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F.A.P.E. in relation to Autism services.

Reyes Vera

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I.D.E.A. The Individuals with Disabilities Education Act

(IDEA) (20 USCS 1400 et seq.) requires states to provide children with disabilities with a "free appropriate public education," which is defined in 20 USCS 1401(a)(18) as special education and related services that

(1) have been provided at public expense, under public supervision and direction, and without charge;

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I.D.E.A. (2) meet the standards of the state

educational agency; (3) include an appropriate preschool,

elementary, or secondary school education in the state involved; and

(4) are provided in conformity with an individualized education program (IEP).

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F.A.P.E. Specifically designed instruction, at no

cost to parents and guardians, to meet the unique needs of a child with a disability.

“No cost to parents” seems very clear.

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However, What is the definition of appropriate?

Suitable for the occasion or circumstances.

Leaves a big grey area.

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Related Services The term related services in the

regulations of the IDEA (20 U.S.C. 1401.17) is defined as “transportation, and such developmental, corrective, and other support services… as may be required to assist a child with a disability to benefit from special education.”

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Landmark Case BOARD OF EDUCATION OF THE

HENDRICK HUDSON CENTRAL SCHOOL DISTRICT v. ROWLEY

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Rowley A student who was deaf progressing well educationally, academically,

and socially plaintiff felt that she would process information

better if she had an interpreter The court held that an interpreter was above

and beyond what the district needed to provide under EHA (IDEA).

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Rowley IDEA provides reasonable services that

enable a student to receive educational benefit.

Student was provided with services that enabled her to receive such benefits under the law.

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Autism Definition Autism is a life-long neuro-developmental disorder Symptoms can be detected as early as 6 months of age. No known cure. Good outcomes can occur with early intervention The precise neurobiological mechanism that causes autism is not

known. Observation of behavioral characteristics is the primary method

for determining if a child has autism. Characterized by disordered or delayed development in basic

human interactions: the ability to identify and express feelings, communicate with others establish social relationships.

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Autism Definition ASDs are unique when compared to

other developmental disorders in that early intervention= reduction in deficits.

Intensive intervention can have such a huge impact on the symptoms of the disorder, it makes the quality of the intervention for children with autism of the utmost importance.

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Autism Definition considered a "spectrum disorder“ -different children are affected to

different degrees. Can affect mildly to severely . New terminology - Autistic Spectrum Disorder (ASD). May occur along with mental retardation and other specific

language disorders. Disorders on the spectrum include:

- Autistic Disorder- Pervasive Developmental Disorder- Not

otherwise specified (PDD-NOS), - Asperger Syndrome, - Childhood Disintegrative Disorder,- Rett's Syndrome.

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FAPE in relation to Autism

Rowley gave parameters regarding “appropriate” as not being the absolute best/ most expensive.

Families are not satisfied with the programming their child with Autism is receiving.

Parents and LSS’ have different viewpoints about what FAPE is.

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Delaware County Intermediate Unit v. Martin & Melinda K

Case brought into question the appropriateness of different schools of thought over treatment options for students with Autism and other Pervasive Developmental Disorders.

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Delaware County Intermediate Unit v. Martin & Melinda K

Upon a boy turning 3, there was not an appropriate placement in a public school.

Parents withdraw their son from public school and began Lovaas instruction at home

The school district wanted to put him a TEACCH program, however the program was not set up yet.

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Delaware County Intermediate Unit v. Martin & Melinda K

Due process hearing held Hearing officer ruled decision for the LSS Both parties went to the Special

Education Due Process Appeals Panel Panel decision for family was appealed Parties agree to mediation – not

successful Case went to trial

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Delaware County Intermediate Unit v. Martin & Melinda K

Court found that TEACCH program is not appropriate because removal from Lovaas program will result in regression and Lovaas program will continue for no more than 1 year (until child goes to Kindergarten). Parents were entitled to reimbursement of expenses from the beginning of the 1994-95 academic year, including summer training.

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Types of Treatments Discrete Trial Therapy (DTT)

TEACCH

Other treatment options:

Picture Exchange Communication System (PECS)

Pivotal Response Training (PRT) Floor Time

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Lovaas v. TEACCHLovaas (UCLA, Dr. Lovaas) T.E.A.C.C.H. (UNC Chapel Hill)

“Treatment and Education of Autistic and related Communication Handicapped Children”

• Follows principles of applied behavior analysis (ABA) and uses child specific reinforcement to increase the likelihood of student success.•Follows 1:1 (teacher:student) instruction format. (most often beginning in the home with early intervention).•Skills are taught using discrete trial techniques paired with positive reinforcement. Once the skills are mastered, they are generalized to other settings.•Individualized for each student according to the student’s needs. Uses prompting, fading and shaping procedures.

•The main objective of TEACCH is to enable students to function as “meaningfully and as independently” as possible in the community.•Format is often one teacher leading more than one student, but it can be 1:1 (teacher: student) structure depending on the independence level of the students).•Skills are taught through the use of personal schedules, small group instruction and work systems, all of which are designed to improve visual clarity and organization for the student.•Individualized for each student according to the students needs.•Uses structure and organization to teach skills.

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FAPE in relation to Autism

After the Delaware County I.U. case, parents started to realize that they can use due process as way to fight for the rights of their children who are not getting the services they need.

Since 1993, autism related cases have been showing up more and more.

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Deal v. Hamilton County Board of Ed.

• A 3 year old boy (Zachary) with PDD/Autism (Tennessee).

• Parents asserted that the school did not provide FAPE and they were therefore entitled to reimbursement for the costs they incurred after enrolling Zachary in a Lovaas based ABA program.

• The U.S. district court of appeals found that there were no IDEA violations and reversed the partial reimbursement ordered by the administrative law judge (who presided over the initial administrative hearing).

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FAPE in relation to Autism

Issues can range from:• Reimbursement costs of speech/language

and occupational therapy services

• Continuation of services from IFSP to IEP• Funding of private (or non public) schools vs.

leaving a student in a public school• Districts failing to implement an IEP• More services

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Discussion examples

Continuation of services from IFSP to IEP• Part c of IDEA, is a state designed

service that provides early intervention education to children with disabilities and developmental delays

• Determination of eligibility is made by a multidisciplinary team, which if eligible constitutes the drafting of an IFSP that is implemented until the child is 3 years of age

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Discussion example• If a child turns three years old and the

School fails to draft an IEP, do the service listed in the IFSP continue?

• If parents refuse to consent to an IEP, do IFSP services continue?

• If parents do not agree with school placement because it does not contain the type of educational services that were in the IFSP, do they have a right to seek other schools?

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D.P. ex rel. E.P v. School Bd. Of Broward County (FL)

• Autistic triplets turned 3 and aged out of IFSP, however no official IEP was drafted

• A temporary IEP was created, under which the triplets were to attend the local public school.

• Parents refusal to consent to the temporary IEP led to their desire for IFSP services to continue until official IEP was agreed upon

• School board did not want to continue IFSP services while official IEP was being created and believed that the public school was an appropriate placement

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D.P. ex rel. E.P v. School Bd. Of Broward County (FL)

• Family went to court alleging that their children were being denied FAPE

• U.S Court of Appeals found that the school had no obligation, under IDEA, to continue IFSP services until the official IEP is implemented.

• Furthermore, court determined that the public school placement was appropriate because they had never been enrolled in a public school program before.

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Discussion example• If a student with an IEP makes minimal

progress in a year, is their IEP considered adequate?

• If a student with an IEP makes great progress in a year, is the IEP adequate?

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D.F. and D.F., on behalf of N.F., v. RAMAPO CENTRAL SCHOOL DISTRICT (NY) 2005

Parents brought suit under IDEA on behalf of a child with Autism whose IEP was created in October 2002 and then reviewed in January 2003

Alleged that their son's current IEP failed to provide him with FAPE because of minimal progress which parents attributed to the lack of at home Applied Behavior Analysis (ABA) services

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D.F. and D.F., on behalf of N.F., v. RAMAPO CENTRAL SCHOOL DISTRICT (NY)

The information about the IEP in question was based on 20/20 hindsight (Monday Morning Quarterbacking).

An IEP is a current snapshot of a child, not a retrospective

Determining the “appropriateness” of an IEP is dependent on whether or not the IEP is “reasonably calculated” to provide a suitable education.

Lack of progress under an IEP does not make the IEP inappropriate; Progress under an IEP does not make it appropriate

US Court of Appeals vacated and remanded the case back to the district court for further proceedings consistent with this decision

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Combating Autism Act of 2006

subject to the availability of appropriations, the secretary will provide culturally competent information regarding autism spectrum disorder and other developmental disabilities, risk factors, characteristics, identification, diagnosis or rule out, and evidence-based interventions to meet the needs of individuals with autism spectrum disorder or other developmental disabilities and their families.

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Autism Rates Estimated that some form of Autism Spectrum

Disorder occurs in 1 out of every 150 births. It is the fastest growing developmental

disability. More common now than Down Syndrome, childhood cancer, or diabetes.

Between 1994 and 2006, the number of 6 to 17-year-old children classified as having an ASD in public special education programs increased from 22,664 to 211,610 (CDC)

State rates of ASD: Lowest 3.3 in AL and highest 10.6 in NJ (CDC)

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Other Factors to Consider Since time is of the utmost importance for

children with ASD, most families want the situation remedied as soon as possible even if this means they do not receive every service they are looking for, or paying for the services themselves.

Does this mean that we will be seeing more or less legal issues related to education and ASD?

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