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NAVIGATING SPECIAL EDUCATION A Child Welfare Training to Address the Special Education Needs of NAVIGATING SPECIAL EDUCATION A Child Welfare Training to Address the Special Education Needs of Children in Foster Care Judy M. Gerber, Esq. , Adjunct Faculty School of Law SUNY Buffalo 1 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

TRAINING CONTENT & GOALS You will learn about: l l l l 2 the TRAINING CONTENT & GOALS You will learn about: l l l l 2 the links among education and child-wellbeing and child permanency, including the requirements of the NYS Permanency Act the federal and state laws that govern special education and the special education “process” from referral through program implementation How to identify when to refer children for special education evaluation How to “shepherd” children and their families through the special education process The dynamics of a CSE meeting and how to prepare for and participate in a meeting The basis of reading evaluations and IEPs Fundamental advocacy and negotiation skills © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

CLASSIFYING OURSELVES l l The Intermediate Trainee: I know something about special education, through CLASSIFYING OURSELVES l l The Intermediate Trainee: I know something about special education, through professional or personal experience. I can read an educational evaluation, basically understand an IEP and have participated in CSE meetings. l 3 The Novice Trainee: I don’t know much about the special process. I may have attended a meeting of the Committee on Special Education, but I didn’t understand the process very well! The Advanced Trainee: I know quite a bit about special education. I have attended many CSE meetings, can dissect an IEP and am comfortable advocating for children! © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

A SPECIAL EDUCATION PRE-TEST! Question 1 The local social services district (LDSS) may not A SPECIAL EDUCATION PRE-TEST! Question 1 The local social services district (LDSS) may not refer a child to a school district’s Committee on Special Education (CSE) without consent of the birth parent. False! The Commissioner or designee of a public agency responsible for the health, welfare or education of children can make a referral. 4 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Question 2: Child welfare agencies are required to access and maintain certain education records Question 2: Child welfare agencies are required to access and maintain certain education records in the child’s case records. True! Federal and NY child welfare laws require this. 5 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Question 3 When a child transfers from one school to another, the school district Question 3 When a child transfers from one school to another, the school district the child previously attended may release the education records to the new school, without parental consent. True! This disclosure is permitted by FERPA. 6 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Question 4 A student with a special education program who transfers to a new Question 4 A student with a special education program who transfers to a new school district is entitled, in the new school, to continue to receive special education services. True! 7 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Question 5 If a parent disagrees with the school district’s special education evaluation of Question 5 If a parent disagrees with the school district’s special education evaluation of a child, under certain circumstances, the school district may be required to pay for an independent evaluation. True! 8 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Question 6 DSS is authorized to act as the child’s legal “parent” in matters Question 6 DSS is authorized to act as the child’s legal “parent” in matters involving the special education of the child. False! The state and its agencies may not act as the “parent” of children in special education. 9 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Question 7 Family Court is required to refer a child suspected of being disabled Question 7 Family Court is required to refer a child suspected of being disabled to the CSE if the Court is considering placing the child in a child care institution. True! Family Court, DSS and OMH must all make such referrals when considering such a placement. 10 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Question 8 The IEP is the child’s “individualized education program. ” Though it is Question 8 The IEP is the child’s “individualized education program. ” Though it is a written document designed to describe the child’s education program and services, it is not a guarantee of services to the child. False! The IEP does guarantee services included on the document and is legally enforceable by the individual acting as the child’s parent. 11 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Leaders in Innovative Policy Development and Research include: l l l 12 Anne E. Leaders in Innovative Policy Development and Research include: l l l 12 Anne E. Casey Foundation (www. aecf. org) NYS Permanent Judicial Commission on Justice for Children (www. nycourts. gov/ip/justicefor children/) The Chapin Hall Center for Children at the University of Chicago (www. chapinhall. org) The Vera Institute of Justice (www. vera. org) The American Bar Association Center on Children and the Law (www. abanet. org/child/home/html) © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

FOSTER CARE PLACEMENT AND ITS IMPACT ON SCHOOLING: Video: Endless Dreams 13 © 2005 FOSTER CARE PLACEMENT AND ITS IMPACT ON SCHOOLING: Video: Endless Dreams 13 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Challenges to School Success include: l Enrollment Delays l Untimely or No Access to Challenges to School Success include: l Enrollment Delays l Untimely or No Access to School Records l Lack of School Stability (High home and school mobility rates) l Lack of Parental and Adult Advocacy in School Lack of Communication and Integrated Planning among Home, School and Agencies l 14 Lack of Appropriate Educational Services (in general and special education) l l l Lack of Home-based Support for School Efforts Lack of Continuity of Services (Loss of services with changes in placement) © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Concerns in Special Education include: l l l l 15 Delayed referrals, evaluations & Concerns in Special Education include: l l l l 15 Delayed referrals, evaluations & services Missing records and paperwork Overidentification, underidentification & misclassification Inappropriate or untimely classification or services/placement Failure to implement child’s education program Loss of services as child moves to a new school Lack of parental/agency involvement, monitoring or advocacy Lack of integrated planning and services between child welfare agencies and schools © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Adoption and Safe Families Act of 1997: The Governing Principles l ASFA promotes The Adoption and Safe Families Act of 1997: The Governing Principles l ASFA promotes 3 outcomes for children and families: – – – l 16 Child Safety Child Permanency Family and Child Well-being Concurrent Planning: Simultaneous planning for alternative permanency pathways © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Education is a well-being indicator l Federal ASFA regulations identify education as a key Education is a well-being indicator l Federal ASFA regulations identify education as a key criterion in assessing state compliance with ASFA l States must show that “children receive appropriate services to meet their education needs” 17 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

NYS OCFS Regulations, in effect since 1978, require child welfare agencies to: l l NYS OCFS Regulations, in effect since 1978, require child welfare agencies to: l l “make certain that each child receives appropriate educational and vocational guidance” l 18 “take such steps as may be necessary to make certain that all children in care receive education appropriate to their needs and in accordance with the Education law” Maintain an active and direct liaison with any school in which the child is enrolled © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Education is a component of permanency planning l l 19 How does a child’s Education is a component of permanency planning l l 19 How does a child’s current education placement affect decisions to place a child in foster care and, once in care, permanency planning? How does foster care placement and permanency planning affect education? © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The NYS Permanency Bill: Forging the Permanency and Education Link l l Requires DSS The NYS Permanency Bill: Forging the Permanency and Education Link l l Requires DSS to submit worn “Permanency Hearing Reports” to the Court and other players before each hearing l 20 New Family Court Article 10 -A governs permanency hearings Report includes information on the “health, well-being and status of the child” © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Permanency Hearing Reports: The Education Component l The report must include: – – 21 Permanency Hearing Reports: The Education Component l The report must include: – – 21 An update on the child’s educational and other progress since the last hearing A description of the steps taken by DSS or the agency to “enable prompt delivery of appropriate educational and vocational services to the child” © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The NYS Permanency Bill Targets 4 Key Populations l l Pre-Kindergarten l Students Choosing The NYS Permanency Bill Targets 4 Key Populations l l Pre-Kindergarten l Students Choosing not to Obtain a High School Diploma l 22 High School Diploma Bound Students with Disabilities © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Permanency Act and Children with Special Education Needs l Where DSS suspects developmental The Permanency Act and Children with Special Education Needs l Where DSS suspects developmental delay or child has been found eligible to receive early intervention services prior to or during foster care, DSS must document: – – 23 Steps taken to make any necessary referrals to early intervention, pre-school special education and special education, and Any available information regarding any evaluations and services which are being provided or are scheduled to be provided © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

History of Special Education: From Exclusion to Inclusion General attitude of society excluded and History of Special Education: From Exclusion to Inclusion General attitude of society excluded and his people with disabilities, evidenced, for example by: l The “Ugly Laws” l Mandatory Sterilization l Exclusion or warehousing in schools 24 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Section 504 of the Federal Rehabilitation Act l Applies to federally funded organizations/agencies l Section 504 of the Federal Rehabilitation Act l Applies to federally funded organizations/agencies l Two purposes: 1. Antidiscrimination 2. Reasonable Accommodations 25 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The History of the Individuals with Disabilities Education Act (The “IDEA”) l l 26 The History of the Individuals with Disabilities Education Act (The “IDEA”) l l 26 1975 - Congress passed the The Education for All Handicapped Children’s Act (PL 94 -142) 1991: Congress reauthorizes law as the IDEA 1997: Congress reauthorizes, with major revisions 2004: Congress reauthorizes and amends law, with new provisions that particularly affect children in child welfare system © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The IDEA: A Federal Framework for Special Education l l l 27 Provides federal The IDEA: A Federal Framework for Special Education l l l 27 Provides federal funding to states (all 50) which provide special education under IDEA (consistently falling short of promised funds) Establishes detailed framework for identifying children with disabilities and providing special education Each state has unique system of providing special education, within IDEA framework © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Under the IDEA Umbrella: New York’s Special Education Law Article 89: NY’s special education Under the IDEA Umbrella: New York’s Special Education Law Article 89: NY’s special education law l Education Law Article 81: special education law governing children placed in or at risk of placement in child care institutions; governs Family Court, DSS and OMH l NYS Commissioner of Education Regulations: Parts 200 and 201 Advocate’s Tip: Use the Part 200 Regulations as your Bible! 28 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

A Change of Pace: The Art of Arm Wrestling Directions: Arm wrestle for a A Change of Pace: The Art of Arm Wrestling Directions: Arm wrestle for a full minute. Each time you push the other person’s arm down to the table, you will win an M&M. Good luck! 29 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Victory for All: Finding “Win-Win” Solutions l l 30 Theory of Principled Negotiations: “Getting Victory for All: Finding “Win-Win” Solutions l l 30 Theory of Principled Negotiations: “Getting to Yes” Identify your own interests Identify other person’s interests Look for options for “mutual gain”: How can we both win? © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Key Principles of the IDEA and NY Law FAPE Child Find LRE The The Key Principles of the IDEA and NY Law FAPE Child Find LRE The IDEA Appropriate Evaluation Parental Participation Due Process 31 IEP © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Child Find Duties l School districts must seek out children with disabilities, including children Child Find Duties l School districts must seek out children with disabilities, including children who are homeless and in foster care Advocacy Tip for Child Welfare Agencies: Forge ties with schools to promote child find through routine referrals for early intervention, preschool and school aged children 32 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

A Guarantee of FAPE l l Appropriate: individualized program conferring reasonable (not minimal or A Guarantee of FAPE l l Appropriate: individualized program conferring reasonable (not minimal or maximal) benefit l Public: program and placement at public expense and under public supervision; may be in private setting l 33 Free: at no cost or charge to the parent Education: specially designed instruction to meet unique needs of student in variety of settings. Special education broadly encompasses academic, physical, social/emotional and other areas of needs related to school. Includes physical education and transportation. © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Least Restrictive Environment l l 34 The IDEA adopts “LRE” as a principle governing Least Restrictive Environment l l 34 The IDEA adopts “LRE” as a principle governing school programs and placements LRE is a philosophical and legal imperative of the IDEA © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Least Restrictive Environment (“LRE”) Defined: LRE is the “placement of students with disabilities in Least Restrictive Environment (“LRE”) Defined: LRE is the “placement of students with disabilities in special classes, separate schools or other removal from the regular educational environment occurs only when the nature or severity of the disability is such that even with the use of supplementary aids and services, education cannot be satisfactory achieved. ” 35 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Compare and Contrast: Least Restrictive Foster Care Setting for Foster Care vs. LRE for Compare and Contrast: Least Restrictive Foster Care Setting for Foster Care vs. LRE for School l l 36 Inquiry about school placement is separate from inquiry foster care placement Students in highly restrictive school placement may be in least restrictive foster care setting – and vice-versa! © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The NY Special Education Process l l EVALUATION l CSE MEETING AND RECOMMENDATION (IEP The NY Special Education Process l l EVALUATION l CSE MEETING AND RECOMMENDATION (IEP for eligible students) l IMPLEMENTATION l 37 REFERRAL – Consent to evaluate ANNUAL REVIEW Time Frame: 60 school days from consent to implementation © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Acronym Review: Test Your Neighbor… Directions: Take out your acronym list. Test your neighbor Acronym Review: Test Your Neighbor… Directions: Take out your acronym list. Test your neighbor on the terms. Then, reverse roles. Take one minute to review what you missed! 38 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

CSE Referrals: Who may make referral? l l l 39 Parent/person in parental relation CSE Referrals: Who may make referral? l l l 39 Parent/person in parental relation Student, if over age 18 Professional school staff member Physician Judicial officer Commissioner of public agency responsible for welfare, health or education of children, and commissioner’s designee © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Referral l l 40 Must be in writing Submitted to the CSE Chair The Referral l l 40 Must be in writing Submitted to the CSE Chair or building administrator where child attends or is eligible to attend © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Parent, Student or Judge: General Referral l 41 The written referral from these individuals Parent, Student or Judge: General Referral l 41 The written referral from these individuals needs to state that the child is being referred to the CSE. No other information is required. © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Detailed Referrals by School Staff, Child Welfare Agency and Physician l l 42 Must Detailed Referrals by School Staff, Child Welfare Agency and Physician l l 42 Must state reason for referral and include test results, records or reports upon which referral is based Must describe intervention services, programs or instructional methodologies used to remediate student’s performance prior to referral (including supplementary aids or support services) or state reasons no such attempts were made © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Mandatory “Referrals” from Family Court, Local Social Service District, and Office of Mental Health Mandatory “Referrals” from Family Court, Local Social Service District, and Office of Mental Health making residential placements of children l l l 43 “Referrals” (technically, requests for CSE evaluation and report) are mandated for children thought to have a disability who are being considered for placement in a “child care institution” (residential placement) CSE must evaluate child & provide written evaluation and recommendation within 42 days of request Family Court and agencies must use information in determining “the most appropriate placement for the child. ” © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Referrals triggers Notice and Consent Requirements l Receipt of referral triggers CSE duty to: Referrals triggers Notice and Consent Requirements l Receipt of referral triggers CSE duty to: – Send a standard notice of due process rights to the parent – Request parental consent to evaluate the child Advocacy Tip: Review the notice of parental due process rights with biological and foster parents 44 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Due Process Notice l Schools sends Due Process Notice to parent (see Participants’ Manual, Due Process Notice l Schools sends Due Process Notice to parent (see Participants’ Manual, page ) l School district is responsible for informing parents of their rights: Can there be a “conflict” here? Advocacy Tip: Share due process notice with parents, foster parents and others who will benefit from information 45 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Sources of Information on Special Education Process & Due Process l l l 46 Sources of Information on Special Education Process & Due Process l l l 46 Special Education in New York State for Children Ages 3 -21: A Parent’s Guide, available at www. vesid. nysed. gov Various publications at www. vesid. nysed. gov Various education and disability related websites (listed in Participant’s Handbook) © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Parent Role in Education l l 47 The parent is critical to the The Parent Role in Education l l 47 The parent is critical to the education process generally: children with active parents do better in school The parent is critical to the special education process: the word parent appears over 100 times in the IDEA! © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Parent Roles in Education are Both Legal and Practical l l l 48 Perform Parent Roles in Education are Both Legal and Practical l l l 48 Perform administrative tasks such as gathering records, enrolling in school, etc. Communicate with school personnel Participate in Education planning Provide home-based support for academics and school activities Make important school choices and decisions Monitor school program Advocate for Child © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Who is the parent of a child in foster care? The Shared Parenting Concept Who is the parent of a child in foster care? The Shared Parenting Concept l “Shared Parenting” is typical for children in foster care l Parent Roles are assumed and shared by: – – 49 Birth or adoptive parents Foster parents Kin and family resources DSS and/or child welfare agency personnel © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Parenting Power and Roles are Case Specific. Factors in determining who performs parent roles Parenting Power and Roles are Case Specific. Factors in determining who performs parent roles include: l l 50 Legal relationship among the child, the parent and the state (e. g. , custody? Guardianship? Relative vs. foster parent or kin? ) Emotional relationships among the child, the parent, the foster parent or other kin/family resources Commitment to and capacity to perform various parental tasks Degree of support provided to parents/foster parents or others to perform tasks © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Parent in General Education l l l 51 Who is the “legal” parent The Parent in General Education l l l 51 Who is the “legal” parent in general education (nonspecial education matters) depends on who has custody and guardianship of the child When DSS is the child’s guardian, DSS is generally considered the child’s parent When DSS only has custody, DSS often assumes educational decisionmaking authority, but birth parent (who remains guardian) has authority and rights, too! © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Parent in Special Education: A Critical Player Unique Parent roles in special education The Parent in Special Education: A Critical Player Unique Parent roles in special education may include: l Referring child for evaluation or services l Consenting to evaluation and evaluations l Participating as member at CSE meetings l Requesting independent evaluations of child l Monitoring school compliance with IEP l Advocating for child through informal and formal due process avenues l Enforcing child’s due process rights by requesting hearing and/or mediation 52 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Promoting Parent Representation of Children Under the IDEA l l 53 The IDEA contains Promoting Parent Representation of Children Under the IDEA l l 53 The IDEA contains the word “parent” over 100 times! IDEA and NY law broadly defines parent to ensure that each child has an adult with authority to perform the important parental roles under the law © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Parent in Special Education: Child Welfare Agencies and Caseworkers are Never the Parent! The Parent in Special Education: Child Welfare Agencies and Caseworkers are Never the Parent! l l IDEA promotes a policy of selecting individuals – not agencies or their employees – to act as the child’s parent l 54 DSS and other agents of the state may never act as the child’s parent in special education!! IDEA avoids potential conflicts where the state agency is both serving the child and acting as the child’s “parent. ” The parent should always be the child’s advocate, not the child’s service provider. © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Definition of Parent under New York Special Education law includes: l l l The Definition of Parent under New York Special Education law includes: l l l l 55 Birth or adoptive parent Person in parental relationship (defined in NY Ed. Law section 3212) Person in parental relation designated by the child’s parent under NY General Obligations Law. This includes persons designated who are acting in place of the birth/adoptive parent (including grandparent, stepparent or other relatives with whom child resides) Guardian (but not the State if the child is a ward of the State) Surrogate parent appointed under special education regulations Foster parent (unless prohibited by NY law, regulations or contractual obligations) Person(s) identified by judicial decree or order to act as the parent or make educational decisions on behalf of student © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

A “Person in Parental Relation” includes: l l l 56 Father or mother, stepfather A “Person in Parental Relation” includes: l l l 56 Father or mother, stepfather and stepmother and legally appointed guardian Custodian. The custodian is a person who has assumed the charge and care of the child because of the death, imprisonment, mental illness or institutionalization of the parents or legally appointed guardian, or because the parents or legally appointed guardian have abandoned or deserted the child, are living out of the state or their whereabouts are unknown. A person appointed by the parent under the NY General Obligations Law Title 15 -A. Practice Tip: Facilitate appointments of parents through the General Obligations Law! © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Birth Parent is Presumed to Be the Parent! l In New York, the The Birth Parent is Presumed to Be the Parent! l In New York, the birth or adoptive parent is presumed to be the parent and takes priority over the foster parent! l The NY Regulations provide that “when one or more than one party is qualified…to act as a parent, the birth or adoptive parent must be presumed to be the parent unless the birth or adoptive parent does not have legal authority to make educational decisions for the student. ” l 57 BUT, if a court order or decree identifies a person to act as the parent or to make educational decisions on behalf of the student, that person is considered to be the parent © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

When there is no “Parent”: Appointing a Surrogate Parent A surrogate parent is appointed When there is no “Parent”: Appointing a Surrogate Parent A surrogate parent is appointed to act in place of parents or guardians when l A student’s parents or guardians are not known l After reasonable efforts, the board of education cannot discover the whereabouts of a parent l The student is an unaccompanied homeless youth l The student is a ward of the state and does not have a parent who meets the legal definition of parent (Note: The foster parent is considered a parent if the birth/adoptive parent is not legally the parent) l The rights of the parent to make educational decisions have been “subrogated” by a judge 58 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Powers of the Surrogate Parent The Surrogate Parent may represent the child in all Powers of the Surrogate Parent The Surrogate Parent may represent the child in all matters regarding the identification, evaluation, placement and provision of a FAPE to the child. 59 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Who may select the surrogate parent? The Surrogate Parent may be selected by either: Who may select the surrogate parent? The Surrogate Parent may be selected by either: l l 60 The Board of Education of the school district, appointing the person off a list kept by the Board A Court overseeing the care of a child © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The request to the CSE for a surrogate parent and the timeframe for appointment The request to the CSE for a surrogate parent and the timeframe for appointment l l l 61 Any person whose work involves education or treatment of students and who knows of a student who may need special education services, and who knows that the student meets the criteria for a surrogate parent may file a request with the CSE The CSE must determine if an appointment is needed The surrogate parent must be appointed within 10 days from that determination © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Qualifications of Surrogate Parent l l 62 Knowledge and skills to ensure adequate representation Qualifications of Surrogate Parent l l 62 Knowledge and skills to ensure adequate representation of the child Cannot have interests which conflict with the interests of the child Cannot be an officer, agent or employee of the school district, the State Education Department or the agency which is involved in the education or care of the child May be an employee of a nonpublic agency that only provides non-educational care for the child if the person otherwise meets the criteria for appointment © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Court’s “Possible” Role In Appointing Substitute Parents The IDEA defines parent to include The Court’s “Possible” Role In Appointing Substitute Parents The IDEA defines parent to include someone appointed by the Court to act as the parent l Perhaps judges will begin to take steps to “subrogate” parental decision-making rights (appointing a substitute) Advocacy Tip: Talk about who is the “parent” with the Court and keep the Court apprised of concerns about parent authority. Try asking for a parent appointment, if you think it is appropriate! l 63 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Role of the Child Welfare Workers includes: l l l l 64 l The Role of the Child Welfare Workers includes: l l l l 64 l Oversee the process Refer children for evaluation and services Participate in education planning Attend formal CSE meetings & informal school meetings Facilitate discussion and advocacy Ensure the child has a legal “parent” who is doing the job required Advocate for the child Monitor school compliance Report to the court © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

What is Consent? Consent is voluntary and may be revoked at any time. It What is Consent? Consent is voluntary and may be revoked at any time. It means that the: l Parent understands and agrees in writing to the activity for which consent is sought l Parent is fully informed of all information relevant to consent l Parent is provided information in native language or mode of communication 65 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Bypass of Consent Requirement for Foster Children Lacking a Parent l l 66 Consent Bypass of Consent Requirement for Foster Children Lacking a Parent l l 66 Consent is generally required to evaluate a child Consent may be bypassed for a foster child whose parents’ rights have been terminated and who has no foster parent (e. g. , resides in a group home or residential facility) to give consent to evaluate © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Overriding Failure to Consent: Due Process Option l l 67 School district may request Overriding Failure to Consent: Due Process Option l l 67 School district may request impartial “due process” hearing to receive authority to evaluate without parental consent But, as process unfolds, school district may not override parents’ decision to withhold consent to provide services!! © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Avoiding Delays in Obtaining Consent: Practical Tips l l l l 68 Keep standard Avoiding Delays in Obtaining Consent: Practical Tips l l l l 68 Keep standard “consent to evaluate” forms on hand Obtain written consent from birth parent at first opportunity Obtain written consent from other person that may be eligible to serve as parent With referral to CSE, include the consent form (not mandatory, but hastens the process) If consent can be bypassed, indicate this in referral Request school district initiate an impartial hearing if birth parent will not consent to evaluate Quickly involve law guardian and/or Family Court if lack of consent is a problem (don’t await next court appearance) © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

A Scenario: The Story of Jimmy Consider: l When and whether to refer Jimmy A Scenario: The Story of Jimmy Consider: l When and whether to refer Jimmy to the CSE l The content of his referral l Who may serve as Jimmy’s parent l Requesting a surrogate parent 69 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Jimmy Bean, cont. 70 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Jimmy Bean, cont. 70 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Multidisciplinary Evaluation: Its Purpose & Use l l l 71 to assess the The Multidisciplinary Evaluation: Its Purpose & Use l l l 71 to assess the relative contribution of cognitive, behavioral, physical and developmental factors, to gather functional, academic and developmental information about the student to determine whether the student has a disability to determine the content of the IEP to determine the student’s ability to participate and progress in the general education curriculum © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Timing of the Initial Evaluation l Complete within 60 calendar days from receipt of Timing of the Initial Evaluation l Complete within 60 calendar days from receipt of parental consent (note: entire process must be completed, including program implementation, within 60 school days) l If student moves mid-evaluation, subsequent school district must: – – 72 ensure prompt completion of the evaluation; parent and school must agree to specific time when evaluation will be completed © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Using the Part 200 Regulations: What are the components of an evaluation? 1. 2. Using the Part 200 Regulations: What are the components of an evaluation? 1. 2. 3. 4. 73 Locate the section governing evaluation of children Identify the components of the special education evaluation Locate the provision regarding a vocational assessment Locate the provision regarding children with behavior that impedes learning © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Answer: The Components of an Evaluation l l l l 74 Individual psychological The Answer: The Components of an Evaluation l l l l 74 Individual psychological evaluation (except if school psychologist, after assessing child, deems it unnecessary) Social history Physical examination Observation of child in current educational setting Vocational assessment of child age 12 and older Other “appropriate evaluations” necessary to ascertain physical, mental, behavioral and emotional factors which contribute to suspected disabilities A “functional behavioral assessment” for a child whose behavior impedes own learning or learning of others © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Strategies for Reading Evaluation Reports l l l 75 Before reading, arrange evaluations chronologically Strategies for Reading Evaluation Reports l l l 75 Before reading, arrange evaluations chronologically and by category (e. g. , psychological, educational, speech/language, etc. ) Read psychological evaluations first Create a chart to summarize important scores and information © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Reading Evaluation Reports: Hunt for Key Information, such as: l l l 76 l Reading Evaluation Reports: Hunt for Key Information, such as: l l l 76 l Description of child’s current functioning in school: how is child actually doing? what are the problems? Accuracy: are the facts and assumptions correct? Has the examiner spoken with important players – family, teacher, etc. , and gotten it right? Testing Conditions: e. g. , was the child cooperative, comfortable, stressed, wearing needed glasses, etc. ? Tests Administered: break down the areas tested Scores: important data from the tests Recommendations: This is the bottom line!! © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

General Types of Tests l l l 77 Intellectual Testing (e. g. , WISC General Types of Tests l l l 77 Intellectual Testing (e. g. , WISC III or IV; Stanford-Binet, 4 th ed. ): assess broad range of cognitive skills (knowledge, reasoning, memory, verbal and perceptual reasoning) Educational Achievement Tests (e. g. , Woodcock-Johnson; WIAT; K-TEA); measure academic achievement or skills in different subject areas, acquired through instruction Personality Tests (e. g. , Draw-a-Person, Children’s Apperception Test; MMPI-A): assess mental and emotional state © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

General Types of Tests, cont. l l l 78 Behavior Rating Scales (e. g. General Types of Tests, cont. l l l 78 Behavior Rating Scales (e. g. , Connors’ Rating Scales, Vineland Adaptive Behavior Scales): questionnaires for parents & teachers) Neuropsychological Testing: assess underlying brain processes related to learning, behavior, etc. Discipline-specific testing (e. g. , speech/language, occupational therapy, physical therapy, etc. ) © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

What do the tests tell us? l l 79 Tests draw a picture of What do the tests tell us? l l 79 Tests draw a picture of the child at a moment in time Tests generally indicate where child is in relation to others in the population or in relation to an expected norm Tests establish a baseline Tests, re-administered over time, are a tool to measure progress (or lack thereof), so that comparing scores from one assessment to another is important © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Wrightslaw Rules of Testing l 80 To better understand basics of testing, see From Wrightslaw Rules of Testing l 80 To better understand basics of testing, see From Emotions to Advocacy, The Special Education Survival Guide, by Peter and Pam Wright (see www. fetaweb. com and www. Wrightslaw. com generally) © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Independent Educational Evaluation (IEE) l l 81 CSE must always consider independent, outside The Independent Educational Evaluation (IEE) l l 81 CSE must always consider independent, outside evaluations submitted by parent CSE must finance an independent evaluation (or a component of the evaluation) if the parent disagrees with the school district’s evaluation and asks for district funding, unless the district initiates and prevails at a due process hearing at which it must prove its own evaluation is appropriate. © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Requesting an Independent Evaluation l l l Submit a request in writing to CSE Requesting an Independent Evaluation l l l Submit a request in writing to CSE Chair Identify the evaluation(s) requested (e. g. , psychological, speech/language, etc. ) Identify a deadline for responding to request! 82 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Finding an Independent Evaluator should: l have experience in administering needed testing l be Finding an Independent Evaluator should: l have experience in administering needed testing l be familiar with school environment and types of available services l be available to consult with family, caseworker and school personnel; l be able to timely write and deliver a report on the evaluation 83 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Develop a List of Independent Evaluators Available to Community l l l 84 Contact Develop a List of Independent Evaluators Available to Community l l l 84 Contact school personnel to recommend evaluators in community Contact education attorneys and advocates Conduct survey of various service providers and evaluators (e. g. , psychologists, neuropsychologists, speech pathologists, etc. ) in community regarding experience and availability © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

A Related Topic: The Importance of Accessing Education Records l l l l 85 A Related Topic: The Importance of Accessing Education Records l l l l 85 l Education records provide critical information and perspective about a child’s education history, including, for example: school placements school services (or lack thereof) School attendance School behaviors evaluations parental involvement health needs school-based attachments © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Federal child welfare law mandates regarding education records The Adoption Assistance and Child Welfare Federal child welfare law mandates regarding education records The Adoption Assistance and Child Welfare Act of 1980 requires that: l l 86 Each foster child’s case plan should include education and health records, to extent they are available and accessible Education and health records should be supplied to foster parent or foster care provider at the time of each placement © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Federal law requires each foster child’s case plan to include: l l l l Federal law requires each foster child’s case plan to include: l l l l 87 Names/addresses of child’s educational & health providers Child’s grade level performance Child’s school record Record of the child’s immunizations Child’s known medical problems Child’s medications Any other relevant health and education information concerning the child to be appropriate by the State agency © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

NYS OCFS Mandates on Education Records: Child’s case record should include “educational and/or vocational NYS OCFS Mandates on Education Records: Child’s case record should include “educational and/or vocational training reports or evaluations indicating the educational goals and needs of each foster child, including school reports and Committee on Special Education evaluations and/or recommendations” 18 N. Y. C. R. R. 428. (b)(4)(iii). 88 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Federal Educational Rights and Privacy Act (FERPA) l l 89 FERPA governs disclosure The Federal Educational Rights and Privacy Act (FERPA) l l 89 FERPA governs disclosure of education records and applies to schools and educational institutions/agencies receiving federal funding (including all public schools) Schools operated by private agencies, but which service children “publicly” placed (e. g, placed by CSE, LDSS, Family Court & NYS Office of Mental Health) © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

“Education Records” include: l l 90 “any record that is directly related to the “Education Records” include: l l 90 “any record that is directly related to the student and is maintained by the school or a party acting for the school. ” information recorded in any way, including handwriting, print, computer media, video, audio, film microfilm, microfiche © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Excluded Records Under FERPA, education records do not include: l 91 Teacher/staff “anecdotal records, Excluded Records Under FERPA, education records do not include: l 91 Teacher/staff “anecdotal records, ” kept in their sole possession as a personal memory aid and shared with no one except a temporary substitute © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Key Elements of FERPA l l 92 Ensures privacy and confidentiality of education records Key Elements of FERPA l l 92 Ensures privacy and confidentiality of education records containing “personally identifiable information” (e. g. , name, address and other info that would make it easy to trace the student’s identity) Permits disclosure of basic “directory information” (e. g. , information that is not harmful or an invasion of privacy, such as name, address, field of study, participation in athletics, degrees, awards, etc. ) © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Under FERPA, Parents have these rights: l l 93 To access to own child’s Under FERPA, Parents have these rights: l l 93 To access to own child’s education records To receive records from schools within 45 days of request (but the IDEA standard is different) To request amendment of records that may be inaccurate, misleading or a violation of student’s privacy (with recourse to a hearing) To consent to release of child’s education records to a third party © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The definition of “parent” under FERPA is different from the IDEA l l Under The definition of “parent” under FERPA is different from the IDEA l l Under FERPA, parent is defined as a “natural parent, guardian or individual acting as a parent in the absence of a parent or a guardian. ” l 94 FERPA definition is broader than under the IDEA Non-custodial parents have full rights under FERPA, unless their parental rights regarding education records have been legally revoked by statute, court order or other legally binding document. © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Open Questions: No definitive answers…yet! l Is a child welfare agency (whether public or Open Questions: No definitive answers…yet! l Is a child welfare agency (whether public or private) a “parent” under FERPA, entitled to access children’s records without parental consent or a court order? l 95 Is a foster parent a “parent” under FERPA? (But, if foster parent is the “parent” under the IDEA, foster parent will be parent under FERPA, too!) © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Student Rights to Access Records l 96 Parental rights under FERPA transfer to the Student Rights to Access Records l 96 Parental rights under FERPA transfer to the student at age 18 or when the student attends an institution of postsecondary education © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Parental Consent to Disclosure of Records to Third Parties Consent must be: l written, Parental Consent to Disclosure of Records to Third Parties Consent must be: l written, signed, dated l state the records that may be disclosed l state the purpose of the disclosure l Identify the party to whom the disclosure may be made 97 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Permitted Records Disclosure without Parental Consent include: l l l 98 School officials within Permitted Records Disclosure without Parental Consent include: l l l 98 School officials within the school district: records may be shared among school officials, including teachers, determined to have “legitimate educational interests” School officials from other districts in which child is enrolled or intends to enroll Judicial order © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

IDEA Provisions on Education Records l l l 99 Schools must comply with records IDEA Provisions on Education Records l l l 99 Schools must comply with records requests without unnecessary delay and before any meeting regarding an IEP or a due process hearing Schools must provide explanations and interpretations of records on parent request School may presume parental authority to inspect/review records absent evidence otherwise © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Advocacy Tip: Request Information on Composition of a Proposed Class Placement l 10 0 Advocacy Tip: Request Information on Composition of a Proposed Class Placement l 10 0 Request information on proposed class composition (other students’ ages, classifications, intellectual and learning levels, and services) © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Transmittal of records when children move. The IDEA requires: The new school district in Transmittal of records when children move. The IDEA requires: The new school district in which the child enrolls to take reasonable steps to promptly obtain the student’s records, including the IEP and supporting documents relating to special education from the previous school l The previous school to take reasonable steps to promptly respond Note: Failure to do this can be a denial of FAPE!! l 10 1 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Identifying Important Records l l l l Cumulative record or transcript Attendance Report cards Identifying Important Records l l l l Cumulative record or transcript Attendance Report cards Standardized Test Results Academic and other progress reports Health Discipline l l l – – – l 10 2 IEPs Section 504 Plans Individualized Assessments such as: Psychological Educational Speech/language Visual Physical Therapy Notes and Correspondence © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Organizing Education Records l l l Create education binder or folder Organize records chronologically Organizing Education Records l l l Create education binder or folder Organize records chronologically Maintain coversheet that readily identifies – – – l 10 3 History of home placements History of school placements Listing of school evaluations and dates Listing of school eservices Listing of special education, including classification Maintain separate correspondence/notices section © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Ideas for an Initiative: The Education Passport l l A “passport” can facilitate child’s Ideas for an Initiative: The Education Passport l l A “passport” can facilitate child’s movement from one placement to another and entry into adulthood Develop passport that includes, for example: – – – 10 4 Birth certificate Immunization records Physical examination records Cumulative School record or transcript IEP or Section 504 Plan Documentation of general education services received © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Committee on Special Education l l 10 5 Administrative body in school district The Committee on Special Education l l 10 5 Administrative body in school district responsible for special education decisions Conducts initial and annual review of child, recommending eligibility for services and IEP Schools may have CSE or “sub-CSE” (in NYC, different names may be used, but carry out same function) Technically, the CSE makes recommendation to Board of Education, but in practice, Board rarely declines to approve an IEP (if so, may return matter to CSE for further review; may even appoint a new CSE!) © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Committee on Special Education: The Members l l l l 10 6 l The Committee on Special Education: The Members l l l l 10 6 l Parent of student Supervisor/provider of special education knowledgeable about general curriculum and school resources (typically the CSE “Chair”) School psychologist Student’s regular education teacher Student’s special education teacher(s) or, if appropriate, service provider Parent of a school-aged child in district who has a disability (the “parent member”) or parent of a child who has been declassified or graduated within the last five years. School physician, upon request Others with knowledge or expertise regarding child, invited by parent or school district © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Notice of CSE Meetings l l CSE must give parents written notice of meeting Notice of CSE Meetings l l CSE must give parents written notice of meeting at least 5 days before meeting Notice must include, among other things: – – – 10 7 Purpose, date, time and location Name and title of those expected to attend Indicate parent has right to participate as a member © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Questions about parental participation in the CSE What is the duty of the CSE Questions about parental participation in the CSE What is the duty of the CSE to accommodate a parent’s schedule? 2. What options are available if a parent can’t get there but wants to participate? 3. Can the CSE make a recommendation without the parent present? Hint: Search in 8 NYCRR section 200. 5 1. 10 8 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The CSE Meeting: Determining Student Eligibility for Services The Inquiry: Does the student fall The CSE Meeting: Determining Student Eligibility for Services The Inquiry: Does the student fall within one of the 13 classifications of disability? Does the child need special education? 10 9 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Pre-Referral Strategies l l l 11 0 Before classifying the child, the CSE must Pre-Referral Strategies l l l 11 0 Before classifying the child, the CSE must examine pre-referral (“early intervening”) strategies Pre-referral strategies include, e. g. , academic intervention services (AIS) and educationally related supports services (e. g. , speech/language, occupational therapy, reading remediation, counseling) and supplemental educational services. If services have not been sufficient, child may need special education © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

13 Special Education School-Aged Classifications l l l l 11 1 l Deafness Deaf-blindness 13 Special Education School-Aged Classifications l l l l 11 1 l Deafness Deaf-blindness Emotional Disturbance (ED) Hearing Impairment Learning Disability (LD) Mental Retardation (MR) Autism Multiple Disabilities l l l Orthopedic Impairment Other Health Impairment (OHI) Speech or Language Impairment (SLI) Traumatic Brain Injury Visual Impairment © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Find the Classification! l l l 11 2 l Dyslexia Asthma Depression Cleft Palate Find the Classification! l l l 11 2 l Dyslexia Asthma Depression Cleft Palate Traumatic brain injury caused by parental abuse Asperger’s Syndrome School phobia Central auditory processing disorder Cerebral palsy Blindness in one eye Downs Syndrome Attention deficit hyperactivity disorder © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The CSE Mission: Designing an Individualized Education Program (IEP) The IEP, in a detailed The CSE Mission: Designing an Individualized Education Program (IEP) The IEP, in a detailed fashion, l identifies the child’s performance, needs, and measurable goals l Identifies the child’s school placement, program and services (that is, all special education resources provided to the child) l Imposes a legal duty upon school districts to provide all programs, services, aids and accommodations, etc. , listed in the IEP 11 3 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The IEP Checklist l l l 11 4 Participant’s Manual identifies list of items The IEP Checklist l l l 11 4 Participant’s Manual identifies list of items to include in an IEP Use the checklist to review the IEPs of children to see if these items are addressed properly Use the IEP checklist when you wish to brainstorm on possible services for child © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

A Good IEP is a “SMART” IEP l l l 11 5 Specific Measurable A Good IEP is a “SMART” IEP l l l 11 5 Specific Measurable Action Words Realistic Time-limited © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

A Good IEP is “Needs Driven” l 11 6 If an IEP is “needs A Good IEP is “Needs Driven” l 11 6 If an IEP is “needs driven, ” what should come first? Identifying the child’s program? Or identifying the child’s needs? © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Identifying the Child’s Present Levels of Performance and Needs l Sources of information, e. Identifying the Child’s Present Levels of Performance and Needs l Sources of information, e. g. : – – – l Types of Information – – 11 7 Parents, Foster Parents, Caseworkers, Therapists School Personnel and Service Providers Evaluators Objective Data Anecdotal Information © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Determining A Child’s Educational Needs: The Four Domains l l 11 8 Academic and Determining A Child’s Educational Needs: The Four Domains l l 11 8 Academic and Functional Achievement, Performance and Learning Characteristics Social Development Physical Development “Management Needs”: Modifications and Resources to bring to school environment © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Develop Annual Goals l l l 11 9 Goals are measurable Progress toward goals Develop Annual Goals l l l 11 9 Goals are measurable Progress toward goals is measured with identified evaluative criteria and procedures Goals include timeline for achieving goal Goals are reassessed over time Short-term objectives are included for severely disabled children exempt from standard state assessments © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Measurable Annual Goals 12 0 Which are measurable? l John will improve his reading Measurable Annual Goals 12 0 Which are measurable? l John will improve his reading comprehension by learning how to identify contextual clues. l Mary will improve his reading comprehension skills by six months as measured by the Woodcock. Johnson. l Susan will identify and master the sounds and symbols of each letter of the alphabet. l Susan will develop strategies to improve her interactions with her peers. © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Maya’s Story Read about Maya’s story and identify what you think her educational needs Maya’s Story Read about Maya’s story and identify what you think her educational needs are. Consider the four domains. Write her needs into a sample IEP! 12 1 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Personal Values and Differences in Education Choices for Families: What is your role? l Personal Values and Differences in Education Choices for Families: What is your role? l l 12 2 Would Maya’s mother identify her needs differently from you? How do you make choices about what’s important for a child – for example, balancing academic against social/emotional goals? © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Special Education Program & Services l l 12 3 Special Education is a “service, Special Education Program & Services l l 12 3 Special Education is a “service, ” not a place!! Services are individualized, but generally come off a “menu” of options included on a “continuum” from less to more restrictive © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Special Education Continuum of Services, generally moving from less to more restrictive Consultant Teacher Special Education Continuum of Services, generally moving from less to more restrictive Consultant Teacher Related Services Resource Room Special Classes Special Day School Day Treatment Residential Program (24 hour) Home and Hospital Instruction 12 month (Extended School Year) Services Interim Alternative Educational Settings 12 4 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Placement must be in the LRE. The regulations require that: The placement of an Placement must be in the LRE. The regulations require that: The placement of an individual student with a disability in the least restrictive environment shall: (1) provide the special education needed by the student; (2) provide for education of the student to the maximum extent appropriate to the needs of the student with other students who do not have disabilities; and (3) be as close as possible to the student's home 12 5 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Related Services Developmental, corrective and other supportive services as are required to assist a Related Services Developmental, corrective and other supportive services as are required to assist a student with a disability, including appropriate access to recreation and other support services and the early identification and assessment of disabling conditions 12 6 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Related Services include, but are not limited to: l l l l 12 7 Related Services include, but are not limited to: l l l l 12 7 Speech-language pathology Audiology Interpreting Psychological Physical Therapy (PT) Occupational Therapy (OT) Counseling (including rehabilitation counseling) Orientation and Mobility l l l Limited Medical Services Parent Counseling and Training School Health Services School Social Work Assistive Technology (AT) devices Therapeutic recreation © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Rest of the Continuum l l l 12 8 Consultant Teacher Resource Room The Rest of the Continuum l l l 12 8 Consultant Teacher Resource Room Self-Contained Classes Home and Hospital Instruction Approved Private Schools Twelve month programming © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Assistive Technology l l 12 9 Assistive Technology Devices include any item, equipment or Assistive Technology l l 12 9 Assistive Technology Devices include any item, equipment or product system (off the shelf or customized) used to increase, maintain or improve the functional capabilities of student Assistive Technology Services directly assist the student in the selection, acquisition and use of an assistive technology device © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Supplementary Aids and Services l Supplementary Aids and Services means: “aids, services, and other Supplementary Aids and Services l Supplementary Aids and Services means: “aids, services, and other supports that are provided in regular education classes or other education-related settings to enable students with disabilities to be education with non-disabled students to the maximum extent appropriate in accordance with the LRE. ” 13 0 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Additional IEP Services may include, for example: l l l l 13 1 Adaptive Additional IEP Services may include, for example: l l l l 13 1 Adaptive Physical Education (APE) Behavioral Intervention Plan (BIP) Transitional Support Services for the teacher (as child moves to less restrictive environment) Transportation Services Travel Training Supplemental School Personnel (teacher aide or assistant) Teacher/staff in-servicing on child’s disability/needs © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Modifications and Accommodations in areas such as: l l l l 13 2 Testing Modifications and Accommodations in areas such as: l l l l 13 2 Testing Homework In the classroom strategies Preferential seating Discipline strategies Field trips Extracurricular activities Transportation © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Transition Services l l 13 3 Children age 15 and up are entitled to Transition Services l l 13 3 Children age 15 and up are entitled to services to promote movement into adulthood Services are described in detail in separate portion of training © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Declassification Support Services l l l 13 4 Students that the CSE no longer Declassification Support Services l l l 13 4 Students that the CSE no longer considers eligible for special education services are “declassified” Declassified students may receive “declassification support services” for up to one year after entering the full-time regular education program. Services are to aid in the transition to the regular education program. © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Section 504: Addressing the Educational Needs of Unclassified Children with Disabilities l l Schools Section 504: Addressing the Educational Needs of Unclassified Children with Disabilities l l Schools have Section 504 policies and procedures in place. Ask for copies! l 13 5 Section 504 Plans are available for children who have a physical or mental impairment which substantially affects a major life activity, including learning. CSE Classification and the IEP provide much greater procedural protections for parent and child © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Section 504 Accommodation Plans l l Examples: A child missing a limb, with diabetes, Section 504 Accommodation Plans l l Examples: A child missing a limb, with diabetes, or with ADHD. l 13 6 Typically available to children whose test scores and performance is strong, despite some factors that interfere with schooling or require accommodation, so that the CSE declines to classify them Section Plans include variety of services and modifications (e. g. , testing modifications, preferential seating, behavioral interventions, steps to address medical needs, etc. ) © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

When Children Move: The Portable IEP l l l 13 7 IEPs are “portable” When Children Move: The Portable IEP l l l 13 7 IEPs are “portable” from school to school For transfers within NYS: Receiving school districts must, in consultation with the child’s parents, provide services comparable to those described in the previously held IEP until it adopts the previous IEP or develops, adopts and implements a new IEP. For children from out-of-state, school must provide comparable services until it conducts an evaluation, if necessary, and develops a new IEP. © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

A Return to Maya’s Story l l l 13 8 l What program and A Return to Maya’s Story l l l 13 8 l What program and services do you think Maya could use in her IEP? Consider the needs you have already identified and the LRE requirements. Be creative! Look at the full list of special education programs and services as your starting point. Fill in your sample IEP. © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Annual Review l l 13 9 The CSE meets each year (typically toward the Annual Review l l 13 9 The CSE meets each year (typically toward the end of the year) to decide the program for the next school year The CSE looks at eligibility for services, progress toward goals, need for evaluation, program and services for new IEP. © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Re-Evaluation l l Not more than once a year, unless parent and school agree Re-Evaluation l l Not more than once a year, unless parent and school agree l 14 0 At least every three years, but more frequently, if parent or teacher request Children should be re-evaluated before a significant change in placement. © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Scope of Reevaluation The reevaluation must be sufficient to determine the student’s: l individual Scope of Reevaluation The reevaluation must be sufficient to determine the student’s: l individual needs, l educational progress and achievement, l ability to participate in instructional programs in regular education and l continuing eligibility for special education. 14 1 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

A Return to Least Restrictive Environment: Inclusion LRE terms: l Inclusion l Integrated Classrooms A Return to Least Restrictive Environment: Inclusion LRE terms: l Inclusion l Integrated Classrooms l Blended Classrooms l Mainstreaming 14 2 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Educating Peter l l 14 3 Watch a year in the life of Peter, Educating Peter l l 14 3 Watch a year in the life of Peter, a young boy who has Downs Syndrome. Consider: Was Peter’s school year a success? What support did the teacher need and get? What impact did Peter’s placement have on the other children? How does Peter’s experience affect your view of the possibilities of inclusion? © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Conflict in Special Education Disagreements arise over issues such as: l Classification (whether and Conflict in Special Education Disagreements arise over issues such as: l Classification (whether and how to classify) l Right to independent evaluations l Failure to comply with procedures in developing IEP l Failure to develop appropriate IEP l Failure to implement IEP 14 4 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Due Process Entitlements: The Due Process Hearing l l Hearings are formal, recorded by Due Process Entitlements: The Due Process Hearing l l Hearings are formal, recorded by a stenographer; typically, lawyers attend and examine witnesses, present evidence, etc. l Hearing officer are trained and appointed off the school district’s rotational list l 14 5 The “Due Process Complaint Notice” initiates the request The complaint notice triggers a pre-hearing resolution session to be held within 15 days of receipt of complaint, which parties may waive. l Hearing must be held and decision issued within strict time periods (determined by certain factors, including whether parties participate in pre-hearing resolution session or © 2005 CDHS College Relations Group Buffalo State mediation and if district attempts to resolve issue). College/SUNY at Buffalo Research Foundation

Due Process Hearing Requests: Pros and Cons l l l 14 6 l Pros Due Process Hearing Requests: Pros and Cons l l l 14 6 l Pros Locks in “Status Quo” or “Pendancy Placement” Quick action: puts child on the front burner Attorney, if involved, may gain fees from school district Other ideas? l l l Cons May halts good will efforts Can damage relationship with school personnel Other ideas? © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Opportunities for Discussion and Settlement during Due Process l 14 7 “Pre-Hearing Resolution Session: Opportunities for Discussion and Settlement during Due Process l 14 7 “Pre-Hearing Resolution Session: ” within 15 days of complaint notice, school must offer parents session to discuss their complaint and the district may attempt to resolve their concerns © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Mediation: A Useful Tool, particularly for children in foster care l l l 14 Mediation: A Useful Tool, particularly for children in foster care l l l 14 8 District must offer mediation when due process complaint is submitted Parent may request mediation even without due process complaint!! Mediation brings players around the table in a neutral setting Mediated agreement is incorporated by CSE into IEP without a CSE meeting Where active parent is lacking, mediation is tool for child welfare personnel to compel a gathering to address issues in which there is conflict!! © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Beyond the Due Process Hearing: Appeals Beyond l l l 14 9 After a Beyond the Due Process Hearing: Appeals Beyond l l l 14 9 After a decision is issued in a due process hearing, parents or the school may further appeal The State Review Officer, an arm of the State Education Department that is independent of the Commissioner of Education, reviews appeals From there, appeals may be heard in state or federal court © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Being a Good Advocate: The Essential Elements l l l 15 0 Be prepared: Being a Good Advocate: The Essential Elements l l l 15 0 Be prepared: know the child, know the facts, know the law Know school and community resources Communicate effectively Learn how to use “principled negotiation” strategies Know when to bring in a trained education advocate!! © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Principled Negotiation: The Win/Win Approach l l l 15 1 Separate the people from Principled Negotiation: The Win/Win Approach l l l 15 1 Separate the people from the problem Identify interests versus positions Find common interests Develop options for mutual gain Look for objective standards Identify your best alternative to a negotiated agreement (BATNA) © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Identifying Positions versus Interests l 15 2 Scenario: Joe is classified as emotionally disturbed Identifying Positions versus Interests l 15 2 Scenario: Joe is classified as emotionally disturbed and is in an inclusion middle school program. He does reasonably well in the classroom, where both the regular and special education teacher use strategies to keep him focused and positive. As he changes from class to class, however, he sometimes gets into arguments with other kids. He also has difficulty on the playground. © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Joe’s Scenario: The Positions l l 15 3 Joe’s foster parent feels Joe is Joe’s Scenario: The Positions l l 15 3 Joe’s foster parent feels Joe is picked on and does not have the ability to stay out of arguments. She worries he may get involved in a physical altercation. She also feels that he gets picked on and that other kids goad him on. She wants the school to assign an aide to accompany him from class to class and to supervise him on the playground. The school district says “no” to an aide. Joe is getting older now and needs to be more independent, not dependent, on adults. The principal says he’s going to have to learn how to handle himself or be subject to discipline, like all the other students. © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

What are the basic positions? Joe’s foster mother: I want ______. The School: We What are the basic positions? Joe’s foster mother: I want ______. The School: We want _______. 15 4 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

What are the interests? Look behind the positions… Joe’s foster mother: My interests are: What are the interests? Look behind the positions… Joe’s foster mother: My interests are: __________ 15 5 Joe’s School My interests are: __________ © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The next steps l l l 15 6 Searching for common interests Developing options The next steps l l l 15 6 Searching for common interests Developing options for mutual gain Look for objective standards Weighing the best alternative to a negotiated agreement Reach realistic, fair agreement Apply these to Joe’s Scenario! © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Communication Strategies l l l l 15 7 Listen carefully and respectfully Use positive Communication Strategies l l l l 15 7 Listen carefully and respectfully Use positive body language Use a positive tone of voice Reframe: State another person’s view in a more positive way (e. g. , instead of “the teacher is incompetent, ” “it is a challenge to for the teacher to find effective tools to work with Joe”!) Ask questions Avoid accusation, blame, etc. Keep the child uppermost in your mind. The child may suffer because of your lack of control. © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Preparing for the CSE Meeting l l l 15 8 Talk about the process Preparing for the CSE Meeting l l l 15 8 Talk about the process with parents/foster parents. Identify who will take lead. Try to work our your own differences and strategies before you enter the room! Assess whether an education advocate is needed. Bring a list of items you wish to discuss and questions you want to ask. Contact CSE Chairperson to let him/her know who is coming (you, parent, foster, parent, CASA, etc. ). Sort out issues of “who is parent” beforehand! Prepare your own agenda and organize yourself. © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The CSE for Maya: A Fishbowl Exercise l l l 15 9 Take your The CSE for Maya: A Fishbowl Exercise l l l 15 9 Take your parts Be a principled negotiator Coach when you’re so inclined! © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Maya’s CSE, cont. 16 0 © 2005 CDHS College Relations Group Buffalo State College/SUNY Maya’s CSE, cont. 16 0 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Transition to Adulthood: Special Education Transition Services Under the IDEA, “transition services” are “a Transition to Adulthood: Special Education Transition Services Under the IDEA, “transition services” are “a coordinated set of activities for a student with a disability, designed within a resulted oriented process that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities…” 16 1 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Transition Services facilitate movement into post-school activities that include: l l l 16 2 Transition Services facilitate movement into post-school activities that include: l l l 16 2 l post-secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. ” © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Age Requirements l 16 3 For those students beginning not later than the first Age Requirements l 16 3 For those students beginning not later than the first IEP to be in effect when the student is age 15 (and at a younger age, if determined appropriate), and updated annually, © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Required IEP Content for Transition Services l a statement of the student’s transition needs, Required IEP Content for Transition Services l a statement of the student’s transition needs, taking into account the student’s strengths, preferences and interests; l appropriate measurable postsecondary goals based on age appropriate transition assessments relating to: – – training, education, employment and, independent living skills, where appropriate 16 4 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Required IEP Content, cont. l a statement of the transition service needs of the Required IEP Content, cont. l a statement of the transition service needs of the students that focuses on courses of study, such as participation in advanced placement courses or a career and technical program; l needed activities to facilitate the student’s movement from school to post-school activities; and l 16 5 a statement of responsibilities of the school district and, when applicable, participating agencies for the provision of transition services. © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The transition services activities must include: (1) instruction; (2) related services; (3) community experiences; The transition services activities must include: (1) instruction; (2) related services; (3) community experiences; (4) the development of employment and other post-school adult living objectives; and (5) when appropriate, acquisition of daily living skills and functional vocational evaluation. 16 6 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Vocational Assessments l l Mandated assessment includes “a review of school records and teacher Vocational Assessments l l Mandated assessment includes “a review of school records and teacher assessments and parent and student interviews to determinate vocational skills, aptitudes and interests. l 16 7 NY mandates a vocational assessment of children age 12 or older in special education. This mandated assessment is a broad screening, known as a “level 1” assessment. ” © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Further In-depth Vocational Assessments can be requested Level 2: an exploration, which involves collecting Further In-depth Vocational Assessments can be requested Level 2: an exploration, which involves collecting vocationally relevant information by administering inventories, assessments and other forms of data collection Level 3: a comprehensive vocational evaluation, which can include situational assessments and on-the-job evaluation of skills, needs and interests 16 8 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Mandated “invitees” to a CSE meeting to discuss transition services l l l 16 Mandated “invitees” to a CSE meeting to discuss transition services l l l 16 9 Parent Student (If the student does not attend, CSE must take steps to ensure the student’s preferences and interests are considered. ) Representatives of agencies likely to be responsible for providing or paying for transition services (If a representative doesn’t attend, the school must make efforts to involve the agency in the planning of any transition services. ) © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Transition Services Planning is Creative and Collaborative l l 17 0 Services can be Transition Services Planning is Creative and Collaborative l l 17 0 Services can be provided in and out of classroom Services can be provided in and out of school in all kinds of settings Services can be provided by teachers, mentors, business people, craftspeople, artisans, coaches, entrepreneurs, professionals, etc. Services can be provided by schools, public agencies and private agencies © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

What if participating agency fails to deliver services or do its part? The CSE What if participating agency fails to deliver services or do its part? The CSE must reconvene to determine another course of action to address the child’s transition service needs 17 1 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Linking Youth to Adult Services l l l 17 2 l CSE plays role Linking Youth to Adult Services l l l 17 2 l CSE plays role in linking to services CSE must notify parents of certain students (generally those with intense needs/severe disabilities) who may need adult services of the opportunity and procedure for obtaining a State agency determination of the student’s need for adult services and a recommendation of appropriate programs With parental consent, CSE may send information on student to OMH, OMRDD, OCFS or NYSED The CSE duty complements that of local social service districts © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Transition: An Opportunity (often lost) for Collaborative Planning between Child Welfare Agencies and Schools Transition: An Opportunity (often lost) for Collaborative Planning between Child Welfare Agencies and Schools l l 17 3 Child welfare laws require services to prepare foster youth with independent living skills Child welfare agencies and schools often do not coordinate © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Federal Child Welfare Law: John H. Chafee Foster Care Independence Act l l Does Federal Child Welfare Law: John H. Chafee Foster Care Independence Act l l Does not mandate services, but provides funding to States for such services l 17 4 Federal law that promotes independent living in housing, employment, education, health and traditional life skills State allots Chafee funds to initiatives around NYS © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

NYS Education and Training Vouchers l l First come-first served basis, offers vouchers to NYS Education and Training Vouchers l l First come-first served basis, offers vouchers to foster youth and former foster youth to help attend colleges, universities and vocational training institutions l Provides up to $5, 000 to use toward tuition, books or qualified living expenses l 17 5 Funded through Chafee On-line applications at www. statevoucher. org/state. xhtml? state=NY © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

NY Permanency Bill: Child Welfare Duties Overlap with Special Education l l 17 6 NY Permanency Bill: Child Welfare Duties Overlap with Special Education l l 17 6 NY Permanency Bill requires that children, age 14 and over receive services and assistance to enable them to learn independent living skills Permanency Hearing Reports must include a description of the services and assistance provided to child © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Student Discipline: General Principles l Special education law imposes a complex process on schools Student Discipline: General Principles l Special education law imposes a complex process on schools to balance the – – – l 17 7 need to address misbehavior of all children, to protect others in the school environment, and to ensure children with disabilities still receive FAPE Children with disabilities may not be subject to long-term suspensions/removals from class if their misconduct is a “manifestation” of their disability (but interim alternative educational settings are valid for dangerousness or incidents involving serious bodily injury, weapons, controlled substances or illegal drugs) © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Red Flags in Discipline Arena l l l 17 8 Reports of poor or Red Flags in Discipline Arena l l l 17 8 Reports of poor or disruptive behaviors in school Frequent discipline (time out, removal from fun activities, detention, no recess, etc. ) Frequent removals from class or suspensions (10 days triggers legal entitlements) Ineffective teacher discipline system (using charts, penalties, rewards) School transfers because of discipline issues Changes in placement, especially to more restrictive environment, because of behavior © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

A Big Red Flag: When Removals/Suspensions Total 10 or more l l 17 9 A Big Red Flag: When Removals/Suspensions Total 10 or more l l 17 9 10 days of removal/suspension from educational placement is a “disciplinary change in placement” and triggers a unique process to protect rights of classified children. 10 days may be 10 consecutive days or 10 cumulative, non-consecutive days in a school year where removal/suspension is a pattern (a pattern is determined by factors such as length of each removal, amount of time removed, proximity of removals. ) © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Functional Behavioral Assessments and Behavior Intervention Plans Special education law requires that IEPs address Functional Behavioral Assessments and Behavior Intervention Plans Special education law requires that IEPs address behavioral components of a child’s disability. Children with discipline issues need: l l 18 0 functional behavioral assessments and behavioral intervention plans. © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

A Functional Behavioral Assessment (FBA) means l l 18 1 the process of determining A Functional Behavioral Assessment (FBA) means l l 18 1 the process of determining why a student engages in behaviors that impede learning and how the student's behavior relates to the environment. The functional behavioral assessment includes, but is not limited to: the identification of the problem behavior, the definition of the behavior in concrete terms, the identification of the contextual factors that contribute to the behavior (including cognitive and affective factors) and the formulation of a hypothesis regarding the general conditions under which a behavior usually occurs and probable consequences that serve to maintain it. © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Behavioral Intervention Plan A BIP is based on the results of a functional The Behavioral Intervention Plan A BIP is based on the results of a functional behavioral assessment and includes: l a description of the problem behavior l global and specific hypotheses as to why the problem behavior occurs and l intervention strategies to address the behavior 18 2 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Questions to Ask: l l l l l 18 3 What are the precise Questions to Ask: l l l l l 18 3 What are the precise behaviors that cause concern? When/where do they occur? What discipline methods are used? How frequently are they used? What are the underlying causes and triggers of the child’s conduct? Is the teacher/staff aware, to the extent necessary, of the child’s unique social history? Has a functional behavioral assessment taken place? (This can identify the triggers. ) Is there a behavioral intervention plan in place? What help does the classroom teacher/school staff need to understand address child’s needs? Would an in-service help? © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

The Basic Rules for All Kids: Suspensions Under 5 Days l l Principals may The Basic Rules for All Kids: Suspensions Under 5 Days l l Principals may suspend any child up to 5 consecutive school days Before suspension, parents are entitled to: – – – l l 18 4 Immediate notice by telephone, if possible Written notice, within 24 hours, describing the incident, & proposed suspension Informal conference with principal If child poses danger, however, suspension may take place immediately Child is entitled to alternate instruction © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Suspensions Over 5 Days for All Kids l l 18 5 A superintendent's hearing Suspensions Over 5 Days for All Kids l l 18 5 A superintendent's hearing is required for suspensions over 5 days The child has a right to counsel and to question and present witnesses The superintendent may recommend suspension and could recommend a school transfer The child entitled to alternate instruction during suspension © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Suspensions Over 10 days for Classified Children: General Procedural Protections l l l 18 Suspensions Over 10 days for Classified Children: General Procedural Protections l l l 18 6 Manifestation Determinations Expedited Evaluations FBAs and BIPs Expedited due process Ongoing entitlement to special education for suspensions over 10 days and in interim alternative placements Special rules for dangerous children and incidents involving serious bodily injury, weapons and drugs © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation

Closing Activity: Special Education Jeopardy 18 7 © 2005 CDHS College Relations Group Buffalo Closing Activity: Special Education Jeopardy 18 7 © 2005 CDHS College Relations Group Buffalo State College/SUNY at Buffalo Research Foundation