presented by jane r. wettach director, children’s law clinic duke law school special education law
TRANSCRIPT
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PRESENTED BY JANE R. WETTACHDIRECTOR, CHILDREN’S LAW CLINIC
DUKE LAW SCHOOL
SPECIAL EDUCATION LAW
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CHILDREN’S LAW CLINIC
• A clinical education program of Duke Law School focused on protecting the rights of children in school and promoting their overall health & wellbeing
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CHILDREN’S LAW CLINIC• Supervised law
students represent low-income families in cases involving school discipline, special education, school enrollment & some government benefits
• Service area includes 11 counties around Duke University (including Durham, Orange, Chatham)
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REFERRALS TO CLC
• Parents have disagreements with school officials over whether their child is eligible for special education services
• Parents feel their children are not receiving appropriate special education services from public school
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REFERRALS TO CLC
• Children are removed from a public school setting due to discipline or “homebound placement”
• Children are facing long-term suspension from school
• Disabled children are found “not eligible” for Supplemental Security Income (SSI) benefits
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HOW TO OBTAIN SERVICES
• Parent of child should call Children’s Law Clinic• 919-613-7169
• Parent will be screened for type of case, geographic location, and income
• After screening, eligible family will be asked to come to Duke Law School to be interviewed by a law student
• Depending on situation, clinic will either provide advice or legal representation
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HISTORY OF SPECIAL EDUCATION
• Most impaired: •excluded & segregated
• Less impaired: •retained, •called lazy & dumb, •encouraged to drop out of school
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HISTORY OF SPECIAL EDUCATION
• 1975 – Congress passed Education for All Handicapped Children Act• Federal government
offers money to states to assist with educating handicapped children
• 1990 – Individuals with Disabilities Education Act• (IDEA)
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SPECIAL EDUCATION IN NORTH CAROLINA
• NC has accepted federal money
• NC administers special education through the NC Dept. of Public Instruction, Exceptional Children Division
• NC has developed policies, available at http://ec.ncpublicschools.gov/policies/nc-policies-governing-services-for-children-with-disabilities
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IDEA – THE BASIC PROMISE
• All children with disabilities are entitled to
• A “free, appropriate, public education”
• In the “least restrictive environment”
• Pursuant to an “Individualized Education Program”
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WHO IS A “CHILD WITH A DISABILITY”?
• Aged 3 – 21
• With a disability that affects learning
• Who needs “specially designed instruction”
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WHAT IS A “FAPE”?
• A “free, appropriate public education” is • Special education (i.e., specially designed
instruction to meet the unique needs of the child); and • related services (supportive services
designed to enable the child to benefit from instruction – such as transportation and specialized therapies)
that allow the child to make reasonable educational progress.
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WHAT IS A “FAPE”?
• “Education” is not just academic learning, but includes –• Socialization• Adaptive skills• Language and
communication• Reduction of behavioral
problems
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WHAT IS THE “LEAST RESTRICTIVE ENVIRONMENT”?
• The LRE is the setting in which children with disabilities may be educated with typical children to the maximum extent possible
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WHAT IS AN IEP?
• IEP is “blueprint” for the child’s special education• Contains annual goals• Specifies how much/what kind
of special education student will get
• Specifies the setting in which the services will be delivered
• Specifies accommodations & modifications
• IEP must be written by a team of persons knowledgeable about the child and the child’s needs, including parents
• IEP must be revised at least once a year
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SPECIAL EDUCATION -- ELIGIBILITY
• Child must be “referred” to be evaluated for possible special education services
• Referral: in writing, dated, addressed to principal, state reason for referral in terms of lack of educational performance
• Child can be referred by the parent or a teacher or other school official
• The parents must agree for the evaluation to proceed
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SPECIAL EDUCATION -- ELIGIBILITY
• Evaluation performed by a school psychologist
• State policies set out what’s required for each type of disability
• A “medical evaluation” may be required (especially if a health problem is interfering with school progress)
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CATEGORIES
• Autistic• Seriously Emotionally
Disabled• Deaf-Blind• Hearing impaired• Multi-handicapped• Developmentally
Delayed• Intellectually Disabled• Orthopedically
Impaired
• Other health impaired (includes ADD/ADHD)
• Specific learning disabled (includes dyslexia)
• Speech/language impaired
• Traumatic brain injured
• Visually Impaired
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UNIVERSAL CRITERIA
• Disability must have an adverse effect on educational performance
AND
• Disability must require specially designed instruction
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ELIGIBILITY
• Children who are passing from grade to grade can be eligible for special education;
• Children who have passed End-of-Grade tests can be eligible;
• Children who do well academically, but need specialized instruction in communication, behavior, social interaction, etc., can be eligible;
• BUT for all children, there must be evidence that the child is unable to make reasonable progress without specialized instruction.
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OTHER HEALTH IMPAIRED
• Student suffers from –• a chronic or acute health
problem• Resulting in limited
strength, vitality, or alertness, • including a heightened
alertness to the educational environment
• Such as ADHD, asthma, diabetes, epilepsy, leukemia, sickle cell anemia, Tourette’s Syndrome, etc.
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SPECIFIC LEARNING DISABLED
• A brain processing disorder
• impairs ability to listen, think, speak, read, write, spell, or to do mathematical calculations
• Most common is dyslexia
• Not the result of limited cognitive skills or lack of effective instruction
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SPECIFIC LEARNING DISABILITY
• May be determined by• Discrepancy formula (>15 point difference
between IQ and achievement)• “Alternative” to discrepancy (assessments failed
to accurately reflect substantial discrepancy that is present)
• Exhibition of characteristics of SLD after unsuccessful “response to interventions”
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SERIOUS EMOTIONAL DISABILITY
• An inability to build satisfactory interpersonal relationships with peers and teachers; or
• Inappropriate types of behavior or feelings under normal circumstances; or
• A general pervasive mood of unhappiness or depression; or
• A tendency to develop physical symptoms or fears associated with personal or school problems.
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SPECIAL EDUCATION -- ELIGIBILITY
• A team – including parents – reviews all data
• Determines if child meets criteria
• If child is eligible, an IEP is developed
• From referral to IEP ≤ 90 days
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DEVELOPMENT OF IEP
• Team decides• Current performance• Needs• Appropriate goals• What special
education is needed• What related
services are needed• What’s the right
setting for student
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EVALUATING AN IEP
• Is student making “reasonable progress”?• Making academic
gains• Improving
functional skills
• Look out for• Failing grades or
test scores• Behavior
problems• No achievement
of goals
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FOLLOW UP TO IEP
• IEPs are reviewed at least once a year• Child is re-evaluated every three years• If parents and school district agree, child can be evaluated more often, but not more than once per year
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SPECIAL EDUCATION DISPUTE RESOLUTION• Parents have the right to challenge decisions of the IEP team regarding --• Eligibility• Amount, type & duration
of services• Placement in LRE• Discipline
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SPECIAL EDUCATION DISPUTE RESOLUTION
• Dispute Resolution Mechanisms include• Facilitated IEP’s • Mediation• State Complaint (to DPI)• Due Process Hearing• Formal administrative hearing
• Duke Law Clinic available to give advice, represent parents and children
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“504 PLAN”
• A plan for students with disabilities that don’t qualify for an IEP
• Child doesn’t need “specialized instruction”• Child does need
accommodations in regular classroom and for testing, such as -- • Preferential seating• Testing in separate room• Accommodations for physical
disabilities
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“504 PLAN”
• Based on federal anti-discrimination law
• Guarantees students full access to the educational facilities and programs
• Tend to be less formal and less structured than IEP’s
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“504 PLAN”
• School district should have personnel in charge of development and implementation of plans
• Parents and students must be aggressive about implementation
• Enforcement is through the federal Office of Civil Rights or a civil law suit.
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CONTACT INFORMATION
Phone -- 919-613-7169 888-600-7274 (toll-free)Location – Duke Law School Corner of Towerview & Science Dr.
Durham, NC Permanent Staff –
Director Jane WettachSupervising Attorney: Brenda Berlin
Administrative Asst.: Sandra Pettiford
www.childedlaw.orghttp://www.law.duke.edu/partnershipforchildren/