Making Special Education Work

Making Special Education Work

Presented by

Office of the Education OmbudsmanGovernor’s Office – State of Washington

Making Special Education

WorkBy

Stacy GillettEducation Ombudsman

Office of the Education OmbudsmanGovernor’s Office.

The Office of the Education Ombudsman (OEO) is an agency within the Governor’s Office created in 2006 by the Washington State Legislature. It is not part of

the public education system.

What is The Office of the

Education Ombudsman?

Call us toll free! 1-866-297-2597, Visit us at: www.waparentslearn.org

What is an Education Ombudsman?

Call us toll free! 1-866-297-2597, Visit us at: www.waparentslearn.org

•They have extensive knowledge of education laws, policies, conflict resolution techniques, family involvement, teaching/learning and are culturally competent.

•They are neutral, third parties who bring families and school officials together to resolve a problem in the best interest of the student.

•Education Ombudsmen are trained mediators and problem- solvers.

•They advocate for fair and equitable education processes for students.

•They help families navigate the public education system.

OEO Services

•Conflict Resolution

•Public Information

•Publications and Website

•Promote Family Involvement

•Systematic Change

We believe parents should be involved as advocates in public education. Parent must be recognized as partners, and they need knowledge to

access the public education system.

Who should call OEO?Who should call OEO?•Any parent/legal guardian or student who is experiencing a problem or conflict with a public school or school district.

•Anyone who has questions about public education, family involvement, how to communicate better with schools, etc.

Education Ombudsmen have access to a phone language line

and can get immediate translation for over 100

languages.

Call toll-free: 1-866-297-2597

Website: www.waparentslearn.org

Issues 2011-2012 School Year

The 5 most common issues affecting students Education Ombudsmen worked with were:

• Special Education/Disabilities Related Issues• Customer Service/Family Involvement • Discipline/Suspension• Bullying/Harassment• Enrollment

Call us toll free! 1-866-297-2597 Visit us at: www.waparentslearn.org

Where did Special Education Come From?

“Washington State institutions shall be free to residents age 6-21 years who are feeble-minded, idiotic, or epileptic or who are physically defective, and free of loathsome and contagious diseases….

…to such an extent that by reason of defective intellect are unfitted for companionship with other children and rendered unable to acquire an education or training in the common schools….

…may be segregated and admitted pursuant to the rules of the Department…..”

RCW 72.28.020, chapter 173

• Increase personal control in decisions• Live and participate in own communities

• Recognize families are most important and permanent unit of lifelong assistance

• Assure access to high quality education, health and social supports

National Goals for Self Determination

Significant Federal Statutes

•Developmental Disabilities Act

•Individuals with Disabilities Education Act (IDEA)

•Section 504 of the Rehabilitation Act of 1973

•Americans with Disabilities Act

Relationship between Civil Rights Law and the IDEA

•Zero Reject•Comprehensive Evaluation•Individualized Education•Free Appropriate Public Education•Least Restrictive Environment•Parent Participation

Fundamental Principles of IDEA

•Not just a label

•Educational Impact of the Disability

•Interpretation of scores

•Expert

•Comprehensive

Evaluation

Federal and State EligibilityDefinitions

• Intellectual disability• Hearing impairment (including deafness)• Speech or language impairment• Visual impairment (including blindness)• Emotional behavioral disability• Orthopedic impairment• Autism• Traumatic brain injury• Other health impairment• Specific learning disability• Deaf-blindness• Multiple disabilities• Developmental delay (for students 3-8 years of age)

Part 2 Eligibility

• “……and who, because of the disability and adverse educational impact, has unique needs that cannot be addressed exclusively through education in general education classes with or without individual accommodations, and needs special education and related services.

Evaluation Must Address

• Academic, developmental and functional

needs of the child

• ANY BEHAVIOR that impedes the child’s learning or that of others

•Second Opinion

•By a professional outside the school system

•Paid for at public expense

Independent Evaluation(IEE)

How are Outside Reports Used in IEP Meetings?

•Strengths of the Child•Concerns of the Parent•Results of Evaluation (Current Level of Performance)•Academic, developmental and functional needs of the child•ANY BEHAVIOR that impedes the child’s learning or that of others•Strategies to address behavior, including POSITIVE behavioral interventions, strategies and supports•Limited English proficiency•Braille•Language and Modes of Communication•Assistive Technology DEVICES and SERVICES•Goals (and Objectives)•Evaluative Criteria

Individualized Education Plan(IEP)

What is Special Education?• Specially designed instruction means adapting, as

appropriate to the needs of an eligible student, the content, methodology, or delivery of instruction:

(i) To address the unique needs of the student that result from the student's disability; and

(ii) To ensure access of the student to the general curriculum, so that the student can meet the educational standards within the jurisdiction of the public agency that apply to all students.

Special Education Includes

(a) The provision of speech-language pathology, occupational therapy, audiology, and physical therapy service

(b) Travel training

(c) Vocational education.

Physical Education (i) Physical and motor fitness;

(ii) Fundamental motor skills and patterns; and

(iii) Skills in aquatics, dance, and individual and group games and sports including intramural and lifetime sports; and

(iv) Includes special physical education, adapted physical education, movement education, and motor development

Individualized Education Plans(IEP)

•Statement of the specific educational services to be provided

•Extent to which the child will participate in regular educational programs

•Transition Plan for students age 16 or younger if appropriate

IEP TEAM

• Responsible for developing, reviewing and revising the IEP

• Hold all decision making power• Must include:• Administrator• Parent• General Education Teacher• Special Education Teacher• Others knowledgeable about the evaluation of the child

•Development, review and revision of the IEP

•Appropriate positive behavioral strategies and interventions

•Supplementary Aids and Services, Program Modifications and Supports for School Personnel

Role of the Regular Educator

Parent Participation

A school district must ENSURE that one or both of the parents of a student eligible for special education are present at each IEP team meeting or are afforded the opportunity to participate as a person knowledgeable about the child during evaluation, to determine a child’s needs, in deciding services, and determining placement. •Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and

• Scheduling the meeting at a mutually agreed on time and place indicating the purpose, time, and location of the meeting and who will be in attendance.

•Informing parents about the participation of other individuals on the IEP team who have knowledge or special expertise about the student.

•Included in the development of a transition plan.

• If neither parent can attend an IEP team meeting, the school district must use other methods to ensure parent participation, including video or telephone conference calls.

• A meeting may be conducted without a parent in attendance if the school district is unable to convince the parents that they should attend. In this case, the public agency must keep a record of its attempts to arrange a mutually agreed on time and place.

• The school district must take whatever action is necessary to ensure

that the parent understands the proceedings of the IEP team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.

• The school district must give the parent a copy of the student's IEP at no cost to the parent.

• Parents must be included in the evaluation process and allowed to contribute to an evaluation

Parent Participation

Making Decisions(Or how do I know when

we disagree?)

•LRE – isn’t this a “continuum”??

•School districts place in conflict access to the general education setting and an appropriate education

•504 modifications can be in the IEP and both general and special education settings must be addressed as part of the IEP

•Behavior that interferes with learning

•Placement in a school as close to the child’s home as possible or in the school the child would attend if not a child with a disability

Least Restrictive Environment

•Citizen’s Complaint – OSPI

•Office of Civil Rights Complaint

Administrative Complaints

(free)

Mediation Services

• Sound Options Mediation

• Governor’s Office of the Education Ombudsman

Consent for some services

Part 300.300 (d)(3) “A public agency may not use a parent’s refusal to consent to one service or activity under paragraphs (a)(b) (c) or (d)

(2) of this section to deny the parent or child any other service, benefit or activity of the public agency, except as

required under this part.

Revocation of Parent Consent

• Any one parent can revoke consent for special education services once initial services have begun.

• There is no due process provision for two parents who are in dispute about provision of services.

• All services will be terminated and notice must be sent to both parents. Parents cannot revoke consent for some services and keep others.

• There are implications for eligibility under Section 504 if IDEA services are revoked.