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Topics LawsOverview of 504 Overview of Special EducationOverview of Intervention and
Referral Services (I&RS)Speak Special Ed?Resources
SE
Special Education in New JerseyThe good or bad news:
1. New Jersey (NJ) has one of the highest classification rates in the US of A.
2. New Jersey (NJ) continues to have one of the highest number of students who are in separate and self contained settings.
3. NJ has made some tremendous strides in opening up Public School program to address # 2.
4. Bergen County has put in place partnerships and collaborations with MH Agencies/ CBH and DYFS to appropriately address the needs of students in Public School Settings.
The Laws-Family Educational Rights and Privacy Act (FERPA)
ConfidentialityEthical ResponsibilityOnly persons who have educational responsibilities Discussion of a student in ANY public area is both
illegal and unethicalRecordsAccess to School RecordsWritten parental consent for release of information
Rights are transferred to student at age 18
The LawsSection 504,Rehabilitation Act of 1973Civil Rights Law “Rehabilitation Act of 1973
Title 29; United States Code Section 504“No otherwise qualified individual with a disability in the
United States . . . shall, solely by reason of her or his disability, be:excluded from participation in;denied the benefits of; orsubjected to discrimination
. . . under any program or activity receiving Federal Financial assistance.”
More about this later…………..
The LawsADA - Americans with Disability Act
Protections in school and workAccessible public placesEqual Access Broader scope of protections than any other law Broader definition of a disability than any other law
Not covering this today . . . . .
NCLB-No Child Left Behind
The LawsNo Child Left Behind
Highlights
•Highly Qualified Teacher Rules •Testing and Assessment as it relates to
Students with Disabilities •School’s Adequate Yearly Progress•Schools in Need of Improvement
Not covering this today . . . . .
The LawsIDEIA (Individuals with Disability Education
Improvement Act) 2006- Federal law entitling every student who meets the definition of a “child with a disability” is entitled to a free and appropriate education in the least restrictive environment. IDEA (Individuals with Disabilities Education Act)PL 94-142
1975 Special Education Beetleston Act
In New Jersey Administrative Code, Title 6A,
Chapter 14Special Education is Chapter 14
How New Jersey Implements provisions of IDEAIA 184 pages of code for just 6A:14……..
http://www.nj.gov/education/specialed/reg/
Special EducationInstruction designed to meet the unique
needs of children who have a disability that impacts adversely on educational performance.
Not a place . . . A SET OF SERVICES!
The LawsStates receiving Federal money must provide:
Free & Appropriate education (FAPE) to children who are eligible for special education ages 3-21.
Under the age of three children with disabilities are covered by the NJ Early Intervention (EI) System.
EI eligibility does not = SE eligibility
SPECIAL EDUCATION WAS ALWAYS MEANT TO BE A SET OF SERVICES THAT FOLLOW A STUDENT NOT A PROGRAM!
Free and Appropriate PUBLIC Education
FAPE The right to special education servicesThe right to related servicesThe right to LREThe right to participate in school activities
including extra curricular activitiesThe right to be educated using the NJ CCCS and
assessed using state assessmentThe right to an individualized education based on
need not label or classification
Eligibility for Special Education
IDEIA provides definitions for eligibility, disability categories, etc.
IDEIA lists 13 different disability categories, but only TWO eligibility categories.
Disability must affect child’s educational performance.
How can this happen?
Medical Model and Diagnosis Educational Model and 13 disabilityClassification Class Labels
The confusion begins here!
Medical ModelBased on a medical diagnosis of a disability
as per the DSM and other medical diagnosis, i.e. Cerebral Palsy, etc.
The diagnosis may or may not affect educational performance.
Medical model has many more disability categories than IDEIA
Used more often for 504 and ADA rather than IDEIA
Educational ModelThe criteria: Based on indications that
a disability affects a students ability to progress in school educationally.
Disability does not = Special Education
Class Labels May or may not have to match disability
categories under IDEAIADriven by NJ Special Education Code:# Students in a classWho can teach the classClass location (separate self contained,
resource or in a general education class.
New Jersey (NJ) 2 Eligibility Categories
in NJAC (NJ Administrative Code) 6A:14
Eligible for Speech and Language Services (ESLS)
NJAC 6A:14-3.6
Eligible for Special Education and Related Services (ESERS)
NJAC 6A:14-3.5
Eligibility for Special Education and Related Services How it happens
Not yet! Someone identifies a problem
ParentTeacherOther
Intervention and Referral Services (I&RS) Meeting(s)Each School has an I&RS Team, only required member
is an administrator I&RS Plan DevelopedData collection and time allotment
Interventions and Data Collection started
Eligibility for Special Education and Related Services How it happens
Not yet!
Interventions take place (I&RS plan) Educational BehavioralCounseling Special Education Teacher or LDTC
Consultation Etc. Etc. Etc.
I&RS Team Meets and reviews DATA. Team decides to
1- Continue with interventions2- Refer for Special Education Evaluation(s)
Eligibility for Special Education and Related Services How it happensGetting Closer!
If referral for Special Education Evaluation:Request for an Evaluation (parent, teacher) is
made Planning Meeting is held to determine what if
any evaluations are warranted or can send back to I&RS for further interventions.
Team including parent decides on evaluations to be done
Evaluation(s) are completed
Eligibility for Special Education and Related Services How it happens
Getting even closer! After Evaluations are completed
A Meeting is held to review evaluation results and make a determination if the
1- Student is Eligible for Special Education and Related Services
or2- Student is found ineligible.
Eligibility for Special Education and Related Services How it happens
BINGO!
If student is found eligible a meeting is held to develop Individual Education Plan (IEP)
No student is eligible for Special Education and Related Services without an IEP.
Eligibility for Special Education and Related Services
How it happensEvery step is mandated with time lines and notice
requirementsInitial evaluation to determine eligibility – 90
days from date of referralIf student is found eligible, IEP development –
30 days for date of eligibility determinationAnnual review of IEP – yearlyRe-evaluation – every three years if warrantedNeedless to say EVERYTHING IS
DOCUMENTED WITH WRITTNE NOTICE………
New Jersey (NJ) 2 Eligibility Categories
in NJAC (NJ Administrative Code) 6A:14
Eligible for Speech and Language Services (ESLS)
NJAC 6A:14-3.6
Eligible for Special Education and Related Services (ESERS)
NJAC 6A:14-3.5
Eligible for Special Education and Related Services NJAC 6A:14-3
Special Education Categories Pre-School Disabled (all
3&4 year old children) Specific Learning
Disability (SLD) Cognitive Impairment
(CI) Severe Moderate Mild
Auditory Impaired (Deaf or HOH)
Visual Impairment
AutismCommunication Impaired Multiple Disabilities (MD)Deaf/BlindOrthopedic ImpairmentOther Health ImpairmentEmotionally Disturbed
Disability(ED)Traumatic Brain Injury
Class LabelsBased on NJ Special Education CodeDetermination of student placement made by
the TEAM where the student can best progress and academically, socially, behaviorally, or emotionally or all of the above
Mixed classification categories in one classClass labels do not = classificationNJAC details the size of classNJAC details the number of staff in class
Class Labels
Auditory ImpairmentsAutismBehavioral DisabilitiesCognitive
MildModerateSevereSee page 83 of NJAC 6A:14 for class size
Class LabelsLearning and or Language Disabilities
Mild to ModerateSevere
Multiple DisabilitiesPre School DisabilitiesVisual Impairments
See page 83 of NJAC 6A:14 for class size
Continuum of PlacementsGE ClassGE Class with Support – In class supportPull out support and supplemental instruction
Single subjectMultiple subjects
Replacement Resource RoomSelf Contained Class in a public schoolPublic Special Education Programs (BCSS, SBJ,
etc.)Private Schools for Students with Disabilities
(Sage, IEA, etc.)Day Training (Bergen County Day Training,
Bleshman)Residential
Continuum of PlacementsDistricts are obligated to consider general
education with supports in resident district FIRST. If students needs cannot be met in the district of
residence public school, another public school out of district placement is sought.
If students needs cannot be met in another public school an out of district placement is sought in a private school for students with disabilities. Separate and Segregated.
Sending-receiving relationship- District of residence pays tuition to the receiving school and pays for transportation.
Continuum of PlacementsCosts:
Average Bergen County Private School costs for each student sent to an out of district private school placementTuition Range from $35,ooo to
$120,000Transportation costs – $10,000-
$20,ooo .
Continuum of Placements The district of residence develops the IEP the receiving
school implements the IEP The district of residence assigns a case manager for all
out of district students. The district of residence is responsible for all
evaluations and ensuring the IEP is being implemented
Each Year during the IEP meeting, Least Restrictive Environment MUST be discussed.
For students in out of district placements a discussion on what supports are needed to return a student to district of residence is discussed.
The NJ DOE is asking districts to return students from out of district placements.
….and off we go!
What does this mean anyway?
THE IEP TEAMIEP Team
Case Manager Parent Student School Staff Agencies OthersThe Purpose of the IEP
is to develop a program and identify placements.
Placements cannot be changed with an IEP meeting
Student
Educational Team
Parent
THE IEP Components
PLAAFP Goals and Objectives, Benchmarks, etc Instructional Adaptations and Modifications FBA and ABA Services Testing Related Services Assistive Technology Needs Participation in Extra Curricular Activities Length of School Year and ESY Graduation Requirements Decision Making for LRE, Placements! Residential Placements and Education are NOT
necessarily the same!
The IEPUpdated annually, more if neededTeam makes educational decisions
Team consists of student, parent, case manager, at least one GE teacher, and a SE teacher
The IEPThe IEP identifies how a student’s
progress will be documentedThe IEP identifies language needsThe IEP identifies transition services for
students ages 14+The IEP documents related servicesThe IEP documents assistive technology
services
The IEPThe IEP gives a student’s PLAAFP-
(Present level of academic achievement and functional performance)
Student’s strengths and needs. The IEP identifies the length of the school
day and extended school year (ESY) if needed.
The IEPThe IEP defines graduation requirementsThe IEP may include a behavioral
intervention plan (BIP)The IEP identifies communication needs
including augmentative devices (AAC). Decision for removal from general
educationTransfer of rights at age of majority - 18+
Can you speak Special Ed ?The CST, is going to review the FBA and
the PLAAFP for Jose who is receiving ESL and has ADHD, classified SLD, before discussing LRE for the IEP conference.
If you can’t figure this out think how parents/guardians and kids feel!
Special Education
504
General Education
504 and IDEAIA 504
Not Special Education
Unlimited Eligibility Categories
No testing by School District
Unfunded
IDEIAEligible for Special Education
and Related Services 13 Eligibility Categories
Testing and timelines
Sort of funded
504 Eligibility criteriaDefinition of
“disabled” is CRITICAL
“Disabled” means:Physical or mental
impairment which substantially limits one or more major life activity;
Has a record of such impairment; or
Is regarded as having such an impairment
Physical or mental impairment, alone, is not enough
Difficulty must impair “major life activity
Major Life Activity Caring for one’s selfPerforming manual
tasksWalkingSeeingHearingSpeakingBreathing Working; andLearning
See 34 C.F.R. 104.3(j)
Standard used to determine whether a physical or mental impairment results in a substantial limitation is average performance in the general population
504 Referral can be made by ANYONE
Effect of disability MUST be considered outside of academic performance“good grades” does not mean ineligible“bad grades” does not mean eligible
“Mistake” regarding disability may require services if mistake affects student
504 Disability under Section 504 not always “long
term”Students eligible for Section 504 could have the
following “short term” conditions:Communicable disease sufferers;Temporary disabilities arising from accidents,
etc.;Allergies/asthma;Drug-addicted/alcoholic; andEnvironmental illnesses.
504 Schools must employ identification/eligibility
procedures that ensure students are not:Misclassified; Unnecessarily labeled as having a disability; orIncorrectly accommodated.
IDEA procedural safeguard504 eligibility does not trigger IDEA
classification;Must test and evaluate a student before
classifying/providing special education
504 Sources of Information Sources can include:
Parent data Medical information Independent evaluation
Aptitude and achievement tests Teacher data
Observations as to progress/lack Recommendation Behaviors? Accommodations
Physical condition Social and cultural background Adaptive behavior
504 and Substance Abuse504 discriminates?!Illegal Drug Use
Generally, Section 504 excludes from the definition of a student with a disability any student who is currently engaged in the illegal use of drugs
Alcohol UseGenerally, Section 504 does not exclude users of
alcoholDiscipline
Section 504 does allow for a school to take disciplinary action against students with disabilities using drugs or alcohol to the same extent as students without disabilities
Assistance for treatmentSchool may accommodate for treatment
504 AccommodationsAdministrative burden of the requested adjustment;
Minimal extra time to complete school work, class seating preferences, use of a tape recorder, larger print, lined paper, oral exams, additional set of textbooks, tutoring, excusal from required work, Frequent breaks, Air filters, Paraprofessional;
What Should You Know ?Collaboration with School Personnel is
essential for EACH student you work with.
Services between CBH and Schools should be coordinated. Why?
School Staff must be made aware of BP services.
What Should You Know ?Placement of students is a TEAM
decision. You can and should be part of that team.
Schools are guided by many rules, regulations and policies.
ResourcesParents Rights in Special Education 504 and IDEIA ComparisonsRegional Directors of Special EducationNJ DOE, Bergen County Office
That’s all there is…for today!
