Apache Junction Unified School District
SPECIAL EDUCATION

 

TRAVELING THE SPECIAL EDUCATION HIGHWAY
A Parent's Guide to a Safe and Happy Journey
CONTENTS

I.  The First Stop: Child Find and/or Identification
  • Schools must screen each child upon entry to school if the child does not enroll with prior records. The screen may include a review of previous school records, informal curriculum based assessments conducted by the classroom teacher, an evaluation of classroom performance, and classroom observations.
  • If problems are noted, a team of educators may meet to discuss the concerns.  Interventions designed to alleviate the problem may be suggested and implemented.
  • If the interventions do not adequately assist the child, a referral may be made for a more comprehensive evaluation.  This referral will be made to the school psychologist or speech/language pathologist, depending upon the nature of the concern.
II. Moving Right Along: Initial Evaluation and Eligibility Determination
  • Prior to an evaluation, the school district will provide the parent with a written notice of the proposed evaluation, including the reasons the evaluation appears necessary.  No formal evaluation will take place without this notification.
  • Also prior to an evaluation, the district will request parental permission to conduct the evaluation.  As a parent, you may choose to agree with the evaluation and provide the district with a written response to their request, or you may choose not to give your consent and provide a written explanation why you do not want your child tested.
  • If you provide permission, all medical and developmental histories should be given to the school.  This information will be important to the evaluators as they complete their evaluation. Any previous evaluations should also be shared with the evaluation team.
  • Following the evaluation, the multidisciplinary team, of which the parent is a vital member, discusses the evaluation and determines what programming would best assist your child.  It is at this time that the team determines if your child is eligible to receive special education programming.
III. Checking the Map: Who Gets Special Education Services?
Children with one or more of the following disabilities and who require specialized instruction to benefit from his/her education may receive special education.

Categories of Special Education:

  • Autism (A)
  • Emotional Disability (ED)
  • Hearing Impairment (HI)
  • Other Health Impaired (OHI)
  • Specific Learning Disability (SLD)
  • Mild Mental Retardation (MIMR)
  • Moderate Mental Retardation (MOMR)
  • Severe Mental Retardation (SMR)
  • Multiple Disabilities (MD)
  • Multiple Disabilities and Severe Sensory Impairment (MDSSI)
  • Orthopedic Impairment (OI)
  • Speech/Language Impairment (SLI)
  • Preschool Moderate Delay (PMD)
  • Preschool Speech/Language Impairment (PSL)
  • Preschool Severe Delay (PSD)
  • Traumatic Brain Injury (TBI)
  • Visual Impairment (VI)
Related Services: (list is not all-inclusive)
  • Speech Therapy
  • Physical Therapy
  • Occupational Therapy
  • Adaptive Physical Education
  • Audiological Services
  • Orientation/Mobility
  • Braille
  • Interpreter for Hearing Impairment
  • Specialized Transportation
  • School Health Services
  • Assistive Technology
IV. Preparing for the Journey: Creating a Home File
It is important that parents have organized information that enables them to keep their child’s paperwork easily accessible. A suggested format would be in 3-ringed binders with dividers or a box with folders.  The following items should be included in your home file:
  • Get to Know Me – picture/strengths/weaknesses
  • Legal documents – birth certificate/social security number
  • Medical Records/Reports
  • Developmental Records/Reports – evaluations
  • Calendar of Meetings, Appointments
  • Communications –logs of calls, notes, letters
  • Directory of Names and Phone Numbers
  • Current and Past IFSP’s/IEP’s
  • Adaptive Equipment/Medical Equipment List
  • Resources/Articles/Laws
  • Special Events – a scrapbook of milestones, honors, activities
  • A Mini File – a quick reference for day care providers and respite providers.
V.  The Scenic Route: Stop for a View of a Meeting
Suggested conference and school meeting behaviors:
  • BE PREPARED – bring information and questions
  • Sit in the middle of the group
  • Be positive, both verbally and physically
  • Provide facts
  • Use appropriate humor, but avoid nervous laughter
  • Express your opinion clearly
  • State reasons for your position
  • Speak in a tone that can be heard by everyone
  • Listen carefully
  • Look directly at the speaker
  • Sit with a relaxed posture
  • Ask questions and be sure to get answers
  • Ask about rights and responsibilities is they are unclear
  • Include everyone in the discussion or questions
  • Remember: you are a vital member of the TEAM
  • SMILE
VI. Buckle Up: Assistance from an IEP!
If the multidisciplinary team, of which you are a member, determines that your child is eligible for special education services, and Individual Education Plan is developed.

The Purpose of an IEP:

  • Communication vehicle between parents and school.
  • Commitment of resources for the child.
  • Management tool appropriate to learning needs.
  • Compliance and monitoring document
  • Evaluation document on child’s progress.
  • Resolving differences through written documentation.
Before the IEP meeting:
  • Talk to your child about school.
  • Visit your child’s classroom.
  • List your child’s strengths and weaknesses.
  • List the goals you would like your child to achieve.
  • List questions you would like to ask at the meeting.
  • Review your home file and previous IEPs.
  • Know parent rights and/or responsibilities.
  • Be sure to take the following with you to the IEP meeting:
    • Copies of evaluations, medical and therapy reports, or services
    • Notebook and/or home files
    • Notepad with pen/pencil
    • Tape recorder, if going alone and you desire a more accurate recollection of the meeting
    • Spouse, friend or advocate
    During the IEP Meeting:
    • Ask and receive answers to questions.
    • Clarify the educational program that is proposed.
    • Discuss the Least Restrictive Environment for you child.
    • Work as a team to explore options.
    • As for another meeting if there is not a consensus.
    • Request a copy of the IEP document.
    After the IEP meeting:
    • Keep the IEP available to monitor progress.
    • Learn about special education and your child’s disability.
    • State concerns in writing if you did not sign the IEP.
    • Contact parent advocacy groups or local Parent Information Network Specialist.
    When traveling the IEP highway, be sure to remember to:
    • Stay calm and focused on your child
    • Ask questions often, never assuming anything
    • Smile and be a cooperative team member by contributing as much as possible
    A Functional IEP is:
    • Achievable – reasonable expectations for accomplishment from present level of educational performance and annual goals.
    • Meaningful – calculated to receive educational benefits aligned with state and district standards.
    • Practical -  based on the needs of the child.
    • Measurable – progress toward anticipated outcomes.
    • Realistic – determines appropriate placement in the least restrictive environment.
    • Useful – beneficial education and related services.
    • Valuable – determines if a child receives a free appropriate public education (FAPE).
    Remember: parents may bring anyone to the meeting who can provide support or additional information to the team.  IEP teams are required to consider the information from an outside source.  The team is not required to implement the findings or follow the recommendations, but should have all the information available before making decisions. VII.  It’s not the Final Destination: Initial Placement
    If the evaluation and IEP are acceptable, the parent or parents sign a placement statement that allows the child to begin special education services. 

    If there are concerns with the school evaluation, an outside evaluation can be requested at no expense to the family. An outside evaluator should have certification from the Arizona Department of Education to work in public schools.  They should have extensive experience with the necessary testing and the suspected disability. In addition, experience with children is a must. Consult your school district or PIN Specialist for names and numbers of agencies to assist with locating an outside evaluator.

    VIII. Traveling in Style: The Least Restrictive Environment (LRE) (Where will your child be educated?)
    • LRE guarantees that you child will be provided education with non-disabled peers to the maximum extent appropriate and possible.
    • The first consideration will be a placement in the general education classroom environment with supplemental aids and services.
    • Your child will be, if at all possible, served in the school your child would attend if the disability did not exist.
    • Your child will participate with non-disabled peers in non-academic, extracurricular services and activities to the maximum extent possible and appropriate.  Nearly every child should have some participation with non-disabled students.
    You may not always agree with the proposed placement option: Detour to gather more data.  Consult with an advocate or PIN (Parent Information Network) Specialist.  Remember that it is OK to ask questions.  It is OK 
    not to know exactly what to do on every issue.   Give yourself time!
    IX. Pause to Study the Map: Review and Revision of the IEP
    Each year the process of reviewing and revising the student’s IEP is repeated.  The parents receive meeting notices before the IEP meeting and prior written notices after the meeting to record any changes that the IEP has suggested in the student’s plan.

    Progress is the biggest issue.  Your home file should have a copy of the goals and objectives from the current and previous IEPs.  As a parent, at the IEP review it is a good idea to find out how progress was determined and if progress was made.  Bring to the meeting updated medical records and lists of medication changes.  Offer to sign a release for the school to talk to the doctor if medical issues become a focus of the IEP review meeting.

    Reevaluation and Determination of Eligibility:
    At least every three years that a student is in a special education program, the multidisciplinary team, including the parent, must decide whether additional data is needed to determine continued eligibility.  A short report is created based upon the team decision regarding the need for further assessment and a prior written notice is given to the parents describing the team’s decision.  If the team requests additional data, parent consent is required to complete the evaluation.  Once the consent is obtained, an evaluation will be conducted in the specific areas identified by the team; a comprehensive evaluation may not be necessary.  Following the evaluation, the IEP will decide whether or not to continue services in special education.  A new evaluation report is completed and the placement process is repeated.

    X.  Trip Insurance: Parent Rights and Procedural Safeguards
    Several times throughout the special education process, parents are provided with written documentation of their rights regarding special education processes.  These rights are provided in the form of procedural safeguards.  The rights are intended to help parents become fully informed before making decisions, and to offer guidance if the parents should disagree with the direction services are provided.  A condensed version is given here:

    Procedural Safeguards Notice:

    • Right to informed consent on evaluations and placement.
    • Right to be involved in all decision-making.
    • Right to examine records.
    • Right to obtain an independent evaluation.
    • Right to Prior Written Notice.
    • Right to due process.
    • Right to appeal decisions.
    • Right to “stay put” in child’s current placement.
    • Right to information on discipline procedures.
    • Right to voluntary mediation.
    • Right to notification of assigned surrogate parent.
    • Right to information on transfer of rights at age 18.
    • Responsibility to notify school of private placement.
    XI. Exiting the Special Education Highway
    Parents and school personnel have the right to stop the services of a special education student.  If the parent does not agree with the program or feels that their child is not progressing, they can withdraw their agreement for placement. It is the school’s responsibility to be sure that the student still receives a free appropriate education.

    If the school’s evaluation shows that the student is no longer eligible for services, the IEP team has the right to decide on whether to continue the student in the special education placement.  If the student is exiting from special education, a phase-out or transition to regular education may be necessary. A discussion should be held with the IEP team regarding protections under Section 504 of the Rehabilitation Act.  Section 504 is concerned with providing reasonable accommodations for students whose disability significantly effects one or more life activities, such as learning.  A plan can be written to be sure that, due to the disability, the student is not the subject of discrimination within the school setting.  This plan may include modifications that would eliminate the discrimination, but individual services for the student are usually not required.

    The best scenario for removing a student from special education is if the student no longer needs the services.  The IEP team must agree to this decision and the following procedures must occur:

    1.  Prior Written Notice is given to the parents.
    2.  Procedural Safeguard Notice is given to the parents.
    3.  The team considers the need for additional data.
    4.  If additional data is needed, parental consent for a reevaluation is obtained.
    5.  The re-evaluation is conducted.
    6.  The IEP team meets to determine continued placement or exit from special education services.
    XII.  At a Crossroads: What do you do when you can't reach an agreement?

    Mediation VS. Due Process Hearings
    There are times in which the parents and the school district do not agree on some aspect of the special education process. If these concerns become significant problems that need outside assistance in order to resolve them, there are two ways in which they can be handled:

    Mediation – includes mediator and the parties directly involved

    • Participation is voluntary by the parents.
    • The process is free to the parents, with minimal cost to the district.
    • Views are exchanged and discussed by both parties who are in control of dispute.
    • Problem solving through exploring actions is encouraged.
    • Proceedings are cooperative and informal.
    • The goal is improved communication and a satisfactory resolution to the concerns for a “win-win” outcome.
    • Appropriate placement or services for the student results in: (a) an agreement written by both parties, (b) joint ownership of the agreement.
    • Sessions usually last from ½ to 2 days. 
    Due Process Hearing – includes a hearing officer, attorneys and witnesses
    • Either party may initiate a written request.
    • Adversarial, with formal proceedings, where parties are required to argue and defend positions.
    • Failed communication and awkward relationships are a result of due process.
    • Impasse is reached in negotiations and the result is unsatisfactory to either or both parties with a “win-lose” outcome.
    • Substantial expenses are paid by school and by the parents.
    • Three or more days are needed for the hearing, plus preparation time outside the hearing.
    • The hearing officer imposes a binding decision on both parties.

    XIII.  In Case Of A Traffic Jam Along The Special Education Route:
    1.  Stop!!
    2.  Determine the nature of the problem.
    3.  Call the teacher.
    4.  Keep calm – don’t argue.  Exchange ideas with the teacher.
    5.  Jot down what was decided and when the concern should be checked.
    6.  Make a plan to prevent accidents from happening.
    The information contained in this section was adapted from a brochure developed by Karen Santa Maria with funding from the Arizona Department of Education.  The document is a part of public domain.
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