I.D.E.A. 2004I.D.E.A. 2004

LANGUAGE & LEGAL ISSUESImpacting the Process of the IEP Team, School Staff, and Parents

LANGUAGE & LEGAL ISSUESImpacting the Process of the IEP Team, School Staff, and Parents

HIGHLIGHTSHIGHLIGHTS Purpose of the Act Free Appropriate Public Education Presents Levels of Performance Assistive Technology Related Services Parental Consent Eligibility Least Restrictive Environment

Purpose of the Act Free Appropriate Public Education Presents Levels of Performance Assistive Technology Related Services Parental Consent Eligibility Least Restrictive Environment

Purpose of the ActPurpose of the Act

To emphasize the need for transition services;

To ensure addressing student needs for potential accommodations in Further Education (specifically Community

College or other educational activities) Employment and Independent Living

To emphasize the need for transition services;

To ensure addressing student needs for potential accommodations in Further Education (specifically Community

College or other educational activities) Employment and Independent Living

Free Appropriate Public Education

(FAPE)

Free Appropriate Public Education

(FAPE) New Purpose and Language Be prepared to lead productive and

independent lives to the maximum extent possible

Ensuring access to the general education curriculum in the regular education curriculum, to the maximum extent possible

Meet developmental goals and, to the maximum extent possible, the challenging expectations for all students

New Purpose and Language Be prepared to lead productive and

independent lives to the maximum extent possible

Ensuring access to the general education curriculum in the regular education curriculum, to the maximum extent possible

Meet developmental goals and, to the maximum extent possible, the challenging expectations for all students

Maximum Extent Language

Maximum Extent Language

Does the addition of “maximum extent” change the definition of FAPE?

NO! Basic FAPE definition remains: Services are provided at public expense Meet State (MD) Standards Include appropriate preschool, elementary

or secondary school services Provided in conformity with an IEP

Does the addition of “maximum extent” change the definition of FAPE?

NO! Basic FAPE definition remains: Services are provided at public expense Meet State (MD) Standards Include appropriate preschool, elementary

or secondary school services Provided in conformity with an IEP

Present Levels of Performance (PLEP)

Present Levels of Performance (PLEP)

IEP - Definition An IEP is a written document for each

child with a disability that is developed, reviewed, and revised in accordance with IDEA

It must include a statement of the child’s present levels of academic achievement and functional performance

IEP - Definition An IEP is a written document for each

child with a disability that is developed, reviewed, and revised in accordance with IDEA

It must include a statement of the child’s present levels of academic achievement and functional performance

IEP CONTENTIEP CONTENT

Must include a statement of measurable annual goals, including academic and functional goals designed to: Meet the child’s needs that result from the

child’s disability to enable the child to be involved in and make progress in general education curriculum

Must include a statement of measurable annual goals, including academic and functional goals designed to: Meet the child’s needs that result from the

child’s disability to enable the child to be involved in and make progress in general education curriculum

Assistive TechnologyAssistive Technology 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

Does not include a medical device that is surgically implanted

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

Does not include a medical device that is surgically implanted

Assistive TechnologyAssistive Technology• The use of school purchased assistive

technology devices in the student’s home or other settings is a case-by-case decision.

• Each public agency must ensure that assistive technology devices or services are made available to a child if required as part of: Special Education Related Services Supplemental Aids and Services

• The use of school purchased assistive technology devices in the student’s home or other settings is a case-by-case decision.

• Each public agency must ensure that assistive technology devices or services are made available to a child if required as part of: Special Education Related Services Supplemental Aids and Services

Related ServicesRelated Services Means transportation and such

developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education.

Includes but is not limited to: Speech/Language Audiological Services Interpreting Services Orientation and Mobility Services

Means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education.

Includes but is not limited to: Speech/Language Audiological Services Interpreting Services Orientation and Mobility Services

Parental ConsentParental Consent

The requirements have changed and will impact the following: Initial evaluation of the student Initial Provision of special education Reevaluation

The requirements have changed and will impact the following: Initial evaluation of the student Initial Provision of special education Reevaluation

Initial Evaluation…Initial Evaluation… The IEP team must attempt to obtain

consent via letter or phone calls, and then document reasons for the requested evaluation and the parents reasons for rejecting the request in the student’s file.

The School system may decide NOT to pursue consent through the hearing process without violating its obligation to provide FAPE if it declines to pursue the evaluation.

The IEP team must attempt to obtain consent via letter or phone calls, and then document reasons for the requested evaluation and the parents reasons for rejecting the request in the student’s file.

The School system may decide NOT to pursue consent through the hearing process without violating its obligation to provide FAPE if it declines to pursue the evaluation.

Initial Evaluation…Initial Evaluation… If the parent of an enrolled child or

child seeking to enroll refuses to provide consnet (or fails to respond to a request to provide consent), the school system may but is not required to pursue the initial evaluation through due process and/or mediation.

If the parent of an enrolled child or child seeking to enroll refuses to provide consnet (or fails to respond to a request to provide consent), the school system may but is not required to pursue the initial evaluation through due process and/or mediation.

EligibilityEligibility

A child with a disability means a child having Mental Retardation Hearing Impairment Speech/Language Impairment Visual Impairment Serious Emotional Disturbance Orthopedic Impairment Autism Traumatic Brain Injury Other Health Impairment Specific Learning Disability And needs special education and related services

A child with a disability means a child having Mental Retardation Hearing Impairment Speech/Language Impairment Visual Impairment Serious Emotional Disturbance Orthopedic Impairment Autism Traumatic Brain Injury Other Health Impairment Specific Learning Disability And needs special education and related services

Not eligible if there isNot eligible if there is

A lack of appropriate instruction in reading (including the essential components of reading)

Lack of appropriate instruction in Math Limited English Proficiency The child does not otherwise meet the

criteria

A lack of appropriate instruction in reading (including the essential components of reading)

Lack of appropriate instruction in Math Limited English Proficiency The child does not otherwise meet the

criteria

Initial Provision…Initial Provision… Parental consent for the initial

evaluation must not be construed as consent for the initial provision of special education or related services.

The parent is required to consent for both the initial evaluation and after the student is eligible, the parent must consent to the initial implementation of the IEP.

Parental consent for the initial evaluation must not be construed as consent for the initial provision of special education or related services.

The parent is required to consent for both the initial evaluation and after the student is eligible, the parent must consent to the initial implementation of the IEP.

Least Restrictive Environment (LRE)Least Restrictive

Environment (LRE) Use of special classes, separate

schooling or other types of removal Occur only when the nature or severity

of a child’s disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

Use of special classes, separate schooling or other types of removal

Occur only when the nature or severity of a child’s disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

LRE Considerations…LRE Considerations… The child with a disability should be educated

in the school (s)he would attend if not disabled Consideration given to any potential harmful

effect on the child or on the quality of the services (s)he will receive

A child with a disabilty must not be removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.

The child with a disability should be educated in the school (s)he would attend if not disabled

Consideration given to any potential harmful effect on the child or on the quality of the services (s)he will receive

A child with a disabilty must not be removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.