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Special Education: The Role of Pediatricians in Ensuring Appropriate Educational Services

By Christina D. Ghio, Esq.The Law Office of Christina D. Ghio, LLC

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Disclosure

I or my spouse/life partner do/does not now or in the past 12 months have a financial relationship with manufacturers of products or providers of services or with any medically related commercial interest relevant to this planned educational activity.

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Goals for Today!

Basic Understanding of the IDEA Process

Basic Understanding of IDEA Requirements

How You Can Help Parents Obtain Special Education Services

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What is IDEA?

The Individuals with Disabilities Education Act (IDEA) is a federal law requiring that children with disabilities receive a free appropriate public education (FAPE)

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Basic Process of IDEA

Referral

Evaluation

Identification

Services

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Referral – Who Can Refer?

Parents, physicians, clinics, or social workers may make a referral for evaluation

School must accept and process the referral

All referrals should be in writing

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Referral – When to Refer

Poor attendance (including truancy)

Repeated suspensions

Unsatisfactory behavior

Unsatisfactory progress in school

Difficulties with/withdrawal from social engagement

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Referral – What You Can Do

Screen and identify developmental delays and refer to Birth to Three or school district for further assessment

Know when children should be referred for initial evaluation and make the referral

Document areas of suspected disability and be specific about areas of concern

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PPT

Decisions are made by the Planning and Placement Team (PPT)

Membership of PPT specifically defined by IDEA and includes parents and, if appropriate, child

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Evaluation

IDEA establishes procedures for evaluation:

all areas of suspected disability multidisciplinary determined by PPT consideration of existing information/data comprehensive Parental consent required for initial and

re-evaluation

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Evaluation

Parents can bring in evaluative information

Right to an Independent Educational Evaluation (IEE)

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Evaluation – What You Can Do

Help parent identify appropriate areas for assessment

Help parent convey concerns to the PPT

Write letter documenting specific areas of suspected disability that should be assessed

Participate in the PPT

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Identification

Categories of disability identified in IDEA

Mental retardation Hearing impairment Speech and language impairment Visual impairment Serious emotional disturbance Orthopedic impairment

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Identification

Categories of disability identified in IDEA (continued)

Autism Traumatic brain injury Other health impairment Specific learning disability Deafness Blindness Multiple disabilities

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Identification-What You Can Do

Understand Eligibility Criteria

Understand the categories of eligibility

Direct parents to appropriate resources to educate themselves

Participate in or write letter to PPT

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Provision of Services

Individual

Based on child’s needs as determined by the PPT

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Individualized Education Program - IEP

IEP must be developed and implemented within forty-five school days of date of referral (excluding time for parental consent)

must include a statement of the special education, related services, supplementary aids and services, modifications and supports for school personnel to enable the child “to advance appropriately toward attaining annual goals”

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IEP (continued)

Must allow child “to be involved in and make progress in the general education curriculum and to participate in extracurricular and other non-academic activities”

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“to be educated and participate with other children with disabilities and nondisabled children . . .”

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Services – What You Can Do Know that services are based on needs of

the child

Articulate what specific services the child needs in order to progress educationally Related Services Supplementary Services

Document your recommendations

Participate in the PPT

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Homebound and Hospitalized Instruction

Districts are required to provide education when a child is unable to attend school due to a verified medical reason (including mental health issues)

Starting no later than the 11th day

Significant changes to regulations effective July 1, 2013

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Homebound and Hospitalized Instruction

Physician must provide a statement to the board on a form provided by the board stating: You have consulted with school health supervisory

personnel and determined that attendance with reasonable accommodations is not feasible;

Child is unable to attend school due to a verified medical reason;

Child’s diagnosis with supporting documentation; Child will be absent from school for at lest 10

consecutive days OR absent for short, repeated periods of time throughout the school year;

Expected date of return to school

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Homebound and Hospitalized Instruction – Medically Complex

Medically complex means a child who:

Has a serious, ongoing illness or chronic condition for at least one year; and

requires prolonged or intermittent hospitalization and ongoing medical treatments or medical devices to compensate for the loss of bodily functions

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Homebound and Hospitalized Instruction – Medically Complex

PPT must consider the educational needs of the child and the need for instruction to be provided in accordance with the IEP when the child can not attend;

Must make accommodation for child’s educational program moving from school to home/hospital and back

Must begin no later than the 3rd day

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Homebound and Hospitalized Instruction - Disputes

Schools can dispute whether the student requires homebound/hospitalized instruction School’s “medical advisor” or “other health

professional” reviews the information submitted;

Parent must provide consent for consultation If disagreement after consultation, school

may offer review by a qualified independent physician

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Homebound and Hospitalized Instruction

What happens if parent doesn’t want child assessed by independent medical practitioner?

Homebound/hospitalized instruction ends

Board and Parent have a right to pursue due process hearing and/or mediation

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Behaviors and School Discipline

If behavior impedes the child’s learning or that of others, the PPT must consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior

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Behaviors and Discipline

In general, child with a disability may be removed for violation of code of student conduct for 10 days or less

If removal is for more than 10 days OR the child is subjected to a series of removals that constitute a pattern, this constitutes a change in placement and school must conduct a manifestation determination review

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Behavior – What You Can Do

Encourage parent to request a PPT Encourage parent to request FBA Remember IEE is available for FBA Help parents identify positive

behavioral interventions and supports

Make recommendations for BIP Encourage parent to request

manifestation determination review (MDR), when required

Participate in PPT and/or MDR

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Review – How You Can Help Know how “education” is defined

Know when to refer

Write letters

Participate in PPT meetings

Know parents’ rights and when parents should contact an advocate or attorney

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No Cost or Low Cost Legal Services

Connecticut Legal Services (800-453-3320 or 860-344-0380)

Greater Hartford Legal Aid (860-541-5000) New Haven Legal Assistance(203-946-4811) Office of Protection and Advocacy (860-297-

4300) Center for Children’s Advocacy TeamChild

Project (860-570-5327)

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For more information:

Christina D. Ghio, Esq.The Law Office of Christina D. Ghio, LLC

P.O. Box 186Cheshire, CT 06410Ph. 860-580-9443Ph. 203-439-06956Fax 860-516-1550

Email: christinaghio@ctchildlaw.comWeb: www.ctchildlaw.com