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Know Your Rights and the Law So You Can Be the Best Advocate for Your Special Needs Child. Presented By: Sheryl Frishman, Esq. Why is the relationship between the Parent & the School District so adversarial?. 2. - PowerPoint PPT Presentation
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© 2012
Know Your Rights and the Law So You Can Be the Best Advocate for
Your Special Needs Child
Presented By:Sheryl Frishman, Esq.
© 2012 2
Why is the relationship between the Parent & the School District
so adversarial?
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“The Special Education Battlefield”
“The War to Get Services for Children: the Parents and the School Districts
are the Soldiers”
“Us Against Them”
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What are the Barriers to a Cooperative Relationship?
Parents AND district not understanding their legal obligations
Limited resources
“Turf Wars”
Coming to the table with preconceived or a predetermined program or services
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Understand that there is a mutual goal: the appropriate education of the child Shared responsibility in the education of the child Good Communication! BOTH parents and the school district need to understand their legal rights and obligations under the law
HOW DO YOU BUILD A MORE COOPERATIVE RELATIONSHIP?
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You may have a relationship with your school district for up to 21 years….
You do not want to start in an adversarial fashion or it will be a more difficult road.
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SPECIAL EDUCATION LAW 101
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IDEA - Individuals with Disabilities Education Act
Federal special education law (cited as 20 U.S.C §§1400-1487 and 34 C.F.R Part 300)
The purpose of IDEA is “to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.”
IDEA
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Ed. L. & NYCRR - Article 89 of the NY State Education Law & Part 200 of the commissioner of education’s regulations
New York’s special education laws. These laws fully take into account the Federal Law and also offer more State specific rules and regulations.
PART 200
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Two tier test:
(a) a child with an intellectual disability, hearing impairments, speech or language impairments, visual impairments, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments (includes ADD), or specific learning disabilities (includes dyslexia)
(b) who, by reason of the disability, needs special education and related services (emphasis added)
CHILD WITH A DISABILITY
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504 - Section 504 of the Rehabilitation Act of 1973 A civil rights law that: (a) protects individuals from
discrimination; and (b) entitles children with disabilities that limit a major life activity, such as learning, to a free appropriate public education designed to meet their individual educational needs as adequately as the needs of children without disabilities are met.
504 provides fewer protections than IDEA .
There is no requirement that a §504 Plan be written.
SECTION 504
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No Child Left Behind – reauthorized a number of federal programs aiming to improve the performance of U.S. primary & secondary schools
Schools must implement NCLB standards in order to receive certain federal funding
Main Components: Teacher Quality Student Testing Scientifically Based Research Public School Choice
NCLB
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DASA and Bullying
Research shows that students with disabilities are particularly vulnerable to harassment and bullying. Bullying can cause educational decline, anxiety, physical ailments and missed classes.
A new tool and mandate exists to prevent and address student bullying and harassment. The Dignity for All Students Act prohibits harassment and bullying based on disability and other characteristics.
To implement the law, each school must appoint a Dignity Act Coordinator. If your child is the victim of bullying, do not delay in reporting this.
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FAPE
Free Appropriate Public Education Special education and related services that are
(a) provided in an Individualized Education Program (IEP)
(b) designed to meet the unique needs of a child with a disability
(c) meet state standards (d) are provided at public expense
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Least Restrictive Environment To the maximum extent appropriate, children with
disabilities should be educated with children who are not disabled
Placement in special classes or removal from the regular education setting occurs only when the disability is so severe that satisfactory education cannot be achieved in regular classes with the use of supplementary supports
Special education setting must be as close as possible to the students local school.
LRE
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Early Intervention: Children age 0-3 Run through Department of Health Focus on development and family To be eligible child must have a 33% delay in one area or 25% delay
in two or more areas of development (cognitive, adaptive, communication, physical, social emotional)
Individual Family Service Plan For Early Intervention Only Based on child development needs and family needs, not school
needs
EI
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EI
IFSP
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Committee on Preschool Special Education
The CPSE determines whether a child is eligible for services from ages 3-5
Focus changes from whole child/family centered to child’s ability to succeed in school.
Classified as a “preschooler with a disability”
Services based on school calendar not necessarily eligible for summer services
Parents are dealing directly with the school district
CPSE
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Committee on Special Education Ages 5-21
Who is on the CSE/CPSE committee?
CSE
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• Comprised of the parents of the child, a regular education teacher of the child, a special education teacher of the child, a representative of the school district (CSE Chair), the child (when appropriate), the school psychologist (New York law) and a parent member.
• All members of the CSE must participate in meetings. However, the parents of the child can decline participation of the parent member.
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What? When? Who? Do You Understand? Ask Questions! Right to Independent Evaluations
EVALUATIONS!
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Individualized Education Program A written statement for a child with a disability that
describes special education programming and related services designed to meet the unique needs of the child.
The IEP must include:
a statement of the child’s present levels of academic achievement and functional progress
measurable annual goals that are designed to enable the child to make progress in the general education curriculum
a description of how the child’s progress will be measured
measurable post-secondary school goals
IEP
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Foundation or blue print for the student’s program
Too to measure success of the program and services
Tool for monitoring accountability
Clarifies resources to be committed
Provides consistency
Communication tool for teachers & parents to understand the unique needs of the child
Allows for mutual decision-making by parents and team members
Purpose of An IEP
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Make it specific Needs to be understood by anyone who reads it Make it a useful tool Needs to be objective Make it comprehensive, yet concise Needs to reflect the student’s strengths as well
as areas of disability
Guidelines for Writing an IEP
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Present Level of Performance
Statement of student’s present levels of performance in four areas: Academic, Social, Physical Development, and Management
How disability affects involvement in the general curriculum or, for preschool, how it affects participation in age appropriate activities
PLOP
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There should be at least one annual goal for each need identified
For students who qualify for the alternate assessment, short-term objectives or benchmarks to comprise each annual goal must also be developed
Goals must be meaningful and should be different yearly
GOALS
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Can include: Special classes Resource rooms Direct or indirect consultant teacher services Travel training Home instruction Special teachers including itinerant teachers
SPECIAL EDUCATION PROGRAM
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Developmental, corrective and other supportive services required to assist a student with a disability. This is in addition to the special education program. Can be done individually or in a group.
Examples of related services: speech & language pathology, audiology services, psychological services, physical therapy, counseling services, parent counseling and training, school health services, etc.
Related Services
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Supplementary aids and services and/or program modifications or supports are aids, services and other supports that are provided in general education classes or other education-related settings to enable students with disabilities to be educated with non-disabled peers in the LRE.
Program Modifications
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Any item, piece of equipment or product system, whether acquired commercially off the shelf, modified or customized, that is used to increase, maintain or improve the functional capabilities of a student with a disability
Should include training
Can student take it home?
Assistive Technology
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Transition
What are transition services?
Transition services refers to a coordinated set of activities for a child with a disability that focuses on “improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from post-school activities.
Post-secondary school activities include: post-secondary education, vocational education, integrated employment (including supported employment), continuing/adult education, adult services, independent living, or community participation.
IEP must include transition goals that are based on the student's needs, taking into account the student’s strengths, interests and preferences and should be person-centered.
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Transition (cont) Transition services include:
“instruction, related services, community experiences, development of employment and other post-school adult living objectives and, when appropriate, acquisition of daily living skills and functional vocational evaluation”
Transition process begins with the IEP year that the student turns fifteen but parents should be familiar with the transition process prior to that
Student should be included, where appropriate
Consider including local agencies in transition planning; local agencies can also provide services and training
Consider opportunities in the community
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SUMMER SERVICES?
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Regression?
Maintenance Only!
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NOW WHERE SHALL THESE SERVICES BE PROVIDED?
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DO NOT WAIT UNTIL THE MEETING TO DEVELOP
THE IEP & GOALS!
Review all evaluations and progress reports with team members
Develop goals collaboratively
Preparing for the CSE Meeting
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Create a vision statement (long-range) for your child Keep in mind educational outcomes necessary for the vision
to become a reality Create a list of your child’s strengths, interests and needs –
use evaluations and progress reports for this Come up with your own suggestions for the IEP – maybe a
parent report If possible, get draft goals to review prior to the meeting Fill out the sample IEP form found on the VESID website Prepare yourself mentally, organize your thoughts, and
create an agenda.
WHAT TO DO BEFORE THE MEETING
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The Parent
What Are Your Roles During the Meeting ?
If you do not feel comfortable with any of the above roles, then you may want to bring someone to the meeting with you!
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▪The Parent ▪The Listener
▪The Questioner ▪The Active Team Member
▪The Creative Thinker ▪The Advocate
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After the Meeting
Thank everyone for their time and effort
Ask to see a draft of the IEP before it is finalized
Write a letter confirming what occurred during the meeting
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A Checklist Are there clear statements about what my child can do
right now in various areas?
Do these statements of what my child can do agree with my own observations?
Is what my child is supposed to accomplish by the end of the year clearly stated?
Do I think these skills are important for my child to work on? Are the expectations reasonable?
Do You Understand Your Child’s IEP?
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© 2012
Do I understand how learning is going to be measured and how well my child must perform each task?
Have my ideas about what is important been considered in the development of the program?
Do I know the specific educational services that will be provided?
Do I know how much time my child will participate in the regular education program?
Checklist Continued…
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© 2012
Checklist Continued…
Do I know when the program will begin and how long it will last?
Are there things that I can do as a parent to help my child succeed in the program?
How often will progress be reported to me?
Are there opportunities throughout the year for the team (including the parent) to meet?
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© 2012
WHAT HAPPENS IF YOU DON’T AGREE?
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NOYES
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THE IMPARTIAL HEARING
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The Hearing
State Review
Appeal to Court
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Pendency / “Stay Put”
During a due process hearing and appeals, the child must remain (“stay put”) in the current educational placement as per the last agreed upon IEP
There are some exceptions to this
STAY PUT
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Mediation
New York State Education Department Complaint
Is There Any Other Way Rather Than the Hearing?
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Private Insurance OPWDD Medicaid Waiver
Outside of the School District, Is There Anywhere Else I Can Get Services for My Child?
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http://www.p12.nysed.gov/specialed
Office of Special Education of the New York State Dept of Education
The best resource out there!
OSE
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© 2012
QUESTIONS?
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© 2012
Sheryl R. Frishman, Esq.(914) 898 - 2106
Special Education Advocacy from Birth through Age 22Advocacy for School Accommodations & Modifications
Transition Planning & AdvocacySchool Discipline Matters
Estate Planning, Supplemental Needs Trusts and Guardianships
399 Knollwood Rd ▪ White Plains, NY 10603 ▪ P 914.684.2100 ▪ F 914.684.98
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© 2012
This Handout/Presentation may not be reproduced without the express prior permission of Sheryl R. Frishman, Esq.
Nothing in this handout should be construed as legal advice.
Please consult with your own attorney before relying on the information contained herein
Disclaimer
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