Navajo Blessing for a Newborn Child

2. Navajo Blessing for aNewborn Child "Today, we are blessed with a beautiful baby May his feet be to the East May his right hand be to the South May his head be to the West May his left hand be to the north May he walk and dwell on Mother Earth peacefullyMay he be blessed with precious, variegated stonesMay he be blessed with fat sheep in variationMay he be blessed with respectful relatives and friends

3. Presenters • Zonnie Sombrero • Sarah Nez • Leberta Henderson

4. Parent Empowerment and Advocacy Western Navajo Agency

5. Parents, Students andSchools as Partners Rights and Responsibilities of Parents

6. Presentation Goals

7. Special Education Laws Individual with Disabilities Education Act: • Sometimes referred to as IDEA-97 • Also known as IDEA

8. Parent • The term “parent” refers to a natural or adoptive parent, a legal guardian, a person acting as a parent, or a surrogate parent who has been appointed by the school. • The term “acting as a parent” includes persons such as a grandparent or stepparent with whom the child lives as well as person who are legally responsible for a student’s welfare.

9. When is a student eligible for Special Education? A student is eligible if all three of the following are true: • The student has one or more disabilities. • The student is not making effective progress in school as a result of the disability(ies). • The student requires special education in order to make an effective progress.

10. When is a student not eligible for Special Education? • Limited English Proficiency • Vision/Hearing • ADHD/ADD (Attention Deficit Hyperactivity Disorder/ Attention Deficit Disorder) • Behavior (Unless it impedes the student’s learning)

11. Referring a student for an evaluation to determine eligibility Parents, or other adults involved with the student can make a referral for an evaluation. A referral can be made at any time. A school may not refuse a referral in order to try other supportive services.

12. 13 Types of Disabilities that mayadversely affect educational progress that are defined in state and federal regulations • Mental Retardation • Hearing Impairments • Speech & Language Impairments • Visual Impairments • Emotional Disturbance • Orthopedic Impairment • Other Health Impairment • Specific Learning Disability • Deaf-Blindness • Multiple Disabilities • Autism • Traumatic Brain Injury • Developmentally Delay

13. Children with Disabilities receiving Special Education in BIA Schools December 3, 2001

14. Children with Disabilities receiving Special Education in BIA Schools December 3, 2001

15. Children with Disabilities receiving Special Education in BIA Schools December 3, 2001

16. Children with Disabilities receiving Special Education in BIA Schools December 3, 2001

17. Special Education • Special Education - is specially designed instruction to meet the unique needs of an eligible student, and/or • Related services necessary to access and • make progress in the general curriculum.

18. Related Services Help Children Learn • Some children cannot learn in school unless they have both special education and “related services.” These related services may be as follow:

19. Your child has a right to related services if they are necessary to help him or her benefit from special education. • Counseling Occupational therapy • Speech/language Physical therapy • Orientation /mobility Recreation • Transportation School health services • Psychological services • Rehabilitation Counseling • Parent Counseling and Training • Social Work Services

20. How quickly can I getservices? • Consent to Evaluate • A month after school starts, 30 School Working Days to Evaluate. • Team meeting to determine eligibility • No later than 10 School Working Days. • If eligible, development of IEP and determination of placement • Within 30 calendar days • IEP must be implemented • Within 5 days after it has been developed.

21. Six Basic Principles The federal and state special education laws and the rights of parents and students in special education are grounded upon six basic principles.

22. The Six Principles • Parent and Student Participation • Free and Appropriate Public Education (FAPE) • Appropriate Evaluation • Individualized Education Program (IEP) • Procedural Safeguards • Least Restrictive Environment (LRE)

23. Principle #1 - Parent andStudent Participation • Parents have the right to participate in all special education planning and decision-making activities. • Students are the focus of special education and, as they grow older, students are expected to participate in planning for their own future as much as possible. • It is the obligation of the school district to make strong efforts, in multiple ways, to ensure parental and student participation.

24. Specific Participation Rights: Schools must make multiple efforts to facilitate parental attendance at Team meetings. If parents cannot attend, schools must seek parent input through other means. • Students at age 14, or younger if appropriate, are entitled to participate in all Team meetings. • Students at age 18 are adults under Federal law/regulations and assume all the rights formerly held by their parents for participation and decision-making.

25. Areas of Education where Parent and Student Participation are Guaranteed • Referral • Evaluation • Eligibility Determination • IEP Development • SAT-9/AIMS • Participation • Placement Decisions • Disciplinary Actions

26. Principle #2 - FAPE Free and Appropriate Public Education • Free = At no cost to the parent. • Appropriate = Services sufficient to enable the student to appropriately progress in education and advance toward achieving the IEP goals. • Public = Provided by the public school district or under the direction of the public school district. • Education = Preschool, elementary and secondary education, including extra-curricular and nonacademic school activities.

27. Principle #2 – FAPE (continued)What is the General Curriculum? • The same curriculum as students without disabilities receive (Reg. 300.347) • Including all State & Navajo Standards aligned with the School’s General Curriculum

28. Principle #3 - AppropriateEvaluation • Initial evaluation • 3 year re-evaluation • Individualized assessments • Non-discriminatory assessments • Includes a variety of tools and strategies, including information provided by the parent.

29. Right of parents to consent or refuse evaluation. Right to independent educational evaluation when parents disagree with the results of the evaluation done by the school district. Right to appeal a finding of “No Eligibility.” Some specific evaluation Rights: • Right to discuss both the proposed evaluations and evaluators prior • to the evaluation. • Right to an evaluation in the student’s native language or mode of • communication. • If appropriate, right to an evaluation of need for Braille • instruction.

30. Parental Rights In Special Education(Procedural Safeguards) • Parents have an important role in the evaluation process when a child is suspected of having an educational disability. • Parental consent initiates the process and the parent is included as a valuable member of the multidisciplinary team. • The special education process affords parents the opportunity to be very involved in the development of the child's educational programs beginning with evaluation and assessment, through identification and placement.

31. Parent Participation  As a parent, you are an important member of the IEP team. • You have the right to participate in all educational decisions involving your child; • By attending all meetings; • Evaluation • IEP • Placement

32. Right to Consent • You have the right to know that the school district must obtain your informed written consent before any evaluation is conducted or any placement is made in special education, even if a placement is being renewed. • Written consent is also required before identification of a child with an educational disability, changing the identification, or changing the nature or extent of special education and educationally related services for a child. • You may refuse to provide written consent. If the school feels that the education plan is in the best interest of the child, the school district may initiate Due Process procedures to carry out its recommendation.  

33. Written Prior Notice • You have the right to receive written notice in language understandable to you whenever the school district proposes to initiate or change the identification, evaluation, placement, or the provision of a free and appropriate public education. • The notice should explain the proposed action and any evaluation, tests, records, or reports used to support the action.  

34. Records • You have the right to examine all relevant records kept by the school district regarding identification (coding), evaluation, IEP, placement, and the provision of a free, appropriate, public education to your child.  

35. Educational Evaluations • You have the right to a full and individual evaluation of your child's educational needs. • By law, a re-evaluation must be conducted every three years. • You also have the right to request an independent educational evaluation of your student at the school district's expense if you disagree with the school district's evaluation. • However, the school district may begin Due Process proceedings to show that its evaluation is valid. • If the district evaluation is shown to be valid, you still have the right to an independent assessment but not necessarily at the school's expense. • The school district must inform you where and how an evaluation can be obtained and must consider the evaluation for any coding, placement decision, or hearing.

36. Independent EducationalEvaluation (IEE) • Anytime you are dissatisfied with the school’s evaluation. • The school is obligated to consider information from IEE.

37. Principle #4 - IndividualizedEducation Program (IEP) • Written information on the parent’s concerns and the student’s skills. • A written explanation of how the disability affects the student’s ability to learn and to demonstrate his or her learning. • An identification of specific, measurable goals which can be reached in a year’s time. • A listing of the services to be provided to the student.

38. Purpose of the IEP The IEP’s purpose is to outline: • What will be done to assist the student to make effective progress in the general curriculum and in the life of the school. • How the student will participate in state and local assessment. Arizona State Assessment (AIMS, SAT-9) • The goals the student is expected to reach by the end of the IEP period. • Recommendation or Option for ESY (Extended School Year)

39. Rights Associatedwith the IEP • Before the school can begin IEP services, the school must obtain the parent’s consent. • The parent has the right to accept or reject the proposed IEP in part or in full. • The completed IEP is signed by both the school district and the parent and serves as a contract between the school and the parent. • The parents can withdraw their consent at any time in relation to any service or program.

40. Principle #5Procedural Safeguards • Right to written notice • Right to consent/refuse • Right to “stay put” • Problem Resolution System • Mediation and Due Process • Timelines • Confidential records • Right to receive evaluations 2 days in advance of Team meeting, if requested

41. School Records • Parents have the rights to see and request copies of their child’s school records. If you disagree with items in the record you can ask if they can be changed or removed. • You have the rights to review and inspect and review education records under this section includes;

42. Access to Records • The right to a response from the school to reasonable requests for explanations and interpretations of the records. • Your right to have your representative inspect and review the records; and • Your right to request that the school provide copies of the records containing the information if failure to provide those copies would effectively prevent you from exercising your rights to inspect and review the records.

43. Confidentiality • Parental consent must be obtained before personally identifiable information is disclosed to anyone other than participating agencies collecting or using the information under IDEA requirements. • Schools will protect the confidentiality of student records.

44. Right to Appeal • You have the right to appeal any decision of the school regarding; • Identification • Evaluation • IEP's, • provision of FAPE • Placement of a disabled student • Due Process Hearing Procedures will be followed

45. Mediation Mediation helps resolve disagreements between schools and parents. • Mediation is a voluntary process mutually agreed to by the parent and the school. • Mediation is confidential and is available at no cost to either the parent or the school. • Mediation will not be used to deny or delay the right to a due process hearing, or any other rights afforded to children an parents. • The school or parent my request mediation at any time.

46. Complaint Procedures • Complaints can be made by any person or organizations to: Office of Indian Education Programs Center for School Improvement 500 Gold Ave. SW. 7th Floor P.O. Box 1088 Albuquerque, NM 87102-1088 Phone: (505) 248-7529 Fax: (505) 248-7545

47. Principle #6 - Least RestrictiveEnvironment (LRE) • In the public school building: the general education classroom, a resource room, or a substantially separate classroom. • Outside of the school building: a separate day school or a separate residential school. • For young children (aged 3-5): a home-based or center-based early childhood program

48. Least Restrictive Environment • You have the right to have your child educated with students who do not have disabilities to the maximum extent that is appropriate for your child. • You have the right to know that the school district provides a continuum of alternative educational environments for students with disabilities.  

49. Students have the right to receivespecial education services even whenthey are unable to attend school. Sometimes students are unable to attend school for non-educational reasons. Students may be: • In a hospital, • At home • Or in an institutional setting.

50. Resources • Teachers and other staff at the local schools • Office of Special Education, Western Navajo Agency PO Box 7074, Tuba City, Arizona (928)283-2218 • Bureau of Indian Affairs, Office of Indian Education Programs, Center for School Improvement, 500 Gold Av. SW room 7B, PO Box 1088, Albuquerque, NM 87102-1088 • Theresa Yanan, DNA-People’s Legal Services, Inc., Native American Protection & Advocacy Project, P.O. Box 392, Shiprock, NM. 87420 (505) 368-3216