Navigating The Course: Finding Your Way Through IndianA’S .

1m ago
11 Views
0 Downloads
1.76 MB
71 Pages
Transcription

NAVIGATING THE COURSE: FINDING YOUR WAY THROUGH INDIANA’S SPECIAL EDUCATION RULESASDAutism Spectrum DisorderIFSPIndividualized Family Service PlanBIPBehavioral Intervention PlanIHOIndependent Hearing OfficerBLVBlind or Low VisionISTARInd. Standards Tool for Alternative ReportingCCCCase Conference CommitteeLRELeast Restrictive EnvironmentCSEPChoice Scholarship Education PlanLSILanguage or Speech ImpairmentCDCognitive DisabilityMDMultiple DisabilitiesDBDeaf-BlindM-TEAM Multidisciplinary TeamDDDevelopmental DelayNOPSNotice of Procedural SafeguardsDHHDeaf or Hard of HearingOHIOther Health ImpairmentECAEnd of Course AssessmentOIOrthopedic ImpairmentEDEmotional DisabilityOTOccupational TherapyEIEducational InterpreterPARPublic Agency RepresentativeESYExtended School YearPLOPs Present Levels of PerformanceFAPEFree Appropriate Public EducationPTPhysical TherapyFBAFunctional Behavioral AssessmentRTIResponse to InterventionFERPA Family Educational Rights and Privacy ActSBOEState Board of EducationIACIndiana Administrative CodeSLDSpecific Learning DisabilityIAESInterim Alternative Educational SettingSOPSummary of PerformanceIDIntellectual DisabilitySPService PlanIDEAIndividuals with Disabilities Education ActTBITraumatic Brain InjuryIDOEIndiana Department of EducationTORTeacher of RecordIEEIndependent Educational EvaluationTOSTeacher of ServiceIEPIndividualized Education Program

NAVIGATING THE COURSE: FINDING YOUR WAY THROUGH INDIANA’S SPECIAL EDUCATION RULESTABLE OF CONTENTSTABLE OF CONTENTS . 1SECTION I . 6INTRODUCTION . 6ARTICLE 7 . 7SECTION II. 9IDENTIFICATION, REFERRAL, INITIAL EVALUATION, REEVALUATION,INDEPENDENT EDUCATIONAL EVALUATION. 9511 IAC 7-40 . 9OVERVIEW. 9INITIAL EVALUATION REQUEST, WRITTEN NOTICE, AND CONSENT . 10Written Notice . 10Parental Consent . 11Right to Refuse an Evaluation . 12Additional Parental Rights . 12CONDUCTING THE EDUCATIONAL EVALUATION . 12Disagreement with the Educational Evaluation . 13REEVALUATION . 13Written Notice . 13Conducting the Reevaluation . 14INDEPENDENT EDUCATIONAL EVALUATION . 14COMPREHENSIVE AND COORDINATED EARLY INTERVENING SERVICES . 15Use of Response to Intervention Education Data. 15Student Fails to Make Adequate Progress. 16Timeline for Completing the Educational Evaluation . 16SECTION III . 17CASE CONFERENCE COMMITTEE. 17511 IAC 7-42-1 Through 7-42-5. 17CCC PARTICIPANTS . 17CCC MEETINGS . 18Notification of the CCC Meetings . 18Excusing Participants from All or Part of CCC Meeting . 18TABLE OF CONTENTS 1

NAVIGATING THE COURSE: FINDING YOUR WAY THROUGH INDIANA’S SPECIAL EDUCATION RULESCCC Responsibilities . 19CCC Decision Making . 19SECTION IV . 21INDIVIDUALIZED EDUCATION PROGRAM . 21511 IAC 7-42-6 Through 7-42-10 and 511 IAC 7-43-1 . 21IEP DEVELOPMENT . 21Contents of the IEP . 22Related Services . 25Accommodations . 26TEACHER OF RECORD . 27TEACHER OF SERVICE . 27POSITIVE BEHAVIORAL INTERVENTIONS, STRATEGIES, AND SUPPORTS . 27AFTER THE IEP IS DEVELOPED . 28Written Notice . 29Reviewing the IEP . 29Changing the IEP . 30Challenging the IEP . 30Implementing the IEP . 31Revocation of Consent for Services . 31WHEN A STUDENT WITH AN IEP MOVES . 31SECTION V . 33EARLY CHILDHOOD SPECIAL EDUCATION . 33511 IAC 7-36-5 and 511 IAC 7-43-2 . 33TRANSITIONING FROM FIRST STEPS TO EARLY CHILDHOOD SPECIAL EDUCATION . 33EARLY CHILDHOOD SPECIAL EDUCATION SERVICES FOR A STUDENT NOT PARTICIPATING IN FIRSTSTEPS . 34EARLY CHILDHOOD SERVICES. 34SECTION VI . 35PREPARING FOR TRANSITION FROM SCHOOL TO ADULT LIFE: . 35TRANSITION IEP, TRANSFER OF RIGHTS, AND SUMMARY OF PERFORMANCE. 35511 IAC 7-43-3 Through 7-43-7. 35TRANSITION INDIVIDUALIZED EDUCATIONAL PROGRAM (IEP) . 35Additional Components of a Transition IEP . 36TABLE OF CONTENTS 2

NAVIGATING THE COURSE: FINDING YOUR WAY THROUGH INDIANA’S SPECIAL EDUCATION RULESParticipation of Vocational Rehabilitation or Other Transition Service Providers in the Transition IEP. 36TRANSFER OF RIGHTS . 38Guardians . 38Appointing an Educational Representative . 38SUMMARY OF PERFORMANCE (SOP). 39SECTION VII . 40SERVICES TO STUDENTS IN NONPUBLIC SCHOOLS AND SPECIALEDUCATION AND RELATED SERVICES FOR PARENTALLY-PLACEDSTUDENTS WITH DISABILITIES IN NONPUBLIC SCHOOLS . 40511 IAC 7-34 . 40SERVICES TO STUDENTS IN NONPUBLIC SCHOOLS . 40Child Find Responsibilities . 41Flow Chart – Student Enrolled in Nonpublic School outside the Student’s School Corporation ofLegal Settlement . 43Flow Chart – Student Enrolled in Nonpublic School within the Student’s School Corporation of LegalSettlement . 44SECTION VIII . 45CHOICE SCHOLARSHIPS AND PROVISION OF SPECIAL EDUCATION ANDRELATED SERVICES BY CHOICE SCHOOLS . 45511 IAC 7-49 . 45INTRODUCTION TO CHOICE SCHOLARSHIP. 45SPECIAL EDUCATION SERVICE PROVIDER . 45Parent Chooses Choice School as Service Provider . 45Choice Scholarship Education Plan Requirements . 46Parental Rights . 46If the Local School Corporation is the Service Provider. 47PARENT REQUESTS A REEVALUATION . 47RESOLVING DISAGREEMENTS WITH THE CHOICE SCHOOL . 47SECTION IX. 48CONFIDENTIALITY OF INFORMATION . 48511 IAC 7-38 . 48THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA) . 48EDUCATIONAL RECORD. 48Right to Inspect the Educational Record . 48TABLE OF CONTENTS 3

NAVIGATING THE COURSE: FINDING YOUR WAY THROUGH INDIANA’S SPECIAL EDUCATION RULESDivorced, Separated, or Never Married Parents: The Right to Access the Student’s EducationalRecord . 49Amending the Educational Record . 49Maintaining the Educational Record . 49SECTION X . 50PROCEDURAL SAFEGUARDS. 50511 IAC 7-37 . 50THE NOTICE OF PROCEDURAL SAFEGUARDS . 50SECTION XI. 52STUDENT DISCIPLINE . 52511 IAC 7-44 . 52REMOVALS . 52DISCIPLINARY CHANGE OF PLACEMENT . 53Removals That Do Not Result In a Change of Placement . 53Removals That Result In a Change of Placement . 53MANIFESTATION DETERMINATION . 54Conduct is a Manifestation of the Student’s Disability . 54Conduct is Not a Manifestation of the Student’s Disability . 54Disagreement with the Manifestation Determination . 54INTERIM ALTERNATIVE EDUCATIONAL SETTING (IAES) . 55Definition of “Seriously Bodily Injury” . 55Disagreement with IAES Placement . 55Substantial Likelihood of Injury to Student or Others . 55PROTECTIONS FOR STUDENTS NOT YET ELIGIBLE . 56SECTION XII . 57RESOLVING DISAGREEMENTS: COMPLAINTS, MEDIATION, AND DUEPROCESS HEARINGS . 57511 IAC 7-45 . 57COMPLAINTS . 57Filing a Complaint . 58After Filing the Complaint . 58Reconsideration . 59MEDIATION . 60Requesting Mediation. 60TABLE OF CONTENTS 4

NAVIGATING THE COURSE: FINDING YOUR WAY THROUGH INDIANA’S SPECIAL EDUCATION RULESThe Role of the Mediator. 60DUE PROCESS HEARING . 62Requesting a Due Process Hearing . 62Written Response for a Due Process Hearing. 63Notice of Insufficiency . 63Resolution Meeting. 63Agreement Reached . 64No Agreement Reached. 64The Hearing Process . 64EXPEDITED DUE PROCESS HEARING . 65APPENDIX . 66PARENT RESOURCES . 66INDEX . 67TABLE OF CONTENTS 5

NAVIGATING THE COURSE: FINDING YOUR WAY THROUGH INDIANA’S SPECIAL EDUCATION RULESSECTION IINTRODUCTIONThe purpose of Navigating the Course: Finding Your Way through Indiana’s SpecialEducation Rules is to provide an overview and a practical resource to help parents,advocates, school personnel, and students understand the requirements of Indiana’sspecial education rules, found at 511 IAC 7-32 through 49, commonly known as Article7. It is intended to serve as a companion guide to Article 7 and is not a substitute forArticle 7. Please refer to Article 7 for the specific language of the special educationrules. Copies may be downloaded from the Indiana Department of Education’s (IDOE)website at: standing the provisions of Article 7 helps parents, advocates, school personnel,and students work together more effectively. When positive relationships areestablished between the parent and the school, students with disabilities receive abetter education and leave school better prepared to succeed as adults.There are many decisions to be made for each student with a disability, and it isessential that these decisions are based on all information available. Each parent hasvaluable and unique information about the student’s needs. Teachers and schoolpersonnel can provide valuable expertise and classroom-based data from their workwith the student on a daily basis. Students themselves may also be consulted andactively involved in the decision-making process as appropriate.Because all students receiving special education services must have an individualizededucation program (IEP), the parent and school personnel have a unique opportunity forpartnership. Many students participate in special education from the ages of 3 to 22 andpartnerships between the parent and the school may last many years. Goodcommunication is essential to the ongoing success of this partnership.Parent – Throughout Navigating the Course the term parent is used. The term is definedin Article 7 as any of the following: A biological or adoptive parent, whose parental rightshave not been terminated, an authorized guardian, a foster parent, an individual withlegal custody or acting in the place of the biological or adoptive parent, an educationalsurrogate, a student of legal age, or an educational representative. For clarity, thisdocument will use the term parent to mean any individual defined as a parent under 511IAC 7-32-70.INTRODUCTION 6

NAVIGATING THE COURSE: FINDING YOUR WAY THROUGH INDIANA’S SPECIAL EDUCATION RULESARTICLE 7Article 7 (511 IAC 7) is the part of the Indiana Administrative Code (IAC) that containsIndiana’s special education rules. These rules have been adopted by the State Board ofEducation (SBOE) in order to implement the requirements of the Individuals withDisabilities Education Act (IDEA).Six major concepts of IDEA are: Free Appropriate Public Education (FAPE), Appropriate educational evaluation, Individualized Education Program (IEP), Least Restrictive Environment (LRE), Notice of Procedural Safeguards (NOPS), and Parental participation in decisions made by the Case Conference Committee(CCC).IDEA requires public schools to provide students with disabilities with a FAPE in theLRE and requires the IDOE to have rules, policies, and procedures to ensure that thefederal rules are fulfilled.Article 7 describes the school’s responsibility to provide a FAPE to a student with adisability, including evaluating the student, working with the parent as part of the CCC,implementing the student’s IEP, and ensuring that procedural safeguards are provided.It also describes rights and responsibilities of the parent as a participant in identifyingthe student’s needs and the special education and related services that the publicschool will provide to meet those needs. The rules in Article 7 address: definitions;programs and personnel; disability categories and eligibility; evaluations; CCCmeetings; IEPs; related services; services to students in nonpublic schools, includingchoice scholarship students; discipline; due process procedures; child and datacollection; and funding for excess costs.PARENT RESPONSIBILITIES: In order for a student to receive a FAPE, the parentmust: Give written consent for educational evaluations of the student (511 IAC 7-404(h)); and Give written consent for the school to implement the student’s initial IEP (511IAC 7-42-7(f)).The parent has the right to participate as a full member of the CCC in determiningeligibility for special education and related services, and developing and revising the IEP.(511 IAC 7-42-3(b)(5)).SPECIAL EDUCATION OVERVIEWINTRODUCTION 7

NAVIGATING THE COURSE: FINDING YOUR WAY THROUGH INDIANA’S SPECIAL EDUCATION RULESArticle 7 requires that each eligible student with a disability enrolled in a public schoolbetween the ages of 3 and 22 be provided with a FAPE. A FAPE means specialeducation and related services that are provided at public expense, and inaccordance with an IEP.A student with a disability is a student who has been evaluated in accordancewith Article 7 and determined eligible for special education and related servicesby a CCC.Special education is specially designed instruction provided to a student who hasbeen determined eligible through an educational evaluation. It must be provided atno cost to the parent and in accordance with the student’s IEP.Related services are services such as occupational therapy (OT), physical therapy(PT), an educational interpreter (EI), transportation, etc. that are necessary to allowthe student to benefit from his or her special education.“At no cost” means that all specially designed instruction is provided withoutcharge to the parent. The school may charge fees that are normally charged tonondisabled students as a part of the general education program, such as textbookrental fees and fees for consumable materials.It is the responsibility of the CCC to determine what services are appropriate dependingon the student’s individual educational needs. The CCC is a group of individuals,including the parent and school personnel, that determines if the student iseligible for special education and if so, determines the special education and relatedservices to be provided to the student. The CCC must meet at least annually.An IEP is the written document, developed by the CCC, describing how thestudent will access the general education curriculum, if appropriate, and thespecial education and related services needed to enable the student to participatein the educational setting.Special education services must be provided in the LRE, meaning a student witha disability is educated with students without disabilities to the maximum extentappropriate.INTRODUCTION 8

NAVIGATING THE COURSE: FINDING YOUR WAY THROUGH INDIANA’S SPECIAL EDUCATION RULESSECTION IIIDENTIFICATION, REFERRAL, INITIALEVALUATION, REEVALUATION,INDEPENDENT EDUCATIONALEVALUATION511 IAC 7-40OVERVIEWFor a student to be eligible for special education and related services, the caseconference committee (CCC) must determine, based on the evaluation results that thechild: is a student with a developmental delay, or that a student’s disability orimpairment adversely affects the student’s educational performance, andneeds special education or related services.Educational Evaluation – A variety of procedures, including assessments,used to collect information about a student’s disability or suspected disability,used to determine if the student is eligible for special education and relatedservices and if eligible, the special education and related services needed.The purpose of an educational evaluation is to assess areas of educational need,including academic achievement and functional performance. The school must ensurethat the method it uses to assess the student provides meaningful information thatdirectly helps the CCC make decisions regarding eligibility and educational services.The process begins with a request that the student be evaluated for a suspecteddisability. This request is known as a referral. The parent or school personnel maymake a request to have a student evaluated for special education. A parent’s requestmust be made to licensed personnel, such as a teacher, principal, or special educationdirector. Before the school can evaluate the student, the parent must provide the schoolwith written consent for the evaluation.After parental consent is provided, a multidisciplinary team (M-Team) consisting ofqualified professionals, will conduct a comprehensive educational evaluation. When theIDENTIFICATION, REFERRAL, AND EVALUATIONS 9

NAVIGATING THE COURSE: FINDING YOUR WAY THROUGH INDIANA’S SPECIAL EDUCATION RULESeducational evaluation is completed, the CCC convenes to review the evaluation resultsand determine if t