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Effective Advocacy for Youth with Disabilities Involved with the Juvenile Justice System
PROCEDURE FOR RECEIPT OF SPECIAL EDUCATION SERVICES:
By: Megan Ingle
1. IDENTIFICATION:
A child may be identified as having special needs at any time during his/her educational experience.
2. REFERRAL:
Often the student will be referred to Special Education by a teacher, but the referral can also come from a parent.
3. EVALUATION
An initial evaluation should include testing by a psychologist and a written full report of the testing results. The reports should include information from teachers, speech and language pathologists. Performance of vision and hearing screenings is often required prior to testing.
4. ELIGIBILITY
Sometimes referred to as MDC (Multi-Disciplinary Conference) or Placement Meetings. At this meeting the child’s eligibility for Special Education is determined. Initial placement will be discussed and usually decided. The psychological report will be discussed along with all other reports that were performed.
5.
CREATION OF A INDIVIDUALIZED EDUCATION PLAN (IEP):
The initial IEP (or an interim IEP) will generally be written during the Placement Meeting
Discussion should include, but not limited too:
- least restrictive environment
- Amount of time to be spent in Special Education
- Amount of time to be spent in regular education
- Goals and objectives for the particular student
- Methods and dates of evaluation
6. REEVALUATION:
Each year the school team will review the old IEP and write a new IEP, the parent is always notified of this meeting and their opportunity to participate in the meeting.
Every three years, the student should be reevaluated for his/her eligibility to continue in the Special Education program.
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Outline: Is arranged to match due process checklist
Special Education
Definitions related to Special Education and Due Process:
ELIGIBILITY: A child must meet eligibility standards, in at least one of thirteen
categories, and show the disability adversely affects the child's educational
performance. Each eligibility category has different standards.
STUDENT SUPPORT TEAM : Information documents need for special education
referral.
EVALUATION: Referral of the child usually comes from someone at the school,
although it can also come from the parent.
The school must request permission from the parent or legal guardian,
to do the initial evaluation of the child. If the parents agree in writing, the
evaluation should be completed within 60 days excluding school holidays. A
school psychologist usually does the evaluation as far as the testing is
concerned. Other reports can come from teachers, school counselors, speech
pathologist or other specialist, and parents concerning evaluation.
If parents do not agree to an evaluation, the school may request a hearing for
permission to do the initial evaluation. If parents do not agree with the results
of the school's evaluation, they have a right to seek and secure independent
testing by someone who is not an employee of the school. The school must
pay for the independent testing unless the school immediately requests a
due process hearing and the hearing officer decides the school's
evaluation is correct.
REEVALUATION: School must obtain parental consent for 3 year reevaluation
and testing of a student.
HEARING AND VISION SCREENING : Should be done or has been done within a
reasonable time before the evaluation.
PSYCHOLOGICAL EVALAUTION: A psychological report based on tests given by a
Psychologist will be available at the meeting.
ELIGIBILITY REPORT: A report that will identify what areas the student would
benefit through special services, what classification the student is eligible
under and who it was prepared by.
PARENTAL NOTIFICATION: Parent notification of an upcoming IEP meeting should
be given 10 days in advance. This notice should include the date, time
purpose for the meeting, location of where the meeting is to be held, and who
is invited to the meeting (which can include a variety of participants, as well
as the student and the parent).
A. If the parent attends the meeting, he /she should receive copies of all
documents and copy of Parents’ Rights. (needs to be documented)
B. Need parental consent for placement.
C. If the parents do not attend the meeting, they should receive a copy of the IEP as well as a copy of the minutes before services begin.
PARENT RIGHTS : Parents should receive a copy of a Parent’s Rights pamphlet
when they receive the notice of the meeting or at the meeting.
INDIVIDUALIZED EDUCATION PLAN (IEP): The IEP is developed at a committee meeting in
which the parents are invited to attend, as well as a regular education teacher
and any other members of the committee the school district has designated.
The IEP may include services such as speech therapy or physical therapy
among other services.
The IEP also could possibly include: oral testing rather than written testing for
dyslexic or blind students, modified homework assignments for students with
specific learning disabilities or a behavior management for a student with a
behavior disorder. The IEP will also address if the student will participate in
Regular or Adapted physical education classes.
For all students 14 yrs or older, the IEP will begin to develop a plan that will
help the student prepare for post secondary education, community life and/or
employment after graduating from school. The IEP must include transitional
services based on the students needs when the student reaches 16 yrs old,
that may include self-help skills, vocational skills and other areas that will help
the student to transition successfully from school to work and independent
living.
The IEP will be reviewed annually. Parents will be invited to attend and should
be given 10 day notice before the meeting. School personnel as designated
by the school will also attend to discuss if the student has reached any of the
goals set the previous year, to adjust goals, or add new goals. The parent
can participate in setting these goals. This is also an excellent time for
parents to share strategies that work at home for certain problems or
concerns or discuss any concerns they have about their child’s education.
Individualized Family Service Plan (IFSP)- The IFSP, includes physical therapy,
occupational therapy, speech and language therapy for children birth to age 3.
Also available is parent training, transportation and other services agreed on
in the IFSP. Parents may seek these services by contacting Babies Can't
Wait, (800) 229-2038.
INTERIM IEP—a Parent or teacher can request an interim IEP meeting at any
time during the school year to address new concerns or expectations or goals.
PARTICIPATION: All those attending the IEP meeting will sign in including the
parents and the student if he chooses to attend.
ADA - Americans with Disabilities Act, applies to every daycare center, public and private elementary schools, middle and high schools, every college and university, even if the facility receives no federal funds. Exceptions are schools which are religious in nature. The ADA requires schools to make reasonable accommodation and modifications for persons with disabilities.
Under ADA a person with a disability is one who: 1) has a mental or physical impairment that substantially limits that person in a major life activity; 2) has a record of such an impairment; or 3) who is regarded as having an impairment.
IDEA - Individuals with Disabilities Act
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Items That Should Be Discussed at the IEP Meeting:
LEAST RESTRICTIVE ENVIRONMENT
Least Restrictive Environment pertains to the segregation of the special
needs student from the regular education environment. It is mandated by law
that the student be placed in the least restrictive environment, meaning the
student should be integrated into regular education classes and activities
whenever possible, as long as the student can still achieve success.
IEP minutes should contain options considered, options rejected and a final
placement decision along with reasons that this placement is the least
restrictive environment that is appropriate for this student. The IEP minutes
should also explain the extent, if any, that the student will not participate with
non-disabled peers.
THE AMOUNT OF TIME SPENT IN REGULAR EDUCATION
How much time the student is in Regular Education. It is usually indicated by hours or minutes per week. It
will also be noted what classes, or times the student is part of the regular
education population of students. The IEP will also address who will provide
the time in regular education and how long this is projected to last. (usually a
year)
THE AMOUNT OF TIME IN SPECIAL EDUCATION OR RELATED SERVICES
Time the student spends in Special classes or Related Services is generally
expressed in either hours or minutes per week. The IEP will also address the
duration of services, how long they are expected to last and the initiation of
the services, if a parent is not in attendance the initiation date will be
projected. The IEP will also list what classes the student will be taking though
special education , who will provide the service and where the service will be
provided. According to the Least Restrictive Environment, sometimes the
correct assistance level of assistance can be accomplished through the
student attending regular education classrooms with special adjustments.
MEDIATION-
When a parent disagrees with the school about evaluation, eligibility, or placement, among other issues, the parent has a right to free mediation. An impartial mediator helps the parent and school reach an agreement.
DUE PROCESS HEARINGS-
A formal proceeding where rules of evidence apply. Parents should consult with an attorney if possible. If a parent disagrees with the administrative judge's decision, they can appeal in State or Federal court. Forms requesting a Due Process Hearing can usually be obtained from the Special Education Director. While waiting for a Due Process Hearing, usually the child must remain in the current placement until the parents and school agree otherwise. If an administrative judge decides the child is eligible for special education and related services, the school must develop an IEP for the child while legal proceedings are pending.
DISCIPLINE:
Generally the school may not impose an out-of-school suspension of a student with disabilites for no more than 10 consecutive school days. For any out-of school suspensions for more than 10 consecutive school days, of a child with disabilities, the school must hold a
meeting, in which the parent is invited, to decide whether the conduct for which the child is being disciplined is a result of his/her disability. If the
conduct is not the result of the child's disability then the school may discipline the student with disabilities as they would any child without
disabilities, including long term suspensions or expulsions. If the school
decides to suspend a student with disabilities for more than 10 consecutive
school days, the school is required to provide the child with educational
service. An exception is made for any offense that deals with drugs or
weapons, in that case the child may be placed in an interim alternative
educational setting that can last up to 45 days.
MULTI-DISCIPLINARY CONFERENCE:
Usually done for initial placement and re- evaluations of the student. This meeting may include among others: a school
psychologist, the principal or special education coordinator, special education
teacher, a regular education teacher, any therapist that would be involved with
the child such as Speech therapist, parents and any others deemed
necessary.
REGULAR OR SPECIAL TRANSPORTATION:
This will be discussed at the IEP meeting, and if the student needs special transportation then the school will provide it.
EXTENDED SCHOOL YEAR
Should be considered on an annual basis and determines if the student needs summer school in order to continue to be successful in school.
STUDENT PROGRESS REPORTING:
The means and the amount of reporting are discussed at the IEP meeting. There are a large variety of ways to accomplish this, usually done when report cards are due. Parents can have input if they wish to receive some type of reports from the school besides the normal reporting periods when report cards come out.
PRESENT LEVEL OF PERFORMANCE
Present Level of Performance: describes at what level the student is
performing at in a given subject such as a grade level rating, along with a
description of the disability and/or effect on educational performance. It
should include the most recent educational evaluation and a description of
strengths and weaknesses. It should also contain how the disability effects
progress of the student in the general education program, along with the
concerns of the parents.
CONSIDERATION OF SPECIAL FACTORS
Any special needs that interfere with the student’s learning, such as visual impairment, deaf or hard ofhearing, language or behavior among a variety of others. If behavior is a
special factor then student will have a BIP (Behavior Intervention Plan, see
number 16 below).
MEASURABLE GOALS:
Annual goals should be stated in positive terms that can be measured by grades, teacher charting, observation or a combination of methods. The parent may also contribute information on whether goals dealing with behavior are being met. Goals should relate to the particular student’s needs and the IEP should reflect if the student obtained the goals listed when reviewing the IEP for the next IEP meeting. If the goals were met then new goals should be written for the new IEP. If the goals were not
met then it should be noted how far the student did progress in meeting the
goal, what difficulties caused the student not to be able to meet the goal and
options for attaining the goal in the new IEP.
Objectives: A sub-part of the goal are short term objectives. For each
goal, there may be several short term objectives that make up parts of the goal. Each short term objective should have projected dates for review included in the objective, often the review dates coincide with report card dates.
The objectives should also contain mastery criteria such as: X will recite the alphabet correctly 80% of the time, or X will be prepared for class 7 out of 10 times. When these objectives have been met then the IEP should be marked as such. If a majority of the objectives and goals are reached before the next IEP meeting is due then an interim IEP should be held to address new goals and objectives.
The objectives should also contain the methods that will be used to evaluate if the student has achieved mastery of the objectives. Some of the more common methods of evaluation are: grading of daily work, homework, tests, charting behavior, observation of behavior,and logging information on either a daily or weekly basis.
Goals and objectives should enable the student to be involved with his progress in the IEP and the curriculum. If the goals or objectives prove to difficult or frustrating for the student to reasonably meet they should be adjusted if possible so that the student can succeed.
Classroom/Program Modifications for each goal or objective. Any
modifications to the curriculum, classroom or program should be listed
with the goal or objective that it corresponds to. Examples of
modifications are: student will take reading class in resource room or
special education room, student will take tests orally, rather than written
with teacher reading questions , or a student may go to resource room to
take exams, student may need one-on-one assistance, reduced
assignments, daily behavior form signed by parent, student will attend
class with team teaching, are just a few of the possibilities. The
modification can pertain to any supplemental aids or services, grading,
classroom instruction, Statewide Testing, and extracurricular activities.
Regular education teachers are informed of the modifications and their
responsibilities to implement the modifications of a particular student.
Any regular education teacher that has a student that has an IEP must
comply with the IEP in the regular classroom.
TRANSITION SERVICES:
By the age of 14 the IEP should address the student’s course of study, which includes if the student plans on going to college, to work after school, to tech school and what occupations they are interested in. By age 16 there should be a Transition Plan attached as part of the IEP.The Transition Plan addresses the student’s educational instruction, any related services the student is receiving, community experiences, employment experiences or employment training, other post-school living objectives. The Transition Plan will also address, if appropriate a student’s daily living skills, self-help skills, interests, special needs or assistance, and a functional vocational evaluation. The Plan will include what agencies are responsible for assisting the student post graduation for example: in matters of housing or assisted living and employment (such as sheltered employment).
Due Process Rights as outlined here are required to pass to student at age
17 or the age of majority.
BEHAVIOR INTERVENTION PLAN (BIP)
This plan targets certain behaviors that are disrupting the learning of the student and/or others. Once the target behaviors are identified then positive behavioral intervention strategies are identified as well as positive supports. Consequences for each behavior are also identified. The plan is used when the target behavior appears. The BIP may have to be modified whenever the targeted behaviors cease to exist or change. The BIP may need to be modified also when strategies or consequences no longer obtain the desired result. BIP’s are used for students that have some type of behavior disorder but could be used with any student that would benefit from the plan.
TRANSITION FROM EARLY INTERVENTION TO PRESCHOOL EDUCATION:
Transition from Early Intervention to Preschool Special Education occurs
before the child’s 3rd birthday.
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CONTACTS: For questions about your child's rights at school in Georgia:
- Parent to Parent
(800) 537-2329
- U.S. Department of Education's Office for Civil Rights
(404) 562-6350
- Georgia Advocacy Office
(800) 537-2329
- Parents Educating Parents
(770) 577-7771
- Georgia Legal Services Program
(800) 498-9469
- Atlanta Legal Aid
(404) 524-5811
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OTHER LITERATURE AND RESOURCES
SPECIAL EDUCATION ADVOCACY: Under the Individuals with Disabilities Education Act (IDEA)
Edited by:
Joseph B. Tulman & Joyce A. McGee
The University of the District of Columbia School of Law Juvenile Law Clinic
Sponsored by:
The Annie E. Casey Foundation
Juvenile Detention
Alternatives Initiatives For Children in the Juvenile Delinquency System
"Special Needs of Youth in the Juvenile Justice System: Implications for Practice
THE CHILDREN'S LAW CENTER, INC. June 2001
Assessing the Mental Health Status of Youth in Juvenile Justice Settings
Ko, S.J., McReynolds, L.S., Wasserman, G.A., a Bulletin for the Office of Juvenile Justice and Delinquency Prevention August 2004
Reports the results of a study that used the Voice DISC, a computerized, self-administered version of the Diagnostic Interview Schedule for Children (DISC), to screen for psychiatric disorders in youth newly admitted to juvenile assessment centers. The Voice DISC offers the following advantages for use in the juvenile justice system: minimal staff support requirements, immediate scoring that generates provisional diagnoses, and privacy that increases the likelihood of disclosure of sensitive personal information.
Addressing the Needs of Youth with Disabilities in the Juvenile Justice System: The Current Status of Evidence-Based Research National Council on Disability- May 1, 2003
This report summarizes and assesses the state of knowledge about children and youth with disabilities who are at risk of delinquency and involvement in, or who have already entered, the juvenile justice system. By highlighting what is known about addressing delinquency and the diverse needs of this population, it aims to inform policy discussions among policymakers, practitioners, and researchers.
Understanding Adolescents: A Juvenile Court Training Curriculum- McArthur Training Modules- September 2000
This series of training modules are designed to help juvenile court practitioners become familiar with: adolescent development; special education youth; risk factors that lead to violent behavior in youth; talking to teens; mental health assessments; and competence.
Special Education and the Juvenile Justice System- Sue Burrell and Loren Warboys; July 2000
This OJJDP Bulletin outlines the issues facing youth with special education needs in the juvenile justice system and relevant federal law that impacts their presence in the system.
Advocating for your Child’s Education: Georgia Advocacy Office
Let’s Make Education Special Video:
State Bar Younger Lawyer's Division Advocates for Students with Disabilities Committee
This committee was formed because many school districts are not providing the education required by the Americans With Disabilities Act. The committee recruits lawyers willing to represent these children in due process hearings and in court cases.
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LINKS
Parent to Parent of Georgia
Roadmap to Services
This website is an excellent directory to services for disabled persons in Georgia.
Georgia Parent Support Network: http://www.gpsn.org/
Legal Aid Georgia: Children with Disabilities Page
Parent to Parent Network: http://parenttoparentofga.org/default.htm
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