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Turning Three Essentials

  1. 1. INFORMING, EDUCATING, EMPOWERING FAMILIES 617-236-7210 | www.fcsn.org | fcsninfo@fcsn.org Turning Three Essentials: A Workshop for Parents Parent Training and Information Center
  2. 2. Who we are The Federation for Children with Special Needs promotes quality education, parent participation and access to quality health care services for all children, especially those with disabilities. The Parent Training and Information Center is a project of the Federation. It provides free information, support, technical assistance and affordable workshops to families who have children with disabilities and the professionals who work with them. The contents of this workshop were developed under a grant from the US Department of Education, #H328M140014. However, the contents do not necessarily represent the policy of US Department of Education; you should not assume endorsement by the federal government.
  3. 3. © Federation for Children with Special Needs3 What are differences between the early intervention (EI) and special education? What are the transition steps from early intervention to special education services? What is the special education process and how is eligibility decided? What are your options if you disagree with the outcome? Workshop Goals
  4. 4. © Federation for Children with Special Needs4 What is the different between EI and Special Education? Early Intervention is FAMILY centered; lots of parent involvement Special Education is CHILD focused; parents help develop the IEP in the Team meeting, can volunteer in school and join PTOs
  5. 5. © Federation for Children with Special Needs5 Who gets services? Early Intervention: For children with developmental delays, certain medical diagnoses, and those at risk up to age 3 Special Education: For children from age 3 up to age 22 who need specialized instruction to make effective progress and/or related services to access the curriculum Only children with specific disabilities listed in the law
  6. 6. © Federation for Children with Special Needs6 Services look different in preschool. Children who receive special education services are entitled to a “Free and Appropriate Public Education” (FAPE). Schools are not required to provide more than FAPE to your child. Not all children in EI will be eligible for Special Education Early Intervention (EI) and Preschool
  7. 7. © Federation for Children with Special Needs7 Happens before turning age 3 1. Transition Planning Conference 2. Consent Form 3. Initial School Evaluation 4. Team Meeting 5. IEP Developed (if child is found eligible) What are steps in the Transition Planning Process?
  8. 8. © Federation for Children with Special Needs8 Occurs between 2.3 and 2.9 years old Includes EI and school staff Special Education eligibility is NOT determined at this meeting (that only happens at a school district Team meeting) Discuss concerns about your child and the evaluation process Ask about signing a consent form for school to perform an evaluation Transition Planning Conference
  9. 9. What is the Special Education Process? 6 *Proposed IEP to be provided to parents immediately; if parents are provided with completed IEP grid sheet describing types and amount of special education and related services and statement of associated major goals, providing a proposed IEP within 2 weeks is considered immediate unless parents request IEP within 3-5 days.
  10. 10. Evaluation Consent Form See 603 CMR 28.04 (1)(a) and (2) School sends evaluation consent form to parent for signature within 5 school days of receiving referral School evaluates student within 30 school days of receiving parent’s signed consent form All times in this presentation are required to be followed after your child’s third birthday Re: [Name of Student and othernecessary identifying information] Notice Date: [Date from N 1] School District Name EVALUATION CONSENT FORM Attachment to N 1 TYPE OF ASSESSMENTS: A variety of assessment toolsand strategiesshould be used to gather information that determines the educational needs of this student. [Check yes or no for each assessment.] RECOMMENDED YES NO Assessment in All Areas Related to the Suspected Disability(ies) – describes the student’s performance in any area related to the child’s suspected disability(ies). List recommended assessment(s): _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Educational Assessment – includes the history of the student’s educational progress in the general curriculum and includes current information on the student’s performance. Observation of the Student – includes the student’s interaction in the student’s classroom environment or in a child’s natural environment or an early intervention program. Health Assessment – details any medical problems or constraints that may affect the student’s education. Psychological Assessment – describes the student’s learning capacity and learning style in relationship to social/emotional development and skills. Home Assessment – details any pertinent family history and home situations that may affect the student’s education and, with written consent, may include a home visit. PARENT RESPONSE SECTION Please indicate your response by checking at least one (1) box and returning a signed copy to the school district. Please keep one copy for your records. Thank you. I accept the proposed evaluation in full. I reject the proposed evaluation in full. I accept the proposed evaluation in part and request that only the listed assessments be completed: ____________________________________________________________________________________________________________. I additionally request the following assessment(s): assessment(s)listed above: other assessments:(specify) _________________________ __________________________ _________________________ __________________________ ____________________________________________________________________________________________________________ Signature of Parent, Guardian, Educational Surrogate Parent, Student 18 and Over* Date *Required signature once a student reaches 18 unless there is a court appointed guardian. PARENT INPUT We strongly encourage you to share your knowledge of this student with us. If you choose, please provide a written statement (use back of form) or call the indicated contact person. Thank you. 10
  11. 11. © Federation for Children with Special Needs11 Parents may: o Agree to some or all of the assessments o Ask for additional assessments o Ask school to accept an outside assessment Be sure to read reports before team meeting TIP: Make written request for evaluation on consent form; follow up before the meeting Signing the Consent Form Parents must provide privately done evaluation reports to school 10 days before any meeting at which those reports will be discussed
  12. 12. © Federation for Children with Special Needs12 Evaluations include formal testing by trained professionals, usually school district personnel Should include information from parent(s) or guardian(s) & teachers The Initial Evaluation May include outside medical records, and reports from EI Language of evaluations must be provided in the child’s native language or other method of communication, if feasible
  13. 13. © Federation for Children with Special Needs13  Educational assessment by a qualified representative of school district Assessment in all areas related to suspected disability Such assessments might include: o functional behavioral assessment (FBA), o speech and language, o occupational therapy, o physical therapy o other areas What kinds of evaluations will my child have?
  14. 14. © Federation for Children with Special Needs14 Evaluations are completed within 30 school days after school receives your signed consent form If you disagree with the school’s evaluation, you can request an Independent Educational Evaluation (IEE) Timing of evaluations and reports If requested in writing, evaluation reports must be given to parent at least 2-days before a Team meeting. Why is it important to receive the report before the meeting?
  15. 15. © Federation for Children with Special Needs15 The Team Meeting The team meeting will occur within 45 school days after the school receives your signed Consent Form Team meetings will be scheduled at a mutually agreeable time and place
  16. 16. © Federation for Children with Special Needs16 o Parents o Evaluators o Regular & special education teacher(s) o District representative with knowledge and authority o Others with knowledge or expertise regarding child, or a friend or advocate for support o A qualified professional interpreter for parents whose native language is not English, supplied by the school As equal partners of the Team, parent(s) or guardian(s) fully participate in the development of the IEP Who is on the IEP Team? See 34 CFR 300.321 and 300.116(a)(1)
  17. 17. © Federation for Children with Special Needs17 Eligibility IEP Services: If the child is eligible for special education, the team develops an IEP Program, which includes goals and services Placement: The Team next discusses and determines placement for the child IEP Process: at the Team Meeting The Team determines:
  18. 18. © Federation for Children with Special Needs18 The Team will discuss the results of the testing and the recommendations of the evaluators. Parents should bring a written list of concerns and their vision for the next 1 - 5 years for the child. This should become part of the IEP. Carefully consider all the recommendations made at the Team meeting. Share any concerns or disagreements at the meeting. Remember to remain calm and respectful when disagreeing. Parent are not required to sign the IEP at the Team meeting. The whole Team, including parents, develop the IEP. Parents are entitled to have time to review and consider the IEP before signing. During the Team Meeting
  19. 19. Step 1: Does student have disability? 18
  20. 20. Step 2(a):Is student making effective progress? Step 2(b):If not, is it due to disability? 19
  21. 21. © Federation for Children with Special Needs21 It is modifying the: 1) content, 2) methodology, and/or 3) performance criteria as appropriate to: o Meet the unique needs of the child o Address the child’s needs related to the disability o Ensure access to the preschool curriculum o In order to meet Early Childhood Program Standards/ Guidelines for pre-school learning experiences Step 2c: Does child require specially designed instruction to make effective progress? Specially designed instruction is special education.
  22. 22. © Federation for Children with Special Needs22 o Psychological o School health and school nurse, social worker o Speech and language pathology o Audiology o Occupational therapy o Orientation and mobility o Physical therapy Step 2c: or does child require related services to access the general curriculum?
  23. 23. © Federation for Children with Special Needs23 If your child is deemed eligible for an IEP, then the Team develops one or more goals. Goals usually correspond to the areas of need (i.e. behavior, gross motor, communication) Goals should be challenging but attainable within a year Goals are linked to services listed in the IEP Individualized Educational Plan (IEP) goals
  24. 24. © Federation for Children with Special Needs24 Modifications should also be included. For example, a student with medical issues may need to have certain assignments revised Examples: o extra thick crayons o special safety items o preferential seating at circle time o Aide o Nurse o Sensory activities/breaks Any assistance that the child will need to participate in the program should be listed on the IEP as an accommodation IEP Accommodations
  25. 25. © Federation for Children with Special Needs 25 Placement Possibilities o Your home o A clinician’s office Your child’s services might be delivered in: o A school that serves only disabled children o A preschool that the school district operates, serving disabled and non- disabled children o A preschool that you choose & pay for (rare)
  26. 26. © Federation for Children with Special Needs26 Children with disabilities must be educated with students who are not disabled, to the maximum extent appropriate. Placement in the Least Restrictive Environment (LRE)
  27. 27. © Federation for Children with Special Needs27 Parents should receive a written summary of the Team’s decisions, including: o goal areas o special education services (types and amounts) o placement You should receive the IEP in two calendar weeks What happens at close of Team Meeting?
  28. 28. © Federation for Children with Special Needs28 What are parent’s response options to IEP? See 603 CMR 25.05(7) IEP Response Options Accept IEP in Full Reject IEP in Full Reject IEP in Part Placement Response Options Accept Placement Reject Placement Parents have 30 calendar days after the school district signs the IEP to respond to the proposed IEP After 30 days, the IEP is deemed rejected
  29. 29. © Federation for Children with Special Needs29 Your child can receive special education while you work out differences with the school if you reject the IEP in part oaccept in part/ reject in part so that child is eligible for special education ocontinue to work for more or different services while the IEP is in place oany IEP service not rejected must be implemented immediately Can accept services offered while rejecting failure to offer more services What if you don’t agree with IEP services
  30. 30. © Federation for Children with Special Needs30 School district will implement and follow IEP immediately What happens after IEP is signed? Progress reports: will be sent home as often as report cards in parents’ native language Annual review: Team meets every year. New, challenging goals need to be developed each year.
  31. 31. © Federation for Children with Special Needs31 IEP continues in effect until: Next IEP is accepted by the parent or guardian, or Team (parents must sign off on IEP) agrees to remove the child from special education, or Bureau of Special Education Appeals orders otherwise When will the IEP end? Parent consent is required for all changes to IEP, including removal of services
  32. 32. © Federation for Children with Special Needs32 Parents who disagree can: o Reject finding of ineligibility o Seek an independent education evaluation o Request a re-determination of eligibility after a new evaluation o Contest the finding through Due Process hearing Team Chair notifies parents in writing of determination of ineligibility (N-2 form) within 10 school days of Team meeting What if Team decides child is ineligible for IEP? See 603 CMR 28.05(2) (a) 2)
  33. 33. © Federation for Children with Special Needs33 Options for Resolving Differences Independent Educational Evaluation IEP Meeting *if civil rights violation Meeting with Sped Director, Principal, and/or Superintendent Voluntary Alternative Dispute ResolutionLocal Options Procedural Violations & Enforcement Issues Due Process PRS Problem Resolution System 781-338-3700 OCR* Office for Civil Rights 1-800-421-3481 Mediation 617-626-7291 Facilitated IEP Meeting 617-626-7250 BSEA Hearing 617-626-7250 Procedural Safeguards and “Due Process” Resolution Meeting
  34. 34. © Federation for Children with Special Needs 34 Review of Important Turning 3 Time Frames Age 2.3 – 2.9 Transition Planning Conference By age 2.9 Check to make sure that School District has referral 5 school days School District should send out Consent Form within 5 school days after receiving referral 30 school days after signed Consent is received School District must complete evaluations 45 school days after signed Consent is received School District must convene Team Meeting 30 calendar days after IEP is issued Parents must have accepted IEP in whole or part, or it is deemed rejected
  35. 35. Thank you for coming Please complete these forms: 1. Demographic Data Collection & 2. Workshop Evaluation The Parent Training & Information Center is funded by a federal grant. To continue receiving the grant, we need to collect the information in the forms below Kindly return completed forms to workshop presenter 46
  36. 36. © Federation for Children with Special Needs36 Laws & Regulations & Resources Massachusetts special education law: MGL Chapter 71B Massachusetts special education regulations: 603 Code of Massachusetts Regulations 28.01 U.S. special education law: Individuals with Disabilities in Education Act (IDEA), 20 United States Code 1400 IDEA special education regulations : 34 Code of Federal Regulations part 300 Massachusetts Arc: www.arcmass.org/ Best Practices, A Guide for Families: www.mass.gov/edu/docs/eec/2014/20140515-early-childhood- transition-english.pdf DESE FAQ: www.doe.mass.edu/sped/ecse/TransitionFAQ.html A Parent’s Guide to Special Education Services: www.fcsn.org/parents_guide/pgenglish.pdf
  37. 37. CALL CENTER FREE info about Special Education Rights http://fcsn.org/ptic/call-center/ 617-236-7210 Mon-Fri 10am-3pm WORKSHOPS (FREE to participants) - A IEP For My Child - Discipline & Suspension - Effective Communication AND MORE! http//fcsn.org/ptic/workshops The PTIC provides special education training, information, and support groups to families who speak: Spanish, Portuguese, Chinese and Vietnamese Parent Consultant Training Institute An in-depth training for parents in a 54-hour tuition-based program. http://fcsn.org/ptic/parent- consultant-training
  38. 38. INFORMING, EDUCATING, EMPOWERING FAMILIES 617-236-7210 | www.fcsn.org | info@fcsn.org

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