Parent Advocacy Training
(PAT)(PAT)
Online module will be available in August 2010 at AGBell.org
Parent Advocacy Training
• Revamped with funding from Oticonbecause hh/d children who use spoken language are often not provided with appropriate accommodationsappropriate accommodations
• Purpose: Helping parents become stronger advocates for their children living with hearing loss as they work with local school districts and service providers
Alexander Graham Bell
Association of Deaf and Hard of Hearing 3
Parent Advocacy Training (PAT)
Special thanks to AG Bell, Oticon, Bruce Goldstein, Sarah Seaburg, and Lisa Kovacs
Alexander Graham Bell
Association of Deaf and Hard of Hearing 4
My contact info is: [email protected]
Naomi Horton, MS, CCC-SLP
Executive Director for Hear Indiana
Legal Framework
IDEA- Individuals with Disabilities Education Act
• Education Law
• IFSP- Individualized Family Service Plan (ages 0-35 mos.)
ADA- American’s with Disabilities Act
• Discrimination Law
• Disability without mitigation (or without amplification) must (ages 0-35 mos.)
• IEP- Individualized Education Plan (ages 3-21 yrs.)
• Disability must impact learning
• Parents play a critical role
amplification) must impact access
• Section 504 of the Rehabilitation Act
• 504 Plan – the document is more vague and ambiguous than an IEP
Alexander Graham Bell
Association of Deaf and Hard of Hearing 5
IDEA and the IEP Process
• IDEA is a federal law
• Provides for a Free Appropriate Public
Alexander Graham Bell
Association of Deaf and Hard of Hearing6
Appropriate Public Education (FAPE)
• Parents play a key role
Focusing on IDEA
• Part C Services (0-35 mos.) Our Early Intervention System is called First Steps. It is governed by Article 3.1. In Indiana, Part C is administered by the Family and Social Services Administration (FSSA).Administration (FSSA).
• Part B Services (age 3 – 21yrs.) Our local school districts receive ~$8,300 per child with and IEP for hearing loss. In IN, Part B is administered by the Dept. of Education under
Article 7.
Alexander Graham Bell
Association of Deaf and Hard of Hearing 7
IFSP
• Children in Indiana are eligible as soon as the hearing loss has been confirmed
• Eligible due to sensory impairment placing them at high probability of delay (doctor’s signature and audiologist’s report required.)and audiologist’s report required.)
• Based on the parent driven Outcomes, the Eligibility Determination (ED) Team determines need (duration and frequency) of services
• Services must be provided in a “natural environment”- of which there are many.
• Services are developmental not medical.Alexander Graham Bell
Association of Deaf and Hard of Hearing 8
First Steps Timelines
• Within 45 days of referral, a child must be evaluated and the IFSP meeting must be held.
• An individual provider should begin services within 30 days of IFSP date.
• Review of IFSP every 6 months or whenever • Review of IFSP every 6 months or whenever you request a review
• Annual re-evaluation in child’s “native language” and child’s “mode of communication”
• Written notice of meeting at least 10 days prior
• Transition conference with school personnel held 90 days- 9 mos. before 3rd birthday
Alexander Graham Bell
Association of Deaf and Hard of Hearing 9
Focusing on Part B of IDEAFocusing on Part B of IDEA
The IEP Process
Steps to Create an IEP
1. Identification of the child
2. Evaluation of the child
Alexander Graham Bell
Association of Deaf and Hard of Hearing11
3. Developing the plan (IEP)
4. Implementing and evaluating the plan (IEP)
Identification of the Child
�Schools must identify each child
�Parents can have some control by taking the first step
Alexander Graham Bell
Association of Deaf and Hard of Hearing12
the first step
�� Make a request in writingMake a request in writing
�� List every issueList every issue
�� Read literature and talk with service Read literature and talk with service providers to determine possible delays or providers to determine possible delays or problemsproblems
Evaluation of the Child
The evaluation must assist in determining:
�� Whether the child has a disability Whether the child has a disability
Alexander Graham Bell
Association of Deaf and Hard of Hearing13
�� Whether the child has a disability Whether the child has a disability
��Eligibility/educational impact and deficitsEligibility/educational impact and deficits
�� All potential problemsAll potential problems
�� The educational needs of the child The educational needs of the child
Evaluation of the Child
• Initial Evaluation
–– 60 days to complete60 days to complete
–– Screening is not EvaluationScreening is not Evaluation
–– Evaluation copies must be share with Evaluation copies must be share with –– Evaluation copies must be share with Evaluation copies must be share with parentsparents
•• Entitled to a copy of the reportEntitled to a copy of the report
•• Request it in advance of IEP Meeting (aka Request it in advance of IEP Meeting (aka Case Conference)Case Conference)
•• Always put your requests in writing.Always put your requests in writing.
Alexander Graham Bell
Association of Deaf and Hard of Hearing 14
Re-evaluation Time Frames
• Maximum of once per year
• Minimum of every three years
–– District must notify the parent in writing District must notify the parent in writing if they choose not to do new testingif they choose not to do new testingif they choose not to do new testingif they choose not to do new testing
–– Parents have the right to require that new Parents have the right to require that new testing be donetesting be done
–– District can more forward with reDistrict can more forward with re--evaleval if if parent ignores requests repeatedlyparent ignores requests repeatedly
Alexander Graham Bell
Association of Deaf and Hard of Hearing 15
Evaluation Continued
• Re-evaluations
–– The School District must consider The School District must consider parents’ concerns (1 parents’ concerns (1 evaleval per year is per year is typical)typical)
–– You have the right to request additional You have the right to request additional –– You have the right to request additional You have the right to request additional testingtesting
–– School has the right to request a reSchool has the right to request a re--evalevalbut they must obtain parental consentbut they must obtain parental consent
–– Either party has the right to pursue a Either party has the right to pursue a hearing if both do not agree on need for hearing if both do not agree on need for rere--evaleval
Alexander Graham Bell
Association of Deaf and Hard of Hearing 16
Requirements for the Evaluation
• Tests may not be discriminatory
• Must be child’s native language
• Variety of assessment tools must be used
Alexander Graham Bell
Association of Deaf and Hard of Hearing17
• Variety of assessment tools must be used
• May (and should) include information from parents
• Tests should be given by personnel who are properly trained
Requirements for the Evaluation
• Test for educational need, not intelligence
• Reflect needs based on disability and other educational needs
Alexander Graham Bell
Association of Deaf and Hard of Hearing18
• No single evaluation factor, e.g. grades
• Technically sound instruments
Independent Education Evaluation (IEE)
• You can request the school district to pay for additional testing by independent professional
• The IEP team must consider the request
• The school can select the evaluator• The school can select the evaluator
• When an IEE demonstrates additional significant info the school should be responsible for the fee, but…
• You or the school district can initiate a hearing to dispute who pays the fee
Alexander Graham Bell
Association of Deaf and Hard of Hearing 19
Options if the team says “NO” to IEE
Pay fee for IEE yourself
• Send the evaluation with the bill.
–– School district can pay School district can pay the bill or take you to a the bill or take you to a
Or Go to a Hearing over fees before or after the
IEE
• Judge will determine if the bill or take you to a the bill or take you to a hearinghearing
–– If the evaluation offers If the evaluation offers significant additional significant additional info, school will have to info, school will have to paypay
–– If you get the evaluation If you get the evaluation done first then you can done first then you can decide whether or not to decide whether or not to share it with schoolshare it with school
• Judge will determine if the evaluation done by the district was appropriate
–– If deemed inappropriate, If deemed inappropriate, then the school will have then the school will have to pay for the to pay for the independent evaluation.independent evaluation.
Alexander Graham Bell
Association of Deaf and Hard of Hearing 20
Developing the IEP
• The Team includes the parents and the school district representative(s)
• must be considered by the team:
Alexander Graham Bell
Association of Deaf and Hard of Hearing21
• must be considered by the team:
�� Strengths of the childStrengths of the child
�� Concerns of the parentsConcerns of the parents
�� Evaluation resultsEvaluation results
�� Child’s academic, developmental, & functional Child’s academic, developmental, & functional needsneeds
The IEP Team Consists of…
• Parents
• Regular Ed. Teacher and Special Ed. Teacher
• Local Education Agency (LEA) Rep-
–– egeg. The person who oversees Special Ed . The person who oversees Special Ed –– egeg. The person who oversees Special Ed . The person who oversees Special Ed in Districtin District
• Someone to review evaluation results
• One person may fill more than one role
• Anyone else the parent or LEA would like to invite (e.g., LSLS Cert AVT or AVEd)
Alexander Graham Bell
Association of Deaf and Hard of Hearing 22
GETTING READY FOR THE IEP
• You need to know for what you are asking and back it up in writing
• Do what you can to understand the district’s point of view
• www.wrightslaw.com Created by a parent & has lots of • www.wrightslaw.com Created by a parent & has lots of free legal information regarding special education.
• www.nasdse.org – Deaf Education Initiative webpage you can order a guide called, “Meeting the Needs of Students who are deaf/hh” for $25.
• More at HearIndiana.org/advocacy
Alexander Graham Bell
Association of Deaf and Hard of Hearing 23
During the Meeting: Ask Questions
• “Please show me in the law where that is stated.” (without sarcasm)
• “Please tell me how services are individualized for my child?”individualized for my child?”
• “I think what I heard was … did I hear you right?”
• “Can you help me understand how that approach will work in practice?”
Alexander Graham Bell
Association of Deaf and Hard of Hearing 24
IEP Team AttendanceNew Provisions
� Attendance not necessary
� Excusal
� Written Agreement & Consent Required
Alexander Graham Bell
Association of Deaf and Hard of Hearing25
� Written Agreement & Consent Required
� Incorporate Changes by amendment
� Part C Invitation to attend IEP Initial Meeting
Special Factors for D/HH
� Child’s language and communication needs
� Opportunities for direct communication
�� With peer and professionals in the child’s language and With peer and professionals in the child’s language and communication modecommunication mode
Alexander Graham Bell
Association of Deaf and Hard of Hearing26
� Full range of needs and Academic Level
�� Direct instruction in communication mode of childDirect instruction in communication mode of child
� Assistive technology devices and services
� Acoustical modifications
Preferred Mode of Communication
• The LEA must consider the child’s preferred mode of communication (e.g., oral only, TC, ASL only).
• Note: The educational placement is not • Note: The educational placement is not about arguing educational methodology (which can be decided by a school)
Alexander Graham Bell
Association of Deaf and Hard of Hearing 27
Other Considerations
Related services, e.g.
–– AudiologyAudiology
•• Hearing test is Hearing test is coveredcovered
•• Excludes a medical Excludes a medical
–– Physical & Occupational Physical & Occupational TherapyTherapy
–– Psychological servicePsychological service
–– Rehabilitation Rehabilitation counselingcounseling
–– Parent counseling & Parent counseling & trainingtraining
Alexander Graham Bell
Association of Deaf and Hard of Hearing28
device surgically device surgically implantedimplanted
–– Auditory training Auditory training and Rehabilitationand Rehabilitation
–– SpeechSpeech--Language Language PathologyPathology
trainingtraining
–– Medical & school health Medical & school health servicesservices
–– Interpreting Interpreting ServicesServices
–– TransportationTransportation
–– Recreation Recreation
Audiology Services on IEP
• Identification of children with hearing loss;
• Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing;hearing;
• Provision of habilitative activities, such as language habilitation, auditory training, speech reading, AVT, hearing evaluation, and speech conservation;
Alexander Graham Bell
Association of Deaf and Hard of Hearing 29
Audiology Continued
• Creation and administration of programs for prevention
• Counseling and guidance of children, parents, and teachers regarding hearing parents, and teachers regarding hearing loss; and
• Determination of children’s needs for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification.
Alexander Graham Bell
Association of Deaf and Hard of Hearing 30
Transition Services
• A coordinated set of activities for a child with a disability
–– Takes into account child’s interestsTakes into account child’s interests
• Designed to be within results oriented • Designed to be within results oriented process
–– Ask who is measuring the results?Ask who is measuring the results?
• Focused on improving the academic and functional achievement
Alexander Graham Bell
Association of Deaf and Hard of Hearing 31
Transition Continued
• Used to facilitate movement from school to post-school activities including
–– PostPost--secondary education, vocational secondary education, vocational education, employment, continuing education, employment, continuing education, employment, continuing education, employment, continuing education, adult services, independent education, adult services, independent living, community participation, and living, community participation, and special education if appropriatespecial education if appropriate
• Includes:
–– Related servicesRelated services
Alexander Graham Bell
Association of Deaf and Hard of Hearing 32
Program Requirements
• Present levels of academic achievement functional performance
• Special education and related services
• When child will not be with non-disabled peers
Alexander Graham Bell
Association of Deaf and Hard of Hearing33
performance
• Measurable annual
goals
• State and District wide assessment accommodations
Program Requirements
• Timing to implement special education
• How the child’s progress will be assessed
• Testing modifications
• Extra curricular activities
Alexander Graham Bell
Association of Deaf and Hard of Hearing34
• Extra curricular activities
• Children who transfer school districts
• Extended school year
Extended School Year 12 months of services
• If child shows regression during school breaks
–– Measure skills before/after Winter or Measure skills before/after Winter or Summer, Spring BreaksSummer, Spring Breaks
• If the child is at a “critical point” of instruction
• See ESY handout for more info
Alexander Graham Bell
Association of Deaf and Hard of Hearing 35
Reaching Consensus
• School district makes a recommendation
–– IEP team must have a decision makerIEP team must have a decision maker
–– In absence of consensus, the LEA rep. is In absence of consensus, the LEA rep. is the decision makerthe decision makerthe decision makerthe decision maker
–– The school district moves forward unless The school district moves forward unless the parents disagree and request a the parents disagree and request a hearinghearing
–– “Stay put” Policy during a hearing “Stay put” Policy during a hearing requestrequest
Alexander Graham Bell
Association of Deaf and Hard of Hearing 36
Placement
• Least Restrictive Environment (LRE)***
• As close to home as possible
• Outside Placements when required for specific services
• Continuum of Placement Options
Alexander Graham Bell
Association of Deaf and Hard of Hearing37
possiblePlacement Options
• Must be made by Team including parents
Placement should be discussed last, first…
• Determine child’s individual needs
• Establish the goals and services to address those needs
• Finally, discuss where these services will • Finally, discuss where these services will be provided.
• Sometimes you can lead the team in the right direction.
Alexander Graham Bell
Association of Deaf and Hard of Hearing 38
Least Restrictive Environment (LRE)
• LRE requires that child must be educated in the classroom where s/he would normally be placed without the disability.
• Placement outside of the “mainstream” room is • Placement outside of the “mainstream” room is allowed, “only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.”
• Continuum of alternative placements.
Alexander Graham Bell
Association of Deaf and Hard of Hearing 39
LRE Continued
• Deaf/hh may need setting where they can receive more intensive speech and language training or AVT.
• All things being equal, the placement must be as close to the child’s home as possible.
• All things being equal, the placement must be as close to the child’s home as possible. (Districts are permitted to centralize services for cost efficiency.)
• Finally, no child may be taken from a regular classroom solely because of the need for modification of the general curriculum.
Alexander Graham Bell
Association of Deaf and Hard of Hearing 40
Implementing & Evaluating the IEP
• Parents must receive regular progress reports
Alexander Graham Bell
Association of Deaf and Hard of Hearing41
• Parents may request a new meeting to revise the child’s IEP
Disagreements
• Due process – mediation or hearing
–– Written Due Process Complaint NoticeWritten Due Process Complaint Notice
–– Resolution SessionResolution Session
–– Burden of ProofBurden of Proof
Alexander Graham Bell
Association of Deaf and Hard of Hearing42
–– Burden of ProofBurden of Proof
• Stay Put
• Attorney fees
• Unilateral placement, written notice and tuition reimbursement
• Compensatory education costs
Precedents
• D.D. v. Foothill SELPA
–– Found that the school staff did not Found that the school staff did not possess the proper qualifications for possess the proper qualifications for speechspeech--language therapy. language therapy. speechspeech--language therapy. language therapy.
–– The background, training, and experience The background, training, and experience in spoken language training are required.in spoken language training are required.
–– A LSLS certified provider or a provider A LSLS certified provider or a provider who can demonstrate the requisite skills.who can demonstrate the requisite skills.
Alexander Graham Bell
Association of Deaf and Hard of Hearing 43
Another Precedent
• E.N. v. St. Johns County School Board
–– Found that the school had improper Found that the school had improper qualifications and had made an improper qualifications and had made an improper placementplacementplacementplacement
–– Found that a multiFound that a multi--categorical class was categorical class was not appropriate for a child who was not appropriate for a child who was learning to listen and speak.learning to listen and speak.
Alexander Graham Bell
Association of Deaf and Hard of Hearing 44
IEP Meeting Reminders
• Don’t…
–– use use words like “best”, “most”, words like “best”, “most”, “maximum”, “optimum” and “full “maximum”, “optimum” and “full potential”potential”
–– Have emotional outbursts, raise your Have emotional outbursts, raise your
Alexander Graham Bell
Association of Deaf and Hard of Hearing45
–– Have emotional outbursts, raise your Have emotional outbursts, raise your voice or make accusationsvoice or make accusations
–– Immediately focus on specific remediesImmediately focus on specific remedies
–– Assume mainstreaming is requiredAssume mainstreaming is required
Meeting Don’t’s
• Don’t
–– InterruptInterrupt
–– AccuseAccuse
–– Make personal attacksMake personal attacks–– Make personal attacksMake personal attacks
–– Question another person’s motivesQuestion another person’s motives
–– Be intimidatedBe intimidated
Alexander Graham Bell
Association of Deaf and Hard of Hearing 46
More IEP Pointers
• Don’t…
–– Unilaterally Unilaterally place your child place your child in a private school without in a private school without knowing the ramificationsknowing the ramifications
Alexander Graham Bell
Association of Deaf and Hard of Hearing47
–– Assume the school knows all Assume the school knows all or can “fix” your childor can “fix” your child
–– OverOver--rely on due processrely on due process
Unilateral Placement
• You have the right to make a unilateral placement
• You will be reimbursed IF you can prove placement recommended by LEA was placement recommended by LEA was inappropriate
• MUST provide notice:–– Written notice at least 10 days prior to Written notice at least 10 days prior to
placementplacement
–– Notice at IEP meeting in advance of placementNotice at IEP meeting in advance of placement
Alexander Graham Bell
Association of Deaf and Hard of Hearing 48
IEP Do’s . . .
� Show respect
� State the child’s needs
� Prepare for questions
Use “appropriate”
Alexander Graham Bell
Association of Deaf and Hard of Hearing49
� Use “appropriate”
� Know your rights
� Build a relationship
� Know the district’s issues
Disagreements
• First put your request in writing
• Bring someone who “looks” like a lawyer or an advocate
• Ask to record the meeting for your • Ask to record the meeting for your “spouse”
• Share case precedents with the school district
Alexander Graham Bell
Association of Deaf and Hard of Hearing 50
Hearing and Due Process
• When parents prevail:
–– The school district pays for fees under The school district pays for fees under Part B (ages 3Part B (ages 3--21)21)
–– The parents pay the fees under Part C The parents pay the fees under Part C –– The parents pay the fees under Part C The parents pay the fees under Part C (ages 0(ages 0--3)3)
–– Courts can require the parents to pay if Courts can require the parents to pay if the complaints that arethe complaints that are
•• Frivolous, unreasonable, without foundation, Frivolous, unreasonable, without foundation, and/or unnecessary continued litigationand/or unnecessary continued litigation
Alexander Graham Bell
Association of Deaf and Hard of Hearing 51
What to DO after the meeting
• Follow-up if needed:
–– Write a clarification or dissent letterWrite a clarification or dissent letter
–– Make sure the IEP includes all required Make sure the IEP includes all required elementselementselementselements
–– Ask for an amendment Ask for an amendment
•• IEP can be reworded or changedIEP can be reworded or changed
•• Portions can be removed or addedPortions can be removed or added
Alexander Graham Bell
Association of Deaf and Hard of Hearing 52
Footnotes –References to deaf/hhin Article 7
• 511 IAC 7-32-65 "Multidisciplinary team" defined –– (4) For a student who is blind or has low vision, (4) For a student who is blind or has low vision,
is deaf or hard of hearing, or has suspected is deaf or hard of hearing, or has suspected multiple disabilities, the public agency may multiple disabilities, the public agency may request that representatives of the staterequest that representatives of the state--operated schools serve as part of the operated schools serve as part of the multidisciplinary team multidisciplinary team only if the parent has only if the parent has only if the parent has only if the parent has only if the parent has only if the parent has only if the parent has only if the parent has
provided written consent, provided written consent, provided written consent, provided written consent, provided written consent, provided written consent, provided written consent, provided written consent, in addition to the in addition to the written consent to conduct the initial educational written consent to conduct the initial educational evaluation, for the representative's participation evaluation, for the representative's participation in the educational evaluation. in the educational evaluation.
Alexander Graham Bell
Association of Deaf and Hard of Hearing 53
References
• 511 IAC 7-36-2 Special education program personnel
–– (d) Personnel working with deaf or hard (d) Personnel working with deaf or hard of hearing students who provide sign of hearing students who provide sign of hearing students who provide sign of hearing students who provide sign language transliteration and interpreting language transliteration and interpreting services must: services must:
–– (1) meet the requirements of subsections (1) meet the requirements of subsections (a) and (c); and be certified to interpret in (a) and (c); and be certified to interpret in an educational setting. an educational setting.
Alexander Graham Bell
Association of Deaf and Hard of Hearing 54
BreakBreak
Questions?
References• 511 IAC 7-36-7 Instructional curricula, materials, equipment,
and assistive technology devices and services
–– (l) Unless the student's CCC determines otherwise, the (l) Unless the student's CCC determines otherwise, the public agency is not responsible to provide basic public agency is not responsible to provide basic equipment that may be required at home as well as in the equipment that may be required at home as well as in the educational setting, such as the following: (1) Wheelchairs. educational setting, such as the following: (1) Wheelchairs. (2) Braces. (3) Glasses. (4) Hearing aids. (2) Braces. (3) Glasses. (4) Hearing aids.
–– (m(m) The public agency is responsible for maintenance and ) The public agency is responsible for maintenance and repair of all equipment and devices provided by the public repair of all equipment and devices provided by the public agency. The public agency is not responsible for the cost agency. The public agency is not responsible for the cost of repair or replacement of equipment not purchased by of repair or replacement of equipment not purchased by the public agency. the public agency. However, the public agency must ensure However, the public agency must ensure However, the public agency must ensure However, the public agency must ensure However, the public agency must ensure However, the public agency must ensure However, the public agency must ensure However, the public agency must ensure that hearing aids worn in school by students who are deaf that hearing aids worn in school by students who are deaf that hearing aids worn in school by students who are deaf that hearing aids worn in school by students who are deaf that hearing aids worn in school by students who are deaf that hearing aids worn in school by students who are deaf that hearing aids worn in school by students who are deaf that hearing aids worn in school by students who are deaf or hard of hearing are functioning properly. or hard of hearing are functioning properly. or hard of hearing are functioning properly. or hard of hearing are functioning properly. or hard of hearing are functioning properly. or hard of hearing are functioning properly. or hard of hearing are functioning properly. or hard of hearing are functioning properly.
Alexander Graham Bell
Association of Deaf and Hard of Hearing 56
The following slides are
sections re: deaf/hh issues
taken directly from Indiana
Special Ed Law.Special Ed Law.
Article 7 can be found at:http://www.doe.in.gov/exceptional/speced/laws.html
References511 IAC 7-41-4 Deaf or hard of hearing
• Sec. 4. (a) “Deaf or hard of hearing”, which may be referred to as a hearing impairment, means the following:
–– (1) A disability that, (1) A disability that, with or without amplificationwith or without amplificationwith or without amplificationwith or without amplificationwith or without amplificationwith or without amplificationwith or without amplificationwith or without amplification, adversely affects the , adversely affects the student's: student's:
•• (A) ability to use hearing for developing language and learning; (A) ability to use hearing for developing language and learning;
•• (B) educational performance; and (B) educational performance; and
•• (C) developmental progress. (C) developmental progress. •• (C) developmental progress. (C) developmental progress.
–– (2) The hearing loss may be: (2) The hearing loss may be:
•• (A) permanent or fluctuating; (A) permanent or fluctuating;
•• (B) mild to profound; or (B) mild to profound; or
•• (C) unilateral or bilateral. (C) unilateral or bilateral.
–– (3) Students who are deaf or hard of hearing may use: (3) Students who are deaf or hard of hearing may use:
•• (A) spoken language; (A) spoken language;
•• (B) sign language; or (B) sign language; or
•• (C) a combination of spoken language and signed systems. (C) a combination of spoken language and signed systems.
Alexander Graham Bell
Association of Deaf and Hard of Hearing 58
• (b) Eligibility for special education as a student who is deaf or hard of hearing shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following:
•• ((1) An assessment of the following: 1) An assessment of the following:
–– (A) Current academic achievement as defined at (A) Current academic achievement as defined at 511 IAC 7511 IAC 7--3232--2. 2.
–– (B) Functional skills or adaptive behavior across (B) Functional skills or adaptive behavior across various environments from multiple sources. various environments from multiple sources. various environments from multiple sources. various environments from multiple sources.
–– (C) Communication conducted in the: (C) Communication conducted in the:
•• ((((((((iiiiiiii) language or system utilized for the student's ) language or system utilized for the student's ) language or system utilized for the student's ) language or system utilized for the student's ) language or system utilized for the student's ) language or system utilized for the student's ) language or system utilized for the student's ) language or system utilized for the student's instruction; or instruction; or instruction; or instruction; or instruction; or instruction; or instruction; or instruction; or
•• (ii) student's preferred mode of communication; (ii) student's preferred mode of communication; (ii) student's preferred mode of communication; (ii) student's preferred mode of communication; (ii) student's preferred mode of communication; (ii) student's preferred mode of communication; (ii) student's preferred mode of communication; (ii) student's preferred mode of communication; that assesses the student's receptive and that assesses the student's receptive and that assesses the student's receptive and that assesses the student's receptive and that assesses the student's receptive and that assesses the student's receptive and that assesses the student's receptive and that assesses the student's receptive and expressive language skills. expressive language skills. expressive language skills. expressive language skills. expressive language skills. expressive language skills. expressive language skills. expressive language skills.
Alexander Graham Bell
Association of Deaf and Hard of Hearing 59
Continued-
Team Evaluation includes:
• (2) A social and developmental history that may include, but is not limited to, the following:
–– (A) Communication skills. (A) Communication skills.
–– (B) Social interaction skills. (B) Social interaction skills.
–– (C) Motor skills. (C) Motor skills.
–– (D) Responses to sensory experiences. (D) Responses to sensory experiences.
–– (E) Relevant family and environmental information. (E) Relevant family and environmental information.
• (3) A written report from an educational or clinical audiologist, otologist, or otolaryngologist with information regarding the:
–– (A) etiology of the hearing loss; and (A) etiology of the hearing loss; and
–– (B) student's potential requirement for amplification, if appropriate. (B) student's potential requirement for amplification, if appropriate.
• (4) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:
–– (A) determine eligibility for special education and related services; and (A) determine eligibility for special education and related services; and
–– (B) inform the student's CCC of the student's special education and (B) inform the student's CCC of the student's special education and related services needs. related services needs.
Alexander Graham Bell
Association of Deaf and Hard of Hearing 60
511 IAC 7-42-6 Developing an individualized
education program; components and parent
copy
• (4) In the case of a student who is deaf or hard of hearing or a student who is deaf-blind, the student’s:
–– (A) language and communication needs; (A) language and communication needs;
–– (B) opportunities for direct communications with (B) opportunities for direct communications with peers and professional personnel in the student's peers and professional personnel in the student's language and communication mode; language and communication mode;
–– (C) academic level; and (C) academic level; and
–– (D) full range of needs; including opportunities (D) full range of needs; including opportunities for direct instruction in the student's language for direct instruction in the student's language and communication mode. and communication mode.
Alexander Graham Bell
Association of Deaf and Hard of Hearing 61
RULE 43. RELATED SERVICES; TRANSITIONS; TRANSFER OF RIGHTS
511 IAC 7-43-1 Related services
• Related services do not include the following:
–– (1) A medical device that is surgically implanted, (1) A medical device that is surgically implanted, such as a cochlear implant. such as a cochlear implant.
–– (2) The optimization of a surgically implanted (2) The optimization of a surgically implanted device's functioning, such as mapping for a device's functioning, such as mapping for a device's functioning, such as mapping for a device's functioning, such as mapping for a cochlear implant. cochlear implant.
–– (3) Maintenance of a surgically implanted device. (3) Maintenance of a surgically implanted device.
–– (4) The replacement of a surgically implanted (4) The replacement of a surgically implanted device. device.
Alexander Graham Bell
Association of Deaf and Hard of Hearing 62
Related Services (f) Audiological services: • (1) may include:
–– (A) identification of students with hearing loss; (A) identification of students with hearing loss;
–– (B) determination of the nature, range, and degree of hearing (B) determination of the nature, range, and degree of hearing loss, including referral for medical or other professional attention loss, including referral for medical or other professional attention for the habilitation of hearing; for the habilitation of hearing;
–– (C) provision of (C) provision of habilitativehabilitative activities, such as: activities, such as:
•• ((ii) language habilitation; ) language habilitation;
•• (ii) auditory training; (ii) auditory training;
•• (iii) hearing evaluation; (iii) hearing evaluation;
•• (iv) speech/lip reading; and (iv) speech/lip reading; and
•• (v) speech conservation; (v) speech conservation;
–– ((D) creation and administration of programs for prevention of D) creation and administration of programs for prevention of
hearing loss; hearing loss;
–– (E) counseling with and guidance of students, teachers, and (E) counseling with and guidance of students, teachers, and parents regarding hearing loss; and parents regarding hearing loss; and
–– (F) (F) determination of a student's need for group or individual determination of a student's need for group or individual amplification, selecting and fitting of an appropriate hearing aid, amplification, selecting and fitting of an appropriate hearing aid, and evaluating the effectiveness of amplification; and and evaluating the effectiveness of amplification; and
• (2) must be provided by a licensed educational or clinical audiologist.
Alexander Graham Bell
Association of Deaf and Hard of Hearing 63
RULE 43. RELATED SERVICES; TRANSITIONS; TRANSFER OF RIGHTS
511 IAC 7-43-1 Related services
• (i) Requirements for interpreting services are as follows:
–– (1) Interpreting services include the following: (1) Interpreting services include the following:
• (A) When used with respect to students who are deaf or hard of hearing, the following:
–– ((ii) Oral transliteration services. ) Oral transliteration services.
–– (ii) Cued language transliteration services. (ii) Cued language transliteration services. -- 97 97 --
–– (iii) Sign language transliteration and interpreting services. (iii) Sign language transliteration and interpreting services.
–– (iv) Transcription services, such as the following: (iv) Transcription services, such as the following:
•• (AA) Communication access real time translation (AA) Communication access real time translation (CART). (CART).
•• (BB) C(BB) C--Print. Print.
•• (CC) (CC) TypeWellTypeWell. .
Alexander Graham Bell
Association of Deaf and Hard of Hearing 64