The Family Driven IEP

The Family Driven IEP

Take Aways Understanding of the special education laws and policies pertaining to the IEP and how they can intersect with family driven policies How to apply and promote a family driven approach that ensures their involvement during the evaluation, development of the IEP, and implementation. A toolkit to use in the future to expand roles and success for families as the most important person on their child s team! MHTA ~ 2017 2

The Basics By state and federal law, schools must provide special help to eligible children with disabilities. Special education is instruction that is specially designed to meet the unique needs of a student with a disability. This means education that is individually developed to address a specific student s needs that result from his or her disability. Since each student is unique, it is difficult to give an overall example of special education. It is individualized for each student. MHTA ~ 2017 3

IDEA IDEA is divided into four parts: Part A - General Provisions Part B - Assistance for Education of All Children with Disabilities Part C - Infants and Toddlers with Disabilities Part D - National Activities to Improve Education of Children with Disabilities MHTA ~ 2017 4

There are many approaches to educating a student that are used. Special instruction; Putting them in a special class all or part of the day; An aid or other support service; and/or Accommodations or modifications to their program. Approaches to Special Education MHTA ~ 2017 5

Multi-Step Process Identification Evaluation Eligibility IEP Services Update Re-evaluate MHTA ~ 2017 6

Identification The Individuals with Disabilities Education Act includes the Child Find mandate. Child Find requires all school districts to identify, locate and evaluate all children with disabilities, regardless of the severity of their disabilities. This obligation to identify all children who may need special education services exists even if the school is not providing special education services to the child. MHTA ~ 2017 7

How to Refer There are two primary ways in which children are identified as possibly needing special education and related services: the system known as Child Find (which operates in each state), and by referral of a parent or school personnel.

Referrals Referral or request for evaluation. A school professional may ask that a child be evaluated to see if he or she has a disability. Child Find. Each state is required by IDEA to identify, locate, and evaluate all children with disabilities in the state who need special education and related services. 9

Integrating a Family Driven Process Referrals can come from families or anyone else involved in their child s education. If families are approached by someone to receive permission to evaluate the child, they can ask for documentation regarding the purpose or evidence for the referral. If families wish to refer their child, programs should offer templates they can use to refer in writing 10

Evaluation MHTA ~ 2017 11

The Evaluation Process The evaluation must: Be completed by trained and knowledgeable persons; Include all areas related to a suspected area of disability; Include more than just one test or assessment procedure; Use the child s native language; and Not discriminate because of the child s or youth s race or culture. MHTA ~ 2017 12

The Evaluation Process The family or a member of the school staff may make the request for an evaluation. The school must get permission to evaluate the child or youth from the family in writing for the first evaluation. Includes information that the family provides to the team, assessments (tests), medical concerns, and interviews with the family and school staff who know the child or youth. MHTA ~ 2017 13

Ask Ask about the tools that will be used for evaluation. Integrating a Family Driven Process Review Participate Ask Let Review the evaluation tools ahead of time Participate in the decision to select the right tools Ask what time of day they will be evaluating. Let them know when, where, and how the child or youth performs best. Do Do the evaluation in the environment where they spend most of their time at school. MHTA ~ 2017 14

Integrating a Family Driven Process Keep in mind: You want the test to be in the most normalized environment as possible. Testing should highlight the issues and needs of the student during a normal school day. This helps ensure that when, where, how, and what the student is taught through special education will be most beneficial. MHTA ~ 2017 15

Eligibility The term "child with a disability" means a child (i) with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to in this chapter as "emotional disturbance"), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and (ii) who, by reason thereof, needs special education and related services. MHTA ~ 2017 16

Eligibility- Child aged 3 through 9 (B) The term "child with a disability" for a child aged 3 through 9 (or any subset of that age range, including ages 3 through 5), may, at the discretion of the State and the local educational agency, include a child (i) experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in 1 or more of the following areas: physical development; cognitive development; communication development; social or emotional development; or adaptive development; and (ii) who, by reason thereof, needs special education and related services. 17

Determining Eligibility The results from the evaluation will help to decide if the student needs special education services and will show what kind of services may help. If a family disagrees with the results or the school s decision regarding what services the child or youth needs the family can ask that another evaluation be done by someone who does not work for the school. This is called an Independent Educational Evaluation (IEE). MHTA ~ 2017 18

Integrating a Family Driven Process Families and their other designated attendees should be a part of the determination process. Families should be advised ahead of time what the results of all tests and evaluations and other input will be used as determining criteria. Ask to be notified ahead of the meeting regarding your child s eligibility. Families should know ahead of time what their rights are, should they disagree with the eligibility determination. MHTA ~ 2017 19

Individualized Education Planning (IEP) MHTA ~ 2017 20

The IEP Individualized Education Planning (IEP) team must meet to write an Individualized Education Plan (IEP) Families, children, and youth are important members of this team The IEP is the written contract that will drive, measure, and monitor all educational services MHTA ~ 2017 21

Integrating a Family Driven Process Families can do several general things that will help them be a major player in this process. This might include: Writing down questions; call the school and ask them before anything is done. Ask about the process, such as about the timeline and when it will be complete. Ask for a copy of the evaluation results at least 3 days before the IEP Meeting. Do not sign the IEP until you are sure MHTA ~ 2017 22

The IEP Team A number of people should be invited to the IEP meeting. This group is called the IEP team. The family and significant others The child or youth The child s or youth s regular education teacher The child s or youth s special education teacher or special education provider MHTA ~ 2017 23

The IEP Team, continued More Team Members A person from the school district who is qualified to provide or supervise special education Someone who understands what the evaluation means and can talk about it Others that the family or the school invites because they know the child or youth and can assist in planning for their educational needs Anyone of the family choice, such as a friend, an advocate, or service provider MHTA ~ 2017 24

Integrating a Family Driven Process 1 2 3 Do everything possible to not go alone. Ask someone who is a strong advocate for your child or youth to go with you. Make sure the rest of the team knows who you will be bringing with you. 25

The IEP Meeting After a child is found eligible for special education and related services, a meeting must be held to develop to the IEP. The school system must notify the child s parents of when and where the meeting will take place, so they have the opportunity to attend and participate. www.parentcenterhub.org 26

Integrating a Family Driven Process Insist the meeting be held at a time and place convenient for the family and their invitees. Know state law regarding the timeline of when the IEP meeting must take place. The family is seated at the head of the table to encourage recognition of their role. IEP and placement meetings, mediation meetings, and due process (IEP) resolution sessions may be convened by conference calls or videoconferences. MHTA ~ 2017 27 This Photo by Unknown Author is licensed under CC BY-NC-ND

Developing a Plan The school must set up a meeting to discuss the results of the evaluation and develop a plan on how special services should be used to assist the child or youth learn. MHTA ~ 2017 28

The IEP Plan The child s present levels of academic achievement and functional performance, describing how the child is currently doing in school and how the child s disability affects his or her involvement and progress in the general curriculum Annual goals for the child, meaning what parents and the school team think he or she can reasonably accomplish in a year The special education and related services to be provided to the child, including supplementary aids and services (such as a communication device) and changes to the program or supports for school personnel MHTA ~ 2017 29

The IEP Plan How much of the school day the child will be educated separately from nondisabled children or not participate in extracurricular or other nonacademic activities such as lunch or clubs (called extent of nonparticipation) How (and if) the child is to participate in state and district-wide assessments, including what modifications to tests the child needs Service delivery details, such as when services and modifications will begin, how often they will be provided, where they will be provided, and how long they will last How school personnel will measure the child s progress toward the annual goals. 30

Related Services Those services a child with a disability needs in order to benefit from special education. http://www.wrightslaw.com/inf o/relsvc.index.htm#sthash.fbs 2g2cM.dpuf Can consist of: An individualized curriculum and setting that is different from that of same-age, nondisabled peers; The same (general) curriculum and setting as that for nondisabled peers, with adaptations or modifications made for the student; or A combination of these elements. MHTA ~ 2017 31

Modifications Usually a modification means a change in what is being taught to or expected from the student. Sample Making an assignment easier so the student is not doing the same amount of work as other students MHTA ~ 2017 32

Accommodations An accommodation is a change that helps a student overcome or work around the disability. Sample: Allowing a student who has trouble writing to give his answers orally MHTA ~ 2017 33

Take Note! If you do not sign the IEP in favor of or against In most states, if a parent choses not to sign the IEP at the conclusion of an IEP meeting, nothing will be implemented for 14 days to allow for time to review and request changes if desired or to request a due process hearing if needed. If parent does not sign, on the 15th day following the meeting, the services will be implemented (assuming it is not an initial). MHTA ~ 2017 34

Discuss environments outside of the classroom; playground, library, lunchroom, class trips, extracurricular activities, bus, music, and even extra curricular activities such as sports. Special consideration for these environments MUST be listed in the IEP in order to occur. Integrating a Family Driven Process MHTA ~ 2017 5

Make sure you understand EVERYTHING Make sure you are clear on the how. Be practical Negotiate 3 Use a checklist Use the laws that are in place 4 Assume NOTHING!!! Integrating a Family Driven Process

Providing Services Services within the education system is provided according to the IEP. The IEP serves as a contract that outlines the requirements of the school in relation to a free and appropriate public education. MHTA ~ 2017 4

Re-evaluations and Annual IEP Meetings and Plans If a child or youth is receiving special education services through an IEP, they must be re-evaluated to determine if there is still a need for special education, and to address any new needs that arise not more than once a year, unless the family and the school district agree that one is needed. The family and student will meet with the IEP team at least once per year to discuss progress and include all new goals or services into the IEP plan. MHTA ~ 2017 38

Due Process This Photo by Unknown Author is licensed under CC BY-SA

Special Education Rights for Families Under Federal and state laws, families have the right to: Have their child assessed; To disagree (On the evaluation, eligibility, the IEP, the program, and the outcomes); To be part of the team; To help write the IEP; To think about it; and To change the world by changing the laws. MHTA ~ 2017 40

Disagreements Sometimes the family or student do not agree with the decisions at the schools regarding special education. This might include disagreement on: The results of the evaluation The eligibility for special education The IEP Plan The IEP process The program or goals and objectives The placement The amount of services The outcomes of the education efforts MHTA ~ 2017 41

Due Process If a family believes that their child s or youth s rights are being violated because they are not receiving the services they need or the services they receive are inappropriate, they can follow a procedure called due process. The school must provide information on how to activate due process. Due Process is not to be used lightly MHTA ~ 2017 42

Get a professional advocate. Integrating a Family Driven Process Negotiate. Get everything in writing. Postpone completion and come back at a later date. MHTA ~ 2017 43

Stay the Course

When Things Go Bad IEP meetings are often an emotional time for families. The schools stand by strict rules and regulations and families may disagree with their decisions or direction. Take a break. Walk outside. Call your mom. MHTA ~ 2017 2

Be Purposeful Approach Approach the IEP like any other planning meeting Understand Understand the process, intent, and potential outcomes Know Gather Practice Know your rights and responsibilities Gather information to participate as informed member of the team Practice good participation and communication skills MHTA ~ 2017 46

Stay in Charge Never tell a school, or anyone else, that you plan to sue them. Litigation is the last resort. Try other strategies to resolve disputes with the school. Do not initiate a due process hearing until they have exhausted other ways to resolve their problem. - MHTA ~ 2017 47

Staging Some families hope their child does poorly on tests so they can get the help they need. They may: Encourage the school to do the testing at a time and place when they know the student will perform poorly. 8

Helping families help themselves The Mental Health Transformation Alliance, a family run organization, received a three year grant from the federal Substance Abuse and Mental Health Administration (SAMHSA) to develop the TN Statewide Family Network (TNSFN). MHTA ~ 2017 9

Planning for Family Youth-Driven IEP s Family and Youth Driven Principles How we will make it happen Families and youth are given accurate, understandable, and complete information that is necessary to set goals and make choices for improved education. Families, youth, teachers and administrators embrace the concept of sharing decisionmaking and responsibility for outcomes. The school takes the initiative to change practices from school-driven to family and youth-driven. Administrators allocate staff, training, support and resources to make family and youth-driven practice work across all school programs. The school community embraces, values, and celebrates the cultures of their students. Families and students are supported so they are comfortable in steering decision making about all aspects of educational services and evaluation. IEP meetings and evaluations occur in culturally and linguistically competent environments. Administrators and staff actively demonstrate their partnerships by sharing power, resources, authority, responsibility, and control with families and youth. Families and youth have a voice advocating on their behalf. MENTAL HEALTH TRANSFORMATION ALLIANCE 2017

Family Driven IEP Meeting What we expect Making It Happen The meeting is held in a location and time convenient for the family/student. All evaluation outcomes and data to be considered are discussed with the family/student at least 1 week prior to the IEP meeting. The family/student is told ahead of the meeting who will be attending and their role in the education process. The family/student is given information in a language and on a reading level they can understand. The family/student receives information and resources on where and how to understand and play a leading role in the IEP meeting. The family/student is supported to bring others that can attend the meeting with them. The family/student is considered the IEP lead. The student and their family are recognized as the constant in the education process. The family/student speaks first on each IEP component. The family/student received resources and informational links outside of those from the state and local education departments. It is understood that the family/student may call a recess or continue the meeting at another time when necessary to ensure their full participation in the process and outcomes. Others: MENTAL HEALTH TRANSFORMATION ALLIANCE 2017

IEP Resources Center for Parent Information and Resources Hub of information and products created for the network of Parent Centers serving families of children with disabilities http://www.parentcenterhub.org/iep/ https://www.facebook.com/parentcenterhub/?ref=bookmarks https://www.youtube.com/channel/ucdc-zd_horq7wwmqdk5nqlw?view_as=subscriber Council for Exceptional Children The Council for Exceptional Children is a professional association of educators dedicated to advancing the success of children with exceptionalities. We accomplish our mission through advocacy, standards, and professional development. http://www.cec.sped.org/ http://www.facebook.com/cechq Pacer Center PACER Center enhances the quality of life and expands opportunities for children, youth, and young adults with all disabilities and their families, so each person can reach his or her highest potential. PACER operates on the principles of parents helping parents, supporting families, promoting a safe environment for all children, and working in collaboration with others. http://www.pacer.org/ http://www.facebook.com/pacercenter http://www.youtube.com/pacercenter Special Education Guide SpecialEducationGuide.com is the go-to online resource for parents and educators who want to master the terminology, procedures and best practices in special education. https://www.specialeducationguide.com/ https://www.facebook.com/sharer/sharer.php?u=https://www.specialeducationguide.com/ US Department of Education Federal agency responsible for information, laws, and policies regarding students with special education needs. https://www2.ed.gov/parents/landing.jhtml Wrightslaw Resource for parents, educators, advocates, and attorneys for accurate, reliable information about special education law, education law, and advocacy for children with disabilities. http://www.wrightslaw.com/ https://www.facebook.com/pages/wrightslaw/258027171722?sk=wall https://www.youtube.com/user/wrightslaw MENTAL HEALTH TRANSFORMATION ALLIANCE 2017