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The Family Driven IEP

Take Aways

• Understanding of the special education laws and

policies pertaining to the IEP and how they can

intersect with family driven policies

• How to apply and promote a family driven

approach that ensures their involvement during

the evaluation, development of the IEP, and

implementation.

• A toolkit to use in the future to expand roles and

success for families as the most important person

on their child’s team!MHTA ~ 2017 2

The Basics

By state and federal law, schools must provide special help to eligible children with disabilities.

• Special education is instruction that is specially designed to meet the unique needs of a student with a disability.

• This means education that is individually developed to address a specific student’s needs that result from his or her disability. Since each student is unique, it is difficult to give an overall example of special education. It is individualized for each student.

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IDEA

• Part A - General Provisions

• Part B - Assistance for Education of All Children with Disabilities

• Part C - Infants and Toddlers with Disabilities

• Part D - National Activities to Improve Education of Children with Disabilities

IDEA is divided into four

parts:

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Approaches to Special

Education

• There are many approaches to

educating a student that are used.

– Special instruction;

– Putting them in a special class all or

part of the day;

– An aid or other support service;

and/or

– Accommodations or modifications to

their program.

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Multi-Step Process

Identification

Evaluation

Eligibility

IEP

Services

Update

Re-evaluate

MHTA ~ 2017 6

Identification

• The Individuals with Disabilities Education Act

includes the Child Find mandate. Child Find

requires all school districts to identify, locate and

evaluate all children with disabilities, regardless of

the severity of their disabilities. This obligation to

identify all children who may need special

education services exists even if the school is not

providing special education services to the child.

MHTA ~ 2017 7

How to Refer

• There are two primary ways in which

children are identified as possibly

needing special education and

related services: the system known

as Child Find (which operates in

each state), and by referral of a

parent or school personnel.

Referrals• Child Find. Each state

is required by IDEA to

identify, locate, and

evaluate all children with

disabilities in the state

who need special

education and related

services.

• Referral or request for

evaluation. A school

professional may ask

that a child be evaluated

to see if he or she has a

disability.

9

Integrating a Family Driven Process

• Referrals can come from families or anyone else

involved in their child’s education.

• If families are approached by someone to receive

permission to evaluate the child, they can ask for

documentation regarding the purpose or evidence

for the referral.

• If families wish to refer their child, programs

should offer templates they can use to refer in

writing

10

Evaluation

MHTA ~ 2017 11

The Evaluation Process

• Be completed by trained and knowledgeable persons;

• Include all areas related to a suspected area of disability;

• Include more than just one test or assessment procedure;

• Use the child’s native language; and

• Not discriminate because of the child’s or youth’s race or culture.

The evaluation

must:

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The Evaluation Process

The family or a member of the

school staff may make the request for an

evaluation.

The school must get

permission to evaluate the child or youth

from the family in writing for the first evaluation.

Includes information that

the family provides to the

team, assessments

(tests), medical concerns, and interviews with the family and

school staff who know the child or youth.

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Integrating

a Family

Driven

Process

DoDo the evaluation in the environment where they spend most of their time at school.

LetLet them know when, where, and how the child or youth performs best.

Ask Ask what time of day they will be evaluating.

ParticipateParticipate in the decision to select the right tools

Review Review the evaluation tools ahead of time

AskAsk about the tools that will be used for evaluation.

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Integrating a Family Driven Process

• You want the test to be in the most normalized environment as possible.

• Testing should highlight the issues and needs of the student during a normal school day.

• This helps ensure that when, where, how, and what the student is taught through special education will be most beneficial.

Keep in

mind:

MHTA ~ 2017 15

Eligibility

• The term "child with a disability" means a child—

– (i) with intellectual disabilities, hearing impairments (including

deafness), speech or language impairments, visual

impairments (including blindness), serious emotional

disturbance (referred to in this chapter as "emotional

disturbance"), orthopedic impairments, autism, traumatic brain

injury, other health impairments, or specific learning disabilities;

and

– (ii) who, by reason thereof, needs special education and related

services.

MHTA ~ 2017 16

Eligibility- Child aged 3 through 9

• (B) The term "child with a disability" for a child aged 3 through 9

(or any subset of that age range, including ages 3 through 5), may,

at the discretion of the State and the local educational agency,

include a child—

– (i) experiencing developmental delays, as defined by the State

and as measured by appropriate diagnostic instruments and

procedures, in 1 or more of the following areas: physical

development; cognitive development; communication

development; social or emotional development; or adaptive

development; and

– (ii) who, by reason thereof, needs special education and related

services.

17

Determining Eligibility

The results from the evaluation will help to decide if the student needs special education services and will show what kind of services may help.

If a family disagrees with the results or the school’s decision regarding what services the child or youth needs the family can ask that

another evaluation be done by someone who does not work for the school. This is called an

Independent Educational Evaluation (IEE).

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Integrating a Family Driven Process

Families and their other designated attendees should be a part of the determination process.

Families should be advised ahead of time what the results of all tests and evaluations and other input will be used as determining criteria.

Ask to be notified ahead of the meeting regarding your child’s eligibility.

Families should know ahead of time what their rights are, should they disagree with the eligibility determination.

MHTA ~ 2017 19

Individualized Education Planning (IEP)

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The IEP… Individualized Education Planning (IEP) team must meet to write an Individualized Education Plan (IEP)

• Families, children, and youth are important members of this team

• The IEP is the written “contract” that will drive, measure, and monitor all educational services

MHTA ~ 2017 21

Integrating a Family Driven Process

• Families can do several general things that will help

them be a major player in this process. This might

include:

– Writing down questions; call the school and ask them before

anything is done.

– Ask about the process, such as about the timeline and when it

will be complete.

– Ask for a copy of the evaluation results at least 3 days before

the IEP Meeting.

– Do not sign the IEP until you are sure…

MHTA ~ 2017 22

The IEP Team

A number of people should

be invited to the IEP meeting. This group is called the IEP

team.

• The family and significant others

• The child or youth

• The child’s or youth’s regular education teacher

• The child’s or youth’s special education teacher or special education provider

MHTA ~ 2017 23

The IEP Team, continued

More Team Members

• A person from the school district who is qualified to provide or supervise special education

• Someone who understands what the evaluation means and can talk about it

• Others that the family or the school invites because they know the child or youth and can assist in planning for their educational needs

• Anyone of the family choice, such as a friend, an advocate, or service provider

MHTA ~ 2017 24

Integrating a Family Driven Process

1

Do everything possible to not go alone.

2

Ask someone who is a strong advocate for your child or youth to go with you.

3

Make sure the rest of the team knows who you will be bringing with you.

25

The IEP Meeting

• After a child is found eligible for special

education and related services, a meeting

must be held to develop to the IEP. The school

system must notify the child’s parents of when

and where the meeting will take place, so they

have the opportunity to attend and participate.

www.parentcenterhub.org

26

Integrating a Family Driven Process

• Insist the meeting be held at a time and place convenient for the family and their invitees.

• Know state law regarding the timeline of when the IEP meeting must take place.

• The family is seated at the head of the table to encourage recognition of their role.

• IEP and placement meetings, mediation meetings, and due process (IEP) resolution sessions may be convened by conference calls or videoconferences.

MHTA ~ 2017 27

This Photo by Unknown Author is licensed under CC BY-NC-ND

Developing a Plan

The school must set up a meeting to discuss the results of the evaluation and develop a plan on how special services should be used to assist the child or

youth learn.

MHTA ~ 2017 28

The IEP Plan

• The child’s present levels of academic achievement and

functional performance, describing how the child is currently doing

in school and how the child’s disability affects his or her

involvement and progress in the general curriculum

• Annual goals for the child, meaning what parents and the school

team think he or she can reasonably accomplish in a year

• The special education and related services to be provided to the

child, including supplementary aids and services (such as a

communication device) and changes to the program or supports

for school personnel

MHTA ~ 2017 29

The IEP Plan

• How much of the school day the child will be educated separately

from nondisabled children or not participate in extracurricular or

other nonacademic activities such as lunch or clubs (called extent

of nonparticipation)

• How (and if) the child is to participate in state and district-wide

assessments, including what modifications to tests the child

needs

• Service delivery details, such as when services and modifications

will begin, how often they will be provided, where they will be

provided, and how long they will last

• How school personnel will measure the child’s progress toward

the annual goals.

30

Related

Services

Those services a

child with a

disability needs in

order to benefit from

special education.

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• Can consist of:

– An individualized curriculum and

setting that is different from that of

same-age, nondisabled peers;

– The same (general) curriculum and

setting as that for nondisabled

peers, with adaptations or

modifications made for the student;

or

– A combination of these elements.

MHTA ~ 2017 31

Modifications

• Usually a

modification

means a change

in what is being

taught to or

expected from the

student.

Sample

• Making an assignment easier so the student is not doing the same amount of work as other students

MHTA ~ 2017 32

Accommodations

• An

accommodation

is a change that

helps a student

overcome or work

around the

disability.

Sample:

• Allowing a student who has trouble writing to give his answers orally

MHTA ~ 2017 33

Take Note!

If you do not sign the IEP in favor of or against…

In most states, if a parent choses not to sign the IEP at the conclusion of an IEP meeting, nothing will be implemented for 14 days to allow for time to review and request changes if desired or to request a due process hearing if needed. If parent does not sign, on the 15th day following the meeting, the services will be implemented (assuming it is not an initial).

MHTA ~ 2017 34

Integrating a

Family Driven

Process

Discuss environments outside of the classroom; playground, library, lunchroom, class trips, extracurricular activities, bus, music, and even extra curricular activities such as sports.

Special consideration for these environments MUST be listed in the IEP in order to occur.

MHTA ~ 2017 5

Integrating a Family Driven Process

Make sure you understand

EVERYTHING

Make sure you are clear on the “how”.

Be practical

3

Negotiate

Use a checklist

4Use the laws

that are in place

Assume NOTHING!!!

Providing Services

• Services within the education system is provided according to the IEP.

• The IEP serves as a “contract” that outlines the requirements of the school in relation to a free and appropriate public education.

MHTA ~ 2017 4

Re-evaluations and Annual IEP Meetings

and Plans

If a child or youth is receiving special education services through an IEP, they must be re-evaluated to determine if there is still a need

for special education, and to address any new needs that arise not more than once a year, unless the family and the school district

agree that one is needed.

The family and student will meet with the IEP team at least once per

year to discuss progress and include all new goals or services

into the IEP plan.

MHTA ~ 2017 38

Due Process

This Photo by Unknown Author is licensed under CC BY-SA

Special Education Rights for Families

Under Federal and state laws, families have the right to:

– Have their child assessed;

– To disagree (On the evaluation, eligibility, the IEP, the

program, and the outcomes);

– To be part of the team;

– To help write the IEP;

– To think about it; and

– To change the world by changing the laws.

MHTA ~ 2017 40

Disagreements

Sometimes the family or student do not agree with the decisions at the schools regarding special education. This might include disagreement on:

MHTA ~ 2017 41

▪ The results of the

evaluation

▪ The eligibility for special

education

▪ The IEP Plan

▪ The IEP process

▪ The program or goals

and objectives

▪ The placement

▪ The amount of

services

▪ The outcomes of the

education efforts

Due Process

• If a family believes that their child’s or youth’s rights are

being violated because they are not receiving the

services they need or the services they receive are

inappropriate, they can follow a procedure called “due

process”.

• The school must provide information on how to activate

due process.

• Due Process is not to be used lightly…

MHTA ~ 2017 42

Integrating a

Family Driven

Process

Get a professional advocate.

Negotiate.

Get everything in writing.

Postpone completion and come back at a later date.

MHTA ~ 2017 43

Stay the Course

When Things Go Bad…

• IEP meetings are often an emotional time for families. The schools stand by strict rules and regulations and families may disagree with their decisions or direction.

• Take a break. Walk outside.Call your mom.

MHTA ~ 2017 2

Be Purposeful

Approach the IEP like any other planning meetingApproach

Understand the process, intent, and potential outcomesUnderstand

Know your rights and responsibilitiesKnow

Gather information to participate as informed member of the teamGather

Practice good participation and communication skillsPractice

MHTA ~ 2017 46

Stay in Charge

Never tell a school, or anyone else, that you plan to sue them. Litigation is the last resort.

Try other strategies to resolve disputes with the school. Do not initiate a due process hearing until they have exhausted other ways to resolve their problem. -

MHTA ~ 2017 47

Staging

• Some families hope their child does poorly on tests so they can get the help they need. They may:

• Encourage the school to do the testing at a time and place when they know the student will perform poorly.

8

Helping families help themselves

• The Mental Health Transformation Alliance, a family run organization, received a three year grant from the federal Substance Abuse and Mental Health Administration (SAMHSA) to develop the TN Statewide Family Network (TNSFN).

MHTA ~ 2017 9

MENTAL HEALTH TRANSFORMATION ALLIANCE 2017

Planning for Family Youth-Driven IEP’s

Family and Youth Driven Principles How we will make it happen

Families and youth are given accurate, understandable, and complete information that is necessary to set goals and make choices for improved education.

Families, youth, teachers and administrators embrace the concept of sharing decision-making and responsibility for outcomes.

The school takes the initiative to change practices from school-driven to family and youth-driven.

Administrators allocate staff, training, support and resources to make family and youth-driven practice work across all school programs.

The school community embraces, values, and celebrates the cultures of their students.

Families and students are supported so they are comfortable in steering decision making about all aspects of educational services and evaluation.

IEP meetings and evaluations occur in culturally and linguistically competent environments.

Administrators and staff actively demonstrate their partnerships by sharing power, resources, authority, responsibility, and control with families and youth.

Families and youth have a voice advocating on their behalf.

MENTAL HEALTH TRANSFORMATION ALLIANCE 2017

Family Driven IEP Meeting

What we expect… Making It Happen

The meeting is held in a location and time convenient for the family/student.

All evaluation outcomes and data to be considered are discussed with the family/student at least 1 week prior to the IEP meeting.

The family/student is told ahead of the meeting who will be attending and their role in the education process.

The family/student is given information in a language and on a reading level they can understand.

The family/student receives information and resources on where and how to understand and play a leading role in the IEP meeting.

The family/student is supported to bring others that can attend the meeting with them.

The family/student is considered the IEP lead.

The student and their family are recognized as the constant in the education process.

The family/student speaks first on each IEP component.

The family/student received resources and informational links outside of those from the state and local education departments.

It is understood that the family/student may call a recess or continue the meeting at another time when necessary to ensure their full participation in the process and outcomes.

Others:

MENTAL HEALTH TRANSFORMATION ALLIANCE 2017

IEP Resources

Center for Parent Information and Resources Hub of information and products created for the network of Parent Centers serving families of children with disabilities http://www.parentcenterhub.org/iep/ https://www.facebook.com/parentcenterhub/?ref=bookmarks https://www.youtube.com/channel/UCDc-zd_HORq7WWmqdk5NQlw?view_as=subscriber Council for Exceptional Children The Council for Exceptional Children is a professional association of educators dedicated to advancing the success of children with exceptionalities. We accomplish our mission through advocacy, standards, and professional development. http://www.cec.sped.org/ http://www.facebook.com/cechq Pacer Center PACER Center enhances the quality of life and expands opportunities for children, youth, and young adults with all disabilities and their families, so each person can reach his or her highest potential. PACER operates on the principles of parents helping parents, supporting families, promoting a safe environment for all children, and working in collaboration with others. http://www.pacer.org/ http://www.facebook.com/PACERCenter http://www.youtube.com/pacercenter

Special Education Guide SpecialEducationGuide.com is the go-to online resource for parents and educators who want to master the terminology, procedures and best practices in special education. https://www.specialeducationguide.com/ https://www.facebook.com/sharer/sharer.php?u=https://www.specialeducationguide.com/ US Department of Education Federal agency responsible for information, laws, and policies regarding students with special education needs. https://www2.ed.gov/parents/landing.jhtml Wrightslaw Resource for parents, educators, advocates, and attorneys for accurate, reliable information about special education law, education law, and advocacy for children with disabilities. http://www.wrightslaw.com/ https://www.facebook.com/pages/Wrightslaw/258027171722?sk=wall https://www.youtube.com/user/wrightslaw