Part 2: Individualized Education Plans (IEPs) for students with ME/CFS in Public Schools - PowerPoint Presentation

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Part 2: Individualized Education Plans (IEPs) for students with ME/CFS in Public Schools

with Lisette Duarte, Disability Education Advocate

2018 Advocacy Webinar Series

www.SolveCFS.org

Thursday, October 18, 2018 | 1:00 PM Eastern

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www.SolveCFS.org

Welcome to the 2018 Webinar Series!

The audience is muted; use the question box to send us questions. Ms. Duarte will address as many questions as time permits at the end of the webinarWebinars are recorded and the recording is made available on our YouTube channel http://youtube.com/SolveCFSThe Solve ME/CFS Initiative does not provide medical or legal advice

About Our Webinars

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Part 2: Individualized Education Plans (IEPs) for students with ME/CFS in Public Schools

with Lisette Duarte, Disability Education Advocate

2018 Advocacy Webinar Series

www.SolveCFS.org

Thursday, October 18, 2018 | 1:00 PM Eastern

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Lisette Medina-Duarte is a bilingual special education advocate, who partly as a result of her experience raising two children with special health needs on the autism spectrum, has developed a passion for working with underserved and underprivileged communities. She has over ten years of professional experience in educational advocacy and disability rights.

Lisette Duarte

Her passion is to amplify voices of stakeholders to change the education landscape so that all students have access to a high-quality education and supports in schools and their community. Currently, Lisette is a contributor and a founding member of La

Comadre

Los Angeles - a blog that is designed to help educate Latinas about school choices and educational resources.

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Individualized Education Plans (IEPs) for students with ME/CFS in Public Schools

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Presented by: Lisette Duarte Parent and Disability Education Advocate

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Webinar Overview:

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We will be covering the following areas:Differences between 504 plans and IEP’sEligibility Requesting an Assessment

Process/ TimelinesDeveloping an IEPThe IEP teamProcedural SafeguardsIndependent Educations EvaluationsSample LettersBeing an effective parent advocate

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Some key comparisons between

IDEA and Section 504

Under IDEA a student must meet specific criteriaUnder IDEA schools must meet federal regulation and timelines Under IDEA there is parental participation, and a yearly Individual Educational Plan (IEP) schools must meet Federal Regulation and timelines

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TYPE OF LAW: DISABILITY DEFINITION

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* ME/CFS will generally fall into OHI (Other Health Impaired)

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IEP assessment

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The development of the Plan

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Assessment timeline

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Comparison of

Parent & Student

Rights in IDEA and 504

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Due Process Rights under IDEA

Requires written consent of parentMust provide impartial hearing for parents who disagree with the identification, evaluation, or placementAn impartial appointee selects an Impartial Hearing OfficerProvides a “stay put” of current IEP, until all proceeding are resolved Enforced by U.S. Department of EducationEnforced by Office of Special Education

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Communication Tips

for Building Strong Partnerships

Use reputable resources when gathering facts.Know who to contact regarding your concerns.Make a list of concerns, questions, possible options and desired outcomes. Practice what you want to say and how to say it.Ask if you don’t understand something that was is said. 14

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Tips for effective advocacy

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IEP Meeting checklist

Organize your documents in a binder

A notepad and pen to take notes (your spouse/partner, advocate or a friend to take notes and support you)  An audio recorder or smartphone recording app if you’ll be recording (make sure you provide 24 hour notice to the District)Student’s current IEP (it is always good to review with a goal progress tracker, progress reports and report cards A list of questions you want to addressWork samples that illustrate progress or concernsNotes about strategies that do or don’t seem to be working Proposed accommodations and suggested SMART goalsAny private evaluations you want to share Request a copy of any documents you sign during the meeting.

A collaborative mindset. 16

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TYPE OF LAW: ELIGIBILITY

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IEP Eligibility

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To be eligible, the individual’s disability hinder the student’s access to the curriculum. To qualify for special education services, a student must:Have a documented disability that is covered by IDEA, andNeed special education in order to access the general education curriculum

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What an IEP Must Contain?

When the members of a child’s IEP team sit down together and consider how the child will be involved in and participate in school life, they must be sure that the resulting IEP contains the specific information required by IDEA, our nation’s special education law. Here’s a brief list of what IDEA requires:

A statement of the child’s present levels of academic achievement and functional performance, including how the child’s disability affects his or her involvement and progress in the general education curriculum;A statement of measurable annual goals, including academic and functional goals;A description of how the child’s progress toward meeting the annual goals will be measured, and when periodic progress reports will be provided;A statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child;A statement of the

program modifications or supports for school personnel that will be provided to enable the child to advance appropriately toward attaining the annual goals; to be involved in and make progress in the general education curriculum and to participate in extracurricular and other nonacademic activities; and to be educated and participate with other children with disabilities and nondisabled children;An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in extracurricular and nonacademic activities;A statement of any individual accommodations that are necessary to measure the academic achievement and functional performance of the child on State and districtwide assessments;(Note: If the IEP team determines that the child must take an alternate assessment instead of a particular regular State or districtwide assessment of student achievement, the IEP must include a statement of why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child; andThe projected date for the beginning of the services and modifications, and the anticipated frequency, location, and duration of those services and modifications.

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What is an IEP?

What’s in an IEP?

Each child’s IEP must contain specific information, as listed within IDEA, our nation’s special education law. This includes (but is not limited to):the child’s present levels of academic achievement and functional performance, describing how the child is currently doing in school and how the child’s disability affects his or her involvement and progress in the general curriculumannual goals for the child, meaning what parents and the school team think he or she can reasonably accomplish in a yearthe special education and related services to be provided to the child, including supplementary aids and services (such as a communication device) and changes to the program or supports for school personnelhow much of the school day the child will be educated separately from nondisabled children or not participate in extracurricular or other nonacademic activities such as lunch or clubshow (and if) the child is to participate in state and district-wide assessments, including what modifications to tests the child needswhen services and modifications will begin, how often they will be provided, where they will be provided, and how long they will lasthow school personnel will measure the child’s progress toward the annual goals.

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Terms to know

as part of the development of the iep

Specially designed instruction: Ways that special education professionals adapt the content, methodology (approaches to teaching certain grade level content), or the delivery of instruction to address the unique needs that result from the child’s disability. Specially designed instruction should also ensure that the eligible child has access to the general curriculum so that he or she can meet the educational standards of the school district that apply to all children. Related services: Supportive services that are required to assist a child with a disability to benefitfrom special education. Related services include transportation, developmental and corrective services, speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation (including therapeutic recreation), counseling services (including rehabilitation counseling), orientation and mobility services, and medical services for diagnostic or evaluation purposes. Related services also include school health services, school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the child’s IEP, social work services in schools, and parent counseling and training.  Supplemental aids and services: Aids, services and other supports that are provided in regular education classes or other education-related settings that enable children with disabilities to be educated alongside nondisabled children to the maximum extent appropriate. Examples of supplemental aids and services might be assistive technologies such as a computer or adapted physical education. 

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What happens at the iep meeting?

The initial IEP meeting to determine eligibility will generally include:

Introductions of those attending A review of the results of your child’s evaluation (Remember, you should have already received a copy of the evaluation report prior to this meeting. If you have not received the evaluation report prior to the meeting, you must be given a copy at the meeting.) A review of any material that you, as the parent, want to have included as part of the determination. This may include results of private screening or testing, reports from a family doctor, or information from private tutors. It is best to provide these materials to school personnel before the meeting so they have an opportunity to review them. Discussion of the evaluation results Determination of eligibility and the educational needs of the student. 22

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You have

the option to Agree to all or parts of the IEP

The law allows you to give partial consent to an IEP—to agree with some parts but not others. A school administrator may say to you, “If you don't sign the whole IEP, we can't give your child any services.” THIS IS NOT TRUE!You can consent to some parts of an IEP while disagreeing with others.One way to give partial consent is to add an addendum to the IEP where you explain what you disagree with.If you give partial consent, the school must implement only the parts of the IEP you consented to.

NOTE* The District must file for Due Process against a Parent when: The Parent DOES NOT CONSENT not consent to portion of the IEP that is necessary for FAPE, or The District REFUSES to pay for an IEE. 23

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REQUESTING AN INDEPENDENT EDUCATIONAL EVALUATION (IEE) AT PUBLIC EXPENSE

If

you disagree with any completed school district evaluation(s), and believe your child needs an objective “2nd opinion,” you have the right to request an “Independent Educational Evaluation (IEE) at public expense.” This means that you request that the school district to pay for an independent, qualified examiner to conduct an evaluation in the same area of evaluation that the school district completed, but that you disagree with. Submit a WRITTEN LETTER to the school district Special Education Director. Keep a copy that is date stamped as proof.A parent does not need to choose an evaluator from a school district list.  When you request an IEE, the school district can respond in only 2 ways: Grant the parent request for IEE and set up a process for payment. File for a Due Process hearing to prove to an Administrative Law Judge (ALJ) at the CA Office of Administrative Hearing (OAH) that the school district evaluation(s) were appropriate. If the District refuses the IEE request, it bears the burden of proof at Due Process since they are the party who is required to file to defend the evaluation(s) with which the parent disagreed. The ALJ, decides whether the district must pay for the IEE, based on the evidence presented.

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Transition Plan & Age of Majority

Transition Planning

Beginning no later than a student’s 16th birthday (and younger, if appropriate), the IEP must contain transition-related plans designed to help the student prepare for life after secondary school.Age of MajorityBeginning at least one year before the student reaches the age of majority, the IEP must include a statement that the student has been told about the rights (if any) that will transfer to him or her at age of majority. The age of majority—the age when an individual is considered an adult—is determined by state law. In most states, the age of majority is 18.At the age of majority, young adults are granted certain legal rights, such as the right to vote, marry, obtain a credit card, consent to medical treatments, make living arrangements, and sign contracts. Each of the 50 states determines what rights transfer to individuals within that state. The Individuals with Disabilities Education Act (IDEA) gives states the authority to transfer educational decision- making rights to students who receive special education services at the age of majority.

FOR MORE INFORMATION https://www.pacer.org/transition/resource-library/publications/NPC-19.pdf 25

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Your IEP TEAM is made up of:

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Comparison of

Parent & Student Rights in

IDEA and 504 27

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Comparison of

Parent & Student

Rights in IDEA and 504

28LRE: The team also makes sure that the student is educated in the least restrictive environment with students who are not disabled. Mitigating measures can be considered when deciding what services are needed, but not considered when deciding whether or not a student is eligible for 504 protections.

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Sample Health Plan as

part of IEPSchool Health Plan should include the following:AccommodationsMedical Needs

Emergency PlanProtocol Instruction for Key PersonnelSchool Health PlanStudents with chronic and complex healthcare needs often require specialized care at school to help ensure their health and safety. An Individual Health Plan may be developed by the school nurse as part of the IEP or a Section 504 Plan to specifically address your child's medical needs in the school setting. When healthcare needs impact the school day, a Health Plan can be written as an accommodation under a 

Section 504 Plan. The school nurse helps identify students whose health needs affect their daily functioning and their ability to access the school curriculum. This usually includes students who:Are medically fragile Require complex health care support Need frequent and / or potential emergency contacts with a school nurse or other provider Have health care needs addressed on a daily basis29

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Sample Health Plan (cont.)

School Health Plan

The school should consider supports needed during the entire school day, including the classroom, physical education, the school bus, field trips, and extracurricular activities. The Health Plan will often require frequent updating as changes in the child's medical condition and needs occur. You can request an 504 Plan meeting at any time to address your concerns and discuss changes in needs. Partnering with your Physicians or Medical Doctors Your physician is key in helping you obtain the school health services and supports your child needs. Ask your child's doctor to help you write the letter to your school to communicate the health services and staffing support necessary for your child to:Receive a free appropriate public education (FAPE).Access the school curriculum Receive benefit from the education program

FAPE: Requires an appropriate plan that is comparable to the education provided to those students who are not disabled.30

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Sample Health Plan (cont.)

Emergency Health Plan 

The Individual Health Plan should include instructions on how to address the child's specific medical needs during an emergency, such as fire drills, power failures and school lockdowns. Access to building exits, the need for additional staff support and emergency response time by school nursing and /or local ambulance service should be considered.31

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Sample Medical Accommodations

Reclining Wheelchair

Rest Breaks / Sensory Accommodations / Recovery SpaceAlternative assignments to physical projectsAlternative submission of assignments (eg. Verbal responses instead of handwriting) Home schoolingPeer note taker / teacher notesShortened assignments / extended timeAssistive Technology (eg. Fit bit, recording device)32

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Sample IEP Accommodations

Absence and Tardiness

Student is allowed to make up missed schoolwork or tests without penalty when medically necessary. Student will receive excused absences for missed school and tardiness when medically necessary. Assignments and Homework Student is assigned a notetaker, when needed. Student is allowed to submit assignment late without penalty during flares or due to medical appointments. Student may submit oral answers to class and homework assignments. Homeroom teacher will contact a parent to pick up homework assignments when student is absent. Student is allowed to dictate homework to a parent, who will write or type assignment. (Parents will sign the assignment when it is dictated.) Books and Materials Student is provided with two sets of books — one set for school and one set for home.

Student is allowed to use built-up pencils and other ergonomic school supplies. Student is provided with photocopies of teacher notes that are written on the board. 33

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Sample IEP Accommodations (cont.)

Breaks

Student is given breaks to move and stretch. Student is allowed a rest period during the day. Electronic Devices Student is allowed to record lectures or dictate homework answers on an audio recorder as needed. Student is allowed to use a laptop in class as needed. Field Trips • Parent is allowed to accompany field trips to assist student with mobility needs. Food and Beverage Student is allowed to keep a water bottle at desk throughout the day. Student is allowed to have snacks during the day if medication should be taken with food. Medical Needs

Student is allowed to leave class to take medications or to see the school nurse as needed. Student will be given a hall pass to keep at all times. Student is provided with a space near nurse’s office that will be not used for “sick children.” Student may use this space to rest, take medication, use hot or cold therapy, etc. Student is allowed to stay with nurse and return to classroom when able or call parents if unable to remain at school. Student may keep hand sanitizer on desk for ongoing use to reduce potential infections. 34

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Sample Letters

Guidance and Templates for IEP and 504 Written Communications 

These letter templates cover 10 situations and stages related to formal education plans.This document from the National Dissemination Center for Children With Disabilities provides useful models for letters to make requests and respond to situations related to 504 and Individualized Education Plans (IEP). You’ll find the following examples:1. Writing to discuss a problem2. Requesting your child’s records3. Writing a follow-up letter4. Writing a positive feedback letter

5. Requesting an initial evaluation or special education services6. Requesting a meeting to review the IEP7. Requesting prior written notice8. Requesting a mediation9. Requesting a due process hearing10. Filing a complaint with a state education agency.View or Download PDF http://www.kidsgetarthritistoo.org/pdfs/educational-rights-tool-kit/KGAT-Toolkit---Sample-Letters.pdf

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Closing Thoughts

An IEP provides more legal protections and academic assistance

A 504 may be a necessary first step towards an IEP or utilized in conjunction with an IEP504 is intended for basic medical/physical accommodations – not curriculum accessibilityChildren with more cognitive symptoms are better candidates for IEP

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Additional Resources

ME/CFS Fact Sheet for Educational Professionals:

https://www.cdc.gov/me-cfs/me-cfs-children/factsheet-educational-professional.htmlME/CFS Fact Sheet for Parents:https://www.cdc.gov/me-cfs/me-cfs-children/factsheet-parents-guardians.htmlCenter for Parent Information and Resources (CPIR) ME/CFS Webpagehttps://www.parentcenterhub.org/me-cfs/ Frequently Asked Questions About Section 504 and the Education of Children with Disabilitieshttps://www2.ed.gov/about/offices/list/ocr/504faq.html Matrix Parent Network

http://www.matrixparents.org"Developing Your 504 Plan” http://www.kidsgetarthritistoo.org/pdfs/educational-rights-tool-kit/504.pdfSAMPLE LETTERS https://dredf.org/special-education/sample-letters/

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