Created 01/14/06 1

IDEA CHANGES!

Margaret Jakobson-JohnsonManaging Attorney

Protection and Advocacy, Inc.San Diego Regional Office

800 776 5746

Created 01/14/06 2

What DO YOU Want to Get Out of this Presentation? Introduce yourself! What is your experience with the IDEA

changes? Name one thing you want to take away

from this training.

Created 01/14/06 3

After this Session You Will Be Able To name the 5 most important changes in

IDEA Know where to find more information

about the IDEA changes Know what resources are available to

provide advice to parents on the IDEA changes

Created 01/14/06 4

The 5 Most Important Topics Related to the IDEA Changes Assessment Eligibility IEP Discipline Due Process

Created 01/14/06 5

The 5 Most Important Self-Advocacy “How To” Related to IDEAHow to: Ask for an appropriate assessment Get what you want at an IEP Respond to a disciplinary action Request a due process hearing Use other resources

Created 01/14/06 6

Assessment Changes Timeline from the date of parental consent to the

holding of an IEP is now 60 days instead of 50 days

Reassessment must happen every 3 years Parental consent for initial assessments and

reassessments is required unless the parent cannot be located & reasonable efforts were made to find the parent

Requirement that assessments be in the child’s native language was replaced with the requirement that they be given in the language & form most likely to yield accurate information

Created 01/14/06 7

Eligibility A child is not eligible if the basis for eligibility is

lack of appropriate instruction in reading, math or limited English proficiency

Specific learning disability eligibility criteria was changed & districts may do the following: no longer base eligibility on a discrepancy between

ability and achievement (discrepancy model); and Use a process that determines if the child responds to

scientific, research-based intervention (RTI model) as part of the evaluation procedure

Created 01/14/06 8

IEP IEP Team Members IEP Content Transition & the IEP Amending an IEP

Created 01/14/06 9

IEP Team Members Team members can be excused by written

agreement of the parents: If the team member’s area of curriculum or

related services is not be discussed or modified at the meeting, or

The area is being discussed & the team member submits written input to the parent & the IEP team, prior to the IEP

Created 01/14/06 10

IEP Content Short-term objectives are only required for

children taking the alternative assessment of achievement

A description of how progress toward the goals is to be measured & when periodic reports on the progress toward the annual goal will be issued to the parents

If a child is taking state/district-wide assessments of student achievement, the IEP must indicate what accommodations are needed to take the tests

Created 01/14/06 11

Transition & the IEP Transition services must be in the IEP and

in effect by age 16 years old, previously it was age 14 years old

Transition services must include measurable postsecondary goals services including courses of study needed to

assist the child to reach the goals

Created 01/14/06 12

Amending an IEP Parent & school district can agree not to

hold an IEP to change or amend an IEP IEP changes can be made by amendment

rather than rewriting the entire IEP A parent must request a revised/amended

copy of the IEP, it will not be automatically provided

Created 01/14/06 13

Discipline Suspension Expulsion Discipline When a Child Has a Suspected

Disability

Created 01/14/06 14

Discipline/Suspension Students with disabilities are subject to

the same suspension rules as nondisabled students

Except the suspension cannot exceed 10 days without a manifestation determination

Created 01/14/06 15

Discipline/Expulsion A child can be placed in an alternative setting for

45 school days (previously 45 days) for serious offenses

A manifestation determination meeting must consider: if the conduct was caused by or had direct and

substantial relationship to the student’s disability; and if the behavior was the direct result of the district’s

failure to implement the IEP. The prior criteria regarding the student’s ability to understand “right from wrong” and whether the district provided appropriate education services was deleted.

Created 01/14/06 16

Discipline When a Child Has a Suspected Disability A student who is not eligible for special education

may assert IDEA protection if it is determined that the District had knowledge of the disability prior to the behavior

Knowledge of disability can only be established by showing The parents had expressed written concerns to

supervisory/administrative personnel or to the child’s teacher

The parents requested an evaluation, or The teacher or school personnel expressed specific

concerns about a pattern of behavior directly to supervisory personnel

Created 01/14/06 17

Due Process Fair Hearing Filing for a Due Process Hearing Due Process Requests Write a Due Process Request Due Process Resolution Session Should Parents Use the Resolution Session

or Mediation? Postponing a Due Process Hearing Attorney Fees

Created 01/14/06 18

Filing for a Due Process Hearing No agreement at the IEP on special education,

related services or placement Send a request for due process hearing to: Office

of Administrative HearingsSpecial Education Unit1102 Q Street, Fourth FloorSacramento, CA 95814Ph: (916) 323-6876Fax: (916) 322-8014

A copy must be provided to the district Effective October 9, 2006 only issues that are 2

years old or less can be included, previously it was 3 years old or less

Created 01/14/06 19

Due Process Requests The due process request must contain the

following information: The name of the child The child’s residence address The name of the school the child attends A description of the problem and the facts relating to the

problem A proposed resolution to the problem to the extent the

parent knows what would solve the problem The parent should use the OAH Form If the request does not contain enough

information it can be dismissed

Created 01/14/06 20

Write a Due Process Request Juan is 13 years old, has autism and attends Middle School in the

Rocky Mountain School District. Juan is a regional center client. Juan’s 6/1/04 IEP states that he was entitled to Psychological Services once a week for 60 minutes. According to that IEP, Dr. Lu provided those services by giving Juan psychotherapy. Dr. Lu has worked with Juan since he was 4 years old and has an established relationship with Juan. Dr. Lu has successfully helped Juan develop skills to modify his behavior.

At the 6/1/05 IEP meeting the District wanted to change Juan’s Psychological Services to 2 hours per month consultation services by the District Autism Specialist for the Middle School staff.

Juan’s parents do not believe that his Psychological Services should be reduced or changed. Juan needs psychotherapy services in order to give him direct strategies to compensate for the behaviors he exhibits in school, such as inflexible thinking and an inability to self-correct his behavior. They do not think a district Autism Specialist is qualified to provide this level of service nor does she have an established relationship with Juan. They want services to continue.

Created 01/14/06 21

Due Process Resolution Session The district must hold a Resolution Session within

15 days of receipt of the due process complaint unless there is a written waiver by both parties

The Resolution Session does not replace the mediation conference and both parties can agree to use mediation instead

The district can not have an attorney present unless the parent has an attorney present

The parties have 30 days from the date the district receives the complaint to develop a written settlement statement that is legally binding and enforceable

Either party may void the agreement within three business days

Created 01/14/06 22

Should Parents Use the Resolution Session or Mediation? Mediation differs from a Resolution Session in 4

important ways First, in mediation there is a neutral third party to help

the parents and school come up with an agreement, there is not in a Resolution Session

Second, in mediation all discussions which took place in reaching an agreement stay confidential and cannot be disclosed in a subsequent hearing or court case, this is not the case in a Resolution Session

Third, there is no three-business-day time period in which either side can void a mediation agreement, there is for a Resolution Hearing

Fourth, the time line for a final decision in the case continues to run during mediation; that time period stops running during the Resolution Session process

Created 01/14/06 23

Postponing a Due Process Hearing Requires good cause Good cause is generally limited to illness

or other unexpected emergencies An unavailable witness is not good cause A parent should not file for due process

unless all witnesses and documents will be ready approximately 60 days later

Created 01/14/06 24

Attorney Fees There are no attorney fees for attending a

Resolution Session A district may seek fees against the parents and

the parent’s attorney if it can demonstrate to a court that The filing of the complaint was frivolous, unreasonable,

or without foundation The complaint was presented for an improper purpose

such as to harass, unnecessarily delay, or needlessly increase the costs

They continued to litigate after the matter clearly became frivolous, unreasonable or without foundation

Created 01/14/06 25

Resources Protection & Advocacy, Inc.

http://www.pai-ca.org/PUBS/504101.htm California Department of Education

http://www.cde.ca.gov/sp/se/ US Department of Education

http://www.ed.gov/policy/speced/guid/idea/idea2004.html

California Office of Administrative Hearings http://www.oah.dgs.ca.gov/Special+Education/Default.htm