Special Education Advocacy AHRC Advocacy Services January 15

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Special Education Advocacy AHRC Advocacy Services January 15, 2019 Presenters: Paul Hutchinson, Ed. D.

Special Education Advocacy AHRC Advocacy Services January 15, 2019 Presenters: Paul Hutchinson, Ed. D. Katherine Hoy, LMSW 1

Agenda • • AHRC Advocacy Services Essentials of Special Education IDEA – Understanding the

Agenda • • AHRC Advocacy Services Essentials of Special Education IDEA – Understanding the Law is the Key Advocacy Skills AHRC NYC 2019 2 9/10/2020

AHRC Advocacy Services • Intensive Advocacy • Information and Referral • Trainings and Presentations

AHRC Advocacy Services • Intensive Advocacy • Information and Referral • Trainings and Presentations 3 9/10/2020

Advocacy Services n n n n n Initial Consultation Review Documents: IEP and Evaluations

Advocacy Services n n n n n Initial Consultation Review Documents: IEP and Evaluations Rights Explanation Advice and assistance in securing additional evaluations Develop strategies to access the appropriate services Preparation of Documents for DOE services Understanding and Accessing OPT services Office visits, school visits and attending IEP meetings for OPWDD eligible families Representation at Mediation and Resolution, Suspension Hearings and referral to specialists. 4 9/10/2020

Information and Referral n Provide limited information and referrals to families and providers experiencing

Information and Referral n Provide limited information and referrals to families and providers experiencing difficulties related to the provision of special education services. Parent Training and Outreach n n Provide training and workshops to OPWDD eligible families. Trainings and workshop topics include: Advocacy 101 Navigating the DOE Autism Services in the DOE Understanding the IEP 5 9/10/2020

Essentials of Special Education AHRC NYC 2019 6 9/10/2020

Essentials of Special Education AHRC NYC 2019 6 9/10/2020

IEP 504 Plan • IDEA: Federal Special Ed law for disabled children • Federal

IEP 504 Plan • IDEA: Federal Special Ed law for disabled children • Federal civil rights law to stop discrimination (ADA) • 13 disability classifications • Can include any disability that interferes with learning in general education setting • Focus on addressing the special needs child’s ability to learn in general education setting • Parents must consent to evals • IEP team invites the parent to the meeting 7 days in advance • IEP includes goals, services present performance and a class ratio recommendation. • IEP reviewed annually with new mandated evals every 3 years • Parental notification required for changes to the IEP • Parent participation in 504 meeting not required • Not the same legal protections as the IEP • 504 provides services and changes to the learning environment • No timeline for completion of evaluations and the meeting to discuss results 7 9/10/2020

Understanding The Federal Law is the KEY The Individuals with Disabilities Education Act IDEA

Understanding The Federal Law is the KEY The Individuals with Disabilities Education Act IDEA 8 9/10/2020

Key Elements of IDEA • • FAPE - Free and Appropriate Public Education IEP

Key Elements of IDEA • • FAPE - Free and Appropriate Public Education IEP - Individualized Education Program LRE - Least Restrictive Environment DUE PROCESS - Parent’s Rights AHRC NYC 2019 9 9/10/2020

Parental “Due Process” Rights n n Parents have the RIGHT TO BE INFORMED AND

Parental “Due Process” Rights n n Parents have the RIGHT TO BE INFORMED AND KNOWLEDGEABLE about all actions taken on behalf of their child. They have the RIGHT TO PARTICIPATE in all meetings regarding evaluation and placement. PARENTAL CONSENT is required prior to evaluation and placement. RIGHT TO CHALLENGE educational decisions through Due Process procedures. 10 9/10/2020

Exercising Your Parental DUE PROCESS Rights: You can request: n Mediation n Impartial Hearing

Exercising Your Parental DUE PROCESS Rights: You can request: n Mediation n Impartial Hearing n Submit a complaint to the NYSED

Other Resources n n n n n Your school Administration and IEP Team NYCDOE

Other Resources n n n n n Your school Administration and IEP Team NYCDOE Field Support Centers Call : 311 Email: specialeducation@schools. nyc. gov Special Education Advocacy Groups Pro Bono Special Education Law Groups Private Special Education Attorneys Contact CCSE, CEC for District 75 Your local elected officials (City Council, State Representatives, Federal Representatives) 12 9/10/2020

Special Attention Required n n n Related Services Transportation Vocational Suspensions Transition Points n

Special Attention Required n n n Related Services Transportation Vocational Suspensions Transition Points n n Turning 5 Middle School High School Post-Secondary (18 -21 years old) 13 9/10/2020

Advocacy Skills AHRC NYC 2019 14 9/10/2020

Advocacy Skills AHRC NYC 2019 14 9/10/2020

Be Informed Know Your Rights & Be Prepared to Contribute 15 9/10/2020

Be Informed Know Your Rights & Be Prepared to Contribute 15 9/10/2020

Get People’s Names Introduce yourself and ask for contact info People will be more

Get People’s Names Introduce yourself and ask for contact info People will be more responsive to you if they are aware that you know who they are. 16 9/10/2020

BE PERSISTENT Keep Asking! Keep calling! The system counts on the fact that you

BE PERSISTENT Keep Asking! Keep calling! The system counts on the fact that you will give up and go away - but do not! 17

If you are rude or discourteous, you will not be “listened” to or may

If you are rude or discourteous, you will not be “listened” to or may not receive the help you need. Be Polite 18 9/10/2020

Be Organized • • Open, read and save all documents from the DOE immediately

Be Organized • • Open, read and save all documents from the DOE immediately including the envelope. Identify the right decision maker (e. g. principal, psychologist, district rep, psychologist supervisor, CSE administrators, transition coordinator) Keep a log of all your conversations with the school with the date and key words. Keep a calendar with important dates AHRC NYC 2019 19 9/10/2020

Ask Questions If you do not understand something ASK 20 9/10/2020

Ask Questions If you do not understand something ASK 20 9/10/2020

Always Follow the “Chain of Command” Remember Everyone has a Supervisor 21 9/10/2020

Always Follow the “Chain of Command” Remember Everyone has a Supervisor 21 9/10/2020

Put ALL Requests in Writing Create a “Paper Trail” Document important communications Send follow

Put ALL Requests in Writing Create a “Paper Trail” Document important communications Send follow up notes or emails 22 9/10/2020

Be Prepared to Compromise Give a little to get a little A “Win Win”

Be Prepared to Compromise Give a little to get a little A “Win Win” works for everyone 23 9/10/2020

Try to Remain Calm Be aware of your own emotions and keep your composure

Try to Remain Calm Be aware of your own emotions and keep your composure 24 9/10/2020

Seek out Professional Advocates 25 9/10/2020

Seek out Professional Advocates 25 9/10/2020

Most people are never thanked for what they do. This simple gesture matters Say

Most people are never thanked for what they do. This simple gesture matters Say “Thank You” to those who have helped you 26 9/10/2020

REMEMBER YOU ARE YOUR CHILD’S BEST ADVOCATE. YOU BRING YOUR CHILD TO LIFE AT

REMEMBER YOU ARE YOUR CHILD’S BEST ADVOCATE. YOU BRING YOUR CHILD TO LIFE AT THE MEETING!

Contact Information AHRC ADVOCACY TEAM Paul Hutchinson, Ed. D. Director of Advocacy Services 212

Contact Information AHRC ADVOCACY TEAM Paul Hutchinson, Ed. D. Director of Advocacy Services 212 -780 -2792 Katherine Hoy , LMSW Advocacy Program Associate 212 -780 -2534 Joanna Guzman Advocacy Administrations Coordinator 212 -895 -3447 Please refer new cases: Advocacy Hotline – 212 -780 -2799 28 9/10/2020