SPECIAL EDUCATION: What You Need to Know The Training Institute on Disability Rights

RESO U RC E D EVELO PM EN T

SPECIAL EDUCATION:What You Need to Know

The Training Institute on Disability Rights

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Special Education: What You Need to Know


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What does Equip for Equality (EFE) Do?

Offers People with Disabilities and their families:

Information

Support

Resources

Legal services

Trainings

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Contact EFE

Toll-free telephone and TTY numbers

Fax numbers

Email

Last Resort: Visit

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Equip for Equality Can Help

Information & Referral

Review of Case

Technical Assistance

Legal Representation

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Questions About Equip For Equality?

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Special Education: Who Needs It?

Does your child have difficulty in school?

Does your child need tools or services to understand materials or teachers in school?

Does your children need help to get into the school or use school equipment?

Does the school staff understand your child’s needs?

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Special Education Law: IDEA

IDEA = Individuals with Disabilities Education Act

Free

Appropriate

Public Education

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What’s the First Step?

REFERRAL A written request to the school district asking

for a child’s evaluation for special education services

A parent or other family member, a guardian, a teacher, or any school official can request a referral

A referral starts the Case Study Evaluation (CSE), which must be done within 60 days.

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Case Study Evaluation (CSE)

A CSE means many different kinds of tests and evaluations.

Parent’s or guardian’s consent is needed. CSE must not have bias against race or culture. The tests and evaluations must be done in the

child’s language or way of communication. Once the CSE is done, parents and teachers

meet for a multi-disciplinary conference (MDC).

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Multi-Disciplinary Conference

A meeting with all teachers, therapists, evaluators, and parents

Review of tests and evaluation to decide if a child needs any special education services

If parents do not agree, they can ask for an independent evaluation at no cost

A MDC happens for each child once every three years.

A CSE (evaluation) is also done every three years but a parent can request it be done more often

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What about 504?

504 = Rehabilitation Act of 1973 Separate law Even if a child does not need special education

assistance, 504 makes sure that a child with a disability gets access to an education

Makes sure a child has access to a school building

Buses, ramps, elevators, braille materials, etc.

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Individualized Education Program (IEP)

Once it is decided that a child needs special education, an IEP must be written.

IEP = a written document with goals and services for the child

Teachers, therapists, and parents meet during the IEP meeting to decide those goals and services.

IEP meetings happen at least once a year, to make any changes needed to ensure child is doing well

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What’s in an IEP?

Present Levels of Performance Goals & Objectives/Benchmarks Progress Reports Special Education Services Related Services

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What Happens Next?

CSE is done and your child needs special education services.

MDC and/or IEP is done: the education plan for your child is complete.

What’s next? The education itself! The educational goals and objectives must be

completed within the school year Ask for someone on staff to be the contact

person and monitor

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What If You Don’t Agree with the IEP?

Try to talk to the teachers and staff Get an Independent Evaluation Consult an attorney or legal aid organization

such as Equip for Equality Due Process Hearing Mediation

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Due Process Hearing

Like a trial Instead of a judge, you have a hearing officer Parents on one side, school on the other side Often have lawyers helping both sides, but

lawyers are not required Both sides try to convince the hearing officer that

they are right about the child’s education The hearing officer makes a decision that both

sides must follow, but either can appeal to a court

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Mediation

A meeting between parents and school district Try to resolve problems without a hearing Mediator (impartial person) helps both sides try

to resolve the problems’ Voluntary (optional) & Confidential Can still go to due process hearing if mediation

fails

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What about Discipline?

A big problem for children with behavior or other types of disabilities are the discipline provisions

A child may be removed for no more than 10 days for a disciplinary violation

Manifest Determination Review – IEP team reviews whether disciplinary violation is related to disability

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NOTICE!

Parents are entitled to NOTICE on almost

everything! Referral & CSE MDC & IEP Discipline & Manifest Determination Review

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Transition Services

Age 14: start transition services Set up a plan for child to transition from school

to work Might mean going to a specific high school or

program to prepare Might mean a work experience program

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5 Most Important Self-Advocacy Tips

1. Know Your Rights

2. Be Aware of What Your Child Needs

3. Bring a Supporter: Friend or Lawyer

4. Keep a Record of What Happens

5. Use Resources For Help

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Questions????

Documents

SPECIAL EDUCATION: What You Need to Know The Training Institute on Disability Rights