Special Education Overview (Chester)

McAndrews Law Offices, P.C.Berwyn, PA 610-648-9300Wyomissing, PA 610-374-9900Central PA 717-221-1422Northeastern PA 570-969-1817

www.mcandrewslaw.com

Special Education:A Practical Overview for

Families



FAPE

A program which is reasonably calculated to afford meaningful educational progress in all

domains (academic, social, emotional, behavioral, physical) through a proper

Individualized Education Program (IEP).

Free Appropriate Public Education



FAPE• Purpose of special education is to move

the child to a reasonable level of independence and self-sufficiency consistent with potential.

• Specially Designed Instruction must be based on peer-reviewed research.




FAPE• Accommodations and supports must

be provided as necessary to make meaningful educational progress, to allow maximum integration with non-disabled peers, and to participate in extracurricular/ nonacademic activities.




FAPE• Transition services from at least age 16

must be based upon appropriate transition assessments which are specifically designed to improve the child’s academic and functional achievement. Services must be designed to facilitate the child’s movement to post-school activities.




FAPE

• Students must be placed in the Least Restrictive Environment (LRE) consistent with their needs.

• Extended School Year (ESY) - eligible when regression occurs over the Summer with limited recoupment ability, or where the child is not making meaningful progress to fulfill IEP goals.



Eligibility – IDEA 2004• Autism• Deaf-blindness• Deafness• Emotional disturbance• Hearing impairment

• Mental retardation/Intellectual Disability

• Multiple disabilities• Orthopedic impairment• Other health impairment



Eligibility – IDEA 2004• Specific learning

disability• Speech or language

impairment

• Traumatic brain injury• Visual impairment• Developmental Delay



Eligibility - 504• Section 504 provides a broader definition of an

“individual with a disability”: [A]ny person who (i) has a physical or mental impairment which substantially limits one or more of such person’s major life activities; (ii) has a record of such an impairment; or (iii) is regarded as having such an impairment.

• Learning is a major life activity



Child Find

• The State must have in effect policies and procedures to ensure that all children with disabilities residing in the State, including children with disabilities who are homeless children or children with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated.



Child Find• Child find also must include

– Children who are suspected of being a child with a disability and in need of special education, even though they are advancing from grade to grade; and

– Highly mobile children, including migrant children.



Evaluations• Initial evaluation is required when there is

reason to suspect that the child has a disability and needs special education.



Evaluations

• Scope of evaluation and reevaluation:– In evaluating each child with a disability, the

evaluation must be sufficiently comprehensive to identify all of the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.



Evaluations• A new evaluation procedure is being strongly

encouraged for students suspected of having a Specific Learning Disability -- A “Response to Intervention Model” is now preferred to the former “Ability-Achievement Model” which relied upon a severe discrepancy between ability and achievement and was a “wait-to-fail” process which cheated needy children.



Evaluations• Parents have a right to obtain an Independent

Educational Evaluation, often at public expense.



IEP: Individualized Education Plan

• Defined: Individualized Education Program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting with parents and relevant professionals.



IEP Components• A statement of the child’s present levels of

academic achievement and functional performance

• A statement of measurable annual goals, including academic and functional goals



IEP Components

• A description of—

–How the child’s progress toward meeting the annual goals will be measured; and

–When periodic reports will be provided



IEP Components

• A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, and a statement of the program modifications and supports for school personnel



IEP Components• An explanation of the extent, if any, to which the

child will not participate with nondisabled children in the regular class and in other school activities



IEP Components• A statement of any individual appropriate

accommodations that are necessary to measure the academic achievement and functional performance of the child on State and districtwide assessments.



“Service Plan”• Section 504 and Pennsylvania’s Chapter 15

require a “Service Plan” with special education services and related services



Related Services• Audiology• Counseling services• Early identification and

assessment• Interpreting services• Diagnostic Medical

services

• Occupational therapy• Orientation and mobility

services• Parent counseling and

training• Physical therapy



Related Services• Psychological services• Recreation• Rehabilitation counseling

services• Social work services

• School health services and school nurse services

• Speech-language pathology

• Transportation



LRE: Least Restrictive Environment• Each public agency must ensure that--

– To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and



LRE– Special classes, separate schooling, or other

removal of children with disabilities from the regular educational environment occurs 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.



LRE• The child's placement--

– Is determined at least annually;– Is based on the child’s IEP; and– Is as close as possible to the child’s home;



LRE

• Unless the IEP of a child with a disability requires some other arrangement, the child should be educated in the school that he or she would attend if nondisabled;



LRE• A continuum of placements must be maintained

and be available to meet the needs of children with disabilities. The continuum must include instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions



LRE• Residential placements for educational purposes:

– If placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including non-medical care and room and board, must be at no cost to the parents of the child



LRE• “Instruction in the home” (a special education placement)

versus “homebound instruction” (based upon a medical reason to provide instruction at home) versus “home schooling” (a parental choice to provide instruction by family members and outside providers rather than by/at the public schools)


The New Chapter 14 Regulations



Parent Requested Evaluations• Parent should request an

evaluation in writing• School has 10 calendar

days to issue a PTE• If requested orally a PTE

should still be issued within 10 calendar days

• 60 calendar days to perform evaluation



Evaluation and Reevaluation Timelines

• 60 calendar days versus 60 school days

• Clock begins upon receipt of a signed permission to evaluate



IEP’s• Includes a standard for LRE from court cases• Supports and services may be delivered in the

regular education classroom and other settings as determined by the IEP team.

• The IEP team must consider the regular education class with the provision of supplementary aids and services before considering the provision of services in other settings.



Least Restrictive Environment• To maximum extent

possible must be educated w/ non-disabled peers

• Removal from regular education can occur only when the severity of disability is such in regular education cannot be achieved even with supplementary services



More LRE• May not be

determined to need a separate class b/c he cannot achieve to the same level as peers

• Student can make meaningful progress in the goals of the IEP



LRE

• Administrative convenience or cost cannot be the sole reason for a separate education

• Must have full continuum of placement options



Behavior Plans• Should include

“researched based practices”

• Support programs should be based on an FBA

• If behavior interferes with learning must have an FBA part of IEP

• “Aggressive Behavior = an IEP meeting within 10 school days



Positive Behaviors and Use of Restraints

• Positive behavior techniques should be used• Restraints are last resort• If restraints are used, the District must notify the parents

and convene an IEP meeting within 10 school days• Parents may waive this meeting in writing• At IEP meeting, the team will consider the need for an

FBA, an RR, a new positive behavior plan, or a change in placement



Use of Restraints• If included in IEP, the IEP must also include

positive behavior supports (PBS)• Used in conjunction with teaching of socially

acceptable alternative skills• Should be used by authorized and trained staff• Must be a plan in place to eliminate the use of

restraints



Restraints cont…• Prone restraints are prohibited

• District must maintain and report to the Secretary data on restraints used

• After a student with a PBS plan is referred to law enforcement, an updated FBA and PBS plan is required



Paraprofessionals• All instructional

paraprofessionals must have 20 hours of staff development

• By July 1, 2010, all para-pros must possess an associate’s degree or two years of “post secondary study”



How Many is Too Many?• Eliminates the terms “resource” and “part-time” as

the amount of service

• Replaced with “Supplemental” services



Types of Services• Itinerant Services (20%

or less)

• Supplemental (less than 80% but more than 20%)

• Full-Time (80% or more)



Who Are the Special Education Personnel?

• Special Education Teachers

• Speech and Language Therapists

• Occupational Therapists



Time Matters• The amount of time = percentage of time with special

education personnel in or outside of the classroom• Amount of time with paraprofessional does not count

in the amount of services/time



Extended School Year• Eligibility school-aged

children w/ severe impairments by 2/28 and NOREP by 3/31

• Other students = a timely matter

• Pre-school children can be eligible



Transition Services

• Transition planning will begin at 14 versus 16

• Need measurable post-secondary goals



Access to Classrooms• “Reasonable Access”

to their child’s classroom

• Can not “shop” for a classroom



Disciplinary Placements

• Cumulative suspensions more than 15 days in one year = change of placement

• MR students can be suspended for 1 day



Procedural Safeguards• Incorporates new federal rules on special education

hearings• Parent’s can bring “advocate” to resolution session• Pendency applies when a parent requests mediation



Due Process Hearing

• Eliminates the appeals panel

• All appeals will proceed within 90 days to federal court or PA Commonwealth Court

• Pre-hearing conference v. Resolution sessions



DISCIPLINE 101



Chapter 12 of PA Code Governs suspensions &

expulsions of ALL students

Informal meeting for suspensions of 1-3 days

There are no time limits for ISS –exclusion from class NOT school



Chapter 12 Continued… Additional requirements for suspensions of 4-10 days

Informal hearings held within first 5 days

Written notification of reasons for suspension

Sufficient advance notice of time and place of hearing

Question any witnesses present at the hearing



What is an Expulsion?

“Exclusion from school by the board of education for a period exceeding ten (10) school days and may be permanent expulsion from the school rolls.”



Obligations & Rights of an Expelled Student

If the child is under 17, the child must attend a school

Another school could include another public school, charter school, private school, or homeschooling

If these can not be arranged by parent, the parent must confirm in writing within 30 days

The District must then “make provision for the student’s education”



Additional Protections Students eligible under the

Individuals With Disabilities Education Act (IDEA)

Students protected by Section 504 of the Rehabilitation Act

Students “thought-to-be eligible” under either act



Section 504 Protections v. IDEA Protections

Under both Acts, a district cannot exclude a student from schooling for more than 10 consecutive days if the behavior is a manifestation of the student’s disability

No manifestation determination procedure under Section 504

Explicit “stay put” provision during due process proceedings under IDEA but not under Section 504

Students remain entitled to FAPE after expulsion under both Acts; however, not the LRE



Students with Disabilities and Suspensions

22 Pa Code Section 14.133(e) precludes punishment for conduct which is a manifestation of a disability



Students with Mental Retardation/Intellectual Disabilities

Any removal of a student with Mental Retardation/Intellectual Disabilities is a change of placement

45-day Interim Alternative Educational Setting (IAES) for a drug/weapon offense



Cumulative Days = Change of Placement?

In PA, the days of suspension can not exceed 15

A pattern of serial suspensions will constitute a change in educational placement when the suspension exceeds 10 days in any school year and the pattern looks like a change in placement in light of:

The length of each suspension;The proximity of time between suspensions; andThe total time out of school



Exceptions to the Number of Days

School officials can place students in an IAES for up to 45 days if the student;

Carries a dangerous weapon (18 U.S.C. §930(g)(2);Knowingly uses or possesses illegal drugs or buys/sells a controlled

substance;Causes “Serious Bodily Injury”; orPresents a danger to himself or others as determined by a hearing

officer



When is a Manifestation Determination Required?

A formal hearing is required when there is a removal from school for more than 10 days



Manifestation Determination

Was the conduct in question caused by, or had a direct & substantial relationship to the child’s disability?

Was the conduct in question a direct result of the LEA’s failure to implement a proper IEP?



Yes or No to the Determination

If the answer is “no” to both questions, then the District may proceed with the suspension/expulsion hearing

If the answer is “yes” to either question, then the District may not proceed with suspension/expulsion



Timelines

A manifestation determination must be made immediately, but no later than 10 days after a decision to pursue a disciplinary exclusion



Not a Manifestation?

If the behavior was not a manifestation, and the District seeks to change the student’s placement, parents must be provided with written prior notice of its decision

Parents are given the opportunity to disagree and to initiate due process proceedings

District must follow Chapter 12 requirements



Functional Behavioral Assessments (FBA)

Is an evaluative process for addressing problem behavior. It relies on a variety of measures to identify the purposes (or the function) of specific behavior and to aide the Individualized Education Plan (“IEP”) team in developing interventions to directly address the problem behavior



More FBA…FBAs are required by the Individuals with Disabilities Education Act (“IDEA”) if the school is going to change the student’s educational placement in order to address the behavior that led to the violation of student conduct so that it does not reoccur. This requirement is irrespective of whether the behavior is a manifestation of a student’s disability.



Before an FBA is conducted, the following steps must be taken:

Identify the behavior that is causing learning or discipline problems;

Define that behavior in specific terms that are easy to communicate and simple to measure and record.



For Example…

Adam is not completing his class work because he refuses to do it.

The behavior can be identified as, “Adam refuses to complete class work.”



Once the Behavior is Identified Observe the student's

behavior in a variety of different settings and during different types of activities

Conduct interviews with school staff and parents, in order to pinpoint particular patterns of the behavior.



Another Example…

An observation of Adam throughout the day may reveal that he does not complete his class work in English or Social Studies, but readily completes it in Math and Science. It may also reveal that Adam is experiencing disciplinary issues in English and Social Studies classes, but is a model student the remainder of the school day.



Data Must Be Analyzed

This analysis determines the patterns associated with the behavior.

Adam refuses to complete class work whenever it requires reading.



Revise the FBA?

If patterns cannot be determined, the team should revise the functional behavioral assessment to identify other methods for assessing behavior.



Develop a Behavior Management Plan

Once the problem behavior has been evaluated, the IEP team can begin to devise a Behavior Management Plan to address the problem behaviors.



Behavior Management Plans (BMPs)

The Pennsylvania Department of Education has outlined a Five-Step Process for the development and implementation of BMPs. (Guidelines on Effective Behavioral Support, 1995):



Step 1: Functional Behavior Assessment

An FBA involves:

1) identifying the areas of behavior that are impeding the child’s ability to learn or the learning of others; and

2) the collection of data regarding the identified inappropriate behavior, through observational data and/or informant data, in a variety of settings.



Step 2: Hypothesis Statements

The Hypothesis Statements summarize the data collected from the FBA about the function or purpose of the identified inappropriate behaviors.



Step 3: Behavior Management Plan Development

A BMP is a written document that provides the specifics regarding:

1) the identified inappropriate behavior(s); 2) the function or purpose of the behavior; 3) the strategies to prevent the behavior; 4) the replacement skills that should be taught; and 5) how those implementing the plan should react to the inappropriate behaviors.

A BMP should be individualized to the student and incorporated as part of their IEP.



Step 4: Plan Evaluation

Data should be continually collected regarding the increase/decrease of the identified inappropriate behaviors as well as the demonstration of replacement skills.



Step 5: Modification of the BMP

Based upon the success or failure of the BMP, the IEP team should modify the plan to address the child’s needs.



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Special Education Overview (Chester)

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