AAC LLC copywrite 20081 ADVOCACY 101 Autism Advocates & Consultants LLC “Helping to change the way our children obtain and receive special education services”

AAC LLC copywrite 2008 1

ADVOCACY 101

Autism Advocates & Consultants LLC

“Helping to change the way our children obtain and receive special education services”

330-265-7931


Definition

• The act of pleading for, supporting, or recommending >dictionarydictionary

• Lay Advocate—non attorneyLay Advocate—non attorney


Step 1

• Know the child’s disabilities and the impact/adversely/significantly impacts education= social, emotional, behavior, functional and academically

IEP-Individual Education “Program” not plan

504-”Usually” for accommodations that do not need to be taught—direct instruction or special designed instruction


Step 2

• Learn how to read and understand the Federal Regulations, Federal Statues and U.S.C.

• CFR means Code of Federal Regulations • 34 CFR is special education• Know whom the people are at local, state and

national level that have a specialty or expertise on what you are wanting to know.

• It is all about who to ask, what to ask and how to ask (needs vs wants) (required vs guidance)


IDEA History

• The Individuals with Disabilities Education Act (IDEA) was first signed into law in the 1970’s.

• States receive federal funding to assist students with disabilities

• Requires states to provide a free appropriate public education (FAPE) in the least restrictive environment to children with disabilities

• Requires individualized education since the methods and goals in regular education often are not appropriate for children with disabilities…IEP/SP


Some Relevant Federal Statutes

• Individuals with Disabilities Education Improvement Act (IDEIA), 20 U.S.C. § 1400 et. seq.

• No Child Left Behind Act (NCLB), 20 U.S.C. § 6301 et. seq.

• Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. § 794, et. seq.

• Americans with Disabilities Act (ADA)• The Family Educational and Rights and Privacy

Act (FERPA), 20 U.S.C. § 1232 et. seq.• 34 CFR 300, et. seq.


SECTION 504

• Section 504 of the Rehabilitation Act of 1973 (Section 504), as amended, 29 U.S.C. § 794 and implementing regulation, 34 C.F.R. Part 104

• Prohibits discrimination on basis of disability in any program or activity receiving federal financial assistance from the Department of Education


…..504

• Can not discriminate between other disabilities ……..ex: Kim has cancer and misses a lot of school (medically excused, she receives home instruction) however, Mike has severe clinical depression with general anxiety disorder (medically excused as well), but school district determines he is truant and provides no home instruction and he flunks the 9th grade.


Step 3

Ohio • Operating Standard/ Guidelines –gifted and

disability –Twice Exceptional• Ohio Revised Codes• Ohio Administrative Code• Whose Idea is This• WEP—Written Education Plan for gifted• Annotation & Guidance Document All of this is available on line and printable either through ODE

www.ode.state.oh.us or www.edresourcesohio.org


Step 4

a) IAT—intervention assistant team

b) MFE—multifactor evaluation

c) ETR—evaluation team report

d) IEP—individual education program

e) SP—service plan

f) LRE- least restricted environment

g) Procedural Safe Guards


a) IAT

• The Intervention Assistance Team is an interdisciplinary team consisting of teachers, support personnel and an administrator. IAT is accessible on two levels.

• The first level IAT consists of the students’ teacher, other grade level team members, and school support staff, as needed. The purpose of First Level IAT is to develop appropriate interventions for students being referred to the committee. Specific pre-IAT steps have been put into place and must be followed before a student’s name may be submitted to the IAT committee.

• Second level IAT consists of the parent, referring teacher and support staff. The purpose of the Second Level IAT is to provide additional assistance and support to First Level IAT, to oversee policies and procedures for IAT, as well as to evaluate the effectiveness and efficiency of the process.


1. Pre - IAT Procedures:• Identify strengths and weaknesses of student

based on classroom based assessments– DIBELS, DSA, Running Record, AIMSweb,

SATT• Review Permanent file &/or Confidential file• Document at least two strategies or interventions

implemented• Collect work samples documenting specific

areas of concern• Network with teachers, tutors, family liaisons,

etc. who also interact with student• Contact parent concerning identified

weaknesses & ongoing interventions


2. IAT Level 1• Present completed IAT Request Form to principal or designee • IAT Level 1 staffing scheduled (may include teacher, family liaison,

Title I teacher)• IAT Level 1 committee members will brainstorm additional

interventions, using research-based strategies (resources available in each building)

• Referring teacher will identify interventions suggested that will be implemented to help the student

• Referring teacher will implement interventions for a minimum of three weeks

• IAT Level 1 committee members will schedule follow-up to review progress

• Contact parent concerning identified weaknesses & ongoing interventions

• If student is not experiencing success, IAT Level 1 may:– Add additional support to student/ intervention plan– Choose and implement additional/ alternative intervention plan– Refer student to IAT Level 2


3. IAT Level 2• IAT Level 2 meeting scheduled (to include parent,

teacher, administrator, psychologist, intervention specialist)

• Review IAT Request Form and IAT Level 1 interventions & outcomes to determine which of the following courses of action to recommend for student:– Develop & implement additional intervention

strategies– Refer student for multifactored evaluation

• Other ______________________________________

Documentation MUST be provided to team of any and all interventions/programs, that where observed and measured


b) MFE

• Ask your school to evaluate your child: informed consent> in writing

• Discuss what type of evaluation is necessary: full battery/all areas of suspected disabilites

• Provide your consent to evaluation and know the time-lines:30/60/90 for initial,

triennial vs yearly ( per parent request)• Know the forms and procedures (PR01 etc.)…all

on one from now…PR06 next slide….


c) ETR

• 5 sections –new form. Preschool vs school age PR06

• Educational Disability is determined• 12 categories of disability• Parent consent—informed consent. What

this means……..Learn who to interpret results, subtest

scatter and full/extended battery. Also all tests/assessments for your child (sensory)


d) IEP

• 15 steps in new IEP format

• Know how to write mos-measureable, observable and specific goals as well as ABCD or SMART short term objectives or benchmarks

• Know all the rule and assessments for transition including the areas


• Meeting of the IEP team to plan the education program and services for children who qualify for special education

• IEP team must review and revise IEP at least annually

• Sets individualized goals for academic achievement, life skills, behavior, social interaction, vocational, and other education-related areas (emotional)

• Serves children until year of 22nd birthday unless graduates with regular diploma before then: may participate in social graduation


• Present levels of performance• Measurable annual goals and objectives• Description of how progress toward goals will be

measured• Special Education, related services,

supplementary aids and services as well as modification or supports for school personnel

• Explanation of extent and reasons child is not participating in the regular class

• Appropriate accommodations for statewide testing

• Timelines-when service begins, frequency, location, duration

• Transition services (by age 14)


• Regular education teacher• Special education teacher• Representative of the Local Education Agency

(LEA)• The parents/legal guardian or surrogate parent• Person to interpret evaluations (if being

considered by the team)-SLP,OT, School Psych• Others with knowledge or

expertise—Autism/Behavior Consultant, Parent Mentor, Advocate

• Child, if appropriate

Must have the main 4, unless parent excuses them


e) Service Plan

• Has new form—separate from the old form

• Uses Auxiliary Funds

• Private/Parochial Schools

• Does not provide FAPE—free appropriate education

Student may need to attend public school of residence to receive FAPE


f) LRE

• Least restrictive environment means “Regular class” not just regular environment

• LRE involves interaction with typical peers and the regular curriculum to the maximum extent appropriate

• Meaningful LRERemoval from Regular Ed Classroom• Only in severe circumstances• Only when use of aids and services in the

regular classroom is not sufficient to allow the child to receive educational benefit


g) Procedural Safeguards

• District must provide Prior written Notice (PR01) when there is a disagreement with parent on several issues, one being to provide a specific related service or amount.

• Administrative Review

• Case Conference

• Written Complaint


• Mediation—can happen without filing a complaint

• Facilitated IEP

• Due Process –specific timelines, attorneys involved (expensive)

All of this available on Whose Idea is This, new one Sept 2009

MUI-major unusual incidents MRDD


Resources

• www.ode.state.oh.us

• www.olrs.gov

• www.wrightslaw.com

• www.ocecd.org

• www.ed.gov

• www.autismohio.org

• www.nami.org

http://www.ode.state.oh.us/

http://www.olrs.gov/

http://www.wrightslaw.com/

http://www.ocecd.org/

http://www.ed.gov/

http://www.autismohio.org/

http://www.nami.org/


Other Presentations from Autism Advocates & Consultants LLC

• Autism 101• Behavior 101• Advocacy 101• Top 10 Frequently Asked Questions• IEP 101• How to write measurable goals, short-term objectives and benchmarks• Related Services• How to write a complaint• How to Obtain Related Services• Autism & IEP• Collaborative Communication• ESY and Compensatory Ed• Intro to Special Education• Transition at 14yrs old• It's All About Wording• Home, School & Community> You Are Your Child's Advocate

Documents

AAC LLC copywrite 20081 ADVOCACY 101 Autism Advocates & Consultants LLC “Helping to change the way our children obtain and receive special education services”