CHAPTER 1

Family, School, and

Community

Partnerships

Introd

his guide has been written to help

parents and other educational decision-

makers understand the special

education process. As a parent of a student

who receives special education services, it is

easy to get caught up in that process.

Parents, and others who work with students,

may even divide the school’s student

population into two groups: general

education students and special education

students. Special education is not a place to

which one or a group of students in a school

goes; it is supportive services that are given

to students so that they may progress in and

be a part of the

general

education curriculum.

All students are general education students

and all students benefit from their parents

being involved in their education, not just the

special education part of it. This chapter is

included to encourage parents to become

partners with the school and community, not

only in the special education side, but the

general education side as well.

uction

Family, school, and community partnerships

are defined as school personnel, children,

parents, family members and community

persons communicating and sharing

responsibilities to ensure the success of all

students. Successful partnerships recognize

that the family is the most important and

most enduring resource in a student’s life.

Benefits of Family, School, and

Community Partnerships

The benefits of partnerships are numerous

and much research has been done in the

area of parent involvement. Highlighted

below are some of the positive findings.

When parents are involved:

•

students have higher grade point

averages;

•

students have higher scores on

standardized tests;

•

students are involved in more challenging

school programs;

•

homework is completed on a more

regular basis;

•

graduation rates are higher;

•

students are more likely to enroll in

educational programs after high school.

The benefits of family involvement not only

apply to grades and test scores; they affect

students’ attitudes and behaviors. When

parents are involved:

•

attendance is better;

•

students are less likely to use alcohol,

engage in violent behavior and other

antisocial behaviors decrease;

•

students have greater self-confidence,

feel school is more important, and do

better in school;

•

high school students are able to make

better transitions, maintain high quality

work, and develop realistic plans for their

futures.

What is Parent Involvement?

Involvement in your student’s education does

not

just mean you being at the school

building. Many parents cannot be involved in

this way because of work schedules and

other daytime commitments. The good news

is that physical presence is not the highest

factor in student success. Research shows

that the most important contributor to student

success is the

attitude

of the parent. When

parents are supportive of the student’s

education, students experience positive

benefits. Your words and actions are

important. Do you express high expectations

for your kids? Do you read to or with your

student regularly? Do you make sure that

homework is completed? Do your kids see

you reading? Do you apply math skills to

1

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everyday activities? If you said yes to these

questions, you are very involved in your

student’s education and your student should

be experiencing some benefits of that

involvement. Joyce Epstein, the nation’s

leading researcher of family, school, and

community partnerships, refers to

school-like

families

. This type of family recognizes that

each child is also a student. Families

reinforce the importance of school, homework,

and activities that build student skills and

feelings of success.

Almost 30 years of research and

experience has demonstrated that

the education of children with

disabilities can be made more

effective by … strengthening the

role and responsibility of parents

and ensuring that families of such

children have meaningful

opportunities to participate in the

education of their children at

school and at home…

IDEA 2004

Epstein’s Six Types of Involvement

One of the most significant contributions

made by Joyce Epstein has been the

development of the six types of parent

involvement. The National Parent-Teacher

Association http://www.pta.org/

has adopted

these principles as their National Standards

for Parent and Family Involvement and the

Kansas State Department of Education has

endorsed parent and community involvement

as two of the seven components in their

redesign of the educational system.

Standard I. Communication

Communication between school and home

should be regular, two-way and meaningful.

School personnel and parents should be

respectful of one another and accept that each

has an important, but different, expertise about

the student. Therefore, communication should

be two-way and provide meaningful

information to each. Problems are definitely

worth discussion but so are the strengths and

goals of the student. Schools should create

environments in which parents feel welcome

and know that their input is valued.

Standard II. Parenting

Epstein encourages schools to support

parenting skills. Schools can offer work-

shops on a variety of topics interesting to

today’s parents. A parent center can be

located within the school building, where

parents can checkout books and other

informational materials. Schools should also

be aware of community resources that may

assist parents.

Standard III. Student Learning

Student learning increases when parents are

involved in the process by helping their son or

daughter at home. Most parents are willing to

assist their student in learning but may not be

sure how to go about it. Parents should have

a good understanding about what is expected

at each grade level. Students should have

homework that requires discussion and

interaction with their parents. Schools can

offer workshops to teach parents about

different ways they are using to teach specific

subjects, like mathematics.

Standard IV. Volunteering

When parents volunteer, both families and

schools benefit. Millions of dollars are saved

when parents volunteer their time and

expertise. The presence of parents at the

school sends a message to kids that, "I care

about what you do here." Volunteer work

should be meaningful to the parent and when

possible, capitalize on the expertise of the

parent. Even if a parent can't volunteer during

the day, there are creative ways parents can

assist after-school and on weekends, like after-

school programs or even helping out at the

school carnival.

2

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3

Standard V. Decision-Making and

Advocacy

Studies have shown that schools where

parents are involved in decision-making and

advocacy have higher levels of student

achievement and greater public support.

Schools and programs that actively seek

parent participation and input communicate

that parents are valued as full partners in

their student's education. Schools should

include and give equal representation to

parents on decision-making and advisory

committees. Parents should be provided

current information regarding school policies,

practices, and information about how

students and the school are doing. Parents

should be involved in legislative actions

involving education at the local, state and,

even national, levels and schools can

promote ways for parents to learn how to do

that.

Standard VI. Collaborating with

Community

When schools and communities work

together, both are strengthened in ways that

neither could do on its own. Families access

community resources more easily,

businesses connect education programs with

how it really is in the workplace, and

students serve and learn about their

communities beyond the school building.

Schools should give information to parents

on community resources that serve the

cultural, recreational, academic, health,

social, and other needs of families.

Partnerships with local businesses and

community organizations should be

developed to help with student learning.

Students should participate in community

service.

Conclusion

Schools and parents should keep in mind

that partnering together leads to significant

results for students. Schools can't do it alone.

Parents need to find ways to get involved in

their student's learning. Opportunities for

learning are abundant in every day life. As

stated earlier, the attitude of the parent about

school and learning is the most important

element to student success. However, studies

show that when parents are visible in the

school building, their student does even better.

Ask your school about ways you can assist

your student at home in different subject areas.

Find ways that you can volunteer at the school,

even if you can't during the school day. Most

importantly, hold high expectations for your

student and insist everyone else do the same.

When your student receives special education

services, for whatever reason, encourage him

or her to exceed expectations. All students are

capable of learning and being successful.

Parents and schools, working together, can

ensure the success of all students.

Resources

Epstein, J. L., Sanders, M. G., Simon, B. S.,

and Salinas, K. C. (2002).

School, Family,

and Community Partnerships: Your

Handbook for Action

. (Second Edition)

Thousand Oaks, CA: Corwin Press, Inc.

The research is abundantly

clear; nothing motivates a

child more than when

learning is valued by

schools and families and

community working together

in partnership…

Michael Fullan (1997)

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4

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CHAPTER 2

The

he

Pr

purposes

omise

of IDEA

of

2004

IDE

are

A

to

ensure that all children with disabilities

have available to them a free

appropriate public education that emphasizes

special education and related services

designed to meet their unique needs and

prepare them for further education,

employment, and independent living. It is to

ensure that the rights of children with

disabilities and their parents are protected.

IDEA assists States, local education

agencies and federal agencies to provide for

the education of all children with disabilities;

and to assess and ensure the effectiveness

of efforts to educate children with disabilities.

Congress has acknowledged that a disability

is a natural part of the human experience. In

no way does a disability diminish the right of

individuals to participate in and contribute to

society. Improving educational results for

children with disabilities is an essential

element of our national policy that promotes

•

equality of opportunity;

•

full participation;

•

independent living; and

•

economic self-sufficiency for individuals

with disabilities.

Before the enactment of the Education for All

Handicapped Children Act of 1975 (Public

Law 94-142), the educational needs of

millions of children with disabilities were not

being fully met. The purposes of the law are

to:

•

ensure children with disabilities have

access to a free appropriate public

education;

•

ensure that the rights of children with

disabilities and their parents are

protected;

•

ensure that educators and parents have

the necessary tools to improve

educational results for children with

disabilities;

•

assess and ensure the effectiveness of

efforts to educate children with

disabilities.

Federal and state laws require the Kansas

Department of Education to have a Special

Education Advisory Council (SEAC). The

purpose of the SEAC is to advise the Kansas

State Board of Education and Student

Support Services regarding special education

services in the State. The majority of the

members are required to be parents of

students with disabilities or a person with a

disability. Additionally, the membership

consists of representatives of other state

agencies and providers of special education,

as well as students with disabilities. The

SEAC meets monthly and all meetings are

open to the public. The agenda provides a

time for public comments. (See the SEAC

website

http://www.kansped.org

.)

The reauthorization of the Education for All

Handicapped Children Act of 1975, now

known as The Individuals with Disabilities

Education Improvement Act of 2004 (IDEA

2004), is intended to help children with

disabilities achieve to high standards by

•

promoting accountability for results;

•

enhancing parental involvement;

•

using effective practices and materials;

and

•

providing more flexibility and reducing

paperwork burdens for teachers and local

school districts.

Almost 30 years of research and experience

has demonstrated that the education of

children with disabilities can be made more

effective by:

(A) having high expectations for children and

ensuring their access to the general

education curriculum in the regular

classroom, to the maximum extent

possible, in order to:

(1) meet developmental goals and, to the

maximum extent possible, the

5

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6

challenging expectations that have

been established for all children; and

(2) be prepared to lead productive and

independent adult lives, to the

maximum extent possible.

(B) strengthening the role and responsibility

of parents and ensuring that families

have meaningful opportunities to

participate in the education of their

children at school and at home.

(C) coordinating this law with other school

improvement efforts, including

improvement efforts under NCLB, in

order to ensure that children benefit from

such efforts and that special education

can become a service for children rather

than a place where children are sent.

(D) providing appropriate special education

and related services, and supports in the

regular classroom whenever appropriate.

Key Initiatives of IDEA-2004

The IDEA 2004 reauthorization of the federal

special education law moves beyond access

to public school programs to improved results

for students with disabilities. IDEA 2004:

•

Provides incentives to reduce the need to

label children as disabled in order to

address the learning and behavioral

needs of children;

•

Focuses resources on teaching and

learning while reducing paperwork and

requirements that do not assist in

improving educational results for children

with disabilities;

•

Supports the development and use of

technology, including assistive tech-

nology devices and assistive technology

services, to maximize accessibility for

children with disabilities;

•

Expands opportunities for parents and

schools to resolve their disagreements in

positive and constructive ways;

•

Focuses on preventing the intensification

of problems connected with mislabeling

and high dropout rates among minority

children with disabilities;

•

Provides effective transition services to

promote successful post-school

employment or education as an important

measure of accountability for children

with disabilities;

•

Supports high-quality, intensive teacher

preparation and professional

development for all personnel who work

with children with disabilities;

•

Requires state agencies to work to

provide a seamless system of services.

State agencies are to develop

agreements to outline how services are

to be coordinated. By working together,

students with disabilities can receive the

services they need to reach their goals;

•

Supports public schools working

collaboratively with private schools to

ensure that children with disabilities

attending private schools have special

education and related services available

to them.

(See IDEA-2004

http://www.kansped.org/ksde/laws/idea04/ide

a04.html .)

Kansas Special Education

Kansas law and regulations expand on IDEA

law and regulations in several important

ways. First, Kansas includes children who

demonstrate characteristics of giftedness in

the special education laws and regulations.

There are a few exceptions in Kansas laws

and regulations where students who are

gifted are not included, such as in the

discipline requirements. In general, however,

students who are gifted are included in most

aspects of the requirements. In Kansas, the

law refers to “exceptional children” when it

includes students who are gifted, and to

“children with disabilities” when it does not

include students who are gifted. (Refer to

Chapter 11, Parent and Student Rights, for

more information about gifted requirements.)

Another way that Kansas has expanded the

IDEA laws and regulations is that every child

with an exceptionality attending a private

school has the opportunity to receive a free

appropriate public education if the parent

requests all the services that the child is

eligible to receive. (See Kansas Special

Education for Exceptional Children Act, 2006

---

7

and Kansas Special Education Regulations,

2001

http://www.kansped.org/ksde/laws/legalreqmt

s.html .)

The Kansas State Board of Education

administers the provision of public education

for almost 470,000 children in school districts

in the state. The State Board is committed to

the provision of inclusive special education to

meet the needs of all students and has a

policy statement to this effect.

This guide was developed to assist parents

and other readers in understanding how

federal and state special education laws are

implemented in Kansas. The Kansas State

Board of Education is the governing board

responsible for the implementation of

educational laws, including special

education. The State Board has a mission

statement for Kansas education, and has

identified goals and objectives to support

accomplishing the mission.

http://www.ksde.org/commiss/core_principles

.htm

.

Kansas State Board of Education

Mission Statement

“To promote student academic achievement

through vision, leadership, opportunity,

accountability, and advocacy. The State Board

believes that the key to ensuring the fulfillment

of its mission lies in helping schools to work

with families and communities to prepare

students for success.”

Kansas State Board of Education

2005-06 Goal:

Ensure that all students meet or exceed

high academic standards by:

Redesigning the delivery system to meet

our state’s changing needs

•

identify, replicate, and promote best

practice;

•

study and clarify regulations and identify

challenges;

•

develop and implement policy on

academic/vocational integration;

•

examine the definition of a classroom in a

redesigned system.

Providing a caring, competent teacher

in every classroom

•

identify obstacles;

•

assess the effectiveness of current

professional development practices;

•

identify, replicate, and promote best

practices in teacher preparation and

professional development;

•

develop policy on alternative

compensation;

•

improve the support system for teachers;

•

develop recruitment strategies for future

teachers;

•

assess and improve the alternate

licensure program;

•

promote loving, safe, supportive and

nurturing environments.

Ensuring a visionary leader in every

school

•

identify, replicate, and promote best

practices in preparation and

performance;

•

identify and grow visionary leaders

focused on learning;

•

study the impact of current leadership

programs.

Improving communication with all

constituent groups

•

develop a structure for regularly

communicating about education with the

legislative leadership of both interests;

•

keep the public informed on key policy

areas;

•

resume focus group meetings in each

board member district and periodic;

meetings with the media; and

•

improve communication of relevant

information with school faculty.

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8

Resources

If you are unable to access the information

from the website links within the text of this

chapter, you can contact Student Support

Services, at KSDE for copies of the

information on their website 1-800-203-9462.

The purposes of IDEA 2004 are

to ensure that all children with

disabilities have available to

them a free appropriate public

education that emphasizes

special education and related

services designed to meet their

unique needs and prepare them

for further education,

employment, and independent

living…

IDEA 2004

---

CHAPTER 3

9

How Special Education

Works in Kansas

Introduc

pecial education and related services

are support services for students with

an exceptionality. In order for a

student to be eligible for special education

and related services, the student must first

be determined to have an exceptionality and

need specialized instruction. Once eligibility

is determined, an IEP is developed and

special education and related services can

begin. This chapter gives a very brief

overview of the steps in the process. Later

chapters have more information about each

step.

The Kansas Special Education

Process Handbook

gives more details in

each area. (See Kansas Special Education

Process Handbook (Rev. 2001)

tion

http://www.kansped.org/ksde/ph01/process0

1.html .)

Figure 1 is a flow chart of the steps in the

special education process.

Child Find

Child find is an ongoing process that school

staff use in public and private schools to

locate and identify students who may need

special education services. In Kansas,

“child find” for young children ages birth

through age 5 is called “screening.”

Schools should provide screenings for

children within 30 days of the request for a

screening. Screenings may consist of

observations, interviews, and assessments

that would identify a disability or

developmental delay in the areas of

communication, thinking/reasoning

development, social-emotional

development, self-help/adaptive behavior,

and/or physical development. (See Chapter

9, Early Childhood Special Education.)

For children in kindergarten through 12

th

grade, child find is accomplished through

general education interventions. In many

schools, child find is a first step in the

school’s efforts to meet the needs of

students based on their response to

instruction. After a child or group of children

have been identified as needing additional

support from the classroom teacher to meet

expectations, different intensified instruction

is attempted to help the students learn. The

teacher keeps track of the children’s

progress. If the teacher, parent or someone

else in the school decides a child needs

additional support, a team meets to

consider the student’s needs in the area of

concern.

This team will use a problem-solving

process known as general education

interventions. Each school has a team to

assist students. The team is sometimes

called a student support team, student

improvement team, care team, or something

similar.

The purpose of general education

interventions is to see to what extent

adjustments or changes need to be made to

the general education curriculum and/or

environment in order for the student to be

successful. A team of educators work

together to identify the appropriate

academic or behavioral interventions,

implement the interventions, and assess the

results of the intervention.

If the general education interventions are

significant, beyond what could be provided

by the general education and requires

specialized instruction, the team would refer

the student for an initial evaluation. The

school must let parents know about these

activities and encourage parents to be

involved. However, consent from parents is

not required before teachers try different

S

---

interventions at school. (See Chapter 4,

General Education Interventions.)

Initial Evaluation and Eligibility

Initial evaluation means the process of

collecting information about a student for

the following purposes:

1. to decide if the student has an

exceptionality, based on eligibility criteria

set by the Kansas State Department of

Education;

2. to decide if special education services

are needed for the student to benefit

from his/her educational program; and

3. to identify the student’s individual

educational strengths and needs and to

provide a basis for appropriate

intervention.

The evaluation must assess the student’s

needs in all areas related to the suspected

area of concern. The evaluation results will

be used to decide the student’s eligibility for

special education and related services and

to make decisions about an appropriate

educational program for the student.

Parents will be provided prior written notice

and be asked to provide written consent to

allow the school to conduct the initial

evaluation.

Parents are specifically named as members

of the team that determines if a student is

eligible for services. Eligibility has two

components:

•

the student must have an exceptionality;

and

•

the student must have a need for

special education and related services.

The team must be sure that the concerns

are not the result of a lack of instruction in

reading or math, or because the student has

limited English ability. Parents are to be

given a copy of an evaluation report that

documents the team’s decision regarding

eligibility and the reasons for that decision.

If it is determined that the student is not

eligible for special education services, the

student improvement team meets again to

consider other services that might be

appropriate (like migrant, bilingual, special

reading or math enrichment programs) or, a

student may be eligible for services under

Section 504. (See Chapter 5, Initial

Evaluation, Reevaluation, and Eligibility;

and Section 504 Regulations

http://www.kansped.org/ksde/laws/504.doc

)

Individualized Education Program (IEP)

The IEP is a written plan for each eligible

student with an exceptionality. The IEP is

considered to be important to ensure the

provision of a free appropriate public

education (FAPE) and better results for all

students with an exceptionality. To create

an effective IEP, parents, teachers, other

school staff, and often the student, must

come together to look closely at the

student’s unique needs. These individuals

pool knowledge, experience, and

commitment to design an educational

program that will help the student be

involved in, and progress in, the general

curriculum. The IEP guides the delivery of

special education supports and services for

the student. Without a doubt, writing and

implementing an effective IEP requires

teamwork. (See Chapter 6, Individualized

Education Program.)

IEP Team

The members of the IEP team include:

•

the parents (or education decision-

maker);

•

at least one special education teacher of

the child;

•

at least one general education teacher,

if the child is, or may be, participating in

the general education environment;

•

representatives of the school with

knowledge of available resources,

curriculum, and special instruction;

10

•

a person who can interpret what

evaluation results mean for the student;

---

•

other persons who are invited by the

school or the parent because they know

the child or have special expertise that

would be helpful to the team; and

•

the student at age 14 or earlier if

appropriate.

Defining the IEP

•

The IEP is both a process and a

document.

•

An IEP is required for students ages 3

through 21 with exceptionalities who

need special education services.

•

As a process, the IEP meeting brings

together people who work with a

student. The meeting is for the parents,

the student, and the school staff to talk

about the student’s strengths and

needs. They also set goals, identify

resources, and develop a plan for the

student’s education.

•

As a document, the IEP serves as a

blueprint that guides the student’s day-

to-day instruction, support, and related

services.

•

The IEP must be reviewed every year,

or more often, if needed, to make sure

the student is making progress in

meeting his/her goals.

Once the student is age 14, the IEP team,

including the parent and student, will begin

planning for the student’s life after leaving

the pubic schools. (See Chapter 10,

Transition.)

Developing the IEP

The school must schedule the IEP meeting at

least annually and at a time and place

agreeable to the parents and the school.

Parents are to be notified in writing of the IEP

meeting, and who will be attending. They

must also be informed that they may invite

people to the meeting who have knowledge

or special information about the student. If

the parents agree, IEP team meetings may

be conducted with the use of conference

calls, video conferencing or other alternative

means.

The IEP team must discuss any significant

behavior concerns they might have about the

student. They must also consider any specific

communication needs including receptive

and expressive language delays, limited

English proficiency, deaf or hard-of-hearing or

Braille for students who may be blind or

visually impaired

Placement Recommendations

After the IEP is written, the team considers

where the most appropriate setting might be

for the student to receive services and make

progress on his/her goals. Services for the

student are to be in general education

classes with students without disabilities

unless the IEP team believes a different

setting is necessary in order for the student to

be successful. If the team thinks the student

should be taught in a different setting, they

must write their reasons in the IEP.

Parents must be provided prior written notice

and asked to give written consent before the

student’s initial placement in special

education or related services. If a parent

refuses to give this consent, the school

cannot begin the initial placement. (See

Chapter 8, Least Restrictive Environment.)

Reviewing and Revising the IEP

The IEP must be reviewed, and if necessary,

revised at least annually, or more often if the

parents or school ask for a review. If reviewed

annually, this review must be on or before the

anniversary date of the IEP (this is the date

the IEP was written by the IEP team.)

Parents, as a member of the IEP team, must

be invited to attend these meetings.

The IEP team:

•

determines if the student is making

progress toward the measurable annual

goals on the IEP;

•

revises the IEP, if needed, to help the

student progress in the general

curriculum and achieve annual goals;

•

reviews the results of any reevaluation;

11

•

reviews any new information about the

student;

---

12

•

reviews the student’s anticipated needs;

and

•

may change the IEP, after the annual

review, without a meeting, if both

parents and the school agree in writing.

Reevaluation

A reevaluation of the student’s needs is to

be conducted at least every three years

unless the parent and the school agree that

a reevaluation is unnecessary. A

reevaluation may be conducted more

frequently, if the student’s parent or teacher

requests a reevaluation. However, no more

than one reevaluation may occur in one

year, unless the parent and the school

agree to more than one during a year.

Parents must be provided prior written

notice and asked to give their written

consent before any reevaluation.

The IEP team must review the evaluation

information about the student, including

information provided by the parents. The

team determines if more information is

needed to decide if the student continues to

have an exceptionality and his/her present

levels of academic achievement and

functional performance.

Additionally, the IEP team is to consider

whether any additions or modifications to

the special education and related services

are needed to be sure the student can meet

the measurable annual goals set out in the

IEP and allow for participation, as

appropriate, in the general education

curriculum.

(See Chapter 5, Initial Evaluation

Reevaluation and Eligibility.)

Resources

Special Education Process Handbook

,

Kansas State Department of Education,

Student Support Services. (Rev. 2001).

http://www.kansped.org/ksde/ph01/process0

1.html

A Parent Primer on Special Education

Acronyms, Abbreviations, and Definitions.

Families Together, Inc., 2005

http://www.familiestogetherinc.org/acr.pdf

---

Table 3-1

SPECIAL EDUCATION FLOW CHART

General Education

Parent Involvement

(Chapter 1)

General Education

Interventions

Child Find

, Screening 0-5

Referral for Evaluation

Parent Rights

(Chapter 5)

(Chapter 11)

Evaluation for Possible Exceptionality

(Chapter 5)

Eligibility Meeting

(Chapter 5)

Not Eligible,

No Services

Section 504

Eligible

Eligible &

Need for Services

(Chapter 5)

IEP Team Meeting

(Chapter 6)

Placement/LRE

PLAAFP & IEP

(Chapter 8)

Goals

(Chapter 6)

Special Education

& Related Services

(Chapter 7)

Reevaluation

(Chapter 5)

TransitionServices

(Chapter 10)

Continuing Services

Annual IEP/Review

Discontinuing

Services

13

Revise IEP

Early Childhood Special Education

Chapter 9

Education Advocate

Chapter 12

Discipline

Chapter 13

Resolving Disputes

Chapter 14

---

14

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CHAPTER 4

General Education

Interventions

Introduction

Each school is to have a child find process

for screening preschool age children and

general education intervention (GEI) for

students in kindergarten through grade 12.

Screening and GEI are to address the

concerns identified by parents or teachers’

regarding the student’s behavioral or learning

needs. The purpose of GEI is to see what

adjustments or changes need to be made to

the general education curriculum and/or

environment in order for the student to be

successful. Schools generally have a team

of teachers and support personnel who come

together to go through a problem-solving

process to understand the concern and

develop a plan for intervention in the general

education environment.

How to Get Help

When a parent has a concern about a

student’s learning or behavior they may

contact the student’s teacher or principal.

Each school should let the parents know

about who they can contact if they have a

concern about their student and explain what

happens when a referral is made to get help

for a student. This information could be in

the school newspaper, fliers or brochures, or

a school handbook that goes home.

Initially, the concern may be addressed by

the teacher, the parent and the student. If

they are not successful, schools will have a

procedure for making a referral to the

Student Improvement Team. Once the

referral is made, the Student Improvement

Team will begin to address the concerns.

Parents are encouraged to be part of the

team in order to provide information about

the student.

Schools are to make sure that students

enrolled in private schools by their parents

have access to GEI. The GEI process for

students in private schools should be similar

to the process used in the public schools.

Representatives of the public and private

schools will decide how this will happen.

Student Improvement Team

Each school has a team to assist/support

students. The team is sometimes called a

student support team, student improvement

team, care team, or something similar. We

will refer to it here as the student

improvement team (SIT). The purpose of the

SIT is to design an intervention plan to

address individual students’ academic or

behavioral challenges, monitor the plan and

revise as appropriate.

The student improvement team may be

made up of different people for each student.

The team membership is determined by the

identified concerns for the student and may

consist of both school and community

members. Parents are encouraged to be an

active member of the team. The school

should identify the supports available to them

to bring into the SIT as necessary. Figure 4-

2 gives more information about the kinds of

school-based and community-based

resource teams might use to help.

The team will come together on a regular

basis to utilize a problem-solving process to

develop and implement a plan that will

address the needs of the student.

Four Levels of GEI

The general education interventions process

has four levels. At each level of GEI, the

problem-solving process is used, data-

informed decisions are made, interventions

are documented and progress is evaluated.

Level 1:

Classroom teacher and parent

discuss concerns and agree to

implement identified interventions.

15

---

Level 2:

The classroom teacher consults

with another professional(s) and

the parent(s). The classroom

teacher, with input from parents

and another professional,

implements intervention strategies

in the classroom.

Level 3:

Teacher works with a team of

professionals to identify additional

interventions that may work with a

student. Many times, the team

provides additional instructional

support for the student and/or

teacher. At this level an

intervention plan is developed and

monitored. This level is often

referred to as the Student

Improvement Team.

Level 4:

When interventions at level 3

become intensive enough to

require specialized instruction and

related services, the team makes

a referral for an initial evaluation

for special education.

During each level of the GEI process, all 4

steps of the problem-solving process are

used — problem identification; problem

analysis; intervention planning and

implementation; and, monitoring and

evaluation.

If the general education interventions are

significant enough to be considered special

education, the team would use these data as

they move into an initial evaluation. The

school is to let parents know about the

amount and nature of the information to be

collected. However, consent from parents is

not required before teachers try different

classroom interventions at school.

Problem-Solving

The purpose of the problem-solving process

is to (1) provide high-quality instruction/

interventions matched to student needs; (2)

to look at learning over time and the level of

performance; and (3) to make important

educational decisions. The team uses a

problem-solving process to clarify the

concern someone has about the student;

think about what might be contributing to the

problem; propose interventions that could be

said to make things better; and identify a way

to monitor progress.

The first step of the problem-solving process

is to identify what the student’s problem is,

based on how they are behaving or learning

now and how they should be learning or

behaving in the general education curriculum

and/or environment. The team will collect

information from some of the people the

student interacts with during the day. This

could be teachers, other school staff, the

school administrators, parents or, in some

cases, community representatives. They will

look at the curriculum, instruction, environment,

and the student’s performance and behavior

to clearly state the problem and determine

what might be the cause of the concern.

Once the problem and the possible causes

have been identified, the team brainstorms

specific intervention activities that are directly

related to what the team thinks is making

learning or behaving difficult for the student.

Intervention activities proposed by the team

are to be those that have been proven to be

successful in similar situations.

As the intervention activities are

implemented, the student’s progress is

measured for success. If the intervention

activity is not successful, the team will go

back through the process to identify why the

intervention activity was not successful and

propose new intervention activities.

Using the problem-solving process promotes

a shared understanding of the concern about

a student by addressing the problem and

what is contributing to it, and then allows the

team to think creatively about what can be

done to make things better. Finally, the team

looks to see if the student has been

successful or whether they need to reassess

the interventions.

16

---

This process to determine if a student

responds to interventions that are

scientifically research-based is called

response to intervention (RTI). The RTI

model is designed to ensure that students

who are at risk of failing in the early grades

receive scientific, research-based

intervention as soon as possible.

Figure 4-2

PROBLEM-SOLVING RESOURCES

SCHOOL-BASED RESOURCES

COMMUNITY-BASED RESOURCES

Volunteers

Peer/Teacher

Mentors

Peer Leadership

Parenting Services

Community

Mentor Programs

Teacher

Expertise

Saturday

School

Tutoring

Sessions

Alcohol and Drug

Assessment and Treatment

Services

Mental Health

Centers

Daily Progress

Reports

Special Education

Expertise

Instructional

Classroom

Modification

Community Service

Programs

Social and Rehabilitation

Services (SRS)

Parent

Partnerships

Before and After

School Programs

Mentor Programs Support Groups

Juvenile Justice Authority

Life Skills Training Night Classes

Support Groups

Community Health

Departments

Civic and Service Groups

Parent Skill

Building

Peer Mediation

School Initiations

Public Library

Head Start

17

Figure 4-1

The Problem Solving Model

---

Writing the Plan

As the Student Improvement Team goes

through the problem-solving process, a plan

will be written. The focus of the plan is to

document the problem-solving process that

the team implements for the student. It

includes:

•

clear statements of the concerns and

explains what might be causing it;

•

a focus for the plan that addresses

curriculum, instruction, environment, the

classroom and the student;

•

proven intervention activities to be used

in the classroom or community;

•

the resources in the school and/or

community that may support the student

and family;

•

staff responsible for the intervention

activities;

•

how to assess the success of the

intervention activities; and changes to the

plan that are made as necessary.

Following Up and Evaluating the Plan

Student progress should be assessed on a

frequent basis so that changes can be made in

a timely manner. The student improvement

team reviews information collected that give a

picture of progress. The team continues to go

through the problem-solving process and make

adjustments to the plan until the student

experiences success. If the interventions are

such that they can be implemented in the

general education curriculum by the general

education teacher, then no further development

of the plan is necessary.

If the information the team collects suggests

that the activities tried are not working, the

team needs to determine if:

•

Parts of the intervention need to be

changed because some of the

intervention appears to help.

•

A whole new intervention needs to be

considered because what is being done

is not helping the student.

•

The team was off-base with what they

thought was contributing to the problem

and they need to revisit their thoughts on

this (example: The team thought that a

reason the student misbehaved was

because he wanted attention, but now

they think the reason the student

misbehaves is because the work is too

difficult for him).

What If the Team Suspects an

Exceptionality?

Each school district is to conduct general

education interventions prior to referring a

student for an initial evaluation. The team

may suspect the student is a student with an

exceptionality when:

•

Focused intervention activities have been

implemented over an extended period of

time and the student is not making

progress; or

•

Focused intervention activities have

resulted in progress, but the intervention

activities require a high level of on-going

support to maintain this progress and the

supports are “specially designed

instruction” beyond what is available in

general education.

When one of these situations arises, the team,

which may include the parents, makes a

referral for an initial evaluation. Parents must

be provided with a notice that the school is

proposing to conduct an initial evaluation. The

school must also request that parents give their

consent for an initial evaluation in writing. In

addition, parents must be given a copy of the

Parent Rights in Special Education

(Parent

Rights), explaining their rights under special

education law.

(For a copy of the Parent Rights see

http://www.kansped.org/ksde/laws/prights/pri

ghtspage.html . See Chapter 5, Evaluation,

Reevaluation, and Eligibility; and Chapter 11,

Parent and Student Rights.)

18

---

19

QUESTIONS AND ANSWERS ABOUT

GENERAL EDUCATION INTERVENTION

1. What areas will the Student

Improvement Team look at that might

be affecting the student’s learning?

Š

relevant academic, developmental and

functional performance;

Š

how instruction is delivered;

Š

classroom and community learning

environment;

Š

student characteristics;

Š

family issues;

Š

health concerns; and

Š

other ideas.

2. What resources are available to the

school?

The school should identify a variety of

possible resources from within the school

(councilors, tutoring programs, peer

mentoring, etc.) and from the community

(mental health, support groups,

community health programs, social and

rehabilitation services, etc.). (See Figure

4-2.)

3. What if a parent makes a referral and

does not want to delay the initial

evaluation?

If the parent gives consent for an initial

evaluation, the evaluation team may

conduct general education interventions

as part of the evaluation procedures to

assist in determining present levels of

academic achievement and functional

performance.

4. How do parents know how to access

these resources?

Each school should let the parents know

about whom they can contact if they have

a concern about their student. They

should explain what happens when a

referral is made to get help for a student.

This information could be in the school

newspaper, fliers or brochure, or a school

handbook that goes home.

5. How can parents be part of the general

education intervention (GEI) process?

Parents should be informed as soon as a

problem arises and be involved in any

classroom interventions. They should be

part of the decision-making when their

student is referred to the GEI process.

The team should encourage the parents

to be a participating member of the SIT

team.

6. How long does a student stay in the

problem-solving process?

The amount of time the team continues

with the problem-solving process is

based on student success. There must

be enough time to see if the intervention

is going to work. Once the intensity of

the intervention is such that it is special

education, or it is apparent that the

general education strategies are not

working, the student should be referred

for an initial evaluation. The data from

the SIT process provides information

about the student’s present levels of

academic achievement and functional

performance.

Resources

Mather, K, and Miller, D.,

Student

Improvement Training Handbook

. Kansas

State Department of Education. (Rev. 2004).

Special Education Process Handbook

,

Kansas State Department of Education,

Student Support Services. (Rev. 2001),

http://www.kansped.org/ksde/ph01/process0

1.html .

When schools work together with

families to support learning,

children tend to succeed not just

in school, but throughout life.

Henderson and Mapp

---

20

---

CHAPTER 5

Initial Evaluation,

Reevaluation, and

Eligibility

Introd

he Individuals with Disabilities

Education Act (IDEA) requires an initial

evaluation in order to determine if

a

student is a student with an exceptionality.

This identification is needed for the student to

receive special education services. There are

three ways a student could be referred for an

initial evaluation:

uction

1. when screening or general education

intervention indicates the student may

have an exceptionality;

2. when the Part C Infant-Toddler program

makes a referral to the school; or

3. when parents formally request an initial

evaluation.

When a referral is made for an initial

evaluation, the parents must be given a copy

of their

Parental Rights in Special Education,

(Parent Rights) under IDEA (See Parent

Rights

http://www.kansped.org/ksde/laws/prights/pri

ghtspage.html )

If the parent’s language is not a written

language (such as sign language) the school

must ensure that the parents understand the

Parental Rights document. The document

must be written in the parents’ native

language (unless it’s not practical to do so),

and be understandable to the public. (See

Chapter 11, Parent and Student Rights).

Figure 5-1 is a flow chart that shows the

steps in the process for an initial evaluation.

Written Notice and Parent Consent

The school must provide the parents with

prior written notice and ask for written

permission from the parents before an initial

evaluation can be conducted. The request

for permission to conduct the initial

evaluation must inform the parents about

what they are giving permission or consent

for. When parents give consent for an initial

evaluation they are not giving consent for

placement to receive special education and

related services.

If requested by the parent, a school will give

parents a chance to meet to discuss the

reasons for wanting the evaluation. The

written notice may be mailed or personally

delivered to the parents. In addition, a parent

may choose to receive the notice by email, if

the school makes that option available. The

prior written notice for initial evaluation and

request for consent must:

1. provide a description of the reasons they

are requesting an initial evaluation and

any relevant factors;

2. clearly describe the evaluation

procedures, including the kinds of

assessments, records or reports to be

used as part of the evaluation;

3. provide a description of other options

considered and the reason why those

options were rejected;

4. inform parents they are protected by the

procedural safeguards in the

Parental

Rights in Special Education

, and how

they can obtain a copy; and

5. give parents resources to contact for help

in understanding their rights.

If the parents give written consent for the

evaluation, the school may start the

evaluation immediately. If the parents have

not given consent for the evaluation, the

school should try to contact the parents to

explain the need for the evaluation and

answer any questions they may have. If the

parents still refuse to consent to the

evaluation, the school would either: (1)

accept their decision, or (2) ask for mediation

21

T

---

or a due process hearing. The school should

keep records of contacts and meetings with

the parents.

If the parents refuse to give consent and the

school decides it needs to do the evaluation,

the school may ask the parents if they want to

have a mediation meeting. Mediation is

voluntary for both the parents and the school.

There is no cost to either of them because

mediation is paid for by the Kansas State

Department of Education. Mediation may not

be used to deny or delay the parents’ right to a

due process hearing or to deny any other

rights. Mediation has been found to be an

informal and positive way to resolve issues.

Discussions during mediation are confidential

and may not be used as evidence in any later

due process hearings or civil proceedings.

(See Chapter 14, Resolving Disputes.)

If the parents request an initial evaluation

and the school decides that the evaluation is

not necessary, the school would provide the

appropriate written notice to the parent. This

written notice must be provided to the

parents within 15 school days, unless there is

some unusual circumstance. If the parent

does not agree that the initial evaluation is

not necessary, the parent may request

mediation or a due process hearing.

Under some circumstances, a school may

have to get consent for an initial evaluation

from a person other than a parent of the

student. For example, when a student and

the parent’s rights have been severed by a

court or the parents cannot be located, an

education advocate must be appointed by

the State Board of Education to make

educational decisions for that student.

Another example is that a judge may appoint

a person other than the parent to make

educational decisions for the student. In

cases like these, the school must get consent

from the appropriate persons before

conducting an initial evaluation. (See

Chapter 12, Education Advocate.)

Initial Evaluation

The evaluation team is made up of the

parents and other qualified professionals.

The team has at least one teacher or another

specialist who knows the area of suspected

exceptionality, and at least one person

qualified to do individual diagnostic

evaluations.

In conducting the initial evaluation the school

shall:

•

use a variety of assessment tools and

strategies to gather relevant functional,

developmental, and academic

information including information

provided by the parent;

•

not use any single measure or

assessment as the sole criterion for

determining an appropriate educational

program for the child;

•

use technically sound instruments that

may assess the relative contribution of

cognitive and behavioral factors, in

addition to physical or developmental

factors;

•

not require the use of a severe

discrepancy between intellectual ability

and achievement; and

•

may use a process based on the

student’s response to scientifically,

research-based interventions and

alternative research-based procedures.

The initial evaluation must be finished within

60 school days from the date the school

receives written consent from the parent.

This timeline may not apply if the school can

justify the need for a longer period of time or

the parent and the school agree to an

extension of time. If a student transfers from

one school district to another during the

evaluation of the student the parent and the

school shall agree on a reasonable time for

the completion of the evaluation. A school

shall not be held to the timeline if the parent

fails or refuses to make the student available

for the evaluation.

22

If the parents request an initial evaluation

before general education interventions are

tried, the general education interventions may

continue as part of the evaluation.

---

The evaluation team will use a variety of

assessment tools and strategies including:

record reviews, interviews, observations, tests,

and the student’s response to scientific

research-based interventions. The student will

be assessed in all areas related to the

suspected exceptionality and all assessments

will be administered by trained and knowl-

edgeable personnel. The purpose is to get

academic, functional and developmental

information, including information from the

parents that may help determine if the student

is eligible for special education services.

Some of the information from the evaluation

also becomes a part of the student’s

individualized education program (IEP),

including information about the present levels

of academic achievement and functional

performance, and how the student will be

involved in and progress in the general

curriculum. For preschool children, this means

how they can participate in activities

appropriate for their age.

The team will review all of the information they

have about the student. The team may decide

that they have enough information for the

evaluation without conducting additional

assessments. In this case, the school will

provide the appropriate written notice to let the

parent know they have enough information

and will not conduct any more assessments.

The parent may still request that additional

assessments be conducted if they think it is

necessary to determine eligibility and the

educational needs of the student.

Eligibility

After the evaluation is completed, the

evaluation team meets to decide if the results

of the evaluation show that the student is

eligible for special education services. No

one measure can be used as the only

evidence to decide if a student is eligible.

For example, an IQ test score cannot be the

only source of information used to say that a

student meets the requirements as an

exceptional student.

The student’s parents are to be invited to be

part of the team making this decision. They

may attend the meeting or have their

opinions given by another person or a team

member. The team provides the parents a

copy of the evaluation report and the

documentation of determination of eligibility.

The Kansas special education law considers

that a child is eligible if they:

(1) meet the requirements of one or more of

the exceptionalities including:

ƒ

mental retardation,

ƒ

hearing impairments (including

deafness),

ƒ

speech or language impairments,

ƒ

visual impairments (including

blindness),

ƒ

serious emotional disturbance

(emotional disturbance),

ƒ

orthopedic impairments,

ƒ

autism,

ƒ

traumatic brain injury,

ƒ

other health impairments,

ƒ

specific learning disabilities,

ƒ

developmental delay ages 3-9,

ƒ

giftedness; and

(2) as a result of having an

exceptionality, need special education

and related services.

If the evaluation results show that the student

is a student with an exceptionality the team

must also decide if the student needs special

education services. A student may be a

student with disabilities or giftedness, but may

not need special education services. These

students may still need some special help. In

such cases, they may have their needs met

through accommodations to the general

education curriculum. If the student has a

disability, s/he may qualify for services under

Section 504.

23

A team made up of parents and qualified

professionals, make the decision about

eligibility. No one person can decide if the

student is eligible for special education

---

services. If the student’s learning problems

are primarily from a lack of instruction in

reading or math, or limited English ability, the

student is not eligible for special education

services. In those situations, the team should

suggest what other services or programs

might help the student. (See Table 4-2)

Reevaluation

The student is to be reevaluated at least

once every 3 years unless the parent and the

school agree that a reevaluation is not

necessary. Also, a reevaluation may be

conducted any time the school believes the

needs of the student should be reevaluated,

or the parent or teacher requests a

reevaluation. A reevaluation may not happen

more than once a year unless the parent and

the school agree that it is necessary.

The school must give the parents the same

notice as outlined in this chapter for an initial

evaluation and ask the parents for their

written consent before doing any

reevaluation. If the school tries several times

to get the written consent and the parents do

not respond, the school can go ahead with

the reevaluation. If the parent does not

respond or refuses to give consent for a

reevaluation the reevaluation will not take

place unless the school pursues mediation or

due process to obtain agreement. The

school shall document different ways they

tried to reach the parents, such as phone

calls, personal visits, mail, etc.

The procedures and requirements for a

reevaluation are the same as for an initial

evaluation.

Review of Existing Evaluation Data

As part of an initial evaluation, if appropriate,

and any reevaluation, the IEP team and other

qualified professionals will look at the

assessment information that is already

available, including evaluations and

information from parents, current classroom-

based assessments, and observations by

teachers and related service providers. The

team will also identify what additional

information, if any, is needed to decide:

ƒ

if the student has, or continues to have,

an exceptionality;

ƒ

if the student needs, or continues to need

special education and related services;

ƒ

the student’s present levels of academic

achievement and related developmental

needs; and

The team may decide that it has enough

information for the reevaluation without

conducting additional assessments. In this

case, the team will provide the appropriate

notice to let the parent know they are

requesting to conduct a reevaluation, but

they have enough information for the

reevaluation and will not conduct any more

assessments. The parent may still request

additional assessments be conducted if they

think it is necessary to determine eligibility

and the educational needs of the student.

Evaluations Before Change in

Eligibility

The school staff will reevaluate a student with

an exceptionality before deciding that the

student no longer needs special education

services. For example, a student may have

accomplished the goals on the IEP and be

doing well in the general education

classroom. There may be no more need for

special education services, but to be sure,

the team does the reevaluation. However, a

reevaluation is not needed when special

education services will end due to graduation

or because the student has reached age 21

and the current school year has ended.

Independent Evaluation

24

The parents of a student with an

exceptionality may obtain an independent

evaluation of their child or they may ask for

an independent evaluation at school expense

any time they disagree with the results of the

evaluation done by the school. When the

parents ask for an independent evaluation at

school expense, the school must provide it or

begin a due process hearing to show that its

evaluation is appropriate. If the final decision

---

is that the school’s evaluation is appropriate,

the parent still has a right to an independent

evaluation, but the school does not have to

pay for it. The results of any independent

evaluation must be considered by the school

or hearing officer, or both, in decisions made

about the student’s special education services.

When an independent evaluation is done, the

same requirements for evaluations done by

school staff must be followed. The people who

do the evaluation must meet the qualifications

required by the school for its own evaluators.

The school may not be responsible for the

costs of unreasonably expensive evaluations

when similar evaluations do not cost as much.

The school may limit costs for independent

educational evaluations paid for by the school,

if the limit is reasonable. When the cost of an

independent evaluation is more than that limit,

the school pays only the limited amount.

However, the school may have to pay more

than the limit if there is something very special

that needs to be evaluated. If a hearing officer

asks for an independent educational

evaluation as a part of a hearing, the school

pays for it.

QUESTIONS AND ANSWERS ABOUT

INITIAL EVALUATION,

REEVALUATION, AND ELIGIBILITY

1. How do you make a referral/ request

for an initial evaluation?

Each school district has procedures for

making a referral for an initial evaluation.

This information should be available to

parents and school staff. A parent may

contact the school office or the teacher for

this information. A request can usually be

made by the parent either in writing or

verbally to a school official.

A referral may be made by the school

personnel when screening or general

education interventions indicate a student

may need special education services in

order to make progress in the general

education curriculum. If the parents ask

for an evaluation before the general

education intervention process is finished,

the intervention process may continue as

part of the evaluation. Before age 3, the

referral from the Part C Infant-Toddler

program is a referral for an initial

evaluation.

2. What can the school staff do to be

sure evaluations do not discriminate

?

All evaluation procedures must be

conducted in the language the child uses or

in the way the student communicates with

others. For example, if a student is from a

home where English is not used, the school

staff decides what language the student

understands the best. That is the language

they use for the evaluation.

Also, each assessment and other

materials are to be provided in the

language and form most likely to provide

accurate information on what the student

knows and can do academically,

developmentally, and functionally.

The evaluation or access to special

education services can not be delayed

because the student can not communicate

effectively in English. Also, a student

cannot be identified as a student with an

exceptionality because of limited ability to

speak English.

3. What are the qualifications of the

people doing the evaluation?

All assessments that are part of the

evaluation must be given by a professional

certified or licensed to give and interpret

that test or assessment.

4. What is required to be part of the

initial evaluation?

The assessment must provide enough

information to determine eligibility for

special education and develop an IEP for

the student. There must also be

information related to enabling the student

to make progress in the general education

curriculum, or for preschool children, to

participate in appropriate activities.

25

---

26

The student should be evaluated in all

areas of concern. The team must assess

the learning, behavior, physical and

developmental areas, to the extent these

are areas of concern.

The team must use a variety of

assessments tools and strategies to gather

functional, developmental and academic

information, including assessments,

observations, review of records and

interviews with parents and others

knowledgeable about the student. The

team may include a process based on the

student’s response to scientific, research-

based interventions and procedures. The

team shall not be required to use a severe

discrepancy between intellectual ability and

achievement.

5. What is the timeline for an initial

evaluation?

Each evaluation must be done within 60

school days from the date the school

received written consent to conduct the

evaluation from the parents. There are

some situations where the timeline may

be extended with agreement of the

school and parent.

6. What if a student is not eligible for

special education services?

If a student is evaluated and does not

qualify for special education services,

some other kinds of help may be needed.

The Student Improvement Team may

meet again to consider other resources

or find out if the student is eligible for

services under Section 504. (See

http://www.kansped.org/ksde/laws/504.doc

.)

7. What if a student transfers to another

school district during the initial

evaluation?

The two school districts are to share

information and to be sure that the

evaluation is completed as soon as

possible. The new school shall make

sufficient progress to ensure a prompt

completion of the evaluation. The school

and the parent should agree on a timeline

for completion of the evaluation.

8. Why would a parent agree to not have

a 3 year reevaluation?

A parent may agree to forgo a 3 year

reevaluation if their student has been

receiving special education services for

many years, or if there is enough

information available to determine the

educational needs of the student and that

the student continues to need special

education services. Through annual IEP

reviews, there should be continued

assessment data reviewed by the IEP team

of the student’s progress in meeting the

measurable annual goals.

Resources

Kansas Special Education for Exceptional

Children Act, 2006,

http://www.kansped.org/ksde/laws/spedlaw.h

tml

Kansas Special Education Regulations, 2001,

http://www.kansped.org/ksde/laws/art40/art40.pdf

.

Special Education Process Handbook

, Kansas

State Department of Education, Student

Support Services. (Rev. 2001).

http://www.kansped.org/ksde/ph01/process01.html

.

---

Table 5-1

INITIAL EVALUATION

and Reevaluation

REFERRAL Received from Screening,

General Education Intervention Process

or Parent Request

EXISTING DATA REVIEWED

by Evaluation Team

ELIGIBILITY REPORT

Provided to Parents

IEP Developed

If the Child is Found Eligible

ELIGIBILITY

Determined by Team

PARENT RIGHTS

provided at time of referral

PRIOR WRITTEN NOTICE provided

and CONSENT Obtained

27

EVALUATION /

REEVALUATION Conducted

---

28

---

CHAPTER 6

29

Individualized

Education

Program (IEP)

Introducti

any

Ind

(IE

Ind

on

people have called the

ividualized Education Program

P) the most important part of the

ividuals with Disabilities

Education Act (IDEA). The IEP is

individualized

so it is right for each student.

It must be educational

, that is, it must ensure

the student receives a free appropriate public

education. It is also a program

, or a plan for

the student’s success in learning and for their

future.

The parents of a student with an

exceptionality are expected to be equal

participants with school personnel, in

developing, reviewing, and revising the IEP

for their student. This is an active role in

which the parents:

1. provide critical information regarding the

strengths of their student and express

their concerns for enhancing the

education of their student;

2. participate in discussions about the

student’s need for special education and

related services and supplementary aids

and services; and

3. join with the other participants in deciding

how the student will be involved and

progress in the general curriculum and

participate in state and district-wide

assessments, and what services the

agency will provide to the student and in

what setting.

The IEP lays out how the student will receive

a free appropriate public education in the

least restrictive environment. Among other

components the IEP:

•

describes the student’s academic

achievement and functional performance;

•

describes how the student will be

included in the general education

curriculum;

•

establishes annual goals for the student

and describes how those goals will be

measured;

•

states what special education and related

services are needed by the student;

•

describes how the student will be

appropriately included in state and

district-wide assessments including

through the use of alternate

assessments; and

•

determines what accommodations and/or

modifications may be appropriate for the

student’s instruction and assessments.

THE IEP MEETING

Notification of Meeting

The school must schedule an IEP meeting at

least annually. Parents are to be notified in

writing at least 10 days before the date of the

IEP meeting. The notice should tell the

parent:

•

the purpose of the meeting;

•

the proposed meeting date, time and

place it will be held;

•

the positions of the people the school is

asking to attend the meeting.

The meeting should be on a date, time and

place that both the school and parents agree

upon. If the parents ask for, or agree to

meeting on an earlier date, the 10 days can

be waived.

Parents may ask to have the meeting at a

different date, time and place or to participate

in the meeting through a conference call,

video conference or other ways.

M

---

Who Are The IEP Team Members?

The required members of the IEP team

include:

•

the parents (or educational decision

maker);

•

not less than 1 of the student’s general

education teachers, if the student is or

may be participating in the general

education environment;

•

not less than 1 of the student’s special

education teachers or special education

providers;

•

someone who understands how the

evaluation results effect the instruction of

the general curriculum for the student;

•

a representative of the school who:

o is qualified to provide or supervise

specially designed instruction to meet

the unique needs of students with

exceptionalities;

o knows about the general curriculum;

o knows about the school’s resources;

•

at the discretion of the parent or school,

others who have knowledge or special

expertise about the student, including

related services personnel; and

•

the student at age 14 if appropriate (or

earlier).

In addition, if the child has been in a Part C

Infant-Toddler program, the parent can ask

that an invitation be sent to that program.

If one of the purposes of the IEP meeting for

a student age 14, or earlier if appropriate, is

to discuss the goals for the student after high

school and the transition services needed to

help the child in reaching those goals, the

following people must be invited:

•

the student (if the student does not attend

the IEP meeting, the school should be

sure the student’s preferences and

interests are considered);

•

a person from any agency likely to

provide or pay for transition services.

General Education Teacher at the IEP

Meeting

The role of the general education teacher is

to assist in determining appropriate positive

behavioral interventions, supports, and

strategies; the determination of supplementary

aids and services; the program modifications;

and support for school personnel that will be

provided to assist the student. The general

education teacher is required to attend the

IEP meeting unless the parent agrees to

excuse the teacher.

Excusal From IEP Meeting

A member of the IEP team can be excused

from all or part of the meeting if the parent

and school agree in writing that they do not

need to come because the member’s area of

the curriculum or related services is not being

changed or discussed in the meeting.

A member of the IEP team may be excused

from all or part of the IEP meeting when their

area of the curriculum or related services is

being discussed if the parents and school

agree in writing and the team member submits

written input into the development of the IEP

before the meeting.

Parent Attendance at the IEP Meeting

It is important that parents are involved in the

development of the IEP for their student and

every effort should be made to have the

parents attend the IEP meeting. Parents may

be part of the meeting by use of a conference

call, video conferencing or other ways.

However, the IEP meeting can be held

without the parent if the school can show that

they tried, but were unable to contact the

parent, or the parents did not want to attend

the meeting. Detailed records will be kept

showing the date, time and person making

telephone calls, visits to the home,

correspondence and other attempts to

contact the parents.

30

---

Who Else Can Come?

If they wish, the parents or the student may

invite others to attend the IEP meeting. They

may invite people they know who can provide

useful information about the student, such as

an advocate, or relatives. It is a good idea

for parents to let the school know who is

coming. In addition, other people who work

with the student (for example, job coach,

therapist, school nurse, bus driver, or

paraeducator) may attend. If parents invite

these people, the school does not have to

release them from their responsibilities so

they can attend. In addition, if parents invite

people who charge a fee for their time, the

school does not have to pay the fee.

The school should list all of the people, by

position, they are inviting to the IEP meeting

on the notice that is sent to the parents 10

days before the meeting is to be held.

How Often Do They Meet?

The meeting to develop a student’s first IEP

must be held within 30 calendar days after

the team determines the student is eligible

for special education services. It must also

be within the 60 school days from when the

school receives the parents’ consent to the

evaluation until the start of the services.

After that, IEP meetings must be held at least

every year to review the student’s current

IEP and revise it as appropriate. In addition,

the parents or staff can ask for an IEP

meeting any time during the school year if

they feel there is a need for changes or

discussion.

Changes to the IEP

Changes made to the IEP after the annual

review of the IEP, may be made by all of the

team members or, if the school and parent

agree, can be made by an official representa-

tive of the school and the parent. The school

will give the parent prior written notice of any

changes made to the IEP and get consent

from the parent if the changes are: more or

less than 25 percent of the duration or

frequency of a service (material change in

services); or more than 25 percent of the

student’s school day with regard to participation

in a more or less restrictive environment

(substantial change in placement). Parents

may request a copy of the revised IEP.

Changes made after the annual review do not

change the annual IEP date.

When and Where?

IEP meetings are held at a time and place

that are agreed upon by the parents and the

school. Usually, meetings are at the student’s

school. When deciding the time and date for

the meeting, the team must choose a time

when all required IEP team members can

attend either in person or through another

way, such as conference a call.

What Is Discussed?

At an IEP meeting, the parents, the student if

appropriate, and the school staff meet as a

team to decide together:

•

how the student learns best and the

learning needs of the student;

•

the concerns of the parents for the

student to receive a good education;

•

the results of the initial evaluation or

reevaluation;

•

the academic, developmental and

functional needs of the student; and

•

the services that will be provided to meet

the student’s needs.

When revising an IEP, the team will also

consider if the annual goals are being

achieved. The team also revises the IEP to

address:

•

any lack of expected progress toward the

annual goals and in the general

education curriculum;

•

the results of any reevaluation;

•

information provided by the parents;

•

the student’s anticipated needs;

•

any other matters, as appropriate.

31

The parents should be aware of what is to be

discussed at the IEP meeting. The notice of

the IEP meeting should indicate the purpose

of the meeting. If there is an agenda for the

---

meeting, the parents should have a copy

before the meeting. Parents should have

enough time to prepare for the meeting.

Figure 6-1 is an IEP Planning Tool that

parents can use in preparing for the IEP

meeting. It is important that the team

considers the parents perspective on both

the strengths and concerns of their student.

This form assists parents in thinking about

the learning and developmental needs of

their student.

How long does the meeting take?

The length of an IEP meeting is different,

based upon what needs to be discussed. On

the average, the meeting may take one to

two hours. The initial IEP meeting and

meetings where transition issues are being

discussed may require extra time.

THE IEP DOCUMENT

What goes into a student’s IEP?

The IEP has several parts and must have

certain information. In Kansas, each school

decides how this information is presented.

IEP forms vary from district to district.

However, the main parts listed below must be

included:

•

present level of academic achievement

and functional performance;

•

measurable annual goals including

academic and functional goals;

•

benchmarks or short-term objectives if

the student is participating in an alternate

assessment aligned to alternate

achievement standards;

•

a description of how the student’s

progress toward meeting the annual

goals will be measured and when

periodic reports will be provided;

•

special education and related services

and supplementary aids and services,

including the frequency, location and

duration of the services;

•

transition services and postsecondary

goals(age 14, or earlier if needed);

•

participation in district-wide and State

assessments;

•

consideration of special needs for, or to

support, the student; and

•

an explanation of the extent, if any, to

which a student will not participate with

general education students in classrooms

or activities.

Present Level of Academic Achievement

and Functional Performance

An important part of the student’s IEP is the

present level of academic achievement and

functional performance. This is a description of

the student’s abilities and his/her behavior and

should clearly describe the student’s current

academic and non-academic strengths, skills,

talents, and needs. Also, the present levels

should include how the student’s exceptionality

affects his/her ability to participate and progress

in the general education curriculum. For

preschool children, a description of how the

child’s disability affects participation in

appropriate activities should be stated. If the

student is 14 or older, the present levels should

have information about transition needs.

The present level of academic achievement

and functional performance establishes the

starting point, or baseline, that will be used to

develop the IEPs measurable annual goals

and measure progress in meeting those

goals.

Measurable Annual Goals

Another important part of the student’s IEP is

the measurable annual goals, including

academic and functional goals. These goals

help the student to participate and make

progress in his/her areas of need that arise

from the student’s exceptionality, at the level

that is appropriate for him/her. The goals

must be measurable and must relate directly

to his/her academic achievement and/or

functional performance.

32

Measurable annual goals

are statements

describing what the student will learn in the

next year. They should:

---

•

relate directly to the needs described in

the present levels of educational

performance;

•

be something that can be reasonably

accomplished within the school year;

•

allow the student to be involved in and

progress in the general education

curriculum; and

•

be measurable to determine if the student

is making progress.

An example of an annual goal is, “In 36

weeks, Andy will be able to rote count from 1

to 25 without prompts with 100% accuracy on

at least

3 of 4 trials.”

Benchmarks or Short-Term Objectives

Benchmarks or short-term objectives are

required only for students who will take an

alternate state or district-wide assessment.

Benchmarks and short-term objectives may

be included in the IEP for other students if

the IEP team chooses to use them as a way

of describing how the student will make

progress.

Benchmarks

are major milestones along the

way to completion of an annual goal. A

benchmark is a step in the process, such as,

“In 9 weeks, Andy will be able to rote count

from 1 to 15 without prompts with 100%

accuracy on at least 3 of 4 trials.”

Short-term objectives

are instructional

steps to achieve measurable annual goals.

They are based on a step by step breakdown

of the measurable annual goals. They can

also help the teacher develop daily lesson

plans.

Progress Reporting

The IEP should also describe how the

student’s progress toward meeting the

annual goals will be measured and when

reports on the progress the student is making

will be provided to the parents.

Special Education, Related Services

and Supplementary Aids and Services

Each IEP must include the special education

and related services as well as the

supplementary aids and services to be

provided to the student. These services are

to be instruction and strategies known to be

effective through research, as much as

practical. The services should also include

any needed accommodations, changes to

the general education curriculum or supports

for the teaching staff that will help them work

with the student.

The special education services, related

services and supplementary aids and

services are put into place to help the student

to:

•

make progress toward meeting the

annual goals;

•

be involved in and make progress in the

general education curriculum and to

participate in extracurricular and other

nonacademic activities; and

•

be in the general education classroom

and participate in other educational

activities with other students without

special needs.

Special education services

are specially

designed, individualized services that make it

possible for the student to meet his/her

academic and functional goals and needs

provided in the location that is the best place

for him/her to learn.

33

Related services

are special services

needed to support students’ special

education services so they can make

progress to meet their academic and

functional goals. Related services can

include services such as occupational

therapy, physical therapy, speech-language

therapy, counseling services, orientation and

mobility services, and/or transportation

services. Related services do not include a

medical device that is surgically implanted, or

the replacement of such a device, such as a

cochlear implant. Related services also do

---

not include services provided by a medical

doctor.

Supplementary Aids and Services

are

services, aids and other supports that are

provided in general education classrooms or

other education-related settings so that

students with an exceptionality can

participate with students without

exceptionalities to the maximum extent

appropriate. Some examples might be a

paraeducator, an interpreter, a note-taker,

modifications to the curriculum or an

assistive technology device.

Frequency, Location and Duration of

Services

Any special education, related service and/or

supplementary aid or service that the student

needs must be written into the IEP. This is true

even if the service is not directly available from

the school, and the service is provided by or

contracted to another agency or provider. For

each service the IEP should list:

•

the type of service to be given (for

example, speech therapy);

•

the frequency and location (for example,

individual speech therapy, 2 times per

week during reading class or in the

resource room);

•

the date the service will begin and end;

and

•

the position of the person who will

provide the service (for example, speech

therapist or special education teacher).

Transition Services

When the student turns 14, the IEP team must

plan for the student’s life and activities after

high school. This planning can start earlier if

the team decides that it is necessary. At age

14, if not before then, the IEP must include

measurable goals for what the student wants to

do after high school. The goals should relate

to the student’s course of study based on

his/her strengths, interests and preferences

(for example, taking advanced placement

courses or vocational education courses such

as, welding, auto mechanics or early childhood

development). The IEP team will also discuss

what services the student will need in order to

meet the goals.

The student is to be assessed to help see

what the student’s strengths, interests and

abilities are and to help in deciding what might

be appropriate goals. The assessment should

look at these areas:

•

educational options,

•

employment opportunities,

•

independent living skills, if appropriate.

When the student is 17, the IEP must have a

statement that the parent and student have

been informed about the rights that will transfer

to the student at age 18. (See Chapter 10,

Transition.)

Participation in the General Education

Curriculum and Environment

Each student’s IEP must describe the time

that the student will

not

participate in the

general education environment and/or

extracurricular and nonacademic activities

with students not receiving special education

services.

A statement of any changes to the student’s

curriculum or environment must be included

in the IEP if necessary for the student to

participate in the general education

curriculum and environment. These changes

might be accommodations (supplementary

aids and services), modifications, or supports

for school personnel. These will allow the

student to:

•

move ahead toward completing the

annual goals;

•

be involved and progress in the general

curriculum; and

•

participate in extracurricular and other

nonacademic activities.

34

An

accommodation

is an aid, service or

support that allows students to participate

with general education students to the

maximum extent appropriate. An

accommodation may be made to provide an

equal opportunity in a general education

---

environment, so the student can demonstrate

what she/he knows and can do. An example

of an accommodation is when a student is

given more time to do a class assignment.

A

modification

is when the task is changed,

sometimes a great deal, because the student

is unable to do the task, even with

accommodations. For example, if the student

can not read, a class reading assignment

would be changed for him/her. Perhaps

someone reads the information to the student

and asks questions.

State and District-wide Assessments

All students should participate in Kansas state

assessments and district-wide assessments at

the appropriate age when an assessment is

given. The IEP team will include on the IEP

any accommodations that the student may

need when participating in the state or district-

wide assessment.

The IEP team may decide that a particular

state or district-wide assessment is not

appropriate for a student and that the student

will take an alternate assessment. Kansas

has 3 assessment options for each student:

•

the general assessment with or without

accommodations;

•

the Kansas Assessment of Modified

Measures (KAMM); or

•

the Kansas Alternate Assessment.

In order for a student to be eligible to take either

the KAMM or the alternate assessment, the IEP

team must decide if she/he meets the eligibility

criteria. If the student is to take an alternate

assessment the IEP must include:

•

why the regular assessment is not

appropriate for the student; and

•

which assessment is appropriate for the

student.

Examples of accommodations might be, that

the student is allowed extra time to take the

test, or have someone to write the answers that

the student gives. If a student is to have an

accommodation for the state or district-wide

assessment, it should be included in the IEP

and should be something that is needed by the

student for other daily learning needs.

The State has developed alternate state

assessments for students who are not able to

take the regular assessment. Local districts

have alternate district-wide assessments for the

student population that qualifies. Only a small

number of students with disabilities will take the

Kansas alternate assessments. (For more

information on the Kansas state assessments see

http://www.kansped.org/ksde/assmts/ksstass

mtsinfo.html .)

Special Considerations

A student may have some needs that are very

special. These special needs are to be looked

at by the IEP team and included in the IEP if the

student needs any of these special services.

Some special situations are as follows:

•

for behavior issues, consider strategies,

including positive behavioral

interventions, strategies, and supports;

•

for a student with limited English

proficiency, consider the language needs

as they relate to the student’s IEP;

•

for a student who is blind or visually

impaired, provide for instruction in Braille

unless the IEP team decides it’s not

appropriate;

•

for a student who is deaf or hard of

hearing, consider the student’s language

and communication needs; and

•

consideration of the need for assistive

technology devices and services.

Graduation

When students are in high school, the IEP team

should talk about when they will graduate.

Most students will graduate with their class;

however, students with disabilities may attend

school until the end of the school year in which

they reach the age of 21. The team should look

at the classes required for graduation, and what

the student’s long-term goals are. These plans

for graduation or completion of the program are

closely tied to the transition plan in the IEP.

35

---

Implementing the IEP

As a member of the IEP team the parent will

be asked to sign the IEP to indicate his/her

attendance at the meeting. Once the IEP

has been developed, the school will provide

the parents with a prior written notice and ask

the parent to provide written consent to begin

providing the services on the IEP. The

school cannot begin services until the parent

gives consent.

Never doubt that a small group of thoughtful,

committed people can change the world.

Indeed, it’s the only thing that ever has.

Margaret Mead

QUESTIONS AND ANSWERS ABOUT

THE IEP

1. How can parents be involved in the

IEP meeting when they work during

the day?

The IEP team should make every effort to

have the parent attend the IEP meeting.

Meetings can be held at a time convenient

for the parent, such as, before the parent

goes to work in the morning, or during lunch

time. Parents can attend the IEP meeting

from work by telephone or video conference.

2. What if the parents do not speak

English?

In order to help the parent understand

what is being proposed for his/her

student during the IEP meeting, the

school should provide a translator for

parents who do not speak English.

3. Where do we get the information to

describe the student’s present level of

educational performance?

Information is gathered during the general

education interventions and/or the evaluation

and by the teacher and others working with

the student during the school year. Common

sources of information include both formal

and informal assessments of student

performance, observations of student

behavior at home and school, student work

samples, and any other input from parents

and teachers that is relevant.

4. What should the IEP team consider

when it decides how the student will

participate in state or district-wide

assessments?

The IEP team will decide if the student can

participate in the general state or district-

wide assessments or whether she/he

meets the eligibility criteria to take either the

KAMM or the alternate assessment. Here

are some suggestions to consider when

making participation decisions:

•

what accommodations are needed

during daily instruction;

•

what is the intensity of individualized

instruction and supports;

•

what is the student’s level of

performance; and

•

what content area of assessment is

being administered.

5. What if the student/family transfers to

another school district during the

school year?

The new school will get copies of the records

from the old school as soon as possible. The

new school will provide the services on the

IEP or services as similar as possible, until

the new IEP team can meet to review the

current IEP and adopt it or develop and

implement a new IEP that better meets the

student’s needs. The school may ask the

parents for consent to conduct a reevaluation.

6. How are the parents concerns for their

child included in the IEP?

36

The IEP team is to ask for and discuss any

concerns or information that the parent may

have about the student’s learning needs.

This discussion may help the team decide

on what should be included in the plan and

to see what the teacher can do to help the

student to learn and make progress in

meeting his/her IEP goals. The parents

---

37

concerns may be included in the IEP or in

the notes of the IEP meeting.

RESOURCES

Kansas Special Education for Exceptional

Children Act, 2006,

http://www.kansped.org/ksde/laws/spedlaw.html

Kansas Special Education Regulations,

2001,

http://www.kansped.org/ksde/laws/art40/art40.pdf

Excusal from Attendance Form,

http://www.kansped.org/ksde/laws/forms/ExcAttend.pdf

IEP Amendment Form,

http://www.kansped.org/ksde/laws/forms/IepAmend.pdf

Special Education Process Handbook

,

Kansas State Department of Education,

Student Support Services. (Rev. 2001),

http://www.kansped.org/ksde/ph01/process01.html

.

---

38

---

39

Table 6-1

IEP Planning Tool

Student:

Age:

Grade:

Your child’s Present Levels of Academic Achievement and Functional Performance are the foundation

upon which his/her IEP is built. Before a team can develop an IEP which meets your child’s needs and

provides the supports, services and specially designed instruction, the team must clearly identify your

child’s present levels. Your role in this process is to share what you see as your child’s strengths, needs

and dreams for the future. It is important to list both strengths and needs as the key to helping your child

succeed.

My child’s

strengths and needs

in the following areas:

‰

Physical (fine and gross motor)

‰

Communication (receptive language and expressive language, can others understand him/her, how

does he/she follow directions, how does he/she communicate, use of language in social

situations…)

‰

Thinking (cognitive) abilities: (academic performance)

‰

Social Skills (include any emotional concerns, anxiety…)

‰

Vision and hearing (delay in processing time…)

‰

Health (which may affect the school day)

‰

Behavior (behaviors which impede his/her learning, talking, attention concerns…)

‰

Self-help skills (using restroom, eating…)

‰

Vocational skills (age 14 and beyond) (job related…)

‰

Any other needs/strengths specific to your child

It is also important for the team to know your

child’s interests.

My child’s interests: (he/she love to do, watch…)

My dream’s for my child: (for this year and for

the future…)

Other concerns:

The common traits of people who are successful

supporting my child:

People, places, things or activities important to

your child:

Families Together, Inc.

www.familiestogetherinc.org

---

40

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CHAPTER 7

Special Education and

Related Services

Introd

his chapter will discuss what services a

student may receive under the

Individuals with Disabilities Education

Act (IDEA). One of the most important things

the Individualized Education Program (IEP)

team must do is to decide what special

education and related services the student

needs and to include in the student’s IEP.

The special education and related services

are to help the student:

uction

•

make progress on the goals in his/her

IEP;

•

participate and progress in the general

education curriculum and environment, or

appropriate activities for children ages 3-

5; and

•

learn in the same classroom with

students without special needs as much

as possible.

Each student with an exceptionality is to

receive a free appropriate public education

(FAPE). This means that students will

receive special education and related

services that:

(a) are provided by the public schools,

under public school supervision and

direction, and without charge to the

parents;

(b) meet the standards of the state

education agency;

(c) include preschool, elementary school, or

secondary school education in the State;

and

(d) are provided according to an IEP that

meets the requirements of the law.

The services a student receives are based

on his/her individual needs. This chapter

discusses the following services:

•

special education services;

•

related services;

•

supplementary aids and services;

•

assistive technology devices;

•

assistive technology services;

•

transition services;

•

extended school year services;

•

private school services.

More complete information about special

education and related services can be found

in the

Special Education Process Handbook

http://www.kansped.org/ksde/ph01/process01.html

Parental Consent

The school must provide the parents prior

written notice and request written consent

before the services on the initial IEP can be

provided. If the parents refuse to consent or fail

to respond no services will be provided. The

school cannot use due process or mediation to

obtain agreement for services to be provided.

The school shall document reasonable

attempts to obtain parental consent.

Special Education

According to IDEA, the term

special

education

means specially designed

instruction, at no cost to parents, to meet the

unique needs of a student with an

exceptionality, including:

•

instruction conducted in the classroom, in

the home, in hospitals and institutions,

and in other settings; and

•

instruction in physical education.

Special education

includes:

•

speech-language pathology services,

occupational and physical therapy, if the

service is considered special education

rather than a related service under

Kansas State standards;

•

travel training; and

•

vocational education.

Physical education

means the development of:

•

physical and motor fitness;

•

fundamental motor skills and patterns;

41

T

---

•

skills in aquatics, dance, and individual

and group games and sports (including

intramural and lifetime sports); and

•

includes special physical education,

adapted physical education, movement

education, and motor development.

Specially designed instruction

means

adapting, as appropriate

to the needs of the student, the content,

methodology, or delivery of instruction to:

•

address the unique needs of the student

that result from the student's disability;

and

•

ensure access of the student to the

general education curriculum, so that

s/he can meet the educational standards

of the school district that apply to all

students.

Travel training

means providing instruction,

as appropriate, to students with significant

cognitive disabilities, and any other students

with disabilities who require this instruction,

to enable them to:

•

develop an awareness of the

environment in which they live; and

•

learn the skills necessary to move

effectively and safely from place to place

within that environment (e.g., in school, in

the home, at work, and in the

community).

Vocational education

means

•

organized educational programs that are

directly related to the preparation of

individuals for paid or unpaid employment,

as well as for additional preparation for a

career not requiring a baccalaureate or

advanced degree; and

•

includes vocational and technical

education.

To determine what special education

services will be provided to the child, the

IEP team will look at the student’s present

levels of academic and functional

performance, the measurable annual goals

and, if appropriate, the short-term

objectives or benchmarks that are included

in the IEP. The special education services

are:

•

to be based on the unique needs and

abilities of the student; and

•

to reasonably promote the student’s

educational success.

Related Services

Related services are the developmental,

corrective, and supportive services required

to assist a student with an exceptionality to

benefit from special education services. The

IEP team looks at each student’s goals to

decide what services and supports are

needed to assist the student to achieve

his/her goals. The term “related services”

means developmental, corrective, and other

supportive services including, but is not

limited to:

•

speech-language pathology;

•

audiology services;

•

psychological services;

•

physical and occupational therapy;

•

recreation, including therapeutic

recreation;

•

social work services;

•

counseling services, including

rehabilitation counseling;

•

orientation and mobility services;

•

interpreting services;

•

school nurse services;

•

counseling services;

•

parent training;

•

transportation, needed so that the student

can participate in special education and

related services at school or other places

in the community. It may include travel to

and from school, travel in and around

school buildings and specialized

equipment, such as lifts and ramps;

•

medical services (for diagnostic and

evaluation purposes only) as may be

required to assist a child with a disability to

benefit from special education; and

•

includes the early identification and

assessment of disabling conditions in

children.

42

---

It is important to point out the difference

between medical services and school

nurse/health services. Medical services are

services that must be provided by a doctor.

Services that require the skills of a medical

doctor are related services only if they are

performed for diagnostic or evaluation

purposes. School nurse services are

provided by a qualified school nurse or other

qualified person and are to be provided to

assist a student with a disability to benefit

from special education and related services.

Supplementary Aids and Services

In addition to related services, some students

may require additional help to support their

learning. These supplementary aids and

services (also referred to as

“accommodations”) may include aids, services,

and other supports that are provided in general

education classes or other education-related

settings to enable children with exceptionalities

to be educated with nonexceptional children to

the maximum extent appropriate. Examples

of these services might include a

paraeducator, a sign language interpreter, a

job coach, or a bi-lingual translator.

Assistive Technology Devices and

Services

Most of us think of technology as equipment

of some kind, usually something like a

wheelchair or expensive like a computer-

based communication device. Most assistive

technology devices are fairly simple and

inexpensive. The definition of assistive

technology device in IDEA is very broad:

“The term ‘assistive technology device’

means any item, piece of equipment, or

product system, whether acquired

commercially off the shelf, modified, or

customized, that is used to increase,

maintain, or improve functional

capabilities of a child with a disability”.

Assistive technology device does not include

a medical device that is surgically implanted,

or the replacement of such a device; such as

a cochlear implant.

The definition of assistive technology service

is also very general:

“The term ‘assistive technology service’

means any service that directly assists

a child with a disability in the selection,

acquisition, or use of an assistive

technology device. This may include:

(a) the evaluation of the needs of such

child, including a functional

evaluation of the child in the child’s

customary environment;

(b) purchasing, leasing, or otherwise

providing for the acquisition of

assistive technology devices by

such child;

(c) selecting, designing, fitting,

customizing, adapting, applying,

maintaining, repairing, or replacing

of assistive technology devices;

(d) coordinating and using other

therapies, interventions, or services

with assistive technology devices,

such as those associated with

existing education and rehabilitation

plans and programs;

(e) training or technical assistance for

such child, or, where appropriate,

the family of such child; and

(f) training or technical assistance for

professionals (including individuals

providing education and rehabilitation

services), employers, or other

individuals who provide services to,

employ, or are otherwise substantially

involved in the major life functions of

such child.”

In order to decide what kinds of devices or

services might be helpful for a student in

school, home, work, or the community, it is

important to conduct an assistive technology

evaluation. The team may list an assistive

technology evaluation as a service on the

IEP. (For more information on assistive

technology see

http://atk.ku.edu/atiep.htm

.)

43

---

Transition Services

Transitions are a natural part of the

educational experience for all students.

Students move from infant-toddler to

preschool, to kindergarten, to elementary

school, middle school, and high school.

There may be some transitions in between,

especially if the family moves from one area

to another. Both families and schools need

to be aware if the student needs some

special help to make these moves smoothly

and without missing any services.

The transition services required to be

included in the IEP refer to those provided to

a student to prepare them for life after

leaving high school. When the student is age

14, the IEP team is to talk about what the

future holds for them. What kind of classes

should she/he take? What activities are of

interest to the student and in what

community-based activities does the student

want to participate?

In developing the student’s transition goals,

the IEP team, including the student, must

determine what instruction and educational

experiences will help prepare him or her for a

successful transition to life after high school.

At age 14, if not before then, the IEP must

include measurable goals for what the

student wants to do after high school. The

goals should relate to the student’s courses

of study based on his/her strengths, interests

and preferences (for example, taking

advanced placement courses or vocational

education courses such as, welding, auto

mechanics or early childhood development).

Then, at age 16, in addition to the

measurable goals for after high school and

the courses of study, the IEP team must

develop a statement of the transition services

needed to assist the student in reaching

those goals. (See Chapter 10, Transition.)

Extended School Year Services

In order to ensure that all students with a

disability learn and make progress in the

general education curriculum and functional

activities, it is important that they are able to

maintain what they have learned. The IEP

team should look at any number of factors

(such as the severity/intensity of the

disability, health factors, and behavior) to

determine what progress the child might lose

over a school break, during or between

school years, such as holidays or summer

break. The IEP team may require services to

be provided during these times.

“Extended school year services” means

special education and related services that

are provided to a student with a disability

under the following conditions:

(1) beyond the school term provided to

nondisabled children;

(2) in accordance with the child’s IEP; and

(3) at no cost to the parents of the child.

The school cannot limit extended school year

services to certain categories of disabilities or

limit the type, amount, or length of time of the

services that the IEP team decides is what

the student needs. (See Special Education

Process Handbook, Chapter 5, Special

Education and Related Services.)

Services for Students Placed by Their

Parents in Private Schools

The local school district is required to carry

out child find activities to locate (screen) and

identify (evaluate) students attending the

private schools in their district. Kansas law

requires that students in private schools

receive a free appropriate public education

(FAPE) if the parent requests all of the

services identified by the IEP team as

needed by the student. Parents of students

in private schools have a choice to access all

or part of the services identified.

The local school district first uses the

required amount of federal funds to provide

IEP services to the students attending private

schools in their district. When those funds

have been used, a student may continue to

be served by the district where the student

lives.

44

---

45

Services can be provided at the private

school or students may be transported to the

public school or community setting to receive

services. How and where services are

provided are determined by the school in

consultation with representatives of the

private schools and representatives of

parents of students with disabilities in private

schools. (See Special Education Process

Handbook, Chapter 15, Children in Private

Schools.)

Timelines for Implementing Services

In most cases, services on the IEP should be

in place within 60 school days from the date

the school received written consent from the

parent to do an evaluation.

Special education services for each student

will look different because not every student

needs the same thing. The IEP will include

how much time will be given to each service.

The amount of time must be:

1. appropriate to the specific service and

needs of the student; and

2. stated in the IEP so that it is clear to all

IEP team members including parents,

service providers and administrators.

Conclusion

One of the purposes of the law is to ensure

that all children with exceptionalities have

available to them a free appropriate public

education that emphasizes special education

and related services designed to meet their

unique needs and prepare them for further

education, employment, and independent

living. The IEP team must carefully consider

what services are necessary for a student so

that s/he can learn and progress in reaching

their goals. If a student is not making

meaningful progress it is possible to change

the student’s program any time. School staff

or a parent may call for the IEP team to meet

again to review and, if necessary, revise the

IEP so that the needs of the student are

addressed appropriately.

RESOURCES

Special Education Process Handbook

,

Kansas State Department of Education,

Student Support Services. (Rev. 2001),

http://www.kansped.org/ksde/ph01/process01.html

.

OSEP Memorandum on Parentally Placed

Private School Students,

http://www.kansped.org/ksde/laws/osepprivschls.pdf

---

46

---

CHAPTER 8

Least Restrictive

Environment

Introductio

hen deciding where the services on

the IEP should be delivered, the IEP

team will always start by thinking

about how the student’s goals can be met in

the general education classroom. What

special education services, related services,

or supplementary aids and services will it

take for that to happen? Some examples

might include some modification to the

classroom environment for the student or

specialized training for the teacher; an

assistive technology evaluation may indicate

the need for an assistive technology device;

or maybe the student can be successful in

controlling his behavior with some instruction

in a small group.

n

Only when there is evidence that, even with

the use of supplemental aids and services,

education in a regular classroom will not be

successful, would the team consider taking

the student out of the general education

classroom. The expectation is to continue

work in the general education curriculum and

to have high expectations for students, so

that they can be successful. If there is proof

that a more restrictive environment is

needed, the placement may be changed.

However, there should always be a plan to

move back to the more inclusive, less

restrictive setting.

The least restrictive environment (LRE)

requirement does not apply to students that

are identified as gifted.

What is the Least Restrictive

Environment?

The least restrictive environment (LRE)

means, that to the maximum extent

appropriate, students with disabilities,

including students in public or private

institutions or other care facilities, are

educated with students who are not

disabled. Also, students with disabilities

are to be removed from the general

education environment only

when the

nature or severity of the needs of the

student is such that education in a general

education classroom with the use of

supplementary aids and services cannot

be achieved satisfactorily.

When developing the IEP, the IEP team

must include a statement of the program

modifications and supports that will be

provided for school personnel and for the

student so that the student can:

•

advance appropriately toward attaining

the annual goals;

•

be involved and progress in the general

curriculum;

•

participate in extracurricular and other

nonacademic activities; and

•

be educated and participate with other

students with disabilities and students

without disabilities.

The IEP must also include an explanation

of how much time, if any, the student will

not

participate with students without

disabilities in the general education class

and in extracurricular and other

nonacademic activities.

The IEP team, which includes the parents

and other people who know about the

student, the meaning of the evaluation data,

and the placement options will make the

decisions about where the student will

receive services. Schools are to be sure that

parents participate in all decisions concerning

the educational placement of their student.

Considerations for Educational

Placement

The team that is making the decisions about

where the student will receive the services

identified on the IEP must consider several

47

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---

requirements in the law. The educational

placement for each student is to:

•

be determined at least annually;

•

be based on the student’s IEP;

•

be as close as possible to the student’s

home; and

•

consider any potential harmful effect on

the student or on the quality of services

needed.

Unless the IEP team determines some other

placement, services are to:

•

be provided in the school that the student

would normally attend;

•

be provided in the general education

classroom;

•

include supplementary aids and services

to support the student in the general

education classroom;

•

be provided, as necessary, during

nonacademic and extracurricular

activities, including meals, recess, and

other school activities;

•

be provided with nondisabled students to

the maximum extent appropriate.

The Continuum of Placements

All decisions about a student’s placement are

to be made by looking at the individual needs

of that student and how the services on the

IEP can be provided, to the extent

appropriate, in the student’s general

education class with other students who are

not disabled.

Each student’s needs may require different

settings where services are to be provided.

The school is to make sure that whatever

placement setting is necessary, is made

available for the student. This may include

settings such as: special education

instruction in the general education

classroom, instruction in separate classes,

special schools, home instruction, and

instruction in hospitals and institutions. The

school must provide for supplementary

services such as a resource room or itinerant

instruction to be provided along with the

general education classroom.

If it is appropriate for a student to receive

services in a separate facility, the facility

must be:

•

comparable to those for students without

disabilities; and

•

appropriate to the age of the student and

the instructional program being provided.

LRE for Preschool

Many school districts do not operate general

education preschool programs for children

without disabilities. Therefore, the law allows

schools to use a variety of options to meet

the LRE requirements for preschool age

children. These may be community-based

preschool programs such as a Head Start

program or a child care center where the

child may already be attending. For districts

that operate a 4-year-old at-risk program or

other preschool program, children with

disabilities could be included in these

programs. Again, this decision is made by

the team and is based on the child’s

individual needs.

LRE for Secondary Transition

When a student reaches age 14, the IEP

must begin to address the needs of the

student related to employment, training,

education and independent living skills. In

some cases the team may decide that the

most appropriate setting for the services to

be provided would be in the community

where the student can learn on-the-job skills.

The supplementary supports might be a job

coach to accompany the student in the

community setting. In such cases, the

community setting would be considered the

least restrictive environment for the student.

Private School Placement

48

If the team, including the parent, decides that

the most appropriate placement for a student

is in a private school, the school continues to be

responsible for making sure that the student

receives the special education and related

services included in the student’s IEP and that

those services are provided at no cost to the

parents.

---

The district is to make sure that the education

provided meets the standards that apply to

other students with disabilities and that the

student and parents continue to have all the

same rights that other students with disabilities

and their parents have.

The IEP team, with all of the appropriate

members including the parent, and someone

from the private school will all be part of each

IEP meeting. They may be part of the meeting

through a conference call or other ways.

Enrolled in Private School by the

Parent

Districts are to consult with representatives of

parents of students with disabilities enrolled in

private schools and representatives of the

private schools in their district to make

decisions about how and where students with

disabilities enrolled in private schools will

receive services. Services can be provided at

the private school or students may be

transported to the public school or community

setting to receive services. Students in private

schools are to receive special education

services in the least restrictive environment to

the extent appropriate.

Conclusion

Years of research on the application of the

LRE principle have contributed to our

knowledge of how to include students with

disabilities more successfully in general

education settings at all age levels. This

research has guided what teachers and

administrators need to know about curricular

modifications and other accommodations,

outcomes associated with including students

with disabilities, their social acceptance by

schoolmates, and support systems to

strengthen inclusive practices.

In their Policy Statement on LRE, the Federal

Office of Special Education Programs has

identified practices for schools in carrying out

the LRE principal.

Program options in general education

environments are available at local

neighborhood schools.

1. Special education programs, as much as

possible, and appropriate to student

needs, are in the district’s schools and

located throughout the district.

2. The physical location of the student

encourages social interaction with students

without disabilities.

3. Students with disabilities have equal

access to all general education activities,

programs, and facilities at school and

participate in those activities as

appropriate to their needs.

4. Administrative policies and procedures

encourage close cooperation of all school

personnel so there is social interaction

between students with disabilities and

students without disabilities.

5. Administrative policies and procedures

allow students with disabilities as much

access as possible to appropriate general

education academic programs. School

personnel are given the necessary support

to be sure the student can succeed.

6. Long-range plans and commitments for

children with disabilities to be in the

district’s schools are made to avoid

changing where programs or services are

offered.

49

7. Through long-range commitments to be in

the district’s schools, students with

disabilities have a chance to develop and

maintain continuing relationships with

students without disabilities.

---

QUESTIONS AND ANSWERS

ABOUT LRE

1. What if the student can not benefit

academically from instruction in the

general education class?

The fact that a student with disabilities

will learn differently from his or her peers

within the general education classroom

does not justify exclusion from that

environment. The team is to consider

whether the student’s IEP goals and

objectives could be met in the classroom

by changing the curriculum, or by

providing supplementary aids and

services. Students with disabilities may

require and be entitled to substantial

curriculum changes to be sure they

benefit from being in the general

education class.

2. What are supplementary aids and

services that would help the student in

the general education classroom?

The IEP team should consider a range of

supplementary aids and services in light

of the student’s abilities and needs. The

determination of what supplementary

aids and services are needed must be

made on an individual basis. Some aids

and services which have been

successfully used include, but are not

limited to:

ƒ

modifications to the regular class

curriculum,

ƒ

assistance of an itinerant special

education teacher,

ƒ

special education training for the

regular teacher,

ƒ

use of computer-assisted devices,

ƒ

provision of note takers, and

ƒ

the use of a resource room.

Any supplemental aids and services must

be listed on the student’s IEP.

3. If the student is not in a general

education classroom, does the district

have any other LRE responsibilities?

Even if the student is not in a general

education classroom, the school district

must still find ways for the student to be

with students without disabilities as much

as is appropriate to the student’s needs.

Where a placement other than a general

education classroom is recommended by

the team, the notice form and request for

parent consent must list other placement

ideas that were considered and the

reasons why they were rejected. Also,

the IEP team must write in the IEP the

reasons for this more restrictive

placement — the evidence of previous

experiences, for example, even with a

series of supports, supplementary aids,

and special education services in the

general education classroom. The

student’s placement is to be reviewed

annually for possible placement in a less

restrictive environment.

4. Is there anything that the district may

not

consider in deciding LRE?

The district may not make placement

decisions based only

on such things as

the category of the student’s disability,

severity of the disability, the choices

available for placement, the availability of

educational or related services, space

available, or administrative convenience.

5. If the student is not included in the

general education classroom, can

she/he be in other school programs?

Yes. The law is clear that students with

disabilities have the right to an equal

opportunity to participate in nonacademic

and extracurricular services and

activities. Therefore, school districts

must provide these activities in a way that

gives students with disabilities an equal

opportunity to participate. Such services

and activities include:

ƒ

lunch,

ƒ

recess,

ƒ

counseling services,

ƒ

athletics,

ƒ

transportation,

ƒ

health services,

ƒ

recreational activities,

ƒ

special interest groups or clubs, and

50

ƒ

employment opportunities.

---

51

6. Can the nature or severity of a

student’s disability be used to justify a

segregated educational setting?

The law says that sometimes the nature

or severity of a student’s exceptionality

may justify removing the student from the

general education class, particularly

when the student is disruptive to the

other students in the classroom.

However, total removal may not be

needed. The school district should still

provide time for the student to be with

students without disabilities in

extracurricular or nonacademic settings

when appropriate.

7. Should the general education staff

cooperate in providing students with

opportunities for being included?

The IEP team lists the supplementary

aids and services needed to be sure a

student can participate in the general

education classroom. Some examples

are:

ƒ

special seating arrangements,

ƒ

curriculum changes,

ƒ

paraeducators to support the student,

ƒ

adaptive equipment, and

ƒ

accommodations on tests based on

the student’s individual needs.

These ideas can be used in any class,

including classes like physical education,

art, music, and vocational education. The

IEP is binding for the school district. That

means it applies to both special and

general education teachers.

The IEP team must include at least one

of the student’s general education

teachers, if the student is or may be

participating in general education classes.

The general education teacher must, as

much as appropriate, help write the IEP.

This would mean helping to decide appro-

priate positive behavior interventions and

strategies, supplementary aids and

services, program modifications, and

support for school staff in providing the

supplementary aids and services and

program modifications.

The general education teacher must also

help review and revise the IEP. The IEP

team should also have a school person

who knows about the general curriculum

and what resources are available in the

district.

8. What if the school district has a policy

that related services are available only

at a separate location?

The location where the services will be

provided will be decided by the IEP team

individually for each student.

Consideration of any harmful effects of

moving or removing a student to a

separate location must be made in

deciding if the location is appropriate for

the student. The location of the services

must meet the student’s needs and

enable him/her to make progress in the

general education curriculum.

9. Does LRE apply to preschool?

Yes, LRE requirements apply to children

receiving early childhood special education

services. A few schools in Kansas offer

preschool for 3- and 4-year-old children

without disabilities, but most do not. The

team should consider where the child

would be if she/he did not have a disability.

Some settings for LRE for preschool are:

ƒ

Head Start,

ƒ

community preschool,

ƒ

child care,

ƒ

home, and

ƒ

play groups,.

RESOURCES

Special Education Process Handbook

,

Kansas State Department of Education,

Student Support Services. (Rev. 2001),

http://www.kansped.org/ksde/ph01/process0

1.html .

---

52

---

CHAPTER 9

Early Childhood Special

Education

Introd

he education community has long

recognized the importance of early

identification and early intervention for

young children with special needs. The IDEA

required services be provided to young

children beginning at birth through age 5, in the

1986 reauthorization of the law. Kansas State

Department of Education (KSDE) has

mandated early childhood special education

services (ECSE) through the public schools for

children beginning at age 3. The Kansas

Department of Health and Environment

(KDHE) provides early intervention services to

children beginning at birth through age 2,

through the Part C Infant-Toddler Services

program (see

uction

http://www.kdheks.gov/its/

).

The public preschool programs work closely

with the Infant-Toddler programs to ensure a

smooth transition for young children and their

families between service delivery systems.

Early Childhood Screenings

The law requires that all schools locate, identify

and provide service to children with a disability

or developmental delay beginning at age 3.

Schools are to make public announcements of

screening availability for children for whom

there may be a concern. Young children’s

needs should be identified as soon as possible

so that early intervention may be provided.

Early childhood screenings are conducted as

Child Find for children from birth to age 5.

Screenings may include observations,

instruments, measures, and techniques that

indicate potential developmental delays in the

areas of communication, cognitive

development, social-emotional development,

self help/adaptive behavior, and/or physical

development.

In Kansas, early childhood screenings are

often provided for children from birth to 5

through collaboration with providers in the Part

C Infant-Toddler Services program, Medicaid,

Head Start, Parents as Teachers, and other

early childhood providers. If a child has been

screened by one agency the results are made

available to school personnel, and it is not

necessary for the school staff to screen a child

again. No child should have to wait more than

30 calendar days for a screening. Additionally,

children who have participated in the Part C

Infant and Toddler program are not required to

participate in the screening process prior to

conducting an initial evaluation.

Referral for Initial Evaluation

Preschool-aged children may be referred to

the school for an initial evaluation when:

1. screening indicates a concern in one or

more of the developmental areas;

2. the Part C Infant-Toddler program

believes the child continues to need

special education services; or

3. parents have a concern about their child’s

development.

If parents have a concern about their child’s

development, they should contact the school

or district office, or talk to the child’s teacher

and request their child be screened or

referred for an initial evaluation.

Preschool Special Education Services

for Children Ages 3-5

The Individuals with Disabilities Education

Act (IDEA) includes services for children with

disabilities from 3 through 5 years of age. In

Kansas, children ages 3 through 5 (and may

include 2-year-olds who will be turning 3 during

the school year) must first be evaluated. After

the evaluation, the team members review the

information about how the child is developing

in the following areas:

•

cognitive development

(e.g., thinking and

learning);

•

adaptive development

(e.g., dressing,

eating, toileting);

53

T

---

•

communication (e.g., hearing, speaking,

language skills);

•

motor development

(e.g., physical

development, large and small muscle

development);

•

social-emotional development

(e.g.

relating with adults and other children).

The child is eligible for early childhood special

education (ECSE) services if team members

agree the evaluation information indicates the

child meets one of the disability categories or

has a significant delay in one or more areas of

development and needs special education and

related services in order to learn and be part of

the general education classroom. Children

ages 3 and 4 cannot be identified as eligible in

the category of gifted.

Placement

The special education services for preschool

children should be provided in settings where

the child would naturally be during the day

and where she/he can learn and make

progress.

Services for young children are to be

provided in the “least restrictive

environment,” which means that young

children should be with other children of the

same age who do not have special needs, as

much as possible. This could be in the home

or in the preschool program the child is

already attending, a school-based program,

Head Start, child care, community or church

preschool, mother’s-day-out program, or play

group. In coming together, the team talks

about the individual child’s needs and the

type of services and setting(s) that best fits

those needs.

Schools should work with their community

programs, agencies, and providers to meet

the needs of preschool children in their

district. They should make agreements with

child care centers, school and community

preschool programs, Head Start, and other

services in the community. In doing so,

schools will be ready to work with different

programs to serve the child in the place that

best meets the child’s needs.

Role of Parents

Parents are to be involved in making all the

decisions for their child. They must give

permission to send information about their

child from the Part C Infant-Toddler Services

and other programs or providers to the

school district and to share records with the

school. Parents must give written consent to

have their child evaluated. When the

eligibility meeting is held, parents are to be

invited. If the child is found to be eligible for

services, parents are a part of the team that

writes the plan for special education services.

And finally, parents are a part of the

placement team, and must give their consent

for the placement of their child at age 3, or

whenever the child is determined to be

eligible.

Parents play an important role as “teachers”

of their children; therefore it is important that

when an IFSP or IEP is written, the concerns

of the parent are considered. (See IEP

Planning Tool, Table 6-1, Chapter 6,

Individualized Educational Program.)

Transition at Age 3

When children are receiving services from a

Part C Infant-Toddler program, parents and

staff from the Part C Infant-Toddler program

meet with staff from the preschool program to

develop a transition plan. The transition plan

should make it clear what will happen, who is

responsible, and when services will stop in

one program and start in the other program.

The plan will include activities that will

happen until the child turns 3 years old and

when preschool services will begin. The

activities will include:

•

obtaining parental consent for sharing

information between programs;

54

•

providing prior written notice and

obtaining written parental consent to

conduct an initial evaluation from the

school;

---

55

•

provide parents with a copy of their

Parents Rights for the preschool

program;

•

conducting an initial evaluation to see if

the child is eligible for ECSE services;

and

•

other activities to help make the move

from one program to the other as smooth

as possible for the child.

The preschool staff will do an initial evaluation

to see if the child is eligible for ECSE services.

Parents must be provided with prior written

notice and be asked to give consent for the

initial evaluation. If the child is eligible for

special education services, the team will write a

plan for the child. This plan must be in place by

the child’s 3rd birthday. The team may use an

Individualized Family Service Plan (IFSP) as

they did in Infant-Toddler Services or an

Individualized Education Program (IEP) like

school-aged children have. The parents must

also consent to the initial services for their child

and for the placement (where the services will

take place).

The school must invite staff from the Part C

Infant-Toddler program to attend the initial IEP

meeting if the parents ask the school to invite

them.

Table 9-1 shows the differences between the

Part C Infant-Toddler Program and the Part B

Early Childhood Special Education Program.

IFSP or IEP

An IFSP may be used for a preschool age

child if the school and the parents agree. If

the school and the parent want to use an

IFSP, the parents must be informed of the

differences between an IFSP and an IEP, and

the parent must give consent for an IFSP to be

used.

Kindergarten Transition

Children are eligible for kindergarten when they

are 5 years of age by August 31. The

kindergarten classroom is usually the best

placement for the child so that they can be with

his/her same age peers. The year before the

child’s 5th birthday, the IEP/IFSP team will

want to meet to discuss how the child is

developing and how she/he can be part of the

kindergarten classroom. The kindergarten

teacher should be invited to these meetings so

that she/he can get to know the child and be

ready for the child to attend in the fall.

General Education Teacher at the IEP

Meeting

The role of the general education teacher is to

assist in determining appropriate positive

behavioral interventions and supports, and

other strategies; and the determination of

supplementary aids and services, program

modifications, and support for school

personnel.

If the child is, or may be, attending a school-

based preschool program, such as a 4-year-

old at-risk program, the school will invite the

preschool teacher. The teacher is required to

attend the IEP meeting unless the parent

provides written consent to excuse the teacher

from the IEP meeting.

If the preschool age child is attending and/or

receiving special education services in a

general education community-based

preschool program, the school will invite the

teacher of the community-based preschool

program to attend the IEP meeting. The

school should try several different ways to

encourage attendance of the preschool

teacher. The school can hold the IEP meeting

without the community-based preschool

teacher, but should be able to show that they

tried to reach the teacher but she/he did not

attend. (See

Regular Education Preschool

Teacher at the IEP Meeting

, KSDE, 2004,

http://www.kansped.org/ksde/cim/reptmtg.do

c )

---

Table 9-1

Differences between Infant-Toddler Services and

Early Childhood Special Education

Area

IDEA Part C

Infant-Toddler

IDEA Part B

Early Childhood

Special Education

Age range

0-2

3-5

Written Plan

IFSP

IFSP or IEP

Focus

Family

Child

Expectations

Major outcomes

Measurable annual goals

Services

Early intervention

Special education and

related services

Setting

Natural environment

Least restrictive environment

Eligibility

Developmentally delayed

Developmentally delayed or

disability category

Agency Responsible

Health & Environment

56

Department of Education

---

Chapter 10

Transition:

Planning for Your

Child's Future

Introd

inform

uction

his chapter is primarily for middle

school and high school students and

their parents. It provides important

ation about the transition services that

must be a part of IEPs for all students with

exceptionalities who are age 14 or older.

Kansas continues to require transition services

to be included in the student’s IEP beginning

at the age of 14, even though the federal law

does not require transition planning until age

16. Transition planning is crucial to students'

success after high school. Because students

with exceptionalities often experience limited

success after leaving high school, many new

IDEA 2004 provisions seek to improve

transition planning so that students with

exceptionalities can be more successful in

their adult lives.

Sometimes parents fail to take an active role in

their student’s transition planning. This may be

due to lack of information available to parents or

misunderstanding of their role in this process.

Parents can take an active role by working with

the school to plan the supports and services

that will lead to success. Parents can also help

their children to define goals and aspirations

for life after high school. Both parents and

students need to make sure that transition

planning starts early enough for adequate

preparation, which should begin by age 14 or

earlier.

Transition Services

Transition services are a coordinated set of

activities that:

•

Improves the academic and functional

skills of the student in order to ease the

student's movement from school to post-

school activities such as postsecondary

education, vocational education,

integrated employment (including

supported employment), continuing and

adult education, adult services,

independent living or community

participation

•

Is based on the individual student's

needs, taking into account his or her

strengths, preferences and interests

•

Includes instruction, related services,

community experiences, the development

of employment and other post-school

adult living objectives and, when

appropriate, the acquisition of daily living

skills. Transition services often include a

functional vocational evaluation.

Who should be involved?

Schools are responsible for bringing in

representatives from other agencies, such as

vocational rehabilitation agency or post-school

education, to be part of the planning for

transition services. The school is to obtain

parent consent prior to inviting any other

agency to the IEP meeting. The IEP meeting

notice must indicate the individuals from other

agencies who have been invited to attend the

student’s IEP meeting. These agencies may

also be responsible for the delivery of some of

the needed transition services. To ensure that

transition services are provided, the school

must find alternative ways to meet the transition

objectives for the student if these agencies do

not provide the services for which they are

responsible.

In Kansas, the Social and Rehabilitation

Services (SRS) provides direct and indirect

services to youth with disabilities as they

transition from school to work, in order to

maximize their employability. They offer a

set of services to individuals with disabilities

designed to enable participants to attain

skills, resources, attitudes, and expectations

needed to compete in the interview process,

get a job, and keep a job.

In addition to other agency representatives, the

student should be included in the IEP meeting

57

T

---

58

when planning for transition services begins. If

the student cannot or does not attend the

meeting, the school district shall take other

steps to ensure that his or her preferences and

interests are considered in the planning of

transition services.

The student can be part of the IEP team long

before transition planning begins. The parents

and school should work together to determine

the best time to begin including the student as

part of the team. As full and equal partners in

the IEP team, parents should advocate for

transition planning for their child at an early age

and ensure that services in the IEP directly

support post-secondary goals.

Transition Planning Requirements

The IEP team must develop appropriate,

measurable postsecondary goals based upon

age-appropriate transition assessments

related to training, education, employment,

and, where appropriate, independent living

skills. There are age-appropriate transition

assessments such as personal interest

inventories that could be given to the student

to help identify his or her individual special

talents and interests. The student is to be

assessed to help see what the student’s

strengths, interests and abilities are and to

help in deciding what might be appropriate

goals. Assessment can be formal

(standardized) or informal (e.g., observations

and interviews). The assessment may include

these areas:

•

educational options

•

employment opportunities

•

independent living skills

•

community participation

•

recreation and leisure

•

social relationships

In developing the student’s goals for after

high school, the IEP team, including the

student, must determine what instruction and

educational experiences will help prepare

him or her for a successful transition to life

after high school. At age 14, if not before, the

IEP must include measurable goals for what

the student wants to do after high school. The

student’s course of study (classes) should

assist the student in reaching his/her post-

school goal and be based on his/her strengths,

interests and preferences (for example,

taking advanced placement courses or

vocational education courses such as,

welding, auto mechanics or early childhood

development).

Then, at age 16, in addition to the measurable

goals for after high school and the courses of

study, the IEP team must develop a statement

of the transition services needed to assist the

student in reaching those goals.

Special education services are to be

provided to eligible students until they either

graduate with a regular diploma or through

the school year in which the student turns 21.

The IEP team decides when it is appropriate

for a student to exit special education.

The statement of transition services should

relate directly to the student’s post-school

goals, and should:

•

define every activity that must occur;

•

identify who has primary responsibility for

each activity;

•

specify the dates and order that each

activity will begin and end, and where it

will take place;

•

motivate the student to complete his or

her education and minimize the risk of

dropping out prior to graduation.

---

Transitions Considerations

Checklist

Use this checklist to determine if your child's

transition planning includes all of the

components needed.

Transition Planning for students age

14 and older

•

Have your child's strengths and interests

been adequately identified?

•

Can your child's strengths and interests

generate ideas for realistic goals or

directions for the future?

•

Can your child expect to graduate with a

regular high school diploma?

•

What would your child need to learn or

be able to do in order to meet his or her

goals? (If a student’s goal is to attend a

program to become an auto mechanic

and an assessment of the student

indicates that s/he may need more math

skills in order to be successful in that

training program, the student’s IEP

should address the student’s need to

complete additional math courses.)

•

Does your child's courses of study

contribute to meeting these goals?

•

Is self-advocacy training included in your

child's program?

•

If needed, are functional skills (e.g.,

working with or managing money,

shopping, using public transportation,

and knowing how to be safe at home and

in the community) included in your child's

program?

Transition Planning for students age

16 and older

All of the above questions are still relevant

and additional ones need to be addressed:

•

Can your child explain the specific nature

of his or her disability? Does your child

know when it is appropriate to disclose

and discuss this disability and explain the

accommodations it requires?

•

Does your child know his or her legal

rights?

•

Have you and your child established

working relationships with professionals

from community service agencies who

will be providing services after your child

leaves high school?

•

Are there natural supports available in

your community (friends, clubs, religious

organizations, etc.) to meet your child's

needs and interests?

•

If your child has been using assistive

technology or software, what

arrangements have been made to ensure

that these will be available to him or her

after high school?

•

If your child has reached your state's age

of majority, has he or she received a

notice of the rights that transfer?

Coming of Age

Another important aspect of transition

planning is the requirement to notify the

student one year before he or she reaches

the "age of majority" under state law (18

years of age in Kansas). At that time, the IEP

must include a statement that the student

has been informed of his or her rights under

the law that will transfer from the parent to

the student upon reaching that age.

This is an important event in the life of a

student. Under state laws, when the student

reaches the age of majority, he or she is

presumed to be capable of making his or her

own decisions – including educational

decisions. That does not mean that the

parent cannot continue to be involved in the

student’s education. It just means that, by

law, schools must respect the educational

decisions of every adult student, unless that

person has been determined to be incapable

of making decisions.

The rights that will transfer from the parent to

the student upon reaching the age of

majority include:

•

notification of meetings;

59

•

notification and consent for evaluation;

---

•

consent for participants who attend IEP

meetings; and

•

consent for services in the IEP.

For those students who may be unable to

make important life decisions, schools

should provide parents with the information

necessary to begin guardianship

proceedings with local district courts.

Prepare Students to Understand Their

Rights

•

Students should understand their

disability and be able to advocate for

themselves.

•

Students should understand why they

receive special education services.

•

Students should receive written and/or

oral notification of meetings.

•

Students should be notified of changes in

placement with explanations of why

those changes occurred. This

notification should be in the

communication mode best suited for

each individual student.

•

Students should participate and assist in

the IEP meetings.

•

Students should receive explanations of

the type and purpose of all evaluations.

•

Students should be given the opportunity

to review their educational records.

•

Students should participate in self-

advocacy and self-determination training.

Next steps

When a student graduates with a regular

diploma or reaches the maximum age for

receiving special education services during

the school year in which the student reaches

age 21, the school district is not required to

perform a reevaluation. Instead, the school

district must provide a summary of the

student's academic and functional

performance.

The summary of performance must include

recommendations for helping the student

meet his or her goals after high school. The

summary of performance is a description of

the student’s academic achievement and

functional performance that includes

recommendations to assist him or her in

meeting post-school goals. The summary

should include the information and

documentation of the student’s abilities and

disabilities that will be necessary to access

supports and services in post-school

activities, such as higher education. It should

provide specific, meaningful and

understandable information to the student,

the family, and any agency, including

postsecondary schools that may provide

services to the student after high school.

The student and family may want to check

with the Disability Services Office at

postsecondary schools and with community

services agencies to identify any specific

information or documentation needed to

qualify for support services.

While schools are not required to conduct

any new tests or evaluations in order to

provide the summary of performance, the

parent and student should work with the

school so that the information provided will

assist the student in meeting the disability

documentation required to qualify as a

person with a disability under other federal

laws such as the Americans with Disabilities

Act http://www.usdoj.gov/crt/ada/pubs/ada.txt

and

Section 504 of the Rehabilitation Act of 1973

http://www.kansped.org/ksde/laws/504.doc .

The IEP team should discuss what needs to

be included in the student’s summary of

performance prior to termination of special

education services. It is important to ensure

that the information provided in the summary

will assist the student’s in meeting his or her

post-school goals. The parent and student

may request any needed information that is

not provided.

60

---

61

Summary of Performance Checklist

Does the student’s summary of performance

include accurate and understandable

descriptions of:

•

academic achievement;

•

functional performance, including

independent living abilities;

•

recommendations that will realistically

help the student to meet postsecondary

education, training, employment and

independent living goals?

RESOURCES

Adapted from National Center for Learning

Disabilities, IDEA Parent Guide and IDEA

Toolkit;

http://www.ncld.org/content/view/900/456084/

http://www.ncld.org/content/view/915/456098/

Student Support Services, KSDE, Transition

information

http://www.kansped.org/ksde/resources/trans/trans

res.html

The Commission finds students with

disabilities are significantly unemployed

and underemployed upon leaving

school compared to their peers who do

not have disabilities.

Source: A New Era: Revitalizing Special

Education for Children and their

Families, July 2002

---

Table 10-1

Kansas Transition Model

Secondary Ed Systems

SPED & Services with Secondary Ed

Transition – Specific Outcomes

62

From: M. E. Morningstar & G. M. Clark (2003)

Student Support Service

---

CHAPTER 11

•

"Person acting as parent" means a

person such as a grandparent, a

stepparent or other relative with whom

the child lives or a person other than a

parent who is legally responsible for the

welfare of a child.

Parent and Student

Rights

•

"Education advocate" means a person

appointed by the state board in

accordance with the provisions of KSA

38-1513a, and amendments thereto. A

person appointed as an education

advocate for a child shall not be: (1) An

employee of the agency which is required

by law to provide special education or

related services for the child; (2) an

employee of the state board, the

department, or any agency which is

directly involved in providing educational

services for the child; or, (3) Any person

having a professional or personal interest

which would conflict with the interests of

the child.

Introd

arents and students have many rights

under the special education law. It is

important that parents and students

understand their rights and it is the

responsibility of the school to provide parents

with notice of their rights in understandable

language. Parents also have a responsibility

to participate in the education of their student

through the participation in meetings about

their student and by providing consent to allow

the school to provide the support and services

that the parents and school agree are

necessary for the student to be successful.

uction

Parent Participation

Definition of Parent

Parents are to be included as members of

any decision making team for their student,

including decisions about eligibility, initial

evaluation and reevaluation, development of

an individualized education program (IEP) for

the provision of a free appropriate public

education (FAPE), and educational

placement. This requirement does not

include informal or unscheduled meetings

involving school personnel and meetings on

issues such as teaching methods, lesson

plans, or coordination of service provision if

those issues are not addressed in the

student’s IEP. A meeting also does not

include the preparation of a proposal or

response to a parent proposal that will be

discussed at a later meeting.

School personnel must determine the

appropriate person(s) to make educational

decisions on behalf of the student. Those

individuals are to receive notice, give

consent, file formal complaints, request

mediation, file due process, give or refuse to

give permission for release of records, and

all other requirements. A resource (foster)

parent does not have authority to make

educational decisions for a foster child in

their care unless they have received training

and have been appointed the education

advocate for the foster child. The State

definitions of "parent," "person acting as a

parent," and "education advocate," are as

follows:

•

"Parent" means a natural parent, an

adoptive parent, a person acting as a

parent, a legal guardian, an education

advocate, or a foster parent, if the foster

parent has been trained and appointed the

education advocate of an exceptional

child.

If neither parent can be present in a meeting

about educational decisions for their student,

the school must use other methods to ensure

their participation. These methods could

include individual or conference telephone

calls, or video conferencing. If the school

cannot reach the parent, or if the school

63

P

---

cannot convince the parents that they should

come to the meeting, the meeting can be held

without the parent, but the school must

document at least two attempts by two

methods to reach the parent.

Compulsory attendance for a child with a

disability may begin as early as age 3.

Parents are to see that their student with a

disability is provided the special education and

related services on the IEP, either in the public

school or privately.

The involvement of parents in all decisions

about their student will help result in services

that are individualized to meet the unique

needs of students and in the development of a

closer, more collaborative relationship with

schools. The contributions that parents make

to the process are important because they

help ensure the educational success of the

student.

Parent Rights Document

The Parent Rights in Special Education

(Parent Rights) notice provides the foundation

for ensuring that the student with an

exceptionality has access to a free appropriate

public education. The Parent Rights notice

provides the parents with the opportunity to

understand their rights, the rights of their child

and the procedures for resolving differences.

Hopefully, this document will also help to

facilitate communication between parents and

school personnel.

The Parent Rights notice outlines all of the

rights and safeguards available to parents of

students with exceptionalities and students who

are their own decision maker. A copy of the

Parent Rights must be given to the parents at

least one time per year. Additionally, a copy of

the Parent Rights notification must also be

given upon:

•

initial referral or parental request for

evaluation;

•

receipt of the first request for a due process

hearing;

•

a disciplinary removal of a student from

school that would constitute a change of

placement; and

•

parental request.

The Parent Rights notice must be written in

language understandable to the general public

and provided in the native language of the

parent or other mode of communication used

by the parent (such as Braille or sign-

language), unless it is clearly not feasible to do

so. If necessary, the school will translate the

notice orally or by other means so that the

parent understands the content of the notice.

Parents may elect to receive required notices

by electronic mail (email), if the school makes

that option available.

Summary of Parent Rights

Parents of students who are, or may be,

exceptional, have certain rights or procedural

safeguards under federal and state laws.

These rights are listed in the statement of

Parent Rights in Special Education. This list of

parent rights is to be given to the parents in

their native language or in a communication

method they can understand. If parents would

like a more detailed explanation of these

rights, they can contact the principal at their

student's school, a school administrator, the

local special education director, the Kansas

State Department of Education (KSDE), 120

SE 10th Avenue, Topeka, KS 66612; phone

(800) 203-9462, Families Together, Inc. (785)

233-4777 or (800) 264-6343 or Keys for

Networking (785) 233-8732.

Copies of these

rights in Braille, audiotape, and other

languages are available from the school

upon request.

The following is a summary of the content of

the Parent Rights document. For more

details see

http://www.kansped.org/ksde/laws/prights/prights.html

Opportunity to Examine Records

As the parent of a child with an exceptionality, you

must be allowed an opportunity to inspect and

review all education records with respect to:

Identification

(process to determine eligibility);

64

Evaluation

(nature and scope of assessment

procedures);

---

Placement

(educational placement of your

child); and

FAPE

(the provision of a free appropriate public

education to your child).

Independent Educational Evaluation

You have the right to get an independent

educational evaluation of your student if you

disagree with the school’s evaluation. The

school must provide you, upon request for an

independent evaluation, information about

where an independent educational evaluation

may be obtained, and the criteria applicable for

independent educational evaluations.

Prior Notice by the School

Your school will inform you of actions being

proposed about your student by giving you

written notice before the school proposes or

refuses to initiate or change the:

ƒ

Identification (process to determine

eligibility);

ƒ

Evaluation (nature and scope of

assessment procedures);

ƒ

Educational Placement (educational

placement of your child including

graduation); or

ƒ

FAPE (the provision of a free appropriate

public education to your child

).

Parent Consent

The school is required to obtain informed

written consent for any action requested.

You must understand that consent is voluntary

and may be revoked at any time, also that

withdrawal of consent does not apply to any

action that has already taken place. Consent

is required for the following actions:

ƒ

Request for consent to conduct an initial

evaluation;

ƒ

Request for consent to conduct a

reevaluation;

ƒ

Request for consent for the initial

provision of services on the IEP;

ƒ

Request for consent to make a substantial

change in placement (more than 25 percent

of the child’s school day);

ƒ

Request for consent to make a material

change in services (25 percent or more of

any one service);

ƒ

Request for consent to add a new

service, or to delete a service completely

(100 percent).

Voluntary Mediation

Mediation is a way to discuss and resolve

disagreements between you and the school

with the help of a trained, impartial third person.

Impartial Due Process Hearing

Parents may request a due process hearing

regarding any matter related to the

identification, evaluation or placement of their

child or the provision of special education

and related services to their child.

Within 15 days of receiving notice of the

parent’s due process complaint, and prior to

the initiation of a due process hearing, the

school must convene a meeting with the

parents and IEP team members, with specific

knowledge, to discuss the facts of the due

process complaint, so that the school has an

opportunity to resolve the dispute.

Change of Placement for Disciplinary

Removals for Children with Disabilities

State and federal laws have special provisions

that control what happens if your child violates

a school rule or does something that caused,

or could easily have caused, an injury to

him/herself or someone else. These special

provisions say what action the school can take

and what your rights are as the child’s parent.

The possible actions by the school and your

rights in these matters are explained in the

document.

Placement of Children by Parents in

Private Schools When FAPE is at Issue

65

If I place my child in a private school, who is

responsible to pay for the costs? Except as

may be otherwise provided by state law, the

school is not required to pay for the cost of

education, including special education and

related services for your child at a private

---

school, if the school made a free appropriate

public education available to your child, but

you elected to place your child in a private

school.

State Complaint Procedures

Parents may file a formal complaint with the

Kansas State Department of Education

(KSDE).

A formal complaint investigation is a procedure

to determine whether the school is complying

with federal or state laws and/or regulations

regarding the provision of special education

and related services to children with exception-

alities. This investigation is conducted by the

KSDE.

Confidentiality and Access to

Educational Records

Schools must maintain the confidentiality of

information in your child's educational records.

The school can assume that both parents of a

child have authority to inspect/ review the

child's records unless the school has been

notified in writing that a parent's rights to see

the records have been terminated by a court

order.

Reimbursement for Services

If a public agency other than an educational

agency fails to provide or pay for the special

education and related services in your child's

IEP, the school district (or other state agency

responsible for developing the child's IEP) shall

provide or pay for these services to your child in

a timely manner. The school district or state

agency may then claim reimbursement for the

services from the non-educational public

agency that failed to provide or pay for these

services and that agency shall reimburse the

school district or state agency in accordance

with the terms of the interagency agreement or

other mechanism recognized for payment.

Parent Rights for Gifted

Kansas also mandates that students meeting the

requirements of giftedness to receive special

education services. The term "exceptional

students" includes students who are gifted and

students with disabilities. Accordingly, parents of

students with giftedness as their only

exceptionality (do not also have a disability) have

the same rights as parents of students with

disabilities, with the following exceptions:

ƒ

There are no rights for students who are

gifted under the discipline provisions;

ƒ

Preschool children under the age of 5 are

not eligible to receive gifted services;

ƒ

Students who are gifted and who are in the

custody of the Department of Corrections

are not entitled to a free appropriate public

education;

ƒ

Students who are gifted do not have the

same considerations for least restrictive

environment (LRE) as students with

disabilities, but the IEP team must make

decisions based on their individual needs;

ƒ

The alternate assessment or Kansas

Assessment of Modified Measures (KAMM)

would not be available to students who are

gifted;

ƒ

Extended school year services would not be

provided to students who are gifted; and

ƒ

Special education services are not

compulsory for students who are gifted.

At age 18, students become their own

educational decision makers, unless a court

decides they are not able to make these

decisions. On or before the student's 17th

birthday, the school is to inform the parents or

legal educational decision maker, and the

student, that at age 18, the student attains the

age of majority in Kansas and will become their

own educational decision makers. Schools may

also inform parents of other options. For

example, it may be that for some students, a

guardianship or a more limited form of transfer

of rights would be necessary. Therefore,

beginning at age 18, the school is to send all

notices to both the parent and the student, but

the student will provide informed written

consent for any action requested by the

school.

66

Before age 18, students may be involved in IEP

meetings, this occurs usually by age 14 or

before. Parents and others may decide if the

involvement of the student would be meaning-

ful or helpful. At age 18, the student or school

may invite the parents to the IEP meeting.

---

67

In disciplinary situations, students have the

right to tell their side of the story, and be given

the chance to explain what happened. School

staff and parents should help students

understand their rights under the law.

Confidentiality

Confidentiality is one of the rights afforded to

parents in the Parent Rights document

(procedural safeguards). Confidentiality of

educational records is a basic right shared by all

students in public schools and their parents.

These fundamental rights are described in the

Family Educational Rights and Privacy Act

(FERPA) of 1974, which applies to all

students, not only those with exceptionalities

http://www.kansped.org/ksde/laws/ferpa.html

.

All school personnel (including contracted

employees) are governed by confidentiality

requirements and should receive training and

information regarding the law. Written and

dated parental consent must be obtained

before personally identifiable information is

disclosed to unauthorized individuals,

organizations or agencies unless authorized to

do so under FERPA.

Personally identifiable information includes:

•

the name of the student, student's parents,

or other family member;

•

address;

•

personal identifier such as the student's social

security number or student number; or

•

list of personal characteristics or other

information that would make it possible to

identify the student.

•

FERPA allows parents to inspect and review

all education records of their student

maintained by an educational agency that

receives federal funds. This includes all public

schools and most private schools. The school

must comply with a request to inspect records

within a reasonable time, not to exceed 45

calendar days.

Medication for Students

Parents shall not be required by school

personnel to obtain a prescription for a

controlled substance as a condition of

attending school, receiving services or

receiving an evaluation to determine eligibility

for special education services.

RESOURCES

Student Support Services, Kansas State

Department of Education, 1-800-203-9462,

www.kansped.org

Families Together, Inc.,

Garden City – 1-888 820-6364

Kansas City – 1-913 384-6783

Topeka – 1-800 264-6343

Wichita – 1-888-815-6364

http://www.familiestogetherinc.org/

Keys for Networking, a parent organization

providing information, support, and training to

families whose children who have

educational, emotional, and/or behavioral

problems, 1-785-233-8732, www.keys.org

Disability Rights Center of Kansas (DRC), 1-

877-776-1541

Parent Rights in Special Education

,

http://www.kansped.org/ksde/laws/prights/prights.html

Kansas Special Education Process

Handbook,

(Rev. 2001)

http://www.kansped.org/ksde/ph01/process01.html

Family Educational Rights and Privacy Act

(FERPA),

http://www.kansped.org/ksde/laws/ferpa.html

Section 504 of Rehabilitation Act of 1973,

http://www.kansped.org/ksde/laws/504.pdf

Kansas Special Education for Exceptional

Children Act, 2006

http://www.kansped.org/ksde/laws/spedlaw.html

Kansas Special Education Regulations, 2001

http://www.kansped.org/ksde/laws/art40/art40.pdf

Consent for Release of Information (Foster Care

Issues),

http://www.kansped.org/ksde/laws/coinfo072203.pdf

---

68

---

CHAPTER 12

•

provide training for potential education

advocates;

•

receive referrals for students who need

an education advocate

Education Advocates

•

match an education advocate to the

student;

•

refer to KSDE to make an official

Introd

appointment of an education advocate;

partnersh

uction

arent involvement in the educational

process is especially important for

students with exceptionalities. A

ip between parents and the school is

necessary to continually plan and check on the

student’s individualized education program

(IEP). However, the law recognizes that not all

students have parents available. These

students need someone to represent them

when educational decisions are made. In

those cases, the Kansas State Department of

Education appoints an education advocate to

make decisions about all special education

actions and related activities. Education

advocates are trained volunteers.

•

provide support for education advocates;

and

•

maintain current information/data.

Who Needs an Education Advocate?

•

Exceptional students from age 3 through

18 (or through age 21) who are in SRS or

JJA custody; and

•

are receiving special education services or

need an evaluation to determine eligibility

for services; and

•

whose parents are unknown or

unavailable, whose parent rights have

been terminated, or whose parents have a

court order of “no contact” between them

and their child(ren).

Kansas has more than 850 students with

exceptionalities who need someone to

represent them in special education decisions.

In these situations:

Definition of Parent

School personnel must identify the appropriate

person(s) to make educational decisions on

behalf of the student. Those individuals have

the right to receive notice, give or revoke

consent, file formal complaints, request

mediation, file due process, give or deny

permission for release of records, and act on

behalf of the student. Resource (foster)

parents do not have authority to make

educational decisions for a foster child in their

care unless they have received training and

have been appointed as the education

advocate for the foster child. The state may

not act as the parent in the special education

process. The state definitions of "parent,"

"person acting as a parent," and "education

advocate," are as follows:

•

The parents are unknown.

•

The parents have a court order of no

contact between them and their

child(ren).

•

The court has terminated their parent

rights (meaning the parents no longer

have the right to make decisions for the

student).

•

The parent is unavailable.

The Kansas State Department of Education

(KSDE) and the Department of Social and

Rehabilitation Services (SRS) have developed

the Education Advocate program to meet this

need. State law gives authority to KSDE to

appoint someone to be an education advocate

for students who need one. KSDE contracts

with Families Together, Inc., the Kansas

Parent Training and Information Center to:

•

"Parent" means a natural parent, an

adoptive parent, a person acting as a

parent, a legal guardian, or an education

•

track students whereabouts and status;

advocate, or a foster parent, if the foster

69

P

---

parent has been appointed the education

advocate of an exceptional child.

•

"Person acting as parent" means a person

such as a grandparent or a stepparent with

whom the child lives or a person other than

a parent who is legally responsible for the

welfare of a child (not the state).

•

"Education advocate" means a person

appointed by the state board of education

in accordance with the provisions of KSA

38-1513a, and amendments thereto. A

person appointed as an education

advocate for a child shall not be: (1) An

employee of the agency which is required

by law to provide special education or

related services for the child; (2) an

employee of the state board, the depart-

ment, or any agency which is directly

involved in providing educational services

for the child; or, (3) any person having a

professional or personal interest which

would conflict with the interests of the

child.

Appointing an Education Advocate

An education advocate is appointed for any

student who has or may have an

exceptionality, when the court has terminated

the parents rights, or the legal guardian is

unknown or unavailable.

If the student’s legal custodian is the

Secretary of SRS, the Department of

Corrections (DOC), or the Juvenile Justice

Authority (JJA), and the student has or may

have an exceptionality and requires special

education services, JJA, DOC, or SRS or its

contractors immediately informs Families

Together and the school district that the

student needs an education advocate.

Families Together, under the authority of

KSDE, appoints the education advocate. The

appointment is to be completed within 3

business days of receipt of request for the

education advocate.

KSDE notifies the education advocate, special

education director, building principal and

primary caseworker of the appointment.

Families Together maintains the record of all

current appointments and cancellations.

Rights of an Education Advocate

An education advocate has the same rights

as parents under IDEA. (See Chapter 11,

Parent and Student Rights and

Parents

Rights in Special Education

.) These rights

include:

1. Receive prior written notice when a

school plans a special education action;

2. Review all educational records about the

identification, evaluation, placement, and

provision of a free appropriate public

education for the student;

3. Give consent or refuse consent for the

school to release educational records;

4. Give consent or refuse consent for the

school to do an evaluation, place a student

in special education services, or make a

substantial or material change in the

placement or services for the student;

5. Be informed of and attend IEP meetings;

6. Resolve differences through mediation,

formal complaint or due process hearing;

and

7. Be informed if the student receives a

long-term or short-term suspension or

expulsion.

Qualifications of an Education

Advocate

Education advocates must:

•

be 18 years or older;

•

have knowledge and skills to adequately

represent the student;

•

provide three references for appointment

as an education advocate; and

•

complete a training program offered

and/or approved by the State Board of

Education.

Education advocates cannot be:

•

an employee of the district required by law

to provide special education services,

70

•

an employee of KSDE or any agency

directly involved in providing educational

services for the student, or

---

•

a person with a professional or personal

interest that would conflict with the

student’s best interests.

SRS subcontracting agency caseworkers,

resource (foster) parents, group home

workers, professionals (such as teachers,

school administrators, school nurses, school

psychologists, counselors, and social

workers), and local community volunteers may

be education advocates if s/he has been

trained and appointed.

Training for an Education Advocate

KSDE and Families Together have developed

a five-hour training session about the

education advocate’s roles and

responsibilities. This training covers the

identification, evaluation, free appropriate

public education, placement for students

receiving special education services and

discipline processes under the Individuals with

Disabilities Education Act (IDEA). This training

gives education advocates the skills they need

to represent the student.

Families Together offers training sessions

throughout Kansas during the school year.

These are open to all interested persons.

Parents, guardians, step parents, resource

(foster) and adoptive parents, persons acting

as parents, and volunteers are encouraged to

attend. SRS/JJA/DOC caseworkers are

encouraged to attend to gain information about

special education requirements. People who

want to be an education advocate MUST

attend this training before they can be

appointed.

Responsibilities of an Education

Advocate

The education advocate represents the

student in all aspects related to the

identification, evaluation, educational

placement, and provision of a free appropriate

public education. An education advocate has

no financial responsibility or other

responsibility for the day-to-day care of the

student. The education advocate must:

•

protect the student’s rights in the

educational and decision making

processes including the identification,

evaluation, and placement of the student;

•

follow confidentiality requirements of the

state and federal laws;

•

use discretion in the sharing of

information;

•

participate in developing the student’s

IEP; and

•

exercise other rights given to parents

under IDEA and the Kansas special

education law.

Canceling the Appointment of an

Education Advocate

Education advocate appointments will be

canceled when:

•

the parent becomes available;

•

the student moves to a new location (if

the new placement isn’t within a

reasonable driving distance from the

education advocate’s home);

•

students are 18 years old and have legal

rights themselves (parental rights transfer

at age 18 even if custody of a state agency

continues unless the student is deemed

incapable of making their own decisions.);

•

the education advocate resigns his or her

appointment;

•

the student is legally adopted, placed in a

“relative placement,” or the court appoints

a legal guardian; or

•

the student no longer receives special

education services; or does not qualify

following an evaluation.

School Responsibilities

Before taking any special education action for

students receiving special education services,

the school must identify the student’s legal

guardian:

•

Try to find the natural parent at the last

known address for a student who isn’t

living with a natural parent, step parent, or

guardian and who isn’t in SRS, DOC or

JJA custody.

71

•

If these attempts fail, the school must

contact the SRS (area office) or JJA (area

---

office) to see if the student is in their

custody which may require an education

advocate.

•

The school must keep a log of phone calls,

visits, and copies of letters to show

attempts to contact or locate the student’s

parents.

If the student is living with a “person acting as

a parent,” that person is the student’s legal

guardian, and an education advocate doesn’t

need to be appointed.

If the student is in SRS, JJA or DOC custody,

the school should work with the student’s

primary caseworker to determine if the student

needs an education advocate. The

caseworker will then contact Families Together

to ask for an education advocate to be

appointed.

Sometimes it is difficult to determine the

situation with parents. There is a difference

between “unavailable” and “uncooperative.”

An uncooperative parent is not necessarily

unavailable. A parent who can be located by

mail, personal visits, or phone is not

unavailable, even though she/he doesn’t

respond to the school’s attempts to involve him

or her in the student’s education. This is

especially true when the school needs the

parent’s consent. If a parent refuses to give

consent, the school may try to mediate or ask

for a due process hearing. If a parent does not

respond to the school’s request for consent to

conduct a reevaluation, make a substantial

change in placement or material change in

services, the school will document attempts to

obtain consent, but may proceed without

parental consent.

Tips for Education Advocates

People who volunteer to be an education

advocate may be assigned to represent a

student they don’t know. The education

advocate will need to take some time learning

about the student and his or her educational

history. Here are some suggestions:

•

Ask questions about anything you don’t

understand. Be familiar with all aspects of

the student’s educational needs to

become an effective and informed

education advocate.

•

Know the law and be prepared to

participate actively as the student’s

educational decision maker.

•

Review evaluation procedures used in the

student’s most recent assessment. Ask for

a copy of the results. Be sure the

assessment is current and complete. Ask

for the results to be explained clearly in

understandable language.

•

Review the student’s most recent IEP.

•

Attend all parent/school meetings and

conferences to plan and/or review the

student’s IEP and plan to talk regularly with

the school.

•

Participate in the development of the

student’s IEP and provide consent for the

delivery of special education services

agreed to in the IEP meeting.

•

Contact the resource (foster) parents and

contract worker to ask about the student’s

progress, needs, strengths, and what they

feel needs to be addressed in the

student’s program.

•

Meet the student. Ask questions about

the school program, their likes and

dislikes, what they would like to see in their

program, and, if appropriate, what their

dreams and goals are for their future after

school.

•

Observe the student in the school

program and talk with the teachers and

service providers.

•

Learn about the student’s exceptionality.

•

Introduce yourself as the student’s

education advocate to all professionals

who work with the student — teachers,

therapists, social workers, caseworkers,

and supervisors. Communicate with them

about the student’s abilities and needs.

72

---

•

Keep a file of all written and verbal

contacts about the student.

Contact Families Together, Inc., or KSDE if

you need help understanding your rights or

have questions about the special education

process.

QUESTIONS AND ANSWERS ABOUT

EDUCATION ADVOCATES

1. Do education advocates have a choice

in choosing the students they

represent?

Education advocates have some limited

ability to choose the student. For instance

they can ask to be appointed for a student

with a certain exceptionality or a certain

age group, or for a student residing in their

home.

2. Can an education advocate be assigned

to represent a student over the age of

18?

In Kansas, students from age 18 through

21 years have attained the “age of

majority,” and so they are their own

advocates. If a student is a ward of the

state and is in SRS or JJA custody, she/he

could have an education advocate

appointed for them if the student is legally

deemed unable to make his or her own

decisions.

3. Are education advocates appointed for

a student who is or may be gifted?

Yes. In Kansas, all students with

exceptionalities are entitled to an

education advocate, including those who

are gifted.

4. What should, or shouldn’t, an education

advocate sign?

Education advocates may be provided prior

written notice and be asked to provide

written consent for an evaluation,

reevaluation, provision of services, sub-

stantial change in placement or material

change in services. They should sign if it

seems that the action proposed is right for

the student. If there are questions,

advocates should ask for more information

or discussion until they are comfortable with

the decision.

An education advocate may be asked to

provide consent for services in an IEP

already written by the school team. An IEP

meeting may have already been held to

plan for the student’s program. To

participate actively in the student’s IEP

process, the education advocate should

take time to review information about the

student before she/he provides consent for

services in the IEP.

The education advocate shouldn’t sign

something she/he would be liable for, such

as permission for school fees, field trips,

etc. This type of permission should be

signed by the student’s contract worker,

resource (foster) parent, or other person

responsible for the student’s care.

5. Can an education advocate visit the

student’s classroom?

Observing a student in the classroom may

help to become familiar with his/her needs,

and check on the student’s progress in

school. Education advocates should ask

about visiting policies at the school.

Separate appointments may be needed

with other staff, such as the

speech/language therapist, adaptive

physical education teacher, etc.

6. Can an education advocate get more

involved with the student, beyond

participating in the school program?

Some volunteer education advocates

choose to become more involved by

visiting the student at home or going on

outings together. This decision is made

jointly by the education advocate and the

home provider. However, the education

advocate can be effective, even if she/he

isn’t involved outside the area of

education.

73

---

74

7. After an education advocate is

appointed, where can she/he go for

answers to questions?

The education advocate may contact the

student’s teacher, principal, or other school

staff who work with the student. Other

sources of support are Families Together,

Education Advocate Program Coordinator;

the Kansas State Department of

Education, Student Support Services

Team; and the student’s SRS, JJA, DOC

or caseworker.

8. What is the education advocate’s role

at the student’s place of residence?

The education advocate has authority only

to participate in decisions about the

student’s educational program. However, it

is important to talk to all people involved

with the student, especially in the home

environment, to get a full picture of the

student’s needs. Case workers, resource

(foster) parents and others need to

understand the education advocate’s role

and to cooperate in getting the information

to help make educational decisions for the

student.

9. What is the time commitment in being

assigned as an education advocate?

It takes time to gather information and get

to know the student. The main

responsibility of an education advocate is

to participate fully in developing the

student’s annual IEP, provide consent for

education actions to ensure FAPE, and to

check on the student’s progress at

school. The actual amount of time for

each student will vary, depending on

each individual situation.

RESOURCES

Student Support Services, Kansas State

Department of Education, 1-800-203-9462,

www.kansped.org

Families Together, Inc.,

Garden City – 1-888 820-6364

Kansas City – 1-913 384-6783

Topeka – 1-800 264-6343

Wichita – 1-888-815-6364

http://www.familiestogetherinc.org/

Kansas Special Education for Exceptional

Children Act, 2006

http://www.kansped.org/ksde/laws/spedlaw.h

tml

Kansas Special Education Regulations, 2001

http://www.kansped.org/ksde/laws/art40/art4

0.pdf

Consent for Release of Information (Foster

Care Issues),

http://www.kansped.org/ksde/laws/coinfo072

203.pdf

---

CHAPTER 13

Discipline

Introd

here are specific procedures for schools

to use when they discipline students

receiving special education services.

The provisions regarding student discipline are

complex and sometimes confusing. If your

child becomes the focus of a disciplinary

action, seek information and guidance from an

expert resource such as your school

administrator, Families Together, Keys for

Networking or the Kansas State Department of

Education.

uction

In this chapter, the term “discipline” refers only

to suspensions, expulsions or other removals

of students for disciplinary reasons. We will

use charts, different scenarios, and a question

and answer section to explain the discipline

procedures in IDEA. Figure 13-1 shows the

procedures if the student does something that

violates, or goes against, the school’s code of

conduct. Figure 13-2 is a flow chart that

shows the suspension or expulsion

procedures when a student has a weapon or

drugs at school or inflicts serious bodily injury

on another person.

Disciplinary Actions of 10 School

Days or Less

A student with a disability, who has an IEP in

effect, can be disciplined like any other

student for 10 consecutive school days or

less if he or she violates the school’s code of

conduct. All schools in Kansas have a code

of conduct or school rules. Usually there is a

handbook or some other list of school rules

that is handed out at enrollment or when

students come to school in the fall. Parents,

students, educators, and administrators need

to know what the rules are. Students who

receive special education services should be

expected to follow the rules, just like the rest

of the students in school.

Disciplinary Actions Beyond 10 Days

For students with a disability whose

disciplinary action exceeds 10 consecutive

school days in the same school year, or

when frequent disciplinary actions add up to

more than 10 school days in a school year

and clearly indicate a pattern that is a change

in placement, the IEP team must determine

appropriate services that allow the student to:

•

continue to participate in the general

education curriculum, although in another

setting; and

•

progress toward meeting the goals

outlined in the student’s IEP.

After a student has been removed for 10

school days in the same school year and a

current removal is not for more than 10

consecutive days and is not a change of

placement, then the school administrator, the

director of special of education and at least

one of the student’s special education

teachers, shall determine the extent to which

appropriate services are needed.

If school officials want to suspend the student

from school for more than 10 school days in

a row, or to have the student’s educational

setting changed to an interim alternative

educational setting for up to 45 school days

for weapon or drug possession or for

infliction of serious bodily injury on another

person, school officials must notify the

parents immediately of what they intend to

do.

When determining whether to change the

placement of a child with a disability who

violates a school code of conduct school

personnel can consider any unique

circumstances on a case-by-case basis.

Manifestation Determination

Within 10 school days from the beginning of

a disciplinary action that either exceeds 10

school days in a row or that constitutes a

pattern of removals (a change in placement),

75

T

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the student’s IEP team must meet to

determine if the conduct in question was

caused by, or had a direct and substantial

relationship to, the student’s disability or if

the conduct was the direct result of the

school’s failure to implement the student’s

IEP, including a behavior intervention plan.

This is referred to as a “manifestation

determination.”

In making this determination, the IEP team

will review:

•

the student’s IEP;

•

the student’s behavior intervention plan

(if any);

•

any relevant teacher observations; and

•

any other relevant information provided

by the parents.

If the team finds that the student’s behavior

was

caused by or had a direct and

substantial relationship to the disability, or the

conduct of the student was the direct result of

the school’s failure to implement the IEP, the

student is returned to the original education

setting described in his/her IEP, unless (a)

the student has been placed in an alternative

educational setting; or (b) the parents agree

to a new placement, as part of the behavior

intervention plan.

If the behavior was a result of the student’s

disability, and the student does not have a

behavior intervention plan, the IEP team

must conduct a functional behavioral

assessment and implement a behavioral

intervention plan.

If the student already has a behavioral

intervention plan, the IEP team must meet to

review the plan, and, modify the plan, as

necessary, to address the behavior.

If, on the other hand, the team finds that the

student’s behavior was not directly related to

the disability, the same disciplinary actions

can be imposed on the student with a

disability as those imposed on a non-

disabled student. Such action could include

expulsion. However, if the student is

expelled from school, the student must

continue to receive educational services that

allow him or her to continue to participate in

the general education curriculum and

progress toward meeting the goals set out in

the IEP. In addition, if deemed appropriate

by the IEP team, a functional behavioral

assessment should be conducted and a

behavior intervention plan developed. (See

Figure 13-1)

Special Offenses

Certain serious behavior problems can lead

to a student being moved to an interim

alternative educational setting for up to 45

school days even if the conduct is

determined to be related to the student’s

disability. Removing a student for these

offenses does not require parent consent or

agreement, nor does it require any

involvement by a hearing officer or other

impartial third party. These offences are:

Weapons:

If a student carries or possesses a

weapon:

•

to or at school

•

on school premises

•

at a school function

Drugs:

If the student knowingly possesses

or uses illegal drugs or sells or solicits the

sale of illegal drugs while at school or at a

school function

Serious bodily injury:

If a student has

inflicted serious bodily injury upon another

person while at school, on school premises

or at a school function.

Additionally, a school may seek to remove a

student to an interim alternative educational

setting for up to 45 school days for creating a

dangerous situation. The school must do this

by making a request to a hearing officer.

(See Figure 13-2 and

Parent Rights in

Special Education

.)

Appeal by the Parent

76

Parents have the right to challenge any

decisions made regarding the 45 school day

interim alternative educational setting or the

---

determination regarding the “manifestation

determination” by asking for a due process

hearing. Schools can also request a hearing if

school personnel feel that returning a student

to the original educational setting is likely to

result in injury to the student or to others.

In either case, the hearing must be held within

20 school days of the date requested and the

hearing officer must make the decision within

10 school days after the hearing.

During the appeal process, the student

remains in the interim alternative educational

setting, unless the parent and the school

agree otherwise.

Students Not Yet Eligible for Special

Education

Under certain circumstances, the protections

available to students with disabilities who are

already receiving services under IDEA may

also be available to students who do not have an

IEP in effect. These circumstances may apply

to any students, including those receiving early

intervening services, if, before the behavior that

resulted in disciplinary action:

•

The child’s parent had expressed

concern in writing to supervisory or

administrative school personnel, or to a

teacher of the child, that their child may

be in need of special education;

•

The child’s parent had requested an

evaluation as provided for by IDEA;

•

The child’s teacher or other school

personnel had expressed specific concerns

about a pattern of behavior that might call

for a referral for evaluation directly to the

director of special education or other

supervisory personnel.

Certain exceptions apply to the above

circumstances. They include:

•

If the child’s parent had not allowed an

evaluation of the child or had refused

special education services that had been

offered as required by IDEA

•

If the child had been evaluated as

required and was not found eligible for

special education.

If a request is made to evaluate a student

during the time period of the disciplinary action,

the school must complete the evaluation in an

expedited manner. During the evaluation,

the student remains in the disciplinary

setting.

Scenarios

Several different scenarios are provided to

help clarify the disciplinary procedures.

►

SCENARIO I

.

A student with a

disability does something that is

against the school rules, or code of

conduct. The school is thinking about

suspending the student for 5 days.

The student has not been suspended

during the school year, so the total

number of days suspended is not

more than 10.

In this scenario, the school may suspend the

student, if this discipline is the same as for

students without disabilities. If the student is

suspended, the school must follow all

procedures in federal and state laws. (See

Figure 13-1.) During the suspension, the

school is not required to provide special

education services to the student. The IEP

team should review this situation carefully. It

may need to change the student’s program.

►

SCENARIO II

.

A student with a

disability breaks a school rule (code of

conduct). The school is thinking

about suspending the student for 5

days. Unfortunately, the student has

already been suspended twice before,

each time for 3 days, during this

school year. That means the total

number of days of suspension would

be more than 10 for the same school

year.

77

In this scenario, the school may suspend the

student. However, school personnel must

determine what educational services, if any, the

student needs to continue to participate in the

---

regular education curriculum although in

another setting, and to progress toward

meeting the goals in the IEP.

►

SCENARIO III.

A student with a

disability violates a school rule. The

principal is thinking about suspending

the student for 15 days.

In this scenario, the discipline the school

wants is a change of placement

according to

IDEA. This means that the school must

notify the parents of that decision, and also

give them a copy of all procedural

safeguards. (See Figure 13-1.)

When the school wants to suspend the student

and the total number of days of the suspension

is more than 10 school days, the school must

conduct a manifestation deter-mination review.

The meeting is set as soon as possible, but no

more than 10 school days after the date when

the school decided to discipline the student.

At this meeting, the relevant members of the

IEP team review all relevant information,

including evaluation results, information from

the parents, observations of the student, the

student’s IEP, and current placement. The

team will then decide if the behavior was

caused by, or had a direct and substantial

relationship to the student’s disability, or if the

school failed to implement the student’s IEP

and that failure to implement the IEP directly

resulted in the behavior for which the student is

being disciplined.

If the team finds that the student’s behavior

was

caused by or had a direct and substantial

relationship to the disability, or that the

student’s behavior was the direct result of the

school’s failure to implement the IEP, the

student is returned to the original education

setting specified in the IEP unless the

parents agree to a new placement, as part of

the behavior intervention plan.

If the behavior was

a result of the students

disability and the student does not have a

behavior intervention plan, the IEP team

must conduct a functional behavioral

assessment and implement a behavioral

intervention plan. If the student already has

a behavioral intervention plan, the IEP team

must meet to review the plan and its

implementation, and, modify the plan and its

implementation, as necessary, to address the

behavior.

If the IEP team decides the behavior was not

related to the student’s disability, then the

school may suspend the student and must

notify the parents and provide them with a

copy of their procedural safeguards. The

parents also have the right to (1) challenge

the manifestation determination, and (2)

challenge the change of placement.

To challenge the manifestation determination

or the change of placement, the parents ask for

a due process hearing. The school then

arranges for an expedited due process hearing.

The student will stay in the disciplinary

placement until the due process hearing officer

makes a decision. The IEP Team will

determine what services the student will need

in the disciplinary setting to enable the student

to continue to participate in the general

curriculum, although in another setting, and to

progress toward meeting the students IEP

goals. The student will also receive, if

appropriate, a functional behavioral

assessment and a behavior intervention plan.

►

SCENARIO IV.

A student with a

disability takes a weapon to school or a

school function (or the student

knowingly has or uses illegal drugs, or

sells or tries to sell a controlled

substance while at school or a school

function or the student inflicts serious

bodily injury on another person). The

school decides how to discipline the

student.

78

In this scenario, the school’s proposed

discipline may

include sending the student to

an interim alternative educational setting up

to 45 school days. This is a change of

placement under IDEA. (See Figure 13-2.)

The school must notify the parents of the

disciplinary action considered and their

procedural safeguards. The school would

follow the same procedures as in SCENARIO

---

79

III, except that the student is not returned to

the IEP placement upon a determination that

the behavior being disciplined was a

manifestation of the student’s disability.

•

If the parents ask for a due process

hearing to challenge the manifestation

determination or change of placement,

the student stays in the interim alternative

education placement until the due process

hearing officer makes a decision, or until

the 45 school days is up, which ever is

first, unless the parents and school agree

otherwise.

•

If the parents don’t request a due process

hearing, the student stays in the interim

alternative educational setting for the 45

school days.

At the end of 45 school days, the IEP team

may

recommend that the student go back to

the previous placement. The IEP team may

also recommend another change of

placement after the 45 school days. If the

parents agree to the new change of

placement, it may start immediately. If the

parents disagree with the new placement,

they have a right to refuse to give consent for

the change. If the parents refuse to consent

to the school’s proposed change of

placement, the school may ask for a due

process hearing. During the time the school

is pursuing the proposed change in

placement, the student stays where they

were before the interim alternative

educational setting (the placement specified

in the student’s IEP).

►

SCENARIO V.

The school personnel

believe that the student’s behavior is

such that keeping the student in the

current placement is very likely to

cause an injury to the student or to

others.

In this scenario, the school should first ask

for parent consent to change the student’s

placement to a more appropriate educational

setting. If the parents agree to the proposed

change of placement, it may start

immediately. (See Figure 13-2.)

If the parents refuse to consent to the

proposed educational setting, a special

education due process hearing officer may

order a change of placement to an interim

alternative educational setting for 45 school

days or less. For the due process hearing

officer to order the change of placement, the

school must prove that:

•

the current placement is substantially

likely to result in injury; and

•

the proposed interim alternative

educational setting would enable the

student to participate in the general

curriculum, and would have services to

enable the student to progress toward

meeting her or his IEP goals.

If the due process hearing officer gives the

order, the student goes to the interim

alternative educational setting. The parents

still have the right to challenge any proposed

change of placement. If they challenge a

proposed change of placement, the school

may start an expedited due process hearing.

The student stays in the interim alternative

educational setting until the due process

hearing officer makes a decision or the 45

school days pass.

When the 45 school days pass, the school

may repeat the process described above by

initiating another expedited due process

hearing. If school personnel believe that

returning the student to the educational

placement specified in the IEP is

substantially likely to result in injury to the

student or to others.

If the due process hearing officer doesn’t

give the order for the student to be placed in

an interim alternative educational placement,

the school may ask a court for a temporary

restraining order for the placement. If the

restraining order is given, the student will go

to the interim alternative educational setting.

If the temporary restraining order isn’t given,

the student will go back to the previous

placement (as specified in the IEP).

---

QUESTIONS AND ANSWERS ABOUT

DISCIPLINARY

PROCEDURES IN IDEA

1. What is the definition of a

suspension?

Suspension usually means that

educational services are stopped, either

on a short-term or long-term basis.

2. What due process rights do all

students have when they are

suspended?

The student must be advised of the

reasons for the proposed suspension and

given a chance to explain his/her version

of the situation that caused the suspen-

sion. The parents should also be given

prompt notice of the suspension and the

reason for it. Last, the suspended

student or the parents may appeal the

suspension to the local Board of

Education. The appeal only applies to

extended term, suspension or expulsion.

3. What is the definition of an extended

term (long-term) suspension or

expulsion for students with

disabilities?

Long-term suspension usually means

when educational services are stopped

for more than 10 consecutive school

days. Under IDEA, after the first 10 days,

educational services for students with

disabilities must be provided during long-

term suspension. The law says the

school must still provide the student with

a free appropriate public education during

an extended term suspension. This

would include transportation and other

related services, if deemed necessary by

the IEP team.

4. Can a student be removed to an

interim alternative educational setting

for dangerous behavior?

Yes. A hearing officer may order a

change in placement to an interim

alternative educational setting for up to

45 school days for very dangerous

behavior if the hearing officer—

•

Decides that the school has proved

that keeping the current placement is

very likely to result in injury to the

student or others;

•

Decides that the interim alternative

educational setting meets the

requirements in IDEA.

5. May the parents appeal the hearing

officer’s decision?

Yes. The parents may appeal the hearing

officer’s decision to the state review

officer. The student would remain in the

interim alternative educa-tional setting

during the first 45 school days. Then the

student would be returned to the original

IEP setting unless the school seeks

another order from a hearing officer for

an additional 45 school days in the

interim alternative educational setting, or

the school and the parent agree on a

placement.

6. May the school appeal the hearing

officer’s decision?

Yes. The school may also appeal the

hearing officer’s decision to the state

review officer.

7. Should law enforcement officials be

told of criminal activity of a student

with a disability?

IDEA does not keep the school or

another agency from reporting criminal

acts committed by a student with a

disability. School officials should follow

state and federal laws for mandatory

reporting. When the school or another

agency reports a crime committed by a

student with a disability, copies of the

student’s special education and

disciplinary records are sent to the

authorities (if permitted by the Family

Educational Rights and Privacy Act

(FERPA)).

80

---

8. Must the parent agree to have a

resolution meeting?

The resolution meeting will take place

unless the parent and school agree in

writing to waive the meeting or the parent

and the school agree to use mediation. If

the LEA has not resolved the complaint

within 30 days the due process hearing

may occur.

9. What is a "controlled substance"?

A "controlled substance" means a drug

or other substance identified under

schedules I, II, III, IV or V in section

202(c) of the Controlled Substances Act

(21U.S.C. §12(c)). This is a federal law.

10. What is an "illegal drug"?

An "illegal drug" means a controlled

substance; but does not include a

substance that is legally possessed or

used under the supervision of a licensed

health-care professional or that is legally

possessed or used under any other

authority under the Controlled

Substances Act or under any other

provisions of federal law.

11. What is a "weapon"?

A "weapon" has the meaning given the

term "dangerous weapon" under

paragraph (2) of the first subsection (g) of

section 930 of Title 18, United States

Code. This federal law defines a weapon

as "any weapon, device, instrument,

material or substance, animate or

inanimate, that is used for, or is readily

capable of, causing death or serious

bodily injury, except that this term does

not include a pocket knife with a blade of

less than 2.5 inches in length."

12. What is “serious bodily injury”?

“

Serious bodily injury” means bodily

injury which involves:

•

a substantial risk of death;

•

extreme physical pain;

•

protracted and obvious disfigurement;

or

•

protracted loss of impairment of the

function of a bodily member, organ, or

mental faculty.

13. What is “serious bodily injury”?

“

Serious bodily injury” means bodily

injury which involves:

•

a substantial risk of death;

•

extreme physical pain;

•

protracted and obvious disfigurement;

or

•

protracted loss of impairment of the

function of a bodily member, organ, or

mental faculty.

RESOURCES

Kansas Special Education for Exceptional

Children Act, 2006

81

http://www.kansped.org/ksde/laws/spedlaw.ht

ml

Kansas Special Education Regulations, 2001

http://www.kansped.org/ksde/laws/art40/art4

0.pdf

Manifestation Determination Review Form,

http://www.kansped.org/ksde/laws/forms/Man

ifRev.pdf

---

82

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Figure 13-1

DISCIPLINE PROCEDURES INVOLVING VIOLATIONS OF A CODE OF STUDENT CONDUCT

LENGTH OF REMOVAL

SERVICES REQUIRED

IEP MEETING REQUIRED

SERVICES DETERMINED

BY WHOM

IF CHALLENGED,

STAY PUT

1.

Short term Removals, not

exceeding

ten

consecutive

school days, and not

cumulating to more than 10

school days.

K.S.A. 72-8902

None

C.F.R. 300.530(d)(3)

No,

but if a long term suspension or

expulsion is anticipated, conduct a

manifestation determination within 10

days, and prior to formal disciplinary

hearing. See row 4.

N/A

N/A

2.

Next short term removal

which includes the 11

th

cumulative day (but does

not constitute change of

placement)

Those, if any, which are necessary to

enable the child to:

1) Participate in the general curriculum

(although in another setting; and

2) Progress toward meeting the goals in

the IEP and the location of the

services.

C.F.R.300.530(b)(2),

C.F.R. 300.530(d)(4)

No

. No manifestation determination is

required. 300.530(e) -

Also see row 4 if long

term suspension/expulsion is anticipated.

School officials, (General. Ed.

Administrator, Director. of Sp. Ed.

and the child's special education

teacher).

C.F.R. 300.530(d)(4).

K.A.R. 91-40-33

K.A.R. 91-40-36

N/A

3

. Each subsequent short-

term removal (but still not

constituting a change in

placement).

Same as above.

C.F.R. 300.530(b)(2) and

C.F.R. 300.530(d)(4)

No.

Also see row 4 if long term

suspension/expulsion anticipated.

Same as above.

300.530(d)(4)

K.A.R. 91-40-33

K.A.R. 91-40-36

N/A

4

.

1) A long term suspension or

expulsion for more than 10

consecutive school days.

C.F.R. 300.536(a);

or

2) another removal that

cumulates to more than 10

school days, and shows a

pattern constituting a

change of placement.

C.F.R. 300.536(a)(2)

Same as above except that there is no

option to withhold services, and, if

appropriate, a FBA and BIP.

C.F.R. 300.121(d)(2)(i),

C.F.R. 300.530(d)(5)

Yes, to:

1) Make a manifestation determination*

(Notice of action and procedural

safeguards immediately, and meeting

within 10 school days.) C.F.R. 300.530(e),

C.F.R. 300.530(h); and

2) If the behavior is a manifestation of the

disability, (a) develop a FBA and BIP, or

review existing BIP, and make any

changes needed to address behavior and

(b) return student to IEP placement unless

parent and school agree otherwise or the

student is in an AES. C.F.R. 300.530(f)

IEP Team determines services and

place where the services will be

provided.

C.F.R. 300.530(d)(5)

Disciplinary Placement.

C.F.R. 300.533

5

. 45 day alternative

educational settings

Not an option

Not an option

Not an option

Not an option

8/18/06

---

84

,

2

0

0

1

Figure 13-2

DISCIPLINE PROCEDURES RELATING TO WEAPONS, DRUGS, SERIOUS BODILY INJURY OR DANGEROUS BEHAVIOR -

LENGTH OF REMOVAL

SERVICES REQUIRED

IEP MEETING REQUIRED

SERVICES DETERMINED

BY WHOM

IF CHALLENGED,

STAY PUT

1.

First 10 school days

None

300.530(d)(3).

However

, if this removal

includes the 11

th

cumulative day (and any subsequent

day) of removal in a school year, required services are

those which are necessary to enable the child to:

1) Participate in the general curriculum, although in

another setting; and

2) Progress toward meeting the goals in the IEP.

C.F.R. 300.530(b)(2), C.F.R. 300.530(d)(4)

No,

BUT ALSO SEE ROW 2

If removal includes the

11

th

day, or any subsequent

day, school officials (LEA

admin., sp. ed. director, and

sp. teacher).

C.F.R. 300.530(d)(4)

K.A.R. 91-40-33

K.A.R. 91-40-36

N/A

2.

A removal for:

1) more than 10

consecutive days,

C.F.R. 300.536(a)(1) or

2) another removal that

cumulates to more than

10 school days, and

shows a pattern

constituting a change of

placement.

C.F.R. 300.536(a)(2)

Those services necessary to enable the child to:

1) Participate in the general curriculum, although in

another setting; and

2) Progress toward achieving the goals in the IEP and,

if the behavior is a manifestation of the disability or

it is otherwise appropriate, an FBA and BIP

designed to address the behavior so it does not

recur.

C.F.R. 300.530(d)(5)

Yes, to:

1) Make a manifestation determination.

(Notice of action and procedural

safeguards immediately, and meeting

within 10 school days.)

C.F.R. 300.530(e), C.F.R. 300.530(h)

2) If the behavior is a manifestation of the

disability or if otherwise appropriate

develop a FBA plan and BIP, or review

existing BIP and its implementation, and

make any changes needed to address

behavior.

C.F.R. 300.530(f)

IEP Team determines

services and place where the

services will be provided.

C.F.R. 300.530(d)(5)

Disciplinary Placement.

C.F.R. 300.533

3.

45 day alternative

educational setting

(weapons, drugs or

serious bodily injury)

C.F.R. 300.530(g)

Same as above and 300.530(d)(1)

Yes. Same as above, and determine the

alternative educational setting.

C.F.R. 300.531

IEP Team.

C.F.R. 300.530(d)(5)

Alt Ed Set pending H.O.

decision or end of 45 school

days, or by agreement..

C.F.R. 300.533. Process

may be repeated.

C.F.R. 300.532(b)(3)

Proposed by school officials.

(LEA admin., sp. ed. director,

and sp. ed. teacher). Review

by Hearing Off.

C.F.R. 300.532(b)(2)(ii)

4.

45 day alternative

Same as above.

Yes. Same as above.

educational setting

ordered by the hearing

officer (Dangerous

behavior).

C.F.R. 300.532(a),

C.F.R. 300.532(b)(2)(ii)

Same as above

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CHAPTER 14

RESOLVING DISPUTES

Introduc

pecial education laws and regulations

include many important rights for

parents of children with exception-

alities. Among these, are the right to be a part

of the team of persons who will develop an

individualized education program (IEP) for

their child. As part of their child’s IEP team,

parents have the opportunity to: (a) provide

input to the team; (b) make proposals

regarding services and placement; and (c)

grant or withhold consent when the team

proposes an initial placement, a material

change of services or a substantial change of

placement.

tion

This process for developing a child’s IEP

sometimes includes spirited negotiations,

which can lead to disagreements among team

members. At times these disagreements may

become intense and result in deep frustrations,

misunderstandings and hard feelings on the

part of all involved. When this happens, the

IEP team (which includes the parents) is

encouraged to continue to work toward

resolving their differences.

However, when multiple attempts have been

made to resolve disagreements without

success, a parent should know that there are

other, more formal, options available to help

them resolve special education disputes. The

special education laws and regulations provide

three formal dispute resolution processes for

use by parents. These three formal processes

are: (1) Mediation; (2) Formal Complaint; and

(3) Due Process Hearing.

FORMAL RESOLUTION

PROCESSES

Briefly, the three special education dispute

resolution processes are:

Mediation

:

In this process, a professional mediator is

assigned by the Student Support Services

Team, at the Kansas State Department of

Education (KSDE), to act as a facilitator of

discussion between the parents and the

school district. The mediator attempts to keep

the focus of discussion on working toward

solutions rather than dwelling on problems,

and helping the parties to reach agreement. If

the parties reach agreement, the mediator

puts the agreement in writing and asks the

parties to sign the agreement. A mediator

does not have authority to make any decision

with regard to the final resolution of the

dispute. However, if the mediator believes the

dispute cannot reasonably be resolved, the

mediator may declare an impasse and halt

mediation. The mediator is provided to the

parties by the KSDE at no cost to the parent or

the school district. Mediation is a voluntary

process and is available only when both

parties agree to participate.

Formal Complaint

:

In this process, a parent completes a formal

complaint form and sends it to the Student

Support Services Team at the Kansas State

Department of Education. A formal complaint

must allege that the school has violated a

special education law or regulation. When

Student Support Services receives a formal

complaint, it assigns the complaint to a trained

investigator. The investigator conducts an

investigation and issues a written report which

is provided to both the parent and the school

district. The report indicates whether the

investigator found a violation of special

education laws or regulations. If a violation of

special education laws or regulations is found,

the report will include corrective action for the

school district. The formal complaint

investigation is conducted at no cost to the

parent or the school district.

85

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Due Process Hearing:

In this process, the parent or the school

district sends the other party a Due Process

Complaint Notice, and sends a copy of that

notice to the Kansas State Department of

Education. The school and parent hold a

resolution meeting to resolve the dispute. A

due process hearing officer is appointed and

he/she contacts the parties to set up a pre-

hearing, at which the hearing officer attempts

to clarify the issues and determine how much

evidence will be presented and how much

time will be needed for the hearing. The

hearing officer sets the date for the hearing.

Although the rules of evidence usually do not

apply to due process hearings, the hearing is

very much like a trial. The party challenging

the IEP or the status quo has the burden of

proof and begins the hearing by presenting

its evidence through documents or sworn

testimony, or both. The other side has an

opportunity to object to the introduction of

evidence and to cross examine witnesses.

When the party with the burden of proof is

finished presenting evidence, the other party

presents its evidence. After hearing all the

evidence, the hearing officer makes a final

decision and issues an order reflecting that

decision.

Each party then has a right to appeal the

hearing officer’s decision to a state review

officer. Each party may also appeal the

decision of the state review officer to a state

or federal court. The school district pays the

costs of the hearing, including the cost of the

hearing officer and the court reporter.

Otherwise, each party pays its own

expenses. If a parent is a prevailing party,

the parent may ask a court to order the

school district to pay the parent’s attorney’s

fees.

MEDIATION

Initiating Mediation

Mediation of special education disputes is

available, at no cost, to school districts and

parents of children with disabilities. However,

mediation is voluntary on the part of both the

parents and the school district. Therefore, the

first step in initiating a special education

mediation is to ask the other party if it is willing

to mediate the disputed issues.

If the other party is willing to mediate, the

second step in initiating a special education

mediation is to complete the required

mediation forms. The three forms (which are

available from the school district special

education office or at

http://www.kansped.org/ksde/laws/mediation/

mediation.html ) that must be completed by

both parties are:

(1) Agreement to Mediate

: This is a one-

page form indicates that both parties: (a)

understand that mediation is voluntary; (b)

agree to enter into mediation; (c) agree to

abide by the procedures and guidelines for

special education mediations; (d) agree

not to record (electronically or otherwise) a

mediation session; (e) agree that the