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Special Education: The Role of Pediatricians in Ensuring Appropriate Educational Services
By Christina D. Ghio, Esq.The Law Office of Christina D. Ghio, LLC
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Disclosure
I or my spouse/life partner do/does not now or in the past 12 months have a financial relationship with manufacturers of products or providers of services or with any medically related commercial interest relevant to this planned educational activity.
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Goals for Today!
Basic Understanding of the IDEA Process
Basic Understanding of IDEA Requirements
How You Can Help Parents Obtain Special Education Services
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What is IDEA?
The Individuals with Disabilities Education Act (IDEA) is a federal law requiring that children with disabilities receive a free appropriate public education (FAPE)
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Basic Process of IDEA
Referral
Evaluation
Identification
Services
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Referral – Who Can Refer?
Parents, physicians, clinics, or social workers may make a referral for evaluation
School must accept and process the referral
All referrals should be in writing
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Referral – When to Refer
Poor attendance (including truancy)
Repeated suspensions
Unsatisfactory behavior
Unsatisfactory progress in school
Difficulties with/withdrawal from social engagement
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Referral – What You Can Do
Screen and identify developmental delays and refer to Birth to Three or school district for further assessment
Know when children should be referred for initial evaluation and make the referral
Document areas of suspected disability and be specific about areas of concern
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PPT
Decisions are made by the Planning and Placement Team (PPT)
Membership of PPT specifically defined by IDEA and includes parents and, if appropriate, child
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Evaluation
IDEA establishes procedures for evaluation:
all areas of suspected disability multidisciplinary determined by PPT consideration of existing information/data comprehensive Parental consent required for initial and
re-evaluation
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Evaluation
Parents can bring in evaluative information
Right to an Independent Educational Evaluation (IEE)
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Evaluation – What You Can Do
Help parent identify appropriate areas for assessment
Help parent convey concerns to the PPT
Write letter documenting specific areas of suspected disability that should be assessed
Participate in the PPT
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Identification
Categories of disability identified in IDEA
Mental retardation Hearing impairment Speech and language impairment Visual impairment Serious emotional disturbance Orthopedic impairment
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Identification
Categories of disability identified in IDEA (continued)
Autism Traumatic brain injury Other health impairment Specific learning disability Deafness Blindness Multiple disabilities
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Identification-What You Can Do
Understand Eligibility Criteria
Understand the categories of eligibility
Direct parents to appropriate resources to educate themselves
Participate in or write letter to PPT
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Provision of Services
Individual
Based on child’s needs as determined by the PPT
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Individualized Education Program - IEP
IEP must be developed and implemented within forty-five school days of date of referral (excluding time for parental consent)
must include a statement of the special education, related services, supplementary aids and services, modifications and supports for school personnel to enable the child “to advance appropriately toward attaining annual goals”
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IEP (continued)
Must allow child “to be involved in and make progress in the general education curriculum and to participate in extracurricular and other non-academic activities”
AND
“to be educated and participate with other children with disabilities and nondisabled children . . .”
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Services – What You Can Do Know that services are based on needs of
the child
Articulate what specific services the child needs in order to progress educationally Related Services Supplementary Services
Document your recommendations
Participate in the PPT
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Homebound and Hospitalized Instruction
Districts are required to provide education when a child is unable to attend school due to a verified medical reason (including mental health issues)
Starting no later than the 11th day
Significant changes to regulations effective July 1, 2013
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Homebound and Hospitalized Instruction
Physician must provide a statement to the board on a form provided by the board stating: You have consulted with school health supervisory
personnel and determined that attendance with reasonable accommodations is not feasible;
Child is unable to attend school due to a verified medical reason;
Child’s diagnosis with supporting documentation; Child will be absent from school for at lest 10
consecutive days OR absent for short, repeated periods of time throughout the school year;
Expected date of return to school
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Homebound and Hospitalized Instruction – Medically Complex
Medically complex means a child who:
Has a serious, ongoing illness or chronic condition for at least one year; and
requires prolonged or intermittent hospitalization and ongoing medical treatments or medical devices to compensate for the loss of bodily functions
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Homebound and Hospitalized Instruction – Medically Complex
PPT must consider the educational needs of the child and the need for instruction to be provided in accordance with the IEP when the child can not attend;
Must make accommodation for child’s educational program moving from school to home/hospital and back
Must begin no later than the 3rd day
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Homebound and Hospitalized Instruction - Disputes
Schools can dispute whether the student requires homebound/hospitalized instruction School’s “medical advisor” or “other health
professional” reviews the information submitted;
Parent must provide consent for consultation If disagreement after consultation, school
may offer review by a qualified independent physician
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Homebound and Hospitalized Instruction
What happens if parent doesn’t want child assessed by independent medical practitioner?
Homebound/hospitalized instruction ends
Board and Parent have a right to pursue due process hearing and/or mediation
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Behaviors and School Discipline
If behavior impedes the child’s learning or that of others, the PPT must consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior
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Behaviors and Discipline
In general, child with a disability may be removed for violation of code of student conduct for 10 days or less
If removal is for more than 10 days OR the child is subjected to a series of removals that constitute a pattern, this constitutes a change in placement and school must conduct a manifestation determination review
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Behavior – What You Can Do
Encourage parent to request a PPT Encourage parent to request FBA Remember IEE is available for FBA Help parents identify positive
behavioral interventions and supports
Make recommendations for BIP Encourage parent to request
manifestation determination review (MDR), when required
Participate in PPT and/or MDR
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Review – How You Can Help Know how “education” is defined
Know when to refer
Write letters
Participate in PPT meetings
Know parents’ rights and when parents should contact an advocate or attorney
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No Cost or Low Cost Legal Services
Connecticut Legal Services (800-453-3320 or 860-344-0380)
Greater Hartford Legal Aid (860-541-5000) New Haven Legal Assistance(203-946-4811) Office of Protection and Advocacy (860-297-
4300) Center for Children’s Advocacy TeamChild
Project (860-570-5327)
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For more information:
Christina D. Ghio, Esq.The Law Office of Christina D. Ghio, LLC
P.O. Box 186Cheshire, CT 06410Ph. 860-580-9443Ph. 203-439-06956Fax 860-516-1550
Email: [email protected]: www.ctchildlaw.com