered and a transition plan developed This plan emphasizes development of awareness and skills necessary to transition out of school and into college or the workplace

  22. Behavior Suspension and Expulsion When a student exceeds 10 days of suspension within a school year or is recommended for expulsion, the IEP team must determine if the behavior is a direct result of the student’s disability If it is, the student must be returned to school, in most cases

  23. Confidentiality All personally identifiable information, written or verbal, is confidential Special Educaiton records are confidential Parent consent must be obtained before sharing personally identifiable information Cannot discuss a special education students with anyone not directly involved

  24. More Information The Nevada County SELPA’s Parent Handbook contains more detailed information on the IEP process. www. Nevco.org Then go to Special Education, SELPA, SEPAC, Parent Handbook

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