EDLD+5344,+School+Law+Help+Page!!!!

Here's the link to our Week 2 Page!: http://epressler.wikispaces.com/School+Law+Help%2C+Week+2 Please post emails to educators--such as **__counselors, principals, diagnosticians, classroom teachers__**--who would be willing to participate in phone or email interviews to contribute to our research in this course. Use the table below to stay organized. [] This site was recommended by our classmate Shanda Shoop. I have am also providing here some documents I obtained from the AISD site. Hopefully, the documents above, and other information on the AISD site will help us answer our week 1 assignment questions. || * * || * * ||  ||   ||   ||   ||   ||   ||   || The following documents were forwarded to me by Laura Diess of El Camino ISD (Northside Elem.). Some are hard to read because they were scanned and saved as JPEGs, which I enlarged and converted to PDF so people can download them more easily. However, these documents still provide an overview of how special education processes work. ||  ||   ||   ||   ||   ||   ||   ||   ||   || Beaumont ISD has a 267 page document called //Operating Guidelines for// //Special Education Services//. Of course we don't have time to read it, but a quick scan may yield some information for the assignment. [] ||  ||   ||   ||   ||   ||   ||   ||   ||   ||
 * Here is the URL for the Arlington ISD Special Education site:

Here are the items we must complete for the Week 1 assignment: I think "what I know" and "what I want to know" can come from our current knowledge. The "what I learned" part could come from the readings or interviews with special education staff or others knowledgable about the IEP/ARD process. I woud suggest citing information from the articles, with page numbers (not on the rubric, but couldn't hurt). Please use different colors to distinguish your contributions (names not necessary, we just want to know when one bit of input ends and the next begins). education, and before reading the articles provided for this week, I possessed only a   very general knowledge of eligibility criteria and evaluation methods for special education. Regarding determination of eligibility:  · Students must be evaluated by  a qualified diagnostician  (provided by the school district or an  outside agency).  · A number of factors are considered,  such as school performance (grades, test scores),  teacher observations, and disciplinary records.  · Eligibility is based on a number of predefined  mental and physical disabilities.  · Students determined to be disabled are  entitled to appropriate accommodations and  modifications that will allow them obtain a  free appropriate public education (FAEP). Regarding evaluation:  · Teachers or parents may recommend a  student for evaluation, but parents must agree in   writing. <span style="font-family: 'Times New Roman','serif'; font-size: 10pt;">Revaluation takes place periodically for students receiving <span style="font-family: 'Times New Roman','serif'; font-size: 10pt;">special education services. || __**What I Want to Know**__ What laws or public policies support/mandate/require identification/evaluation of special needs students? What are the legal obligations of the school/district in   identifying and evaluating special needs students? Can parents decline evaluation for special education when educators perceive a clear need? Must special education students be reevaluated when they transfer from another school district or state? Who reviews results of tests and evaluations to determine eligibility for special education services? In cases of students whose parents cannot be located, how is consent satisfied? How long does it take from the time a referral is made until eligibility is determined? What happens when a parent disagrees with the results of   an evaluation? || **__What I Learned__** IDEA, the Individuals with Disabilities Act (amended 2004) and Section 504 of the Rehabilitation Act (1973) both address identification/eligibility of disabled students. IDEA is a federal law, while Section 504 is a civil rights statute (deBettencourt, 2002). Under IDEA’s //Child Find// stipulation, schools must make efforts to identify, locate and evaluate all children throughout the state in need of special education services; however, parental consent is required for evaluation for special education services to proceed (//Notice of Procedural Safeguards//, 2009). School districts may request mediation or a due process hearing to challenge a parent’s refusal of evaluation but are not legally bound to do so   (//A Guide to the Admission, Review, and Dismissal Process//, 2010). LEAs have the right to request reevaluation of a student who transfers, especially from out of state; however, the student’s current IEP remains in place until reevaluation takes place (Hyatt, 2007). The campus ARD committee makes decisions about eligibility; although the parent is always a member, the decisions may proceed if the parent refuses to attend. When a parent or   guardian cannot be located, the school may assign a “surrogate” to act in place of the parent (//Notice of Procedural Safeguards//, 2009). RTI (Response to Intervention) is the currently preferred model for determining eligibility, replacing the IQ-achievement discrepancy model (Martinez, Nellis, & Prendergast, 2006). Under the RTI model, students are offered levels of interventions and services available to all students; students are referred for special education evaluation only when these interventions fail to remedy achievement deficits (//A Guide to the Admission, Review, and Dismissal Process//, 2010). The ARD committee has 30 days from the time the FIE (Full Individual Evaluation) is completed to make the eligibility determination (//A Guide to the Admission, Review, and Dismissal Process//, 2010). <span style="display: block; font-family: 'Times New Roman','serif'; font-size: 7pt;">Under IDEA, schools must provide impartial hearings or mediation <span style="display: block; font-family: 'Times New Roman','serif'; font-size: 7pt;">in all instances of parental disagreement (deBettencourt, 2002); <span style="display: block; font-family: 'Times New Roman','serif'; font-size: 7pt;">parents also have the right to request an independent evaluation at public <span style="display: block; font-family: 'Times New Roman','serif'; font-size: 7pt;">expense (//Notice of Procedural Safeguards//, 2009). || the IEP (Individualized Educational Program) to contain the following components, or otherwise address the following issues in regard to helping the student reach his/her learning potential: · Long and short term measureable achievement goals/objectives. · Appropriate instructional modifications. · Appropriate classroom accommodations. · Appropriate testing modifications or accommodations, as needed. · A behavioral modification plan, if needed. · Provisions to ensure that students receive instructions in the “least restrictive environment,” when such placement facilitates achievement of learning goals. <span style="display: block; font-family: 'Times New Roman','serif'; font-size: 10pt;">I also know that the IEP is subject to change based on periodic reevaluation and monitoring of the student’s progress. || **__What I Want to Know__** What is the revision process for IEPs and how often are they revised? What are the parent’s and the student’s roles in the IEP process, and what happens when a parent disagrees with the IEP? What is the nature of the goals listed in the IEP and how are they determined? How “long range” are goals mentioned in a student’s IEP? Must the IEP specifically address standardized testing, such as TAKS? How are classroom accommodations and instructional modifications determined? To what extent does the IEP address placement of the student in the regular or special education classroom? How is discipline addressed in the IEP? || **__What I Learned__** Much of the information I found regarding IEP components comes from //A Guide to the Admission,// //Review, and Dismissal Process// (2010): * The ARD committee meets annually, but the school and the parent may make limited changes to the IEP (excluding changes to eligibility   determination, placement, and manifestation    determination review) without a scheduled meeting. Amendments to the IEP must be   documented and distributed to the parent. * During the ARD meeting, the parent is the primary representative of the student (though the student may be present) until the student reaches age 18. The parent may request mediation or an impartial hearing to challenge the IEP. * The IEP must contain measurable annual goals that, taking the student’s disability into account, promote the student’s progress in the general curriculum. Measurement methods for these goals must be included in the IEP. · Long term goals related to   “transition planning” for continuing education or work force entry must be   addressed in the IEP by age 16; short-term objectives are no longer required unless the student will participate in an alternative form of   assessment to state mandated tests (Hyatt, 2007). * The IEP must contain a statement of   appropriate testing accommodations regarding state mandated tests. For students taking alternate assessments, the IEP must explain why the student cannot participate in   regular assessments. For students who fail to   meet assessment goals, the IEP must address the student’s accelerated/intensive program of   instruction. <span style="display: block; font-family: 'Times New Roman','serif'; font-size: 8pt;">* Research-based supplementary aids and services <span style="display: block; font-family: 'Times New Roman','serif'; font-size: 8pt;">must be listed. Program modifications and supports <span style="display: block; font-family: 'Times New Roman','serif'; font-size: 8pt;">for school personnel must be included. Special <span style="display: block; font-family: 'Times New Roman','serif'; font-size: 8pt;">strategies are mentioned for children with Autism. <span style="display: block; font-family: 'Times New Roman','serif'; font-size: 8pt;">The need for year-round services and educational <span style="display: block; font-family: 'Times New Roman','serif'; font-size: 8pt;">program placement are addressed in the IEP, along <span style="display: block; font-family: 'Times New Roman','serif'; font-size: 8pt;">with graduation criteria and discipline plans, may also be covered in the student’s IEP, as appropriate. || * * || What I Want to Know || What I Learned || **//Please use different colors to distinguish your contributions (names not necessary, we just want to know when one bit of input ends and the next begins).//** "The staff members are very pleased with the process as it is very inidivdualized to each student's needs." stated an elementary level developmental teacher in Klein ISD. "We customize each IEP with the knowledge of each student's performance, strengths and weaknesses. We ask for teacher input to help make the IEP process a collaborative effort." She stated that once the IEP is pulled together, then they work with the parents for further input and collaboration. "It is less overwhelming and much more productive when we create the IEPs this way. Parents are oftentimes overwhelmed by the terminology and all the necessary components when pulling an IEP together, we have found that this is a much more suitible approach for all involved." As far as the teacher input, it is essential to know the student's progress in a classroom setting according to the educators serviing these students." -Diana || Ms. Swaim discussed that she found the most confusing aspect to the IEP process is how the district wants them to be written. She stated that the district would like IEPs to be written in a particular format and this can be confusing to team members who have been accostomed to write their IEPs in their own structured format. || In Klein ISD, the process is somewhat involved but not confusing. Ms. Swaim stated that first the child and parents meet with the diagnostician and she/he discusses the process with all involved. The child is then tested and observed. Speech pathologists and OTPT may also be involved in this process to ensure all areas are covered. Once the results are scrutinized, the diagnostician explains his/her findings to the parties involved and the decision is then made if the student may or may not qualify for benefits. || Ms. Swaim stated that the greatest improvement that the district is putting forth as of late is the effort to create a standardized format for IEPs; so that when a student moves from one campus to the next, everything is laid out in a manner that is easily found and comprehensible. She believes communication between campuses is essential when students move up to intermediate and high school levels. She states that oftentimes, there is insufficient communication between counselors, special ed. teams, etc., that students' transitions into the upper-level campuses can sometimes be quite frustrating. She also stated that Klein ISD is placing great emphasis on using rubrics to create their IEPs which help to narrow down and focus on the students' needs in a manner that allows teachers to follow more easily. || Ms. Swaim states that "yes, generally speaking, the IEPs are implemented effectively at the school level." She feels that some teachers are not clearly aware of the components for an IEP and may be confused as to whom must implement them. "Oftentimes," she stated, "that teachers do not carry out specific details in IEPs for the assumption that the sp.ed. dept is supposed to handle them. According to the law, all teachers must carry out IEPs as written or they can face charges. These IEPs are mandated to be followed by all involved. Now, if the educator feels some of the components in the IEP are not what the student needs, then a special session may be carried out to amend the IEP. Sometimes this occurs with a special session ARD." ||
 * Special Education Eligibility and Evaluation ||
 * __**What I Know**__ Based on my past experience in K-12
 * IEP Components ||
 * __**What I know**__ Based on my previous experience, I understand
 * Implementing the IEP ||
 * What I know
 * 1. How do school staff members feel about the IEP process as a whole? Is it stressful? Do they feel it represents a true collaboration between parents and staff members to best serve students? * According to one special education coordiantor (Arlington ISD), general ed. staff members have a limited idea of what goes into IEP development. Overall, school staff members don't report a high stress level in relation to the day-to-day process; rather, the process entails a lot of paperwork, which makes it "cumbersome."
 * 2. Which aspects of the IEP process most confuses or discourages team members? * A special ed. coordinator (Arlington ISD) reports that implementation of goals, objectives, modifications, and accomodations most confuses/discourgages team members, and many teachers do not realize they are legally liable to carry out all aspects of the IEP in their classrooms. This person's response implies that more PD should address teacher responsibilities and exactly how to carry out obligations for the special needs student.
 * 3. How does your school/district determine whether students are eligible for special education? *A special ed. coord. (Arlington ISD) reports that the RTI model is used to determine eligibility for sp. ed. services. Students' behavior, grades, standardized test scores, and teacher observations/comments are also considered.
 * 4. What do IEP team members say can be done to better improve the process? *A special ed. coord. (Arlington ISD) reports that greater cooperation/communication between general ed. and special ed. staff would improve the IEP process.
 * 5. Are students' IEPs effectively implemented at your school? What can be done to improve implementation? *According to the sp. ed. coord. (Arlington ISD), more training for teachers regarding proper implementation would help. Also, teachers need to realize the extent of their legal responsibility: If taken to court, the district's legal team or that of the teacher's professional organization will rarely represent a teacher unless proof of compliance with IEP is shown.