Special Education Law for Children with Disabilities (CDS)
FAPE:
THE SUBSTANTIVE
STANDARD
SPECIAL EDUCATION LAW
FOR CDS
IDEA Process
Locate
Identify
Evaluate
Determine Eligibility
Develop IEP
Make placement in the LRE
Monitor progress
Review/Revise IEP as appropriate
Reevaluate as appropriate
Transition to SAU of residence
FAPE
Procedural
IEP Team
Parent input/participation
Consideration of evaluations, other information
No predetermination
Work toward consensus
Where no consensus, SAU makes an offer of FAPE
SAU implements plan in timely manner
Substantive
FAPE
Rowley (1982)
: “We hold that the state satisfies the
FAPE requirement by providing personalized
instruction with sufficient support services to permit
the child to benefit educationally from that
instruction.”
Access and benefit from their education
Some (non-trivial or more than
de minimis
)
educational benefit
Endrew F. (2017)
A student’s IEP:
“must be appropriately ambitious in light of his
circumstances, just as advancement from grade to
grade is appropriately ambitious for most children in
the regular classroom. The goals may differ, but every
child should have the chance to meet challenging
objectives.”
Lenn v. Portland School Committee
,
998 F.2d 1083 (1
st
Cir. 1993)
“The IDEA does not promise perfect solutions to the vexing
problems posed by the existence of learning disabilities in
children and adolescents. The Act sets more modest goals:
it emphasizes an appropriate, rather than an ideal,
education; it requires an adequate, rather than an optimal,
IEP. Appropriateness and adequacy are terms of
moderation. It follows that, although an IEP must afford
some educational benefit to the handicapped child, the
benefit conferred need not reach the highest attainable level
or even the level needed to maximize the child's potential.”
D.B v. Esposito
,
675 F.3d 26 (1
st
Cir. 2012)
Educational benefit must be “meaningful”
Team must consider “an individual child’s
capabilities and potentialities” when determining if
plan is reasonably calculated to provide meaningful
benefit
After
Endrew F.
First Circuit’s “meaningful educational benefit”
standard comports with
Endrew F.
Already “requires consideration of the individual
child’s circumstances”
“Accordingly, the ‘meaningful educational benefit’
standard remains the standard by which IEPs are
judged in our circuit.”
Johnson v. Boston Pub. Schools
, 906 F.3d 182 (2018)
The IEP
FAPE begins (and often ends) with the IEP.
IEP – 3 parts
Development
Contents
Implementation
IEP Development
People
No FAPE if:
Team doesn’t have the parent
Team doesn’t have people who know the student/know the info
about the student
Team doesn’t have people who know the general curriculum
Team doesn’t have people who know what they are talking about
in the areas of the student’s need
Data/Information
No FAPE if:
Team doesn’t have the necessary information
Team doesn’t use the information it has
IEP Development
MUSER IX.3.C.(1) -- 4 basic considerations:
The strengths of the child
The concerns of the parent for enhancing the education of
their child
The results of the initial or most recent evaluations of the child
The academic, developmental and functional needs of the child
IEP Development
MUSER IX.3.C.(1) – 5 special factors:
Behavior issues – positive behavioral interventions/supports
LEP – language needs as those needs relate to the IEP
Blind/visually impaired – instruction in Braille/use of Braille
unless team determines not appropriate
Communication needs – and for children who are deaf/hard of
hearing language and communication needs and opportunity
for direct communication with peers and professional
personnel in the child’s language and communication mode
Assistive technology devices and services
IEP Contents
8 statutory requirements to be included in the IEP –
MUSER IX.3.A.(1).(a)-(h)
6 pertain to preschool children with disabilities
Core components –
Where child is
Where Team wants child to be by end of period covered by IEP
Plan for assisting the child to get from A to B
IEP Contents
1. Present levels of academic and functional
performance
Information about how the child’s disability impacts
participation in general education curriculum - for
preschoolers (as appropriate), appropriate activities
Opportunity to describe the problems that are obstructing/
interfering/adversely effecting child’s educational performance
Includes academic areas and “non-academic areas” (behavior,
communication issues, mobility, daily life skills)
Sources of information: test scores, evaluations, observations
(formal and informal), reports from people who know the
child, interact with the child on a regular basis
IEP Contents
2. Measurable annual goals (academic and functional)
What the child needs to be able to do to access and benefit
from their education (general curriculum/appropriate
activities)
For children 3-5 – aligned with Early Learning and Development
Standards
Meet each of child’s other educational needs
Need at least one goal for each identified area of need*
Goals are projections based on past achievement/rate of
progress, present levels of performance, prioritization,
sequencing, allocation of time/resources
IEP Contents
Goals should be written at a level that the child (with
supports/services) has a reasonable chance of reaching
Annual – reasonably calculated to be achieved
Why overly-ambitious goals are bad
Why unambitious goals are bad
IEP Contents
Short term objectives: only for students who are
taking alternate assessments
The case for including objectives for preschoolers
The case for not including objectives for preschoolers
IEP Contents
3. Description of how the child’s progress toward
meeting the annual goals will be measured and when
periodic reports on the progress the child is making
will be provided to parents
Measurability matters: IDEA 2004 places an increased
emphasis on accountability,
i.e.
setting measurable goals and
then actually measuring them!
Measurability = monitoring
If student is not progressing at expected rate, IEP Team needs
to meet to consider whether/what to do about it
Adjusting goal v. adjusting services
IEP Contents
4. Statement of the special education and related
services and supplementary aids and services to be
provided
To advance appropriately toward attaining the annual goals
To be involved in and make progress in the general
curriculum/appropriate activities
To participate in extracurricular and other nonacademic
activities
To be educated and participate with other children with
disabilities and non-disabled children
IEP Contents
Based on peer reviewed research to the extent
possible
Includes program modifications or supports for
school personnel
Must be based on the child’s needs, not on the
availability of the services
Bottom line:
this is what the public agency is
binding itself to deliver
IEP Contents
Special education
From IDEA: specially designed instruction is “adapting, as
appropriate to the needs of and eligible child . . . the content,
methodology, or delivery of instruction to address the unique
needs of the child that result from the child’s disability, and to
ensure access to the general curriculum, so that the child can
meet the educational standards . . . that apply to all children.”
MUSER – additional description for children 3-5
Embedding goals into developmentally appropriate activities
Designing learning environments
Planning curriculum/treatment including, interaction of
personnel . . .
Maine includes speech and language services as special
education
IEP Contents
Related services: assist children with disabilities to
benefit from special education
Include:
Audiology, counseling, parent counseling and training,
interpreting/transliteration services, orientation and mobility,
medical services (diagnostic and evaluation purposes only),
OT, PT, psychological services, recreation, rehabilitation and
counseling, school health/school nurse services, social work
services, assistive technology, SLT, transportation, case
management, BCBA
Cedar Rapids v. Garret F
., 526 U.S. 66 (1999)
IEP Contents
5. An explanation of the extent to which the child will
not participate with non-disabled children in the
activities described in the regular class and in
extracurricular/non-academic activities
This is the LRE statement
Description
of the child’s educational placement
IEP Contents
6. The projected date for the beginning of the services
and modifications and the anticipated frequency,
location, and duration of those services and
modifications
Maine: must be within 30 days of determination of eligibility
Maine: must reconvene if unable to implement within 30 days
of development of IEP
Location does not mean provider
IEP Contents
The other 2 pieces for older children . . .
How the child is going to participate in state/local assessments
(accommodations, modifications, alternate assessment)
Transition services
IEP Implementation
Must actually deliver the program described in the
IEP
Delivery is not required to be perfect
If something isn’t working, must demonstrate some
sort of response
#FAPEcat’s secret code
FAPE12142020
Special Education Law for Children with Disabilities (CDS) emphasizes the FAPE standard, IDEA process, and FAPE requirements such as procedural aspects, substantive standards, and the provision of meaningful educational benefits. Court cases like Rowley (1982) and Endrew F. (2017) have shaped the implementation of Individualized Education Plans (IEPs) to ensure ambitious goals tailored to each student's circumstances. The focus is on providing an appropriate and adequate education to children with learning disabilities while considering their individual capabilities and potential for educational benefit.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
You are allowed to download the files provided on this website for personal or commercial use, subject to the condition that they are used lawfully. All files are the property of their respective owners.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.
E N D
Presentation Transcript
SPECIAL EDUCATION LAW FOR CDS FAPE: THE SUBSTANTIVE STANDARD
IDEA Process Locate Identify Evaluate Determine Eligibility Develop IEP Make placement in the LRE Monitor progress Review/Revise IEP as appropriate Reevaluate as appropriate Transition to SAU of residence
FAPE Procedural IEP Team Parent input/participation Consideration of evaluations, other information No predetermination Work toward consensus Where no consensus, SAU makes an offer of FAPE SAU implements plan in timely manner Substantive
FAPE Rowley (1982): We hold that the state satisfies the FAPE requirement by providing personalized instruction with sufficient support services to permit the child to benefit educationally from that instruction. Access and benefit from their education Some (non-trivial or more than de minimis) educational benefit
Endrew F. (2017) A student s IEP: must be appropriately ambitious in light of his circumstances, just as advancement from grade to grade is appropriately ambitious for most children in the regular classroom. The goals may differ, but every child should have the chance to meet challenging objectives.
Lenn v. Portland School Committee, 998 F.2d 1083 (1stCir. 1993) The IDEA does not promise perfect solutions to the vexing problems posed by the existence of learning disabilities in children and adolescents. The Act sets more modest goals: it emphasizes an appropriate, rather than an ideal, education; it requires an adequate, rather than an optimal, IEP. Appropriateness and adequacy are terms of moderation. It follows that, although an IEP must afford some educational benefit to the handicapped child, the benefit conferred need not reach the highest attainable level or even the level needed to maximize the child's potential.
D.B v. Esposito, 675 F.3d 26 (1stCir. 2012) Educational benefit must be meaningful Team must consider an individual child s capabilities and potentialities when determining if plan is reasonably calculated to provide meaningful benefit
After Endrew F. First Circuit s meaningful educational benefit standard comports with Endrew F. Already requires consideration of the individual child s circumstances Accordingly, the meaningful educational benefit standard remains the standard by which IEPs are judged in our circuit. Johnson v. Boston Pub. Schools, 906 F.3d 182 (2018)
The IEP FAPE begins (and often ends) with the IEP. IEP 3 parts Development Contents Implementation
IEP Development People No FAPE if: Team doesn t have the parent Team doesn t have people who know the student/know the info about the student Team doesn t have people who know the general curriculum Team doesn t have people who know what they are talking about in the areas of the student s need Data/Information No FAPE if: Team doesn t have the necessary information Team doesn t use the information it has
IEP Development MUSER IX.3.C.(1) -- 4 basic considerations: The strengths of the child The concerns of the parent for enhancing the education of their child The results of the initial or most recent evaluations of the child The academic, developmental and functional needs of the child
IEP Development MUSER IX.3.C.(1) 5 special factors: Behavior issues positive behavioral interventions/supports LEP language needs as those needs relate to the IEP Blind/visually impaired instruction in Braille/use of Braille unless team determines not appropriate Communication needs and for children who are deaf/hard of hearing language and communication needs and opportunity for direct communication with peers and professional personnel in the child s language and communication mode Assistive technology devices and services
IEP Contents 8 statutory requirements to be included in the IEP MUSER IX.3.A.(1).(a)-(h) 6 pertain to preschool children with disabilities Core components Where child is Where Team wants child to be by end of period covered by IEP Plan for assisting the child to get from A to B
IEP Contents 1. Present levels of academic and functional performance Information about how the child s disability impacts participation in general education curriculum - for preschoolers (as appropriate), appropriate activities Opportunity to describe the problems that are obstructing/ interfering/adversely effecting child s educational performance Includes academic areas and non-academic areas (behavior, communication issues, mobility, daily life skills) Sources of information: test scores, evaluations, observations (formal and informal), reports from people who know the child, interact with the child on a regular basis
IEP Contents 2. Measurable annual goals (academic and functional) What the child needs to be able to do to access and benefit from their education (general curriculum/appropriate activities) For children 3-5 aligned with Early Learning and Development Standards Meet each of child s other educational needs Need at least one goal for each identified area of need* Goals are projections based on past achievement/rate of progress, present levels of performance, prioritization, sequencing, allocation of time/resources
IEP Contents Goals should be written at a level that the child (with supports/services) has a reasonable chance of reaching Annual reasonably calculated to be achieved Why overly-ambitious goals are bad Why unambitious goals are bad
IEP Contents Short term objectives: only for students who are taking alternate assessments The case for including objectives for preschoolers The case for not including objectives for preschoolers
IEP Contents 3. Description of how the child s progress toward meeting the annual goals will be measured and when periodic reports on the progress the child is making will be provided to parents Measurability matters: IDEA 2004 places an increased emphasis on accountability, i.e. setting measurable goals and then actually measuring them! Measurability = monitoring If student is not progressing at expected rate, IEP Team needs to meet to consider whether/what to do about it Adjusting goal v. adjusting services
IEP Contents 4. Statement of the special education and related services and supplementary aids and services to be provided To advance appropriately toward attaining the annual goals To be involved in and make progress in the general curriculum/appropriate activities To participate in extracurricular and other nonacademic activities To be educated and participate with other children with disabilities and non-disabled children
IEP Contents Based on peer reviewed research to the extent possible Includes program modifications or supports for school personnel Must be based on the child s needs, not on the availability of the services Bottom line: this is what the public agency is binding itself to deliver
IEP Contents Special education From IDEA: specially designed instruction is adapting, as appropriate to the needs of and eligible child . . . the content, methodology, or delivery of instruction to address the unique needs of the child that result from the child s disability, and to ensure access to the general curriculum, so that the child can meet the educational standards . . . that apply to all children. MUSER additional description for children 3-5 Embedding goals into developmentally appropriate activities Designing learning environments Planning curriculum/treatment including, interaction of personnel . . . Maine includes speech and language services as special education
IEP Contents Related services: assist children with disabilities to benefit from special education Include: Audiology, counseling, parent counseling and training, interpreting/transliteration services, orientation and mobility, medical services (diagnostic and evaluation purposes only), OT, PT, psychological services, recreation, rehabilitation and counseling, school health/school nurse services, social work services, assistive technology, SLT, transportation, case management, BCBA Cedar Rapids v. Garret F., 526 U.S. 66 (1999)
IEP Contents 5. An explanation of the extent to which the child will not participate with non-disabled children in the activities described in the regular class and in extracurricular/non-academic activities This is the LRE statement Description of the child s educational placement
IEP Contents 6. The projected date for the beginning of the services and modifications and the anticipated frequency, location, and duration of those services and modifications Maine: must be within 30 days of determination of eligibility Maine: must reconvene if unable to implement within 30 days of development of IEP Location does not mean provider
IEP Contents The other 2 pieces for older children . . . How the child is going to participate in state/local assessments (accommodations, modifications, alternate assessment) Transition services
IEP Implementation Must actually deliver the program described in the IEP Delivery is not required to be perfect If something isn t working, must demonstrate some sort of response
#FAPEcats secret code FAPE12142020
