This presentation outlines best practices regarding IDEA, Child Find, Evaluations, Eligibility, Individualized Education Programs, and procedural safeguards when working in the area of special education.

1. Special Education 101
Presented by Heather Pierson
Udall, Shumway PLC 480-461-5300

2. DISCLAIMER
The information provided in this document is for informative purposes only and should not be used in place of legal advice.

3. Objective
•Today we will discuss:
–Overview of IDEA
–Child Find
–Evaluations
–Eligibility
–IEPs
–Procedural Safeguards

4. History of Special Education
•Brown v. Board of Education (1954)
–Right to free education for all students
–Separate is not equal
•PL 94-142 (1975)
–11 categories of disabilities
–Introduced FAPE
–Required confidentiality
•IDEA

5. IDEA-Part C
•Purpose is to provide early intervention services to children from birth through age 2.
•In Arizona, this is done one of two ways:
–AZEIP or
–Department of Developmental Disabilities
•https://www.azdes.gov/main.aspx?menu=98&id=3026

6. IDEA-Part C
•Children must demonstrate in a delay in one or more of the following areas:
–cognitive development,
–physical development, including vision and hearing,
–communication development,
–social or emotional development, and
–adaptive development.

7. IDEA-Part B
•Purpose is to provide children with disabilities a Free and Appropriate Public Education (FAPE) and to ensure that the rights of the children with disabilities and their parents are protected
•Provides special education and related services for children ages 3-22
•Guarantees FAPE

8. What is Child Find?
•The IDEA requires that the State have in effect policies and procedures to ensure that all children with disabilities residing within the state are identified, located, and evaluated.

9. What is Child Find?
•Generally, the District in which the student resides is responsible for conducting child find activities.

10. What is Child Find?
•If the student is a parentally placed private school student, then the district in which the private school is located is responsible for child find.
•Homeschool students are treated in the same manner as parentally placed private school students.

11. Evaluation and Placement Process
Request for Evaluation
Evaluation Completed
Not Eligible for Services
Parents Agree
IEP Developed
Placement Determined
Parents Disagree
Eligible for Services
Annual IEP Meeting
Parents Disagree
State Complaint, Mediation, Due Process

12. Assessment/Evaluation
•Purpose is to determine what the child knows and can do:
–Academically
–Developmentally
–Functionally
•Assessment can include
–Intelligence testing
–Academic testing
–Speech and language testing
–Teacher observation
–Classroom observation
–Class work
–Parental report
•If parent/guardian refuses initial assessment, the district may file for due process

13. Qualifying for Special Education Services
•A child who is at least 3 years of age, but less than 22 years of age, who is found to fall into a specific category of disability; and
•Because of the disability, requires special education and related services in order to benefit from an educational program.

14. Categories of Disabilities
•Autism
•Emotional Disability
•Hearing Impairment
•Intellectual Impairment
•Multiple Disabilities
•Multiple Disabilities – Severe Sensory Impairment
•Orthopedic Impairment
•Other Health Impairment
•Preschool Moderate Delay
•Preschool Severe Delay
•Preschool Speech/Language Delay
•Specific Learning Disability
•Speech Language Impairment
•Traumatic Brain Injury
•Visual Impairment

15. THE MET/IEP TEAM
•Parents
•Regular education teacher of the child
•Special education teacher of the child
•District representative
•Individual who can interpret the instructional implications of evaluations results
•Others with knowledge or special expertise re: the child
•The child, when appropriate

16. Role of the Team
–Determine eligibility (MET Team: Group of qualified professionals/parents/others for SLD determination)
–Create an individualized education program (IEP Team)
–Determine placement
How this occurs
–Opinion of every member of the team
–Consensus
–If no consensus, the “District” decides

17. MET/IEP Meeting
Before meeting: Written notice that includes purpose, time, location, attendees
At meeting:
- Review evaluation results
- Determine eligibility
- Develop IEP if needed (and on meeting notice)

18. IEP
Explains what special education and other services a public school will provide to ensure that a child with a disability receives a free and appropriate public education (FAPE).

19. IEP Requirements
Present levels of academic and functional
performance
Must describe how the child’s disability affects the child’s academic and
functional performance
Measurable annual goals
Special education and related services
Projected date for the beginning services
Anticipated frequency, location and duration of services
Who will provide the instructional support services
Level of participation with children without
disabilities

20. IEP Requirements Continued
Accommodations for state & district-wide assessments
Extent of accommodations & modifications of participation in state &
district-wide tests

21. IEP Requirements Continued
Transfer of rights
Beginning at least 1 year before the child reaches 18, a statement that the student has been told of any rights that will transfer to him or her
Arizona State law provides a sample form!

22. IEP Requirements
Continued
The methods of measuring the student’s
progress…
The method of reporting the student’s
progress and how often that progress
will be reported.

23. IEP Requirements
Continued
Beginning at age 16 (or younger), a
statement of transition services to help the
child prepare for leaving school.

24. Procedural Safeguards Notice
Must be provided to parents:
–At least once per year
–Upon initial referral or parent request for evaluation
–Upon filing a due process complaint
–Upon the request of the parents

25. Prior Written Notice
Explains the decisions made by the IEP team or district … in parent’s native language when feasible
Required when the District:
–Proposes to initiate or change the identification, evaluation or educational placement of the student, or the provision of FAPE; or
–Refuses to initiate or change the identification, evaluation or educational placement of the student, or the provision of FAPE.

26. Prior Written Notice
–Describe the school’s action
–Explains the action or refusal
–Describes the evaluation procedure, assessment, record or report used as a basis for the proposed or refused action
–Describes other actions considered & reasons why they were rejected
–Describes other factors relevant to the school’s proposal or refusal

27. Independent Educational Evaluation (IEE)
•A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the district.
•If a parent requests an IEE, the district must
–Ensure the IEE is provided at public expense; or
–File due process hearing to show the evaluation is appropriate.

28. Mediation
Parents & school personnel meet with a mediator and attempt to come to an agreement

29. State Compliance Complaint
•Filed with Arizona Department of Education
•Alleges the school has not complied with special education laws or procedures or has not properly implemented the child’s IEP
•Early complaint resolution OR investigation conducted & findings made
–No corrective action required or corrective action required
•AZ DOE must conclude matter in 60 calendar days from receipt of complaint

30. Due Process Hearing
•Filed with Office of Administrative Hearings
•Related to identification, evaluation, or educational placement of a child with a disability, or the provision of FAPE to the child.
•Resolution meeting is scheduled to try to resolve the complaint.
•Mediation is also available to resolve the complaint.

31. WHY DOES THIS MATTER TO ME?

32. Why Does This Matter?
•You are responsible for portions of child find
•You are responsible for portions of the evaluation
•You are a member of the MET team
•You are a member of the IEP team
•You are responsible for writing IEP goals

33. Why Does This Matter
•You are responsible for providing services
•You are responsible for documenting services that were provided
•You are responsible for tracking goal progress
•You may be the case manager for some of your students

34. Who Can Families Contact for Help?

35. •Raising Special Kids
http://www.raisingspecialkids.org/
•Arizona Center for Disability Law
http://www.acdl.com/

36. Heather R. Pierson
UDALL SHUMWAY PLC
1138 North Alma School Road, Suite 101
Mesa, Arizona 85201
hrp@udallshumway.com | 480-461-5300
www.udallshumway.com
4182837.1