Presentation to SW ADA

The ADA, IDEA, and Section 504 in Education: Understanding the laws, advocacy strategies and current issues for our children with disabilities Presenter: Cheryl Theis, Education Advocate, DREDF • Unique alliance of people with disabilities and parents of children with disabilities • National law and policy center dedicated to protecting and advancing disability civil and human rights • Envisions a just world where all people, with and without disabilities, live full and independent lives free of discrimination • Disability rights are civil rights Children have rights • Information is power Children & Family Advocacy Program: • Parent Training and Information (PTI) Center for Alameda, Contra Costa & Yolo • Foster Youth Resources for Education (FYRE) for Alameda County • Legal advocacy and representation in Class Action cases involving systemic abuses • Educate legislators and policy makers on issues (such as IDEA, ADA) affecting the rights of people with disabilities Some reasons why we what we do: • Prior to IDEA in 1975, only in children with disabilities were served by US schools • In 2005, 56% of CA children enrolled in special education graduated with a diploma • In 2008, 36% of CA 10th graders enrolled in special education passed the CA High School Exit Exam (now a diploma requirement) • 85% of services specified in Individualized Education Plans (IEPs) are actually provided • Children with disabilities who have consistent, knowledgeable advocates are most likely to receive appropriate services & supports! Laws: That protect students with disabilities NCLB No Child Left Behind / 2002 • A federal Education Law • For ALL students, with a focus on traditionally “under-served” students • School accountability to increase school performance and outcomes • Requirements for “highly-qualified” teachers and paraprofessionals • Process to change school or get remediation if school fails to meet Adequate Yearly Progress (AYP) FERPA Family Educational Rights & Privacy Act • A federal Education Privacy Law • For ALL students • Right to inspect and review “any and all” records the district keeps Timeline in CA: within days • Right to request correction of records that are inaccurate or misleading • Right to consent to disclosures of personally identifiable information contained in education records 504 Section 504 of the Rehabilitation Act / 1973 • A federal Anti-Discrimination Law • Protects ALL people with a disability that impairs one or more major life activity (learning is one) • Prohibits discrimination in ANY program that receives federal dollars • Provides accommodations to remove discriminatory barriers • In education, a “504 Plan” removes barriers to learning and opportunities IDEA Individuals with Disabilities Education Act / 1975 • A federal Education Law • For students with at least one of 13 qualifying categories of disability • Who ALSO need specialized support and instruction to benefit from education • Provides a “special education” plan: “IEP” - specialized instruction - related supportive services • “IEP” must be individualized to meet a student’s unique needs The ADA The Americans with Disabilities Act / 1990 A civil rights law to prohibit discrimination solely on the basis of disability in employment, public services, and accomodations Protects: Any individual with a disability who: (1) has a physical or mental impairment that substantially limits one or more life activities; or (2) has a record of such impairment; or (3) is regarded as having such an impairment  Note: the person must be qualified for the program, service, or job Current Issues, Resources Gatekeeping/Stalling • ISSUE: Districts Stalling on providing a decision in WRITING so parent’s due process rights are triggered When district proposes or refuses to something that involves the child's identification, assessments, placement, or FAPE Parent is required to receive PWN ASK FOR IT! • PWN must include: (1) Description of action proposed or refused (2) Explanation of why school proposes or refuses to take that action (3) Each evaluation, procedure, test, report, etc the school used as a BASIS (4) Copy of the parent’s rights to challenge the action or inaction (5) Sources of advocacy assistance for parents (6) Other options the school considered and why they were rejected (7) Other reasons for the school’s action or inaction Current Issues, Resources Gatekeeping/Stalling • ISSUE: Districts are denying requests for assessment for special education (Child Find responsibility is to actively seek out and identify all children with disabilities in the district) because of concerns over “over-identification”, or need to complete Response to Intervention (RTI) or SST (California) process • EXP: Special education assessment request denied because “resources of general education are not exhausted” ? • TIP: Ask to see policy, and timelines! When general education interventions are being used, these should be short term, focused and data driven interventions that give team data—if they don’t work, go to higher level support Don’t wait • NOTE: If parent asks for assessment, district cannot simply state that general education interventions and supports are not “exhausted”—must provide data in detail about why referral is not appropriate using PWN Current Issues, Resources Gatekeeping: FAPE MEANS FREE! • ISSUE: When team agrees that a service or resource is necessary to student’s educational needs, school district is financially responsible The buck stops with the school district • EXP: Telling parents that student needs after school tutoring and they should provide it is not FAPE! • TIP: Try to get team agreement that service or support is necessary during IEP and write goal for it…parent can offer to “extra” but required services relate to goals at no cost to parent Current Issues, Resources PLACEMENT IS NOT A PLACE! • ISSUE: Placement is the set of services, supports, accomodations, specialized teaching Placement is the last consideration for an IEP team, after all issues talked through Must be Least Restrictive Environment STUDENT IS OUT OF PLACEMENT IF PACKAGE OF SERVICES NOT PROVIDE • EXP: Telling parents that student needs after school tutoring and they should provide it is not FAPE! • TIP: Try to get team agreement that service or support is necessary during IEP and write goal for it… parent can offer to “extra” but required services relate to goals at no cost to parent Current Issues, Resources Individualization • Districts often create programs for specific disabilities or types of students • IDEA says IEP must be written to the specific and unique needs of each student—one size fits all is not FAPE! • For young children, Developmental and Educational needs are interchangeable—and if the report card or progress report measures it (group cooperation, citizenship) and student is struggling, ask that it be addressed! Current Issues, Resources Transportation ISSUE: Students with Disabilities must have equal access to school sponsored events, including field trips, graduation ceremonies, etc EXP: Student not allowed to ride bus to field trip because not wheelchair accessible, or not able to get diploma on stage, no ramp SDC kindergarten not allowed to go to promotion ceremony (“they” won’t behave) These are ADA and 504 issues! Remember— students with an IEP also covered under 504 TIP: Make sure IEP or 504 plan ANTICIPATE these potential barriers and write goals around participation, and LRE Current Issues, Resources Assistive Technology • ISSUE: AT Assessments done by a certified AT Specialist can provide simple to highly complex technologies (pencil grip, laser pointer) to allow students to learn better, participate more fully, and DEMONSTRATE THEIR KNOWLEDGE • TIP: Ask for these assessments, esp when student hits middle school! • Digital books available to districts and students for free, eg Bookshare • Voice Recognition Software (Dragon, etc) can be invaluable— but include TRAINING IN IEP OR 504 plan! • See Center for Accessible Technology Website: • http://www.cforat.org/ Current Issues, Resources Seclusion and Restraint • ISSUE: School Districts may use emergency interventions ONLY when there is a serious risk of harm to student or others—not student jumping on desk, but student running into traffic See 18 U.S.C 1365(h)(3) for definition of serious bodily harm • EXP: Student who refuses to comply and is locked in “time out room” unattended, student with autism who is held down because of meltdown Harm is done—students not feel safe at school Current Issues, Resources Seclusion and Restraint (Cont.) • State policies vary widely – See: http://www2.ed.gov/policy/seclusion/seclusion-statesummary.html for a state by state summary of policies • Restraint and Seclusion should never be interventions allowed in the Behavior Plan—and parents should never be asked to proactively “consent” to them – See Aprais website “The Alliance to Prevent Restraint, Aversive Interventions and Seclusion” http://aprais.tash.org/ Current Issues, Resources Addressing Challenging Behavior • Addressing Behavior needs is an EDUCATION issue! • FUNCTIONAL BEHAVIORAL ASSESSMENTS (FBA) are research based, data driven tools that are used to develop a MEANINGFUL Behavior Support Plan If behavior needs are serious, and endanger person or others, than ask for a BEHAVIOR INTERVENTION PLAN (BIP) or similar instrument that can be predictive, identify necessary skills deficits, teach replacement behaviors Current Issues, Resources Addressing the needs of Youth in Transition • FUNCTIONAL VOCATIONAL ASSESSMENTS (FVA) can be important tool— remember that services and supports are driven by assessment—WHERE ARE WE NOW, AND WHERE DO WE WANT TO BE IN YEAR? • OSEP Indicator 13 checklist lets families, advocates see what school district/state are being expected to under IDEA 2004 • http://www.nsttac.org/indicator13/indicator13_checklist.aspx • Plan must be in IEP NO LATER THAN age 16, and address independent living, post secondary, and vocational needs Support must be provided! Current Issues, Resources Foster and other Vulnerable Students • Children with disabilities who are in foster care, kincare, homeless, or otherwise vulnerable need advocacy the most— more often abused and neglected, more often underserved, poorest outcomes • These children are often the least served—no one to advocate for them • See DREDF website: www.dredf.org • Foster Youth Resources for Education (FYRE) and Foster Youth with Disabilities in Transition (FYDT) Clearinghouse • Special protections, in IDEA part C, and in new Fostering Connections Law Resource Links DOWNLOAD DREDF Training Materials!!! dredf.org/special_education/trainings.shtml “Info-to-go”: TRANSITION from Early Intervention to PreK and from PreK to Kindergarten: www.dredf.org/special_education/training_materials_3_14/ ITG_TRANS_PRE-K.pdf DREDF: CARS+: www.dredf.org http://www.carsplus.org/links.php CDE Special Education: http://www.cde.ca.gov/sp/se CDE Home: www.cde.ca.gov CDE/PENT (Behavior): www.pent.ca.gov Disability Rights CA (DRC): www.pai-ca.org PACER: www.pacer.org www.taalliance.org NICHCY: OSEP: Wright’s Law: www.nichcy.org/ www.osepideasthatwork.org www.wrightslaw.com Resource Books GOALS: “From Gobbledygook to Clearly Written Annual IEP Goals” “Writing Measurable IEP Goals and Objectives” Barbara D Bateman ADVOCACY: “From Emotions to Advocacy” www.wrightslaw.com SPECIAL EDUCATION RIGHTS & PROCESS: “Special Education Rights & Responsibilities” (CA specific) www.pai-ca.org/pubs/504001SpecEdIndex.htm CA Dept of Ed “A Composite of Laws” order form: www.cde.ca.gov/sp/se/ds/documents/colordrfrm.doc Other CDE Publications: www.cde.ca.gov/re/pn/rc “Negotiating the Special Education Maze” Winifred Anderson, et al “The Complete IEP Guide” Nolo Press Lawrence M Siegel “Special Education Law” www.wrightslaw.com A network of Parent Training & Information (PTI) Centers is available for every county across the country PTI’s provide technical assistance and training to parents/guardians of school-age children with disabilities, and professionals who serve these students and their families Here is a list by region/state: http://www.taalliance.org/ptidirectory/pclist.asp Contact DREDF at: Phone Toll Free Fax Email Website 510.644.2555 800.348.4232 510.841.8645 iephelp@dredf.org www.dredf.org ... able to ” REALISTIC / RELEVANT: to child’s unique needs that result from the disability TIME-LIMITED: what does the child need to know and be able to after year of special education? Monitored... required for eligible students with a disability to perform essential functions of the job   • ADA protections apply to nonsectarian private schools, but not to organization or private schools, or entities... Rehabilitation Act of 1973 represent three attempts to improve the living conditions of those with disabilities, to ensure equal access, and to promote inclusion Go to: http://www.dredf.org/advocacy/comparison.html