Special Education

  • SPECIAL EDUCATION: GENERAL INFORMATION
    • Wright’s Law: www.wrightslaw.com – A website that offers information about special education law, education law and advocacy for children with disabilities.

    • Individuals with Disabilities Education Act (IDEA) – http://idea.ed.gov - A website that provides information regarding federally mandated special education services for children ages birth to 21.

    • Colorado Department of Education: Exceptional Students Leadership Unit – www.cde.state.co.us – A website that provides educational information on services within the state of Colorado.


    SPECIAL EDUCATION LAW


    Federal – Individuals with Disabilities Education Act (IDEA) – Started in 1975 with Public Law 94-142

    Purpose: “…to ensure that all children with disabilities have available to them a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living ...” However, a child with a disability is not automatically eligible for special education and related services under IDEA. The key phrase is “who needs special education and related services.” Does the child’s disability adversely affect education performance? To be eligible for a free appropriate public education (FAPE) under IDEA, the child must meet both criteria.


    The law was last reauthorized in 2004 and is known now as the Individuals with Disabilities Education Act (IDEA). The purpose of the law is:

    • To ensure that all children with disabilities have available to them a FAPE that emphasizes special education and related services designed to meet their unique needs and prepare them for employment and independent living.

    • To ensure that the rights of children with disabilities and parents of such children are protected.

    • To assist states, localities, educational service agencies and Federal agencies to provide for the education of all children with disabilities.
      IDEA requires that all states receiving federal assistance must:

    • Make FAPE available to all children with disabilities between the ages of 3 and 21, including students with disabilities who have been suspended or expelled from school.

    • Identify, locate and evaluate all children with disabilities.

    • Develop an Individual Education Program (IEP) for each student with a disability and review annually.

    • Educate children with disabilities in the “least restrictive environment” (LRE) to the maximum extent possible.


    Part A of IDEA contains general provisions, including the purpose of the Act and definitions.


    Part B, the most frequently discussed part of IDEA, contains provisions relating to the education of school-aged and preschool children, the funding formula, evaluations for services, eligibility determinations, IEP, and educational placements. It also contains requirements for procedural safeguards.


    Part C of IDEA provides early intervention services for infants and toddlers with disabilities from birth through age 3. These early intervention services are provided in an Individual Family Service Plan (IFSP) and are developed in consultation between families and the appropriate state agencies.


    Part D provides support for various national activities designed to improve the education of children with disabilities, including personnel preparation, technical assistance and special education research.


    State - Exceptional Children’s Education Act (ECEA)


    Colorado enacted the “Exceptional Children’s Education Act” (ECEA) prior to IDEA to meet the educational needs of children who are eligible for special education services. They later developed regulations which comply with the requirements imposed by IDEA. The rules for the administration of this act were last amended on November 8, 2007 and became effective December 30, 2007.


    Children are served under the ECEA if they are between the ages of 3 and 21, have a disability as defined by ECEA and “are unable to receive reasonable benefits from general education without additional supports in the public schools because of specific disabling conditions.”


    Section 504 of the Rehabilitation Act of 1973


    The Rehabilitation Act of 1973 contains safeguards to protect the rights of all persons with disabilities from discrimination. This is a civil rights law rather than a special education law like IDEA and ECEA. Section 504 prohibits discrimination based upon disability by any recipient of federal funds. This means that any entity (school district) that receives federal dollars must meet requirements of Section 504 to provide equal access to the services, programs, activities that the recipient offers.


    The definition of a “handicapping condition” under Section 504 is much broader than the definition of a disability under IDEA. Therefore a student could qualify for services under Section 504 and not qualify under IDEA. To qualify under Section 504, a person must have a physical or mental impairment which substantially limits one or more life activities; have a record of such impairment, or is regarded as having such impairment. The physical or mental impairment must have a substantial limitation (permanent or temporary) on one or more major life activities. These activities include caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, working and learning. If a student is found to be eligible under Section 504, a written plan called a Section 504 Plan will be developed which outlines accommodations and modifications required by the student to afford the student learning opportunities equal to those of students who do not have a disability.


    RESPONSE TO INTERVENTION (RtI)


    Response to Intervention (RtI) became part of the special education process with reauthorization of the Individuals with Disabilities Act (IDEA) in 2004. The regulations for implementing IDEA indicate that States “must not require the use of a severe discrepancy between intellectual ability and achievement for determining whether a child has a specific learning disability,…” States must permit the use of a process based on the child’s response to scientific, research-based intervention. This process is referred to as RtI. RtI is a concept. Each individual school district has developed a RtI model.


    There are three common uses of RtI:

    • Prediction of at-risk students;

    • Intervention for students with academic or behavioral difficulties; and

    • Determination for specific learning disabilities (SLD).


    RtI typically includes three tiers of intervention with more intensive help provided if the student does not respond at each tier. Most of the intervention is provided in general education.


    Tier 1 – The idea is to provide scientific, research-based instruction where instructional goals are established and regular progress monitoring is done.


    Tier 2 – If a student is not making sufficient progress in Tier 1, then the Problem Solving Model is recommended, which includes;

    • Problem identification

    • Problem analysis

    • Intervention development/implementation, and

    • Intervention evaluation/modification.


    Tier 3 – If the student is not making sufficient progress in Tier 1 and 2, the student could be identified with a specific learning disability and begin to receive special education services


    Colorado Core Principles of RtI:


    Principle 1: We believe that we can effectively teach ALL children.
    Principle 2: We will intervene early.
    Principle 3: We will use a tiered system of resources and practices
    Principle 4: We will use research-based, scientifically validated interventions/instruction to the extent available.
    Principle 5: We will use an effective and collaborative decision-making process within a multi-tiered instruction/intervention model.
    Principle 6: We will use various types of assessment according to the purpose.
    Principle 7: We will use student data to inform instruction.


    INDIVIDUALIZED EDUCATION PROGRAM (IEP)


    Each student who receives special education and related services must have an Individualized Education Program (IEP). Every IEP must be individually designed for each student. The IEP process is an opportunity for teachers, parents, school administrators, related services personnel and students (when appropriate) to work together to improve educational benefits for the student involved. To create an effective IEP, the IEP team must review the student’s unique needs when developing a program that will assist the student to be involved in and progress in the general curriculum. The IEP guides the delivery of special education supports and services for the student with a disability.


    Basic Special Education Process under IDEA:


    Step 1: Child is identified as needing special education and related services or may be considered for the Response to Intervention (RtI) process.
    Step 2: Child is evaluated in all areas of suspected disability.
    Step 3: Eligibility for special education services is determined by the findings of the evaluation process.
    Step 4: If the student is found to be a “child with a disability” as defined by IDEA, that student is eligible for special education and related services.
    Step 5: School district will schedule a meeting to develop the IEP.
    Step 6: The IEP meeting is held and the team discusses the student’s strengths and needs while creating goals and objectives which will be supported through related services.
    Step 7: Services are provided to the student which may include specific accommodations, modifications and supports.
    Step 8: Progress on goals and objectives/benchmarks is measured and periodically reported to parents.
    Step 9: The IEP is reviewed annually by the team.
    Step 10: Student is reevaluated every three years and the results are discussed at the “triennial” meeting.


    How to Prepare for an IEP Meeting: An Overview


    Types of IEP Meetings – A general education teacher should be present. Parent Rights and Responsibilities information is provided.

    • Initial Staffing – student to be found eligible for services
      Annual Review – meeting held for the first 2 years after the initial staffing

    • Triennial Staffing – every 3 years; involves updated assessment information

    • Additional Review – team meets as needed to discuss issues


    Present Levels of Functioning, Strengths and Needs

    • Education/ Academics

    • Social/Emotional/Behavior

    • Physical/Motor/Health

    • Communication/Language

    • Cognitive/Psychological

    • Transition/Life Skills


    Identification for Special Education Services

    • SLIC – Significantly Limited Intellectual Capacity

    • Multiple – SLIC and one other identified disability

    • SIED – Significant Identifiable Emotional Disability

    • SLD – Specific Learning Disability

    • Autism

    • Physical Disability – ADD/ADHD, TBI, CP, other

    • Speech/Language Disability

    • Hearing Disability – requires a communication plan

    • Vision Disability – requires a literacy plan

    • Preschool Child with a Disability – ages 3-5


    Review and develop goals and objectives - Discuss needs, accommodations and modifications.


    If a student is over 15 years of age, include transition goals

    • Education/Academics

    • Communication/Social/Interpersonal

    • Career/Vocational

    • Community/Residential/Life Skills

    • Recreation/Leisure


    Identify Related Services

    • Academic Support

    • Speech/Language Services

    • Physical/Occupational Therapy (OT/PT)

    • Behavioral/Mental Health Support

    • Direct vs. Indirect Services


    Placement for Services

    • Least Restrictive Environment (LRE)

    • Involvement in General Education Curriculum

    • Extended School Year (ESY)

    • Transportation

    • Health Care Plan

    • Assistive Technology

    • State/District Assessment

    • Communication Plan

    • Literacy Plan


    HOW TO PREPARE FOR AN IEP MEETING:

    • Obtain Assessment Results - Prior to the IEP meeting parents can request, in writing, that each member of the IEP team provides them with any assessments results one week prior to the meeting. This strategy allows parents time to reflect on the information provided and plan ahead.

    • Develop a Parent Report and List – Consider writing a one page report with a list of your child’s strengths, their interests and what you think the needs are. Think about what goals, skills or strategies to implement for the coming year. Write a vision statement of how you see your child in the future. Parents can plan for the IEP ahead of time by creating a list of questions and concerns they would like to discuss.

    • Provide Outside Professional Reports – If you use any private services (OT/PT, psychologist, etc.) ask them to provide a report stating the treatment plan, goals and progress to share with the IEP team.

    • Conduct a Pre-IEP Meeting, if necessary – This can allow for a variety of issues to be discussed and resolved prior to the IEP meeting which is often limited by a time constraint. Planning ahead is always a good use of time.

    • Create an Agenda – Team members can collectively create a schedule prior to the meeting to assure that all important issues are addressed and to maintain focused.

    • Actively Include the Student – Students who attend their IEP meetings can become actively involved by working with their teachers to facilitate their own IEP meeting.

    • Create a Student Needs Chart – The team should explicitly discuss and document the student’s strengths, perceived limitations, previous goals attained, and present levels of academic achievement and functional performance. Based on this information, the team can discuss where they would like the student to proceed by including both short and long-term goals in the following areas; academics, social, and behavioral in the home, school and community. Next, the team would actively plan how they could assist the student with attaining the goals.

    • Implement an IEP “Parking Lot” – Often IEP meetings can result in a loss of focus and lengthy discussions over issues unrelated to the task at hand. A “parking lot” can be a large piece of paper posted in the room and used to document any comments or issues that come up during the meeting and are identified as off topic.

    • Always Refer Back to the Student – Any discussions and decisions should always go right back to the student and their needs. Ask questions, such as, “How can this help the student? What does this student really need? Is this really beneficial to the student’s optimal growth?”

    • Set Up a Communication System – Every year discuss the best way for teachers and parents to communicate. This could be daily or weekly logs, emails or bi-weekly phone calls.


    ASSESSMENTS AND EVALUATIONS


    In order for student to receive special education services they must be found eligible under IDEA. Eligibility is determined by an evaluation process. Before the school district can evaluate or re-evaluate a child, the district must obtain the parents informed consent. Evaluations and assessments gather information from a variety of sources about the child’s development and functioning in all areas of suspected disability. Evaluations can also assist in the development of the IEP, instructional strategies and measuring progress. Tests and other evaluations must be reliable and valid. Tests must not discriminate against a student on racial or cultural bias. They must be administered in the student’s native language or other mode of communication. Factors such as your child’s attentiveness, motivation, anxiety, and understanding of the test directions can affect the score.


    Types of Tests:

    • Group Tests – May not be used to determine eligibility for special services. They provide information how a student performs in relation to others of the same age or grade but do not identify an individual’s pattern of strengths or needs.

    • Individual Tests – Administered individually to the student and can clarify needs and identify special services.

    • Curriculum-based assessments – Are developed to determine progress a student has made in learning the specific materials presented by the teacher. Can be helpful to assess if the student is learning the material, however, it is not recommended to use such tests to determine eligibility.

    • Standardized test – Used to measure progress of large population of students. Administered according to standards. Such tests can evaluate what a student has already learned (achievement) or predict what the student may be capable of doing in the future (aptitude).

    • Norm-reference tests – Standardized tests that compare’s a student’s performance to that of peers. Such tests can tell you where the student stands in relation to other students the same age or grade.

    • Criterion-referenced tests – Measures what the student is able to do or the specific skills a student has mastered. Does not measure against other students but against standard criteria.

    • Functional assessment – Looks at how a student functions at home, at school and in the community. For some students it means assessing reading, writing, and math skills. For other students, it evaluates the student’s ability to ride a bus, dress independently or handle money.


    Common ways test information is reported:

    • Age equivalent – Compares student to others of the same age.

    • Grade equivalent – Compares students to others of the same grade.

    • Standard scores – Generally sets the mean of the test to be 100 with a standard deviation of 15 creating a range from 85 to 115.

    • Percentile ranks – Identifies and compares students in how they rank.

    • Subtests scores – Many tests have subtests which have a reported score in a particular area.


    What if the parent is not in agreement with the school’s evaluation?


    If the parent disagrees with the results of an evaluation, the parent has the right to obtain an independent educational evaluation (IEE) at the school district expense. An IEE is conducted by a qualified examiner not employed by the school district. The school district must provide parents with a list of names of possible examiners and provide the IEE at no cost to the parents.


    If the school district denies the request for the IEE, the district must initiate a due process hearing to show that its evaluations were appropriate. When provisions are made for an IEE, the evaluation must be accomplished under the same criteria that the district uses for its evaluations. The school district may not unreasonably delay an IEE and must consider the results of the IEE when determining eligibility or developing the IEP. When the IEE is complete, the parent may ask for a written report.


    COLORADO STUDENT ASSESSMENT PROGRAM (CSAP)


    The Colorado Student Assessment Program (CSAP) is an assessment required by the No Child Left Behind Act (NCLB) administered by the Unit of Student Assessment in the Colorado Department of Education (CDE). The CSAP is designed to measure how well students are learning material from the Colorado Model Content Standards, the established content standards that all Colorado public school students should learn. The CSAP only tests four (mathematics, reading and writing, and science) of the thirteen subject areas in the Colorado Model Content Standards. Starting in 3rd Grade, and continuing until 10th Grade (Sophomore year of High School), all students are expected to take their grade level's version of the CSAP, testing for which typically occurs during the Spring semester from early February to late March. The 3rd and 4th Grade versions of the CSAP are also available in Spanish. CSAP is graded on a scale of four proficiency/performance levels. Level 4 is referred to as "advanced," level 3 as "proficient," level 2 as "partially proficient," and level 1 as "unsatisfactory."


    In addition to the CSAP, Colorado is also subject to the same requirements as the rest of the United States in the NCLB. The Colorado Department of Education's plans to make Adequate Yearly Progress (AYP) are published on their website. Results from the CSAP, CSAPA, and graduations rates are used to create AYP calculations for Colorado school districts. If a school is receiving a Title I grant and does not meet all the requirements of their AYP for two consecutive years in the same content area the school must create a School Improvement Plan. The school district is also required to provide transportation for students from the school not meeting their AYP to a higher performing school in the same district.


    GOALS AND OBJECTIVES/BENCHMARKS


    The following are guidelines for the development of appropriate goals and objectives/benchmarks:

    • Identify and acknowledge long-term outcomes – The ultimate success of a student’s educational program is how prepared the student is for life in the community. Regardless of the age of the child, this process can begin early. Person-centered planning provides a tool to help the family and the child to have a long-term vision for the future. Person-centered planning may be incorporated into the development of the IEP.

    • Make goals meaningful and important – In most situations, goals must be tied into state standards. It is important to develop goals that have purpose and addresses the present level of functioning.

    • Short-term instructional objectives/benchmarks should be observable and measureable – These objectives should be observed and quantified by percentage, frequency and duration. Multiple professionals and family members should be able to reach consensus regarding whether the student has reached the objective.

    • Objective should be context specific – Different contexts require different expectations. For example, the type of social skills and behaviors allowed at recess would be different from those allowed in the classroom.

    • Criteria must be written in a manner that is measurable – In order to document progress, objectives must be stated with criteria that allows for data collection which will demonstrate whether or not the student has made adequate progress.

    • Behavioral objectives should be stated in the positive – The IEP is a document that provides guidelines for the student to learn. While some adults may attend to negative behaviors, the desired outcome is to eliminate, decrease or replace the behavior with appropriate actions and responses.


    Access Skills – Underlying skills for students to attain content standards, employment, community and life skills.


    Communication and Language Skills

    • Attending

    • Listening

    • Interpreting meaning

    • Responding to others

    • Expressing self

    • Gaining/maintaining attention

    • Following and giving directions

    • Attaching meaning to a symbol

    • Acknowledging and honoring other’s statements of needs, wants and feelings

    • Using alternative communication methods


    Decision-making and Problem-solving

    • Using conflict resolution

    • Initiating activities and tasks

    • Setting goals to plan for action

    • Using time in appropriate ways

    • Self-monitor behavior, time

    • Transitioning from one environment/activity to another


    Self Advocacy/Self Determination

    • Asking for and/or accepting peer support

    • Assessing situations for equal access and asking for adjustments when appropriate

    • Expressing physical needs

    • Expressing personal preferences and choices

    • Expressing understanding of difference

    • Describing personal learning limitations

    • Negotiating

    • Evaluation effectiveness of learning strategies

    • Developing and maintaining a support network

    • Acting independently based on knowledge of personal needs and preferences

    • Advocating for others as well as issues and ideas


    Physical

    • Maintaining personal appearance

    • Managing physical/medical needs

    • Managing mobility requirements

    • Manipulating materials and equipment

    • Accessing communication/technology equipment


    Inter/Intrapersonal

    • Demonstrating socially acceptable behaviors

    • Working cooperatively with others

    • Having interests and leisure skills

    • Using self-regulation techniques

    • Applying conflict management techniques

    • Dealing with change


    Organization

    • Demonstrating time management skills

    • Gaining and applying study skills and learning strategies

    • Managing self

    • Self-monitoring

    • Using and organizing materials appropriately

    • Sequencing events to plan

    • Identifying and accessing resources


    Technology

    • Demonstrating computer literacy

    • Selecting appropriate technology

    • Applying technology

    • Using keyboarding and input device skills

    • Using technology information


    Career Development

    • Demonstrating the ability to pursue and maintain employment choices

    • Selecting career areas of interests and abilities

    • Shadowing or training in selected areas

    • Identifying vocational education needs


    ACCOMODATIONS AND MODIFICATIONS


    Accommodations and modifications are used so students can be successful in the general education classroom. These can include changes in the method of instruction, curriculum and the environment. Deciding which accommodations and/or modifications to use depends on the assignment and the needs of the individual student.


    Accommodations are changes in how a student accesses information and demonstrates learning. Accommodations do not substantially change the instructional level, content or performance criteria.


    Modifications are changes in what a student is expected to learn. The changes are made to provide opportunities for a student to participate in a meaningful way along with other students in the classroom.


    Possible Accommodations:

    • Access to varied reading strategies

    • Use of manipulatives

    • Use visual cues or schedules

    • Use of graphic organizers

    • Substitute materials with lower reading level

    • Simplify instructions

    • Pre-teach vocabulary

    • Provide assignments in advance

    • Adjust length of assignment or time needed to complete assignment

    • Provide teacher or student notes

    • Books on tape

    • Study guides

    • Adapt worksheets

    • Provide highlighted text

    • Provide preview of vocabulary

    • Use of visual timeline for long assignments

    • Preferential seating

    • Paired seating with a learning buddy

    • Allow additional response time

    • Structure and routine with consistent expectations and consequences

    • Positive reinforcement and frequent feedback

    • Additional time to transition between activities

    • Self-monitoring techniques

    • Breaks

    • Large print, calculator, tape recorder, word processing

    • Additional time to complete tests

    • Take tests orally

    • Reduce the number of items to complete

    • Break assignments into smaller sections


    Possible Modifications:

    • Modify expectations, tests and/or grades

    • Teach only essential concepts and/or vocabulary

    • Outline in place of essay for major project

    • Use picture choices on tests

    • Alternative books or materials on same theme or topic

    • Spelling support through a spell check program

    • Word bank of choices for answers to test

    • Use of calculator on math test

    • Questions re-worded using simpler language

    • Projects substituted for written reports

    • Key words and phrases highlighted


    Possible Behavioral Accommodations/Modifications:

    • Assign seating away from distractions

    • Adjust schedule to allow for breaks for physical activity

    • Change activities frequently

    • Hands on activities

    • Use nonverbal cueing

    • Plan for shorter instructional sections

    • Provide clear structure, expectations

    • Pre-teach and re-teach behavioral expectations

    • Provide positive feedback for appropriate behavior

    • Preferential seating near peer model

    • Additional time to process information and instructions

    • Supervision during transitions

    • Minimal auditory and/or visual distractions


    RELATED SUPPORT SERVICES


    A free and appropriate public education (FAPE) includes providing related services that a student needs to benefit from special education. Related services means transportation, developmental and other supportive services. This may include speech-language, audiology, academic, mental health/behavioral, occupational and other motor services. The related services will aid a student in attaining annual goals and objectives outlined in the IEP.


    In addition to identifying the type of related service to be offered, the IEP must also specify when the service will begin, the frequency, location and duration of the service. The IEP is a written commitment for the delivery of services to meet a student’s educational needs. Changes in the amount of services listed in the IEP cannot be made without holding an additional IEP meeting. There are two basic kinds of related service intervention offered by school districts:


    Direct Services – Generally refers to hands-on, face-to-face interactions between the education professional and the student. The service can take place in a variety of locations.


    Indirect Services – Generally involves teaching and consulting the educational staff that works with the student so that they can implement strategies throughout the school day.


    Where and how services will be delivered will depend on the student’s needs and the school. Related services may be provided in a variety of locations from the resource room to the general education classroom. Best practice calls for support in the natural environment. Services may be delivered on a one-on-one basis or in small groups.


    EXTENDED SCHOOL YEAR


    Extended School Year (ESY) Services are services that are often provided beyond the mandated school year (from September to June). There is a process to go through to see if a student qualifies for ESY services. Determining ESY eligibility is part of the IEP process and requires a discussion and team-based decision.


    ESY services are designed to support a student with a disability as documented under the Individuals with Disabilities Education Act (IDEA) to maintain the academic, social/behavioral, communication, or other skills that they have learned as part of their Individualized Education Program (IEP). ESY services are defined as special education and related services that are provided beyond the typical school year in accordance with the child’s IEP and at no cost to the parents. ESY services are a necessary component of a free appropriate public education (FAPE) for some, but not all, students with disabilities.


    In order for a student to receive ESY services, the student must have evidenced substantial regression and recoupment issues during the previous IEP year or are at risk of losing skills based on predictive data regarding certain factors which are listed below. Not all students are eligible. There is a criterion for eligibility and a student’s eligibility regarding ESY services should be reviewed at their IEP meeting or a separate ESY meeting. Extended School Year (ESY) services are governed by federal law, federal regulation and case law. The federal regulations implementing the IDEA specifically address ESY Services. The court identified a list of predictive factors to be considered when determining ESY services:


    The degree of impairment;


    The degree of regression suffered by the child;


    The recovery time from this regression;


    The ability of the child’s parents to provide the educational structure at home;


    The child’s behavioral and physical problems;


    The availability of alternative resources;


    The ability of the child to interact with children without disabilities;


    The areas of the child’s curriculum which need continuous attention;


    The child’s vocational needs; and


    Whether the requested service is extraordinary for the child’s condition, as opposed to an integral part of a program for those with the child’s condition.


    ESY Services are:

    • For a subset of students, aged 3 to 21, who are eligible for Special Education.

    • Required to maintain existing skills in order to prevent severe regression, which may include the teaching of new skills in order to maintain existing skills, and are derived from targeted goals and objectives from the current IEP.

    • Provided in the least restrictive environment (LRE).

    • Based on the individualized needs of the student.

    • ESY Services, including the type, amount, and duration, are determined by the IEP Team and based on the unique needs of each student.

    • ESY Services are provided at no cost to families; however, when there are two or more appropriate programs, the cost of each option must be considered by the IEP Team


    ESY Services are not:

    • For every student on an IEP.

    • Automatically provided because the child received services the prior summer.

    • Based on a disability category or medical diagnosis.

    • Designed to develop new skills unrelated to the maintenance of existing skills.

    • Required to be provided in integrated settings if the public agency does not provide services at that time for its non-disabled children.

    • Provided as a substitute for daycare, or a one‐size‐fits‐all traditional summer school.

    • Compensatory education (i.e., making up for missed or inadequate services).

    • Designed to replace or duplicate alternative community resources.

    • Intended to make up for absences when the parent opts to remove the child from school.


    BEHAVIOR SUPPORT


    In the case of a child whose behavior impedes the child’s learning or that of others, the IEP team must consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior. Conducting a Functional Behavioral Assessment (FBA) can help you to understand why a student is exhibiting a challenging behavior. An FBA collects information about the student’s behavior to
    determine what the purpose or function of the behavior is. This in turn is used to develop a Behavioral Intervention Plan (BIP) which should include:

    • a description of previously tried interventions and how well they did or didn’t work in changing the behavior

    • a definition/description of the behavior being targeted

    • a description of the interventions that will be used including who will be involved,
      specific procedures that will be followed and an explanation of how data will be
      collected

    • a measurable description of the behavior changes you expect to see

    • a description of how the success of the interventions will be measured

    • a schedule for when/how often the plan will be reviewed to determine its
      effectiveness

    • a description of when and how information will be shared between home and school

    • a description of how the student’s behavior will be handled should it reach crisis
      proportions (This is called the crisis plan)


    10 THINGS YOU CAN DO TO SUPPORT A PERSON WITH CHALLENGING BEHAVIOR


    By David Pitonyak, and is a product of the Family Connection.


    1. Get to know the person. Seems obvious, doesn’t it? However, often people trying to eliminate unwanted behavior don’t know the person behind the behavior. To learn more about the persons with challenging behavior, spend time with that person in comfortable places at times the person prefers.


    2. Remember that all behavior is meaningful. Challenging behavior sends the message of needs not being met. The behavior could mean “I’m lonely,” “I’m bored,” “I have no power,” “I don’t feel safe, “ “I don’t feel valued,” “I have physical pain,” or indicate other needs. A single behavior, too, can reflect several needs. Question other people in the person’s life about what it takes to make that person happy and what makes that person unhappy. Ask other questions about the person’s life. Then try to figure out what times the person does and does not exhibit the problem behavior. Keep in mind that the behavior often has something to do with what the person is asked to do and who is doing the asking. After a while, you should see a pattern to the behavior.


    3. Help the person develop a support plan. Frequently an agency hires a specialist to spend a couple of hours observing a person. The specialist then devises a plan to stop the behavior. It’s hard enough to stop behaviors we choose to stop (for instance, smoking, overeating), let alone behaviors someone else thinks we should stop-without even asking our opinion.


    4. Develop a support plan for the supporters. Create a supportive environment for everyone concerned. Caregivers needs care and support too. A supportive environment also minimizes punitive practices. Service providers who work in environments geared toward compliance and obedience with power control will concentrate on maintaining obedience rather than support.


    5. Don’t assume. Diagnostic labels and past performance often cause people to underestimate another’s potential. Concentrate on the person’s strengths and providing adequate support rather than concentrating on deficiencies associated with the diagnostic label. Speak to the person even if you’re not sure whether the person understands. Never speak about the person with a disability as if that person wasn’t present. It isn’t polite, nor is it supportive.


    6. Relationships make all the difference. Many people with disabilities live in extraordinary isolation. Some depend entirely on their family or paid staff for their social relationships. To overcome this isolation, brainstorm ideas for including the person with a disability in the community and setting up a social support network.


    7. Help the person to develop a positive identity. A person with challenging behavior commonly gets identified as a “problem,” which carries a negative message for the person and those around him or her. Build a positive identity by helping the person find a way to make a contribution and better support those in his or her life. Make sure that the person’s strengths and capabilities don’t get forgotten when reducing or eliminating challenging behavior.


    8. Instead of ultimatums, give choices. If the person uses challenging behavior to express needs, give the person choices and allow the person to make choices throughout the day. Say, “I know you are upset. What will help you calm down? A walk? A different activity?” Rather than “Do it my way, or else.” Choice does not mean free rein. Set limits with the input of the person with a disability. Every relationship has limits.


    9. Help the person to have more fun. Fun is a powerful cure for problem behaviors. Is the person with a disability having the same amount of fun as other people you know? If not, look for things the person enjoys doing. Add to that list. Make fun a goal.


    10. Establish a good working relationship with the person’s primary health care physician. Many people exhibiting challenging behavior might not fee well. Being healthy is more than being free of disease or illness. It also means a balanced diet, good sleep habits, and other good health factors.


    TRANSITION (ages 18 -21)


    As students prepare to move from school to community living and employment, good program planning can help them become independent, productive adults. Early and long-range planning are critical in order for the student to receive many post-school programs or services whether they include support services in college or residential services from an adult provider. In the public education system, students are entitled to free services; however, in the adult system, people must be determined eligible for services based on specific criteria. Students and families are often faced with much paperwork to meet eligibility requirements and some adult services have long waiting lists.


    How Do You Plan?


    Transition planning involves a team of people drawn from different parts of the student’s school and community life. It is important that students be linked to various adult agencies and organizations, such as mental health agencies, vocational rehabilitation, community colleges, housing, and employment and training agencies.
    Transition goals cannot be achieved in one year. Transition planning, services, and activities should be approached as a multi-year process. Young adults themselves, along with their parents, play an important role in the transition process. While involving the student in his/her own transition planning is required by law, perhaps the most important reason for student involvement is to facilitate the development of his/her self-determination skills. These are essential for the student to develop the ability to manage his or her own life.


    What Should the Transition Plan Include?


    IDEA contains detailed requirements for planning the education of individual students including a statement of what must be included in the IEP. Students 15 and over must be invited to attend the IEP meeting. If the student does not attend, the district or BOCES must document how the student’s interests and preferences were considered.


    “(d)(i) Beginning with the first IEP developed when the child is age 15, but no later than the end of 9th grade, or earlier if deemed appropriate by the IEP Team, and updated annually, thereafter, the IEP must include: Appropriate measureable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and when appropriate, independent living skills;…. ”


    After first identifying the student’s long range measureable post school goals in the areas of career/employment, post-secondary education and training, and community or residential needs, the focus of the IEP should be framed to identify the projected course of study related to the student’s post-school outcomes. Consider core courses required for graduation or acceptance into a post-secondary program, any courses and experiences that are modified or specially designed for this student and elective courses. The concept is to think about, plan for and ensure that all courses and educational experiences offered to the student will help them achieve their desired post-school goals or outcomes. Basically, the plan becomes a road map for this student.


    HOW TO ASSIST YOUR CHILD TO BECOME A SELF-ADOVATE


    The ability to self-advocate is important for kids to learn in order to be successful at all stages of their lives. In the past, self-advocacy was a term applied mostly to adults with disabilities, but recently more focus has been placed on teaching this skill to preteens and teenagers.


    Self-advocacy is understanding your strengths and needs, identifying your personal goals, knowing your legal rights and responsibilities, and communicating these to others. Because your child lives with their learning struggles on a daily basis, they must learn how to maneuver through life's challenges and obstacles to make sure their needs are met.


    Until now, you’ve been your child’s best advocate — protecting them from life's harsh realities. But the earlier you teach them to advocate for them self the more prepared they’ll be for life ahead.


    What does self-advocacy look like? Here are some examples, just to get you thinking:

    • Emily is a 35 year old woman with significant cognitive disabilities and some physical disabilities. She does not use words to speak. She receives attendant care services during the day to assist her with bathing, dressing, and going on outings. Emily assists her family in choosing who they will hire as an attendant. She is included in the interview process, and her family watches her non-verbal communication closely to determine her preferences of the applicants. Emily is practicing self-advocacy.

    • David is a 16 year old young man with significant cognitive disabilities. He receives special education services through his local school district. David participates in all of his IEP meetings. He assists in determining his course selection, and tells the committee what kinds of supports he feels he needs or can benefit from. He is included in the discussion of IEP goals and is held accountable for his role in trying to meet those goals.

    • Matt is a 14 year old with cerebral palsy. He uses a wheelchair. His English teacher unwittingly uses demeaning language that Matt finds offensive, like “handicapped” or “non-verbal.” Matt writes his teacher a polite letter explaining his feelings and includes a “people first language” brochure.

    • Kendra is a 12 year old with physical disabilities. She receives physical and occupational therapy but dislikes her therapist intensely. After discussing her feelings with her parents, she schedules a meeting with her principal and her parents to discuss what can be done to change the situation.

    • Candace is a 45 year old woman with significant physical disabilities; she uses a manual wheelchair and a letter board to communicate. Candace believes she could use a power wheelchair and an augmentative communication device, but her therapist tells her there is “no way.” Candace asks to see another, outside therapist for a second opinion.

    • Michael is a 16 year old with a cognitive disability. He has been repeatedly bullied (name-calling and ridiculing) by another student at the high school and finally tells his parents. Rather than going to the principal for him, Michael’s parents encourage Michael to make a report to the high school principal himself or to a teacher that he trusts. They teach him the steps he can take to eliminate the problem and support him to take those steps himself.


    Your child will not automatically have self-advocacy skills the day he/she turns 18, unless you have deliberately provided opportunities to practice along the way.


    TIPS FOR DEVELOPING SELF-ADVOCACY SKILLS


    Understanding Their Learning Problems


    Your teenager must be aware of their strengths and needs in the learning process, strategies that help them succeed, accommodations that bypass limitations, and the type of environment that facilitates learning. You as their parent can help them to gather this information. Attending their IEP meetings is very helpful in this process


    Practicing Communication


    A key component of self-advocacy is knowing how to communicate what you want and need to others. You can assist your child in learning this skill by helping them prepare ahead of time what they will say. Role playing is a great way to practice communication skills. By helping them anticipate different situations, you can raise their level of confidence.


    Identifying Supporters


    It’s important to help your child identify their support system early on. Whom do they trust and feel comfortable talking to — parent, relative, teacher, administrator, counselor, mentor, tutor? They need to have people they can turn to for help


    Knowing Their Rights


    Your teenager should learn what their rights are by law:

    • Individuals with Disabilities Education Act (IDEA) is an education law guaranteeing special education and related services to eligible children with disabilities.

    • Section 504 of the Rehabilitation Act is a civil rights law prohibiting discrimination on the basis of a disability in programs that receive federal monies.

    • Americans with Disabilities Act (ADA) is a civil rights law prohibiting discrimination on the basis of disability in employment, public services, and accommodations.


    Participating Actively


    A great way for a teenager to build self-advocacy skills is for them to attend and participate in meetings to develop their IEP or 504 Plan. They’ll learn how the school plans to help them succeed and hear the reasons behind their recommendations. These meetings give your student an opportunity to share their own goals and have them included. With you present, these meetings can be a safe testing ground for your student to discuss strengths, interests, talents, and needs with school staff.


    Preparing for the Future


    By age 16 (if not before), a child who receives special education services will be invited to attend their IEP meeting to develop a transition plan. They’ll have an opportunity to express their future interests and goals. The transition plan is designed to help them move smoothly from high school to their next stage of life and may include making connections with other community agencies. Least Restrictive Environment


    Least restrictive environment or LRE as it is more commonly called, is one of several vital components in the development of a child’s IEP and plays a critical role, influencing where a child spends his or her time at school, how services are provided, and the relationships the child develops within the school and community. Indeed, LRE is a foundational element in building an appropriate IEP that can improve outcomes for a child – in school and in life.


    In basic terms, LRE refers to the setting where a child with a disability can receive an appropriate education designed to meet his or her educational needs, alongside peers without disabilities to the maximum extent appropriate. As the Federal Department of Education explained in the Analysis of Comments and Changes to the final Part B regulations for The Individuals with Disabilities Education Act (IDEA) in the Federal Register:


    The LRE requirements in §§300.114 through 300.117 express a strong preference, not a mandate, for educating children with disabilities in regular classes alongside their peers without disabilities. (71 Fed. Reg. 46585)


    Since its earliest days, the law has displayed a strong preference for children with disabilities to be educated alongside their peers without disabilities, to the maximum extent appropriate. It recognizes that, in many cases, supplementary aids and services must be provided to a child with a disability to enable him or her to be educated in the general education classroom. Supplementary aids and services can play a pivotal role in supporting the education of individual children with disabilities in the regular educational environment. Simply put, removal of a child with disabilities from the regular education class may occur only if the child cannot be satisfactorily educated in the regular educational environment with the use of supplementary aids and services. The settings in a school where children without disabilities participate are many and varied; all are considered part of the “regular educational environment.” There isn’t a specific standard or level established within IDEA for determining what it means for the education of a child with a disability to be “achieved satisfactorily.” Rather, each child’s IEP is the measuring tool. The IEP team determines if a child’s education is appropriate and if it is being achieved satisfactorily. The IEP may be reviewed and revised, enabling the IEP team to respond to concerns that the child’s education in the regular educational environment “cannot be achieved satisfactorily” and to make necessary and appropriate adjustments or modifications, especially regarding the type of supplementary aids and services provided to support the child’s education in a regular classroom setting.


    Providing supplementary aids and services is essential for many children with disabilities to progress and learn. The term “supplementary aids and services” is defined at §300.42, as follow: Supplementary aids and services means aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with §§300.114 through 300.116.


    Supplementary aids and services can be accommodations and modifications to the curriculum under study or the manner in which that content is presented or a child’s progress is measured, but that’s not all they are or can be. Supplementary aids and services can also include direct services and supports to the child, as well as support and training for staff who work with that child. Determining what constitutes appropriate supplementary aids and services for a particular child is made on an individual basis. Supplementary aids and services are intended to be provided in regular education classes, other education-related settings, and extracurricular and other nonacademic settings. This pretty much covers the gamut of school settings where children might be engaged in learning, interaction, and development. Supplementary aids and services are provided to help integrate children with disabilities


    As already discussed, the frame within which placement determinations begin is the regular educational environment. If a child can be satisfactorily educated in that setting (with needed supplementary aids and services), then the general education class is that child’s LRE. Placing this child in a segregated class or separate program would directly violate the LRE provisions in IDEA. However, the IEP team may determine that the child cannot be educated satisfactorily in the regular education classroom, even when supplementary aids and services are provided. An alternative placement must then be considered.


    This is why schools have been, and still are, required to ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services” [§300.115(a)]. These placement options include:

    • instruction in regular classes

    • special classes,

    • special schools,

    • home instruction, and

    • instruction in hospitals and institutions.


    Having a continuum of placements available “is intended to ensure that a child with a disability is served in a setting where the child can be educated successfully in the LRE” (71 Fed. Reg. 46587). It also reinforces the importance of the individualized inquiry in determining what placement is the LRE for each child with a disability (Id.). As such, the requirement for a continuum of alternative placements supports the fact that determining LRE must be done on an individualized basis, considering “each child’s unique educational needs and circumstances, rather than by the child’s category of disability, and be based on the child’s IEP” (71 Fed. Reg. 46586).


    However: Placement is not an “either/or” decision, where children are either placed in a regular education classroom or they’re not. The intent is for services to follow, or go with, the child, not for the child to follow services. Schools must make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.


    Although the parents of the child are part of the group determining the child’s placement and are likely to be well informed as to the placement decision, schools must still provide parents with prior written notice about the placement decision a reasonable time before it implements that decision (§300.503).


    The notice that the school system provides to parents must be written in language understandable to the general public and in the parents’ native language or other mode of communication (unless it’s clearly not feasible to do so). The notice must also contain specific information, enumerated at §300.503(b), including (but not limited to):

    • the educational placement of the child to be initiated, as proposed by the agency;

    • an explanation of why the agency proposes that placement;

    • a description of each evaluation procedure, assessment, record, or report the agency used as a basis for the placement decision;

    • a description of other options considered and why these options were rejected;

    • a statement that the parents have protection under IDEA’s procedural safeguards and the means by which a description of those safeguards may be obtained; and

    • sources that can help the parents understand IDEA’s pertinent provisions.


    Should the parents disagree with the placement decision, they have recourse to IDEA’s procedural safeguards, which include mediation and due process procedures, as a way of resolving the conflict. A parent of a child with a disability can also file a State complaint.


    STUDENT PROGRESS


    How Will I Know If My Child is Making Progress?


    Children go to school to learn, of course. But parents of children with disabilities often ask, “How will I know my child is learning and making progress?” Parents can answer that question by looking at a variety of data, including information from special education and general education sources and information from outside the school.


    Special education sources


    The Individuals with Disabilities Education Act as amended in 2004 (IDEA) is the special education law that emphasizes educational outcomes for students in special education. IDEA guidelines require that schools track educational progress for children with disabilities. Here are four of the best sources:


    (1) The results of a student’s most recent evaluation.


    Students who may have disabilities are evaluated before special education services can begin. This comprehensive evaluation looks at cognitive and behavioral factors, as well as physical and developmental factors in all areas of suspected disability. The initial evaluation provides a baseline for measuring progress and developing an individualized education program (IEP)*. Once a child has an IEP, the school will reevaluate or review existing evaluation data at least once every three years. You can compare the most recent evaluation report with earlier reports to gauge your child’s progress. Parents have a right to obtain copies of evaluation summaries and to have the information explained to them.


    (2) Measurable annual goals.


    Your child’s IEP must include measurable annual goals. For each goal area, the IEP must record your child’s beginning level of performance, either in a section on “present levels of educational performance” or in the goal statement. Each goal statement must outline the skills or behaviors to be changed, the direction of the desired change, and the expected ending level of performance. You will receive reports outlining your child’s progress toward meeting these goals.


    (3) Progress reports.


    The IEP document must identify how often your child’s progress toward annual goals will be measured and how you will be informed of the progress. Parents must be informed at least as often as parents are informed of their nondisabled child’s progress. Periodic report cards, other written reports, and meetings are among the many ways parents can keep informed about their child’s progress. These sources of information help parents determine whether their child’s progress is ufficient to achieve the IEP’s goals within that IEP year.


    (4) Annual IEP review.


    A new IEP is written annually for children in special education. The IEP must include a statement of the child’s present level of educational performance. Parents can compare this statement to the statement made the previous year. For example, how much has the child’s reading level advanced? How much has the child’s on-task behavior increased?


    Regular education sources


    Children with disabilities have the right to participate in the general curriculum—the curriculum used for nondisabled students— whenever appropriate. Parents can receive additional information from regular education sources.


    (1) Classroom teacher information.


    If your child participates in a regular classroom for all or any part of a day, you can attend teacher’s conferences, open houses, and other typical school events for more information, observations, and feedback about your child’s progress. Daily work, test scores, and report cards can also provide valuable information.


    (2) District wide assessments.


    Students have a right to participate in districtwide assessments as appropriate. These tests compare the academic achievement of students across age or grade level. You can also use these tests to see if your child is making progress when the test is administered from year to year.


    (3) Statewide assessments.


    Children with disabilities also have a right to be included in statewide assessment programs, with appropriate accommodations or modifications to the test if necessary. If the IEP team determines a child cannot participate in statewide testing, even with accommodations, the school must use an alternative assessment for the student.


    (4) No Child Left Behind Act.


    Children with disabilities have a right to be included when schools are evaluated annually to ensure that all students make academic progress. Parents will be informed of how well the child’s school is doing in educating certain groups of children, including those with disabilities.


    Information from outside the school


    School isn’t the only source of information on a child’s educational progress. Independent evaluation and less formal observations can provide a fuller picture of a child’s progress.


    Independent evaluation


    Children can be assessed at non-school facilities, sometimes at the expense of the school district and sometimes at the family’s expense. In either case, independent evaluation results can be compared to previous testing and other progress indicators.


    Observing skills at home and in the community


    You can observe whether your child has generalized a skill taught in school. This means that your child can use the skill in many environments, such as the home and community, as well as in school. For example, is your child’s speech understandable at home and to the server in the restaurant? Can your child do the math worksheet on money and count the change received at the store? Can your child do this skill better than last year?


    What if my child is not making progress?


    If you think your child is not making meaningful educational progress, you can request a meeting to discuss revisions to the child’s IEP. The school cannot guarantee that a child will achieve the goals in the IEP; however, the school must make a “good faith effort” to assist the child to do so. An IEP team meeting can be held to discuss and plan revisions to improve opportunity to make progress. Your child may need changes in:

    • special education or related services

    • assistive technology

    • curriculum or method of instruction

    • educational setting


    If your IEP team cannot agree whether or not your child is making meaningful progress, additional evaluation to provide educational data may be needed.


    Keep Good Records to Track Your Child’s Progress


    Good record keeping is an essential part of the special education process. Parents should save important records in an organized way to use for special education planning and to keep track of their child’s educational progress.


  • Special Education cont'd....


    Special education records to keep include:

    • Individual Education Program (IEP) (the current IEP and at least the past two IEPS)

    • All school Evaluation Summary Reports

    • IEP progress reports

    • Procedural Safeguards Notice

    • Signed release of information forms

    • Notes from IEP meetings and conversations with team members

    • Records of telephone calls made and meetings attended

    • Copies of evaluations done outside of the school

    • Meeting notices


    Regular education records to keep include:

    • Report cards

    • Statewide and district wide assessment scores and reports

    • Awards and samples of schoolwork

    • ndance and health records

    • Annual student handbook

    • Behavior reports (including bus reports, detention, suspensions)


    Parents have many different ways to organize their child’s special education records. The key is to find a system that works best for you.


    ADVOCATING AND COMMUNICATION


    Communicating with Educators


    Collaboration and partnership between you and professionals are essential to the development of family centered early intervention and to the success of the IEP process. You may enhance your involvement in the education process.

    • Prepare for meetings. Know ahead of time the important points you want to make. Make a list and take it with you. Know every person who will be there.

    • Mark important dates on your calendar and attempt to attend all meetings relating to your child.

    • Keep copies of your child's evaluation and assessment information, IEP plans, medical reports and other records in a file. Review important information before attending meetings that are held to plan or review your child's IEP.

    • If possible, take someone with you - to make notes, to help you make a point or merely to provide moral support.

    • Communicate assertively - not passively or aggressively.

    • An assertive person states his/her point of view clearly and listens to what others have to pay. People generally respect an assertive person.

    • A passive person disregards his/her own needs and gives into others. People tend to take advantage of a passive person

    • An aggressive person disregards others and insists on what he/she wants. Others may feel forced to give into the aggressive person - and may resent it.

    • Share your knowledge about your child; things he or she does well, ways he or she learns best, and abilities that other may not be aware of. Bring to meetings your list of questions or information you would like to provide.

    • Ask questions about anything you don't understand. You may find that others will benefit from your taking the time to ask for more information.

    • Express your feelings. Let professionals know when you have concerns about how things are going.

    • Be a good listener. Over the years, you will have the opportunity to gather information from a number of sources about your child and family's needs and about services to meet those needs. When you combine that information with what you know about your child, you will have built a base of knowledge that will assist you in acting as your child's best advocate.

    • Remember, typically there is not just one "right" way to do things and professionals do not have all the answers. They also have questions and doubts about what to do. You and the Birth to Three Program professionals can best shape your child's and family's services through sharing and collaboration.

    • If you say some of what you wanted to say, but not all of it, don't be too hard on yourself. Like other skills, assertive communication comes with practice.

    • Although it's important to stand up for your child's rights, remember it's also often necessary to compromise. Decide ahead of time which points are negotiable for you and which are not.

    • If issues are unresolved, take it to the next level. If you're unhappy with a purchase, for example, you should first address your problem to the store clerk. If that fails to get results, go to the department manager, then the store manager, then the district manager, and finally the company president.

    • Let the school know when you're pleased with what they're doing, not just when you have a problem or a complaint. Positive feedback is always appreciated; it can create a "reservoir" of good will to help you if problems do arise.


    Advocating for Your Child


    General Tips:

    • You are the primary decision-maker for your child.

    • You are a member of the team. Use your knowledge and skills.

    • Keep notes of your concerns and of your child's accomplishments.


    Before the IEP Meeting:

    • Know what assessments are being done. Ask for other assessments if you think they are necessary.

    • Write down your ideas for goals and objectives.

    • You may ask for copies of evaluations/reports on your child so that you can make notes or ask questions at the meeting.

    • If the date and time of the meeting will not work for you, call the school.
      At the IEP Meeting:

    • Take your notes.

    • You may bring anyone you wish to attend the meeting.

    • Be specific when discussing your child's needs and abilities.

    • Make sure you receive a copy of the "parent's rights and responsibility form and sign for it.

    • Stick to the issue at hand. Try not to get side-tracked.

    • Ask questions if you do not understand something.

    • Review all assessments and discuss.

    • List child's strengths and needs.

    • Review current IEP and mastery of goals and objectives.

    • Discuss IDEA eligibility, educational impact of disability, goals and objectives linked to the strengths and needs, intensity of services needed, the least restrictive environment, percentage of time in the regular ed classroom, special accommodations/adaptations, behavioral intervention, if necessary, and the possibility of extended school year.

    • Sign the IEP if you are in agreement, or you may take it home to re-read.


    In Your Child's Program:

    • Maintain contact with the teacher and service providers either through regular meetings, daily/weekly book, or telephone calls.

    • Share information. Stay positive.

    • Go over the IEP every few months. Is it being followed? Are you receiving progress reports on the goals?


      If Problems Arise:

      • If you feel there are problems, speak up. You are advocating for your child.

      • First, talk to the teacher or service provider. There may be a simple misunderstanding and can be resolved by asking questions.


      For more information please link to Reaching Potential


      CONFLICT RESOLUTION


      Informal Resolution of Special Education Issues


      Quality special education services are intensive, individualized and expensive. Because parents want quality services for their children, parent-school conflict can be expected from time to time. It is predictable and because of that, conflict resolution is addressed in the Individuals with Disabilities Education Act (IDEA) which requires school districts to provide procedural safeguards for the educational rights of parents and of students with disabilities. Formal means of resolution of disputes are provided within the law. However, before utilizing formal means of resolution, informally dealing with concerns can be quick and effective. Below are basic steps to follow to resolve issues informally:

      1. Identify the problem. This first step is the key to problem resolution. Be very clear and specific when defining a problem. Write down what the problem is, including examples of what is actually happening and what you think would correct the situation.

      2. Talk to the teacher. After you have defined the issue, talk to the teacher to see if the problem is a simple misunderstanding. This can be the special education or general education teacher. Issues can sometimes be resolved by asking questions or explaining what you expect. The teacher may be able to make changes that will improve the situation. Determine specifically what changes need to be made in order for the issue to be resolved and describe the expected result. Set a time to follow-up and review progress.

      3. Talk to the principal. If you feel like the teacher is not willing to work with you speak to the principal. Whenever possible, resolve the issue at the building level.

      4. Review and change the IEP. If a major change is needed, you may request a meeting to discuss the situation and make changes or additions to the IEP. Although only one annual IEP meeting is required, additional meetings can be held during the year if anyone on the team feels there is a need.

      5. Contact the special education director. If you and the school cannot come to an agreement on how to reach positive solutions, you should then contact the special education director for your school district.

      6. Contact the superintendent and/or the school board. If the issue is still not resolved continue to advocate for your child at the next level.

      7. Begin the formal resolution process. If the issue is still not resolved you may request that the Colorado Department of Education provide a mediator and/or use the due process procedures under the Individuals with Disabilities Education Act (IDEA). This can involve a written complaint or a due process hearing.


      The basis of resolution is communicating effectively. Be assertive; state your concerns clearly and then listen to the person’s response. Try to control your emotions. It can be helpful to state your concerns in a form that focuses on the problem and not the person. An example would be “I felt angry when I found out my child was failing math because I had not been told she was doing poorly,’ instead of “You are not sending home progress reports,” which could cause defensiveness and impede the resolution process.


      Helpful hint: Let the school know when they are doing a good job. Create a reservoir of good will to help if a problem arises.


      REMEMBER:


      You are your child’s best advocate.


      You know them better than anyone else.


      Stand up for your child’s rights!


      Decide ahead of time which points are negotiable.


      Define the problem.


      Try not to assign blame.


      Learn to escalate; follow the chain of command:


      Teacher


      Principal
      Special Education Coordinator
      Special Education Director
      Superintendent
      School Board


      Whenever possible put things in writing.


      Request a reply in writing.


      Set a follow-up time to meet to ensure there is resolution of your concerns.


      Conflicts are common and should be expected from time to time.


      In between time, when things are going good, let the school district know; you will build a reservoir of good will to draw on when you have concerns. This will facilitate resolution.

      FORMAL RESOLUTION OF SPECIAL EDUCATION ISSUES


      Since the enactment of the first federal special education law, Congress has recognized that throughout the special education process disagreements may arise between schools and families. To help address this inevitable conflict, special education law includes procedural safeguards containing several provisions to help schools and families resolve disagreements. In each of the last two renewals of the Individuals with Disabilities Education Act, in 1997 and most recently in 2004, Congress has sought to expand opportunities for early resolution of disputes.


      MEDIATION


      The most informal option on the formal resolution continuum is mediation. Mediation is a confidential process that allows parties to resolve disputes without a formal due process hearing. The mediator facilitates parents and educators toward mutually agreeable solutions for a child. Each person has an opportunity to explain the issue(s) as he or she sees it. The mediator works to clarify the issues, needs and interests of everyone. The mediator is neutral and does not determine who is right or wrong. The focus is developing a mutually acceptable agreement to meet the unique needs of the child with a disability. To request mediation call 303-866-6685 or 303-866-6889.


      In order to have mediation both the family and school district must agree to participate in the process. A successful mediation results in a binding agreement that is signed by the parties and may be enforced in federal or state court. Mediation does not delay or deny anyone’s right to a Due Process hearing or to file a State Complaint. Mediation is most effective when used early in a conflict.


      STATE COMPLAINT


      You may file a State Complaint if you believe the school district is violating special education law. This must be done in writing and sent to the state complaints officer at the Colorado Department of Education (CDE).This process is designed to resolve whether the school is correctly following the procedures of the law, and whether the requirements of the Individualized Education Program (IEP) are being correctly followed. A State Complaint must be filed within one year of the alleged violation, unless it is ongoing. CDE recommends that you contact the State Complaints Officer at 303-866-6767 before filing to ensure you understand the process.


      DUE PROCESS HEARING


      You may request a Due Process Hearing if you believe the school district is violating special education law. You do this by submitting a request in writing to the Special Education Director and to the Colorado Department of Education (CDE). A Due Process hearing is designed to resolve not just whether the IEP is being correctly followed, but also what should be in the IEP in the first place. Generally speaking, this request must be filed within two years of the violation or disagreement. Once you file your request for a hearing, the school district has 15 days to schedule a resolution session. This is a new provision to the updated IDEA which provides an extra step to try and resolve the identified issues without going to a Due Process Hearing. If you choose not to participate in this session you may waive your right and go directly to a hearing. You may also request mediation at any time as a method of resolution. Generally it is highly recommended that you obtain an experienced attorney in special education law. Before starting this process it can also be helpful to contact the Dispute Resolution Department at CDE for any questions regarding the process at 303-866-6685 or 303-866-6767.


      SECTION 504 COMPLAINT


      A Section 504 complaint can be filed if you believe that your son or daughter is being discriminated against in school because of their disability. Section 504 of the Rehabilitation Act of 1973 is a civil rights law, not special education law, which prohibits discrimination against people who are disabled. This type of complaint is filed with the Office of Civil Rights (OCR). If you want to file a Section 504 Complaint contact OCR at 303-844-5695.