SPECIAL EDUCATION Presented by Cindy Rodas Education Advocate

SPECIAL EDUCATION Presented by: Cindy Rodas, Education Advocate Megan Stanton-Trehan, Education Attorney

LEARNING OBJECTIVES

You will be able to identify: • Who is an appropriate education rights holder? • Common warning signs that a child might need special education and related services? • How to request a special education assessment? • How to prepare for an IEP meeting?

Foster Youth and Special Education Nearly 1 in 5 students in foster care classified with a disability, twice the rate of the statewide population. Source: Barrat, V. X. , & Berliner, B. (2013). The Invisible Achievement Gap, Part 1: Education Outcomes of Students in Foster Care in California’s Public Schools. San Francisco: West. Ed.

The Truth About Children who Need an IEP All children develop and learn in different ways. Being eligible for special education services does not mean that the child is “dumb” or cannot learn. It means the child learns in different ways, and/or needs specialized services to assist with their learning. Education Manual, Page 2

WHAT IS SPECIAL EDUCATION?

What is Special Education? • Under the Individuals with Disabilities Education Act (IDEA), a child with a disability has a right to special education and related services. The disability must prevent the child from benefiting from their education. 20 U. S. C. § 1400, et seq. , Cal Educ. Code § 56026. • Special education must be individualized to meet a child’s unique needs. A child’s program is described in his or her Individualized Education Program (“IEP”). Cal. Educ. Code § 56031. • A child has a right to a free, appropriate public education (“FAPE). Cal. Educ. Code § 56026. • Eligibility can start as young as 3 -years old, and last through either receiving a high school diploma, or the semester after a child turns 22 -years old. Cal. Educ. Code § 56026. Education Manual, Page 16

WHO HAS THE LEGAL AUTHORITY TO MAKE EDUCATION DECISIONS?

What are education rights? • An Education Rights Holder (ERH) has the legal right to make education-related decisions for a child, including: • Requesting records, • Requesting special education assessments, and • Consenting to special education services and placements in the Individualized Education Program (IEP). • An IEP is a contract between the ERH and the school district for special education services. Education Manual, Page 4

Who can be an ERH? • Biological Parents (from birth) • Automatically: • Legal Guardians • Adoptive Parents • With a court order (JV 535 or minute order) • Prospective Adoptive Parents • Foster Caregivers • Relative caregivers • CASA • Court-trained volunteer • If you are unsure who holds education rights, ask the child’s court- appointed attorney or social worker. Education Manual, Page 4

Prohibited Education Rights Holders Who cannot hold education rights? § Social worker § Probation officer § Group home staff § Therapist § Attorney § School staff

WHAT ARE THE WARNING SIGNS THAT A CHILD MIGHT NEED SPECIAL EDUCATION?

Signs: • Poor grades or attendance • Problems with memory or attention • Difficulty with classroom activities such as writing, reading or doing math • Behavior problems, such as acting out when frustrated or being defiant • Social or emotional problems • Speech and language problems, such as poor vocabulary, sentence structure, or problems pronouncing words/sounds Education Manual, Page 16

Records Request • See Handout 1: Records Request • See Handout 2: Education Records Review Grid Education Manual, Page 5

HOW TO GET HELP?

Requesting An Assessment • What is the standard for assessing a child for special education? A suspected area of disability. This is a very low standard, requiring only a suspicion that a disability may be preventing the child from accessing his or her education. Cal. Educ. Code § § 56301, 56320 • Who can refer a child for a special education assessment? Anyone. Education Manual, Page 17 Cal Educ. Code § 56029,

Requesting an Assessment • How do you make the request? • Submit the request in writing. • See Handout: Assessment Request • What should the assessment request include? • Identify the suspected disability (i. e. areas of educational concern) • Identify assessments needed • ERH contact information

Types of assessments: • Psycho-Educational, including: • Cognitive/IQ • Academic • Psychological processing including visual, auditory, sensory motor and attention processing • Social, emotional, behavioral • Health and physical development including hearing and vision • Speech and language by a speech and language pathologist • Fine motor and/or sensory processing by an occupational therapist • Functional Behavior Assessment • Educationally Related Mental Health Services (ERMHS) Assessment. Education Manual, Page 17

Assessment Timeline • From the date the school receives the written assessment request, it has 15 calendar days respond in writing. Cal. Educ. Code §§ 56043(a), 56321. • Assessment Plan: • The Assessment Plan must include all assessments requested. Cal. Educ. Code § 56321 • Only the ERH can consent to the special education assessments. • The ERH has 15 calendar days to review, sign and return the Assessment Plan to the school. Cal. Educ. Code § 56043(b). • The school has 60 calendar days from the date the signed assessment plan was received to complete the assessments and hold an IEP meeting. Cal. Educ. Code § 56043(c). • Written Refusal Letter: • If the school refuses to assess, it must identify in writing: • Which assessment(s) are being denied • Why the assessment(s) are being denied • What interventions will be used in lieu of conducting the assessments Education Manual, Page 17

Common Assessment Refusals & Rebuttal We don’t think he will be eligible We need to try other interventions first Education Manual, Page 17 He won’t be eligible because of attendance problems. The school must assess every area of suspected disability, even if the child is ultimately found inelegibale for an IEP. He’s too new to the school for us to assess.

PREPARING FOR THE IEP MEETING

Before the IEP Meeting you should: • Request a copy of the assessment reports 5 -business days before the scheduled meeting • Review assessment reports • Discuss the education concerns with the caregiver, ERH, mental health professionals and others working with the child • Bring a list of questions and concerns to the IEP meeting Education Manual, Page 17

PLEASE ATTEND THE IEP WORKSHOP SCHEDULED ON 11/08/16! Learn about what an IEP is; the different kinds of IEP’s; components and much more!

Overview: • Who is an appropriate education rights holder? • Common warning signs that a child might need special education and related services? • How to request a special education assessment? • How to prepare for an IEP meeting?

For more help… If you have exhausted every outlet, seek help. • Ask the minor’s attorney to complete a referral for a 317(e) attorney to be appointed • Call the Alliance for Children’s Rights (213) 368 -6010 or visit our website: www. kids-alliance. org