Enhanced Learning Skills for Kids » Special Education Law http://www.els4kids.com Train.Teach.Transform Wed, 08 Feb 2012 16:32:50 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 Special Education Terminology http://www.els4kids.com/special-education-terminology/?utm_source=rss&utm_medium=rss&utm_campaign=special-education-terminology http://www.els4kids.com/special-education-terminology/#comments Sat, 27 Feb 2010 21:23:48 +0000 colleen http://www.els4kids.com/?p=2014

Special Education Terminology by Colleen Bain, M.A.


1.      PL 94-142:

PL94-142 is a law that was passed in 1975 requiring that public schools provide a "free appropriate public education" to school-aged children ages 3-21 (exact ages depend on your state's mandate), regardless of disabling condition; also called the Education For All Handicapped Children Act, with recent amendments now called the Individuals with Disabilities Education Act (IDEA).   http://www.fapeonline.org/terms.htm

2.      IDEA:

In 1997, The Individuals with Disabilities Education Act (IDEA) was reauthorized (P.L. 105-17). The IDEA Amendments of 1997 (IDEA '97) require states receiving IDEA funds to ensure that a free appropriate public education is made available to children with disabilities in mandatory age ranges in the least restrictive environment. One of the major emphases in the reauthorization of IDEA is that students with disabilities must have access to the general curriculum, that is, the same curriculum as for non-disabled students and be held to challenging performance standards. Thus, the provisions in IDEA '97 regarding the participation of students with disabilities in general state and district-wide assessment programs, with appropriate accommodations and modifications in administration, where necessary, promote these important statutory purposes. [20 U.S.C. §1412(a)(17)(A) and 34 CFR §300.138(a)]  
http://www.teachervision.fen.com/teaching-methods/educational-testing/4132.html

 

 

3.      Section 504:

Like the Americans with Disabilities Act (ADA), Section 504 prohibits discrimination against students with physical and mental disabilities who attend public school. The section protects students, whose physical or mental impairments substantially limit one or more “major life activities,” such as caring for themselves, seeing, breathing, walking and learning. Like the ADA, this statute protects both children with physical and mental disabilities who are not, and should not be receiving special education services, and children receiving special education services. Section 504 differs from the ADA in that it applies only to programs of the federal government and programs that receive federal funds. The New York City Board of Education receives federal funds and is covered by Section 504. Section 504 requires school districts to: develop and implement standards and procedures for identifying, assessing and assuring appropriate placement of eligible students; ensure the provision of necessary individualized services and support; and train teachers and support staff to perform services or make accommodations in the classrooms. Section 504 can require administration of medication, monitoring students’ physical well-being, provision of accessible facilities, use of equipment like tape recorders and calculators, counseling, and test modifications or accommodations. http://wrightslaw.com/info/sec504.index.htm

 

 

4.      Individualized Educational Plan (IEP):

The term “individualized education program” means a written statement for each children with a disability that is developed, reviewed, and revised and includes statements about present levels of educational performance, measurable annual goals, special education and related services and supplementary aids and services to be provided, etc.  Related to assessments, the IEP must include a statement of any individual modifications in the administration of State or district wide assessments of student achievement that are needed in order for the child to participate in such assessment, or if the IEP team determines that the child will not participate in a particular State or district wide assessment, a statement of why that assessment is not appropriate for the child, and how the child will be assessed. http://education.umn.edu/nceo/Presentations/tele2/DisabilityTerms.htm

 

 

5.      Multi-Disciplinary Committee (MDC):

MDC is a team consisting of more than two specialists such as a special educator, speech and language pathologist, psychologist, occupational therapist, used to help determine the students needs  

 

6.      Child Study Team (CST):
The Child Study Team is located in each school building to receive and act upon referrals of students suspected of being disabled. The membership of this committee usually consists of at least three persons, including the school principal or a person chosen by the principal, the teacher or teachers, specialists, and the referring source if appropriate.

 

 

7.      Least Restrictive Environment (LRE):

Under the IDEA all children who require special education services must be educated in the least restrictive setting appropriate to their individual needs. The statute states that “each public agency shall ensure – (1) That to the maximum extent appropriate children with disabilities … are educated with children who are non-disabled; and (2) That special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.” In other words, if a child can learn in a general education class with necessary supports and services, s/he must be allowed to do so. If that’s impossible, then there must be a continuum of placements and services to allow for the individual needs of children receiving special education services to be met in the most integrated settings appropriate.   http://www.wrightslaw.com/advoc/articles/idea.lre.fape.htm

 

8.      Regular Education Initiative (REI):

An initiative from the Office of Special Education and Rehabilitation Services sponsored by Madeline Will in 1986 that advocated the integration of general and special education into one educational system for all students. 

 

9.      Non-discriminatory assessment:

A key principle in IDEA, this refers to assessing the abilities and needs of the individual student in a fair and unbiased manner to plan for an appropriate education based on the student's strengths, weaknesses, and exceptional learning needs. 

 

10.  Extended School Year (ESY):

Extended school year is a provision for a special education student to receive instruction during ordinary school “vacation” periods. 

 

11.  Appropriate placement:

Most appropriate placement is defined as "the environment in which all the needs of a student are best met, where the student acquires the greatest benefits from the educational program" (Curry & Hatlen, 1988, p. 420).  The “most enabling placement is one in which the student has the opportunity to fully participate in all aspects of the school experience including acquisition of special skills, thereby providing an academic, social, and emotional environment that encourages a holistic development in preparation for life.  The issue is the quality of education provided within a particular placement as measured by the degree to which specific, unique needs of a student with a visual impairment, as appropriately assessed and identified in his or her IEP, can be met" (Huebner, 1989). 

 

12.  Inclusive education: 

Inclusion is a term often used to describe an LRE method of educating children in need of special education in a general education classroom in the school they would have attended if not disabled, with age appropriate peers, and with appropriate supports and services.

 

13.  Mainstreaming:

As defined by the Board of Education “mainstreaming is the placement of a special education student with a disability in the general education classroom with age appropriate peers for those areas of instruction in which the student’s academic and behavioral performance is within the range of his or her non-disabled peers and is not impacted by his or her disability.” Mainstreaming can occur in academic classes or during other times of day including, for example, lunch, gym, and shop. In contrast to other LRE placements, mainstreaming does not require supplementary aids and services.  

 

14.  Self-contained setting:

    A self-contained setting is a special class for specific types of disabled students who spend all or the largest portion of the school day away from the non-disabled.

 

15.  Resource setting:

Instruction in a resource setting is provided by a Special Education teacher and is designed to meet individual academic needs and increase academic competence. http://cfbstaff.cfbisd.edu/huie/HTML/Special.htm

The purpose of the resource concept is to provide educational resources to the exceptional student, his teachers and his parents. These resources make possible the exceptional student’s continued enrollment in the regular classroom.  Included in the resource concept is the resource setting which consists of a student attending resource for one-half to three hours a day.  http://www.naset.org/2218.0.html

 

16.  Attention Deficit Disorder (ADD): 

Now referred to as AD/HD, subtype, “Predominantly Inattentive Type” for someone with serious inattention problems, but not much problem with hyperactivity/impulsive symptoms;

In 1994 the name of the disorder got changed in a way that is confusing for many people. Since that time all forms of attention deficit disorder are officially called “Attention-Deficit/Hyperactivity Disorder” after which a comma appears. After the comma, a subtype is specified:

• “Predominantly Inattentive Type” for someone with serious inattention problems, but not much problem with hyperactivity/impulsive symptoms;

• “Predominantly Hyperactive/Impulsive Type for someone with serious problems with hyperactivity/impulsivity, but not much problem with inattention.

Even though these are the official labels, a lot of professionals and lay people use both terms: “ADD” and “AD/HD.” Some use those terms to designate the old subtypes; others use ADD just as a shorter way to refer to any subtype.  http://www.help4adhd.org/en/about/what/WWK8

17.  Attention Deficit Disorder/Hyperactive Disorder (ADDHD):
Same as above relative to ADD/HD is now referred to as AD/HD with the subtype Combined Type” for someone with serious inattention problems and serious problems with hyperactivity and impulsivity.  http://www.help4adhd.org/en/about/what/WWK8

18.  Transition services:

The term `transition services' means a coordinated set of activities for a child with a disability that–

(A) is designed to be a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;
(B) is based on the individual child’s needs, taking into account the child's strengths, preferences, and interests . . . "  http://www.wrightslaw.com/idea/art/defs.transition.htm

19.  Accommodation plan:

An Accommodation Plan is a written plan that describes the services and placement a child receives. This is developed and monitored by general education professionals. A group of individuals knowledgeable about the child develop the Accommodation Plan. Children who are eligible for special education services under IDEA already have a comprehensive Individualized Education Program, and do not have an additional Section 504 Accommodation Plan. http://college.hmco.com/education/resources/res_prof/students/spec_ed/legislation/pl_93-112.html#modifications

 20.  Specific Learning Disability:

The IDEA (2004) definition of SLD – “The term ‘specific learning disability’ means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations.

Such term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Such term does not include a learning problem that is primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage.”

  

 
 

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]]> http://www.els4kids.com/special-education-terminology/feed/ 1 Litigation Advisory: Least Restrictive Environment Placement In New Jersey http://www.els4kids.com/litigation-advisory-least-restrictive-environment-placement-in-new-jersey/?utm_source=rss&utm_medium=rss&utm_campaign=litigation-advisory-least-restrictive-environment-placement-in-new-jersey http://www.els4kids.com/litigation-advisory-least-restrictive-environment-placement-in-new-jersey/#comments Thu, 25 Feb 2010 23:16:23 +0000 colleen http://www.els4kids.com/?p=1995


You should have received a Notice of Disclosure of Student Records (“Notice”) from your child’s school district recently. It explained that Disability Rights New Jersey, The ARC of NJ, SPAN, and The Education Law Center (the “Plaintiffs”) have filed a lawsuit on behalf of all classified children in New Jersey alleging that too many children with disabilities are being educated in segregated classrooms for the disabled and are not in the “Least Restrictive Environment.”

We’ve heard from many confused parents who are not sure if they should allow access to their child’s records or not. Here is some information about the Lawsuit and requested records release that may help you with your decision:

What Is The “Least Restrictive Environment” (“LRE”)?

The law requires that classified children be educated with their non-disabled peers “…to the maximum extent possible.”

That last part is important. A determination of what the “LRE” is must be made based on each child’s unique needs. So, while some children may benefit from being educated with their non-disabled peers, other children may need a more segregated or specialized environment to enable them to learn.

What Is The Basis For This Lawsuit?

The Plaintiffs in this case based their allegations (in part) on a statistical analysis of where students are being educated, not on how specific placements were determined. New Jersey has a higher percentage of classified students in self-contained classrooms and specialized schools for the disabled than any other state. The Plaintiffs are alleging that overly restrictive placements are a systemic issue (i.e., that classified students are routinely segregated without reason or justification) and they have requested the student records of every classified child in the state of New Jersey to help them prove their claim.

Will My Child’s Records Be Released?

Yes, unless you file an objection. In this action, the Plaintiffs have requested that the State DOE (“Defendant”) turn over certain records of every classified child in New Jersey “under seal” (which means the records will not be made public, but will be available to the Plaintiffs, Defendants, their attorneys, and any experts they may hire to assist them in this case).

The letter you received in the mail is the “Notice” required to be given to you under the Family Educational Rights and Privacy Act (“FERPA”) informing you that your child’s records will be released unless you take the action described in the Notice. If you do not want your child’s records to be released for consideration in this lawsuit, you must file an “Objection to Disclosure” form (see below).

What Information And Records Will Be Released?

Some identifying information such as your child’s social security number will not be released at any time. However IEP’s, evaluation reports, your child’s name, date of birth disability category, and whether your child receives counseling services may be released. The Notice you received describes the information that has been requested, and you should read that section carefully.

If you do not object to the release of records, you will not be told which of your child’s records have been provided to the parties or when they have been released. In other words, if you agree to allow the release of records, you should assume all records available for your child will be released to the Plaintiff’s representatives and attorneys.

This would include any privately obtained reports you may have shared with the school as well as any outside evaluations the school has conducted over the years (including any reports from medical specialists). You cannot select which records are released. If you take no action, you are agreeing to the release of any and all records available for your child.

Who Will See My Child’s Records If I Release Them?

The Plaintiffs, their attorneys, and various experts employed by the parties (Plaintiffs or Defendants) may review the records. You will not be told who sees your child’s records or even if they are reviewed.

Why Do They Want My Child’s Records?

The records have been requested as part of “discovery,” which is a process of sharing information that the parties believe will help them prove or disprove the claims in the lawsuit.

Do I Have To Allow My Child’s Records To Be Released?

No, but you need to take action to prevent the release if you do not want your child’s records to be provided to the parties in the lawsuit. If you do not file an objection before March 11, 2010 you should assume your child’s records will be released.

How Can I Prevent My Child’s Records From Being Released?

If you do not wish to allow your child’s records to be released, you must file the “Objection to Disclosure of Student Records” form with Michael C. Walters, Deputy Attorney General, Department of Law and Public Safety, Division of Law, 25 Market Street, P.O. Box 112, Trenton, NJ 08625 by March 11, 2010. If you do not file this form, your child’s records will be released as requested by the Plaintiffs in this case.

Should I Object To The Release Of My Child’s Records?

This is an individual decision. In this lawsuit, the Plaintiffs have essentially told the court that they speak for parents of all children with special educational needs, and that as a whole, parents believe that too many students are being educated in segregated classrooms and out-of-District placements. If the Plaintiffs prevail, they are asking a judge to order the NJ DOE to take actions to ensure more classified students are educated with their non-disabled peers in programs within the schools they would otherwise attend if they were not disabled (i.e., in-district placements).

If you agree with the Plaintiffs that too many students are educated in segregated (e.g., self contained classrooms or specialized schools for the disabled), you would probably want to allow your child's records to be disclosed, in which case you do not need to file a form.

If you do not care whether your child’s entire special education record is released for review, you need do nothing.

If you object to the release of your child’s entire educational record, then you need to file the Objection form to prevent disclosure of your child’s records.

If you do not agree that there are too many students are being educated in out-of-District placements or segregated classrooms, then you are essentially not in agreement with the reasons behind the lawsuit, and you would probably not want to allow your child's records to be disclosed. Again in this case you need to take action by completing and sending in the Objection form to prevent the disclosure of your child's records.

If you object to the release of your child’s records for any reason, you must complete the form and return it by March 11, 2010.

Your child’s individual IEP will not be directly impacted by your decision to release or withhold these records, however, if this lawsuit is successful, districts will likely be required to educate more students with their non-disabled peers (i.e., in their “home schools”), which could have an indirect effect on your child’s IEP and placement.

A source from the NJ DOE has confirmed that, as a result of this lawsuit, the NJ DOE has “advanced its agenda” topromote placing students in their home schools more often and doing fewer out of district placements. So, although the Plaintiffs in this lawsuit are not asking for any changes to individual IEPs, the lawsuit has reportedly already had an indirect impact on out of district placements.

Whatever you decide, please make an informed decision.

If you have any questions regarding the above information, please feel free to contact us at (973) 252-4541

Special Education Alliance

Quality of life begins with education

10 Crenshaw Drive

Flanders, NJ 07836

Phone 973.252.4541

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]]> http://www.els4kids.com/litigation-advisory-least-restrictive-environment-placement-in-new-jersey/feed/ 0 What is an Individualized Education Plan (IEP) http://www.els4kids.com/individualized-education-plan-iep/?utm_source=rss&utm_medium=rss&utm_campaign=individualized-education-plan-iep http://www.els4kids.com/individualized-education-plan-iep/#comments Wed, 20 Jan 2010 13:00:48 +0000 colleen http://www.els4kids.com/?p=1657




The Individualized Education Program (IEP) is a legal document required by the Individuals with Disabilities Education Act (IDEA).  IDEA '97 to IDEA 2004 made some significant changes in areas within the IEP.  As recent as July 2005, changes were going into effect that would impact the IEP.  The role of the IEP in a public school student's education is to guide the teaching-learning process for a particular child.  Usually, an IEP team is responsible for the development of the IEP document.

*An IEP team usually consists of many people.  Usually, a Child Study Team consists of a caseworker, a school psychologist, speech, O.T. and P.T. therapists, special educator, regular educator, learning specialist, reading specialist and the parent(s) or legal guardians. 

With the end of the school year approaching us quickly, public school students are in need of having their IEPs reviewed.  You may need to address changes in learning goals, extended school year (ESY), and more.  If you have not had your IEP reviewed yet, you can request a session through your child study team if your changes cannot be made through a simple request with the special educator. 

So you know, most schools will work IEPs throughout the entire summer.  The child study teams work the whole summer and do not get the same time off as the teachers, per se.  So recognize changes and meetings may occur but you may not have the "teachers" in the room.  Some schools will have the teacher via conference call so the new teacher will have input and awareness of the incoming student for the following year.

A good conversation to have with yourself to prepare for your meeting to ask yourself some logical questions.  For example, what worked well for your child this year?  If you can identify these services or approaches than you will want to make sure they are carried over into the following year.  

Be sure to review your child's present level of performance which is strengths and weaknesses.  If there are methods that were used that were not helpful than start researching for alternative approaches that are researched based programs or methods.  For example, lets say your child is weak at reading and the school used a program that was researched based that came from Houghton Mifflin.  This program did not make progress in your mind.  Look at other programs that schools work with to see if its a good fit.  You may look into Wilson Reading, Project Read, LindaMood Bell, or others. 

For Extended School Year (ESY) services, all I need to say here is that this area of discussion is not just for summer school that occurs at your school.  Your child is able to be exempt from the extended school year and receive a teacher from the school as a 1-1 tutor for the summer.  You and your IEP team will agree upon tutoring in which areas of basic skills/academics and how many hours.  The teacher can come to your home, if they agree or you meet at the school.  The school pays for the tutoring.

If students are transitioning to a new school – say intermediate/middle/high schools, then you are wise to take a separate tour of the school facilities with the receiving child study team.  Your child will most likely receive a tour from within school.  You can most certainly receive a personal tour from the new school at your time during active school hours.  Why?  This way you know what your child is walking into and can prepare to support them. 

You can also find out the hours/days the school will be open during the summer and have your child go with you a few times to get the feel for the new territory.  Let them roam around and find the cafeteria, gym, music, woodshop, nurse and the main office. 

If your child is just starting with lockers, your child study team can make arrangements to have your child's combination available for practice.  Once the main office receives the information for all students, you can be given access to your child's info and let your child start to practice.  This is an agreement that needs to be made during your end-of-year IEP or in a follow-up phone call.

Lastly, parents, be nice!  Prepare an agenda with your concerns and be sure to provide the agenda to the IEP ahead of the meeting date.  Bring extra copies with you for any surprise attendees.  If you need to send a letter for followup or thank you or to request a meeting, be wise and hand deliver this letter to the child study team leader.  Be sure to make copies of everything for your own reference and history.

Good Luck IEPing parents!  Remember – I am available to attend IEPs if needed.  I am there to introduce and relay information about my Student Transformation Program.  Schools are usually glad to hear about the program because we help their teachers do their jobs a bit easier and more successfully.  Their students are arriving with a "clean slate" and able to process/retain/recall easier and more efficiently.

Click here for a listing and definitions on Special Education Terms relating to IEPs.

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]]> http://www.els4kids.com/individualized-education-plan-iep/feed/ 0 Special Ed Law Blog http://www.els4kids.com/281/?utm_source=rss&utm_medium=rss&utm_campaign=281 http://www.els4kids.com/281/#comments Sun, 18 Oct 2009 01:52:11 +0000 colleen http://www.els4kids.com/?p=281

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