Inclusion
of Students with Special Needs:
Information
About the Law
Introduction
to IDEA Legislation
Evaluation
of student's needs
When the
student is a candidate for evaluation, the school district must fully
evaluate the student and arrive at a decision pursuant to WAC 392-172-108.
The evaluation
must be made within 35 school days after written consent for an evaluation
has been made by the parent(s) or adult student or after the refusal
of the parent(s) or adult student to grant consent has been overridden
pursuant to a hearing (or appeal) in accordance with WAC 392-172-350
et seq. The parents or adult student and district may agree to another
time as long as it is documented by school authorities, including specifying
the reasons for extending the timeline. WAC 392-172-104.
When the
parent(s) or adult student disagrees with the evaluation, they may request
an independent educational evaluation at the school's expense.
The parent or adult student must notify the school district as per the
requirements in WAC 392-172-150.
Every
student must be reevaluated at least once every three years, or more
frequently if conditions warrant. The student must also be reevaluated
upon request of the parent or adult student, teacher, or individualized
education program team. WAC 392-172-182.
For more
information regarding the content of evaluations and evaluation procedures,
refer to WAC 392-172-100 et seq.
Individualized
Educational Programs (IEP)
Within
30 days from when the evaluation is complete, a meeting must be held
to develop the student's individualized education program (IEP). Every
year thereafter, a meeting must be held to revise and review the student's
IEP. 34 CFR Sec. 300, et seq., WAC 392-172-156.
a. Participants.
The meeting must include: a representative of the district, other than
the student's teacher, who is qualified to provide or supervise the
provision of special education services and is authorized to commit
district resources; the student's general classroom teacher or special
education teacher or therapist; one or both of the student's parents;
the adult student; the nonadult student, if appropriate or if transition
services are being considered; a member of the student's multidisciplinary
team or person knowledgeable about the evaluation procedures used with
the student and results thereof; a person knowledgeable about the service
options; other individuals allowed at the discretion of the district
or parent. WAC 392-172-153.
b. Contents.
The IEP is a written statement that includes (1) a statement of the
child's present levels of educational performance; (2) a statement of
annual goals including short-term, instructional objectives; (3) a statement
of specific special education and related services to be provided and
the extent to which the child will be able to participate in general
educational programs, including physical education; (4) a statement
of the needed transition services as defined in WAC 392-172-060; (5)
the projected dates for initiation of services and the anticipated duration
of services and; (6) appropriate objective criteria and evaluation procedures
and schedules for determining on at least an annual basis, whether the
short-term, instructional objectives are being achieved. WAC 392-172-160(1).
Further,
more detailed, requirements regarding the IEP requirements may be found
in WAC 392-172-153, et seq.
Understanding
the IEP Process
IDEA
Practices
Individuals with Disabilities
Education Act Public Law 105-17 Federal Resource Center
Wisconsin
Education Association Council: Educational Issues Series: Inclusion
Report
includes overview of legislation and court cases, a glossary of terms,
a brief review of current research, some recommendations, and a reading
list.
Study
of Personal Needs in Special Education (SPeNSE)
Part
of a national assessment of the Individuals with Disabilities Education
Act mandated by Congress.
No
Child Left Behind Act
No
Child Left Behind Act
"My
Child's Special Needs" page from the U.S. Dept of Education
National
Dissemination Center for Children with Disabilities
Serves as a central source of information on:
Federal
Resource Center for Special Education (FRC)
The FRC is a special education technical assistance project funded
by the U.S. Department of Education's Office of Special Education and
Rehabilitative Services, and is part of the Regional Resource and Federal
Centers Network. Find publications, technical assistance, and links
to regional centers.
The Federal Resource Center for Special Education
1875 Connecticut Avenue NW Suite 900
Washington DC 20009
voice: 202-884-8215 TDD: 800-695-0285
Fax: 202-884-8443
E-mail: frc@aed.org
Study
of Personal Needs in Special Education (SPeNSE)
Part
of a national assessment of the Individuals with Disabilities Education
Act mandated by Congress.
Legal
Associations
American
Bar Association: Mental and Physical Disability Law
Link
to lists of resources available from the American Bar Association.
EDLAW,
Inc.
The
EDLAW Center is a nonprofit organization established to provide assistance
on a systemic level to attorneys who represent parents of children with
disabilities. Look for publications and updates on current legal issues.
Advocacy
Organizations: Legislative Alerts, Assistance to Schools
- Center for Law and Education
Advocacy
organization and national support center with expertise in the legal
rights and responsibilities of students and school personnel. CLE
offers information about key education programs and initiatives,
including Title I, vocational education programs and school to work
systems, and special education for students with disabilities. Their
work includes assistance to schools and students in these areas:
Standards-based reform; high school restructuring (including vocational
reform); implementation and enforcement of the rights of students
with disabilities; parent and community involvement. Send for their
School Improvement Catalog of publications.
Wrightslaw
Parents,
advocates, educators, and attorneys come to this website for
accurate, up-to-date information about effective
advocacy for children with disabilities.
Position
Papers: Advocacy and Government Organizations
Learning Disabilities Association
Position Statements include information on LDA's position on Inclusion
and on IDEA.
Children
With Diabetes: School Bill of Rights for Children With Diabetes
Introduction
to 504 Legislation
Section
504: It Is Not "Unfunded" Special Education
Nakonia
(Niki) Hayes
Mention the term Section 504 and you get a wide range of reactions
from educators, few of which are positive in nature or understanding.
Not surprising, the resistance to and ignorance of Section 504 and how
this federal act can be used to offer assistance to students, is now
creating litigious nightmares for school districts and teachers across
the nation. Niki Hayes shares a list of potential accommodations, an
argument on why teachers need training in 504, a brief history of Section
504, and a working definition of the law.
To
Accommodate, To Modify, and To Know the Difference: Determining Placement
of a Child in Special Education or "504" Nakonia (Niki)
Hayes
Explaining and understanding the differences between accommodations
and modifications in the school setting can help determine the most
effective and appropriate placement for students who are deemed eligible
for special help. Niki Hayes gives examples of modifications and accommodations
to help us determine the most appropriate placement for a child.
This
information is provided by:
Office of State Superintendent of Public
Instruction
Special Education
P O Box 47200
Olympia, WA 98504-7200
(360) 725-6088
Fax (360)586-1631
E-mail:
dgill@ospi.wednet.edu
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