Parent Rights in Special Education

Betsy Peterson, Parent CoordinatorOffice of Special Programs

Individuals With Disabilities Education Act (IDEA)• Federal Law

– Public Law 94-142 the Education for All Handicapped Children Act of 1975

– Law mandated the role of parents as equal partners in making educational decisions for their children

– Empowers parents to become Educational Advocates for their children

Terminology Used

• IEP-Individualized Education Program• FAPE-Free Appropriate Public Education• LRE-Least Restrictive Environment• PBS-Positive Behavior Supports• BIP-Behavior Intervention Plan• FBA-Functional Behavioral Assessment• ESY-Extended School Year• IFSP-Individual Family Support Plan

Terminology Used-con’t

• Disabilities:– EBD-Emotional/Behavior Disability– LD-Learning Disability– DD-Developmentally Delayed – CD-Communication Disorder– VI-Visually Impaired– HI-Hearing Impaired

Terminology Used-con’t

• Placements– GE:FT- General Education Full Time with

modification– GE:PT- General Education Part Time with resource

services or special class services– SC-Special Education Program: Separate Class– SS-Special Education Program: Separate School– OOS-Special Education Program: Out of School

Environment– RF-Special Education Program: Residential Facility

Terminology Used-con’t

• Related Services– Assistive Technology– Transportation to and from school– Counseling for child and/or family– Recreation or special physical education– School health services– Physical Therapy-PT– Occupational Therapy-OT– Speech/Language therapy

Identification and Referral

• Child Find– District activity that seeks to locate and identify

children and youth, ages 3-21 who may have developmental delays or exceptionalities and may need special education and related services. Activities may be:

• Teacher observations• Parent observations• Conferences• Developmental screenings

Identification and Referralcon’t

• Parent Referral– A written request to have your child tested

to see if he/she needs specially designed instruction.

• School Assistance Team• Interventions• Conferences• Multidisciplinary Evaluation Team (MDET)

Identification and Referralcon’t

– Multidisciplinary Evaluations may include the following:• Health• Vision• Hearing, social and emotional status• Adaptive skills• Behavioral performance• General intelligence• Academic performance• Communicative status• Motor abilities• Assistive technology services and/or devices

Identification and Referralcon’t

• Multidisciplinary Evaluation Team (MDET)– At least one teacher or other specialist with

knowledge in the area of suspected exceptionality.– The student’s general education teacher; or– A general education teacher qualified to teach a

student of that age;– At least one person qualified to conduct individual

diagnostic examinations of students, such as a certified school psychologist, speech-language pathologist or audiologist.

Eligibility Committee

– Eligibility Committee (EC)• Evaluations are discussed. Be sure to ask

questions if you do not understand something.• Utilize the results of the multidisciplinary

evaluation as the primary source of information to determine the student’s educational needs and if:

– the student meets the eligibility criteria in one of the designated exceptionalities; and

– Needs specially designed instruction.

Individualized Education Program (IEP)

• Individualized Education Program (IEP)– 30 days after a student is determined eligible for services– Present Levels of Educational Performance (PLEPs)– Measurable goals– Special education services– Related Services– An explanation of the extent to which your student will NOT

participate with non-exceptional peers– A statement explaining HOW the student will participate in the

statewide testing program.– The date when services are to begin and how they will continue.– A statement of how and when parents will be informed of progress

toward annual goals.– Signatures of all those ATTENDING the meeting.

Placement

• Placement is the appropriate learning environment for your child.– IEP team must consider placement in the

general education setting first.• Modifications – a change in the type and amount

of work expected of the students • Accommodations - change how students learn

and the ways they demonstrate what they have learned.

Annual Review

Your child’s progress in achieving the goals on the IEP must be reviewed and revised each year.– Your observations about any changes should be made at this

time. • Have goals been met?• Were the goals too easy?• Were the goals too hard?

– Comments, both positive and negative, about the IEP should be made at this time

– If you feel changes need to be made to your child’s IEP before the Annual Review, ask for a review.

Reevaluations

• Can occur every 3 years (or more frequently)

• MDET reviews existing evaluation data on the student with input from the student’s parents to determine if additional data are necessary

• Parents must be notified of this decision

Independent Evaluation

• If a parent disagrees with an evaluation obtained by the school system, a parent has the right to an independent educational evaluation at public expense.

• The school system will provide to the parents, upon the parent’s request, information about where an independent educational evaluation may be obtained.

Mediation

• Meeting to encourage mediation• Voluntary and informal• Conducted by qualified and impartial

mediator• At no cost to parent• Written agreement• Confidential

Complaint

• Any interested person may file a complaint:– Parents of eligible students– Organizations– Groups– School district employees– Individuals from West Virginia or another state

• Must be written and signed: Email or fax is not acceptable

• Must include:– Name of the county school district– Student's name– The facts on which the complaint is based– The laws or regulations you believe are not being followed

Complaint con’t

• Original is sent to the WVDE

• A copy must be sent to the district school system’ Director of Special Education.

• 60 day timeline to investigate the complaint.

• Letter of Findings (LOF) issued to district

• LOF includes corrective actions if violations occurred.

Early Resolution of a Complaint• Initiated by either party

• Informal conference to discuss issue(s)

• If resolution is achieved, complaint is withdrawn

• Verification of Early Resolution Form submitted to Office of Special Programs at the WVDE

Impartial Due Process Hearing

• Initiated by parent or district by written request to the Office of Special Programs

• Dispute must be relevant to the proposal or refusal of district to initiate or change the identification, evaluation or educational placement of your child or the provision of a free appropriate public education (FAPE)

• Resolution session must be convened by the district within 15 days

• 45 day timeline for hearing

Parent Rights

• The right to be considered a full participating member of the IEP team when planning for your child.

• The right to provide information about your child that can be used in developing interventions , evaluations planning and educational programs.

Parent Rights con’t

• The right to ensure that your written permission is given before any formal evaluations are begun.

• The right to receive written notice prior to any changes in placement for your child.

• The right to access your child’s records, and have some one available to explain the records, if requested.

Parent Rights con’t

• The right to a complete evaluation, which includes more than one test or procedure, that is completed by trained personnel from various education and/or medical areas of expertise, to receive copies of those results, and to have those results explained in a language you understand.

• The right to confidentially of all records about the student.

Parent Rights con’t

• The right to a free and appropriate public education (FAPE) that addresses your child’s individual needs.

• The right to request an independent assessment at no cost to yourself if you disagree with the assessment results.

• The right to be involved in the development of your child’s Individualized Education Program (IEP).

Parent Rights con’t

• The right to receive transportation and other related services necessary for the student to benefit from his or her special education services.

• The right to mediation and due process if differences regarding your child’s program or services cannot be resolved by other means.

Parent Rights con’t

• The right to refuse special education and related services for your child.

• Must be in writing• PWN will be provided to the parents• ALL special education and related services

(including any general education modifications) will cease.

Parent Responsibilities

• To be involved.• To participate in meetings regarding your child

and be ready to discuss issues of concern that you have.

• To ask questions and be sure you understand what is happening.

• To provide all the relevant information that is needed in planning and program development

Parent Responsibilities con’t

• To let the school personnel know about any changes in your child’s life, both positive and negative, including areas of growth, changes in health and medication and difficulties your child is having.

• To educate yourself regarding the rules and regulations governing special education services.

Parent ~ Teacher Conferences• Here are some questions to consider:

– Is my child working up to his/her potential?– What do you try to accomplish in each IEP

goal area?– What are my child’s learning habits?– How is my child doing socially?– How well does my child behave and follow

directions?

Parent ~ Teacher Conferences con’t

– Does my child willingly accept responsibility?– Does my child work independently?– Does my child need special help in any

areas?– Does he/she display any special abilities or

unique skills?– What can I do at home to aid my child’s

progress?

Parent Educator Resource Centers - PERCs• In 30 West Virginia Counties

• Staffed by parents and teachers

• Offer training and support to families

• Will assist you through the IEP process

• A friendly ear that has been there

Questions

Resources:

• West Virginia Department of Education

Office of Special Programs

1900 Kanawha Boulevard, East

Building 6 Room 304

Charleston, WV 25305

http://wvde.state.wv.us/osp

Resources con’t

• West Virginia Parent Training and Information Center1-800-281-1436http://www.wvpti.org

• West Virginia Advocates1-800-950-5250http://www.wvadvocates.org

• West Virginia Birth to Three System

1-800-642-9704

http://www.wvdhhr.org/mcfh/birth23

Thank you for your time!!

Betsy Peterson, Parent Coordinator

bpeterso@access.k12.wv.us

West Virginia Department of Education

Office of Special Programs

1-800-642-8541

http://wvde.state.wv.us/osp