Lecture 1 - Guidlines, legislation and IDEA Flashcards
Case Study: Angelique is a 5-year-old kindergarten student who attends school for half a day. Angelique is an only child and she did not attend preschool. During the second month of school, Angelique’s teacher brings her up at the school’s problem-solving team meeting. Her teacher is concerned that she continues to switch hands during writing, coloring, and cutting tasks and that she is not able to recognize her name when it is presented to her at calendar time. Angelique is described by her teacher as a friendly girl who is willing to share. However, her teacher is worried that she is not assertive enough and that some of the other students take advantage of her kindness during free play time.
Underline the things that stand out.
Waht are some occupations that she would have to participate in
No dominant hand preference - could be fine motor, or bilateral coordination, it could impact dressing, eating, academics
Does not recognize her name - visual motor, cognition, vision
First time in a school setting, other kids take advantage
Play, social participation, education, ADLs (expect them to be independant by K) - social skills, social participation, impact on play, recess, cafeteria, gym.
Prior to 1965 were disabled kids in public schools? What changed
no, elementary and secondary education act of 1965
when was IDEA enacted and then updated
1990 and 2004
Every student succeeds 2015 why is this important
gives OT the permission to help any child without a prescription
Within the IDEA - Related Services are defined as
Related services means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education…This includes OT
How IDEA defines OT
Occupational therapy—
(i) Means services provided by a qualified occupational therapist; and
(ii) Includes—
(A) Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation;
(B) Improving ability to perform tasks for independent functioning if functions are impaired or lost; and
(C) Preventing, through early intervention, initial or further impairment or loss of function
OT under IDEA part B
Part B: Special Education means “specially designed instruction” that meets the unique needs of the child with a disability.
- In addition to instruction in the classroom, special education includes instruction at home, in a hospital, and in other institutions.
Improving, developing or restoring functions impaired or lost through illness, injury, or deprivation.
- Improving ability to perform tasks for independent functioning when functions are impaired or lost.
- Preventing, through early intervention, initial or further impairment or loss of function”
Assistive Technology (Review)
Assistive technology device is defined as “any item, piece of equipment or produce system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities” (S303.12(d)(1)).\
Assistive technology service is “any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device“ (S303.12(d)(1)(i)-(vi)).
Assistive Technology Services Includes
Evaluation of the needs, including a functional evaluation in the customary environment.
- Purchasing, leasing or otherwise providing for the acquisition of assistive technology devices.
- Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices.
What are the 12 categories of disabilities to qualify for IEP
autism
deaf blindness
deafness
emotional disturbance
hearing impairments
intellectual disability
multiple disabilities
orthopedic impairments
other health impairments
specific learning disabilities
speech or language impairments
traumatic brain injury
visual impairments (including blindness)
6 principles of IDEA
- Free and appropriate public education
- appropriate evaluation
- Individualized education program
- least restrictive environment
- parent/student participation
- procedural safeguards
A Free Appropriate Public Education is special education and related services that are provided:
At public expense (local school district) - no expense to the parents
Under public supervision (local district)
Meet the state standards of the NYSED
In conformity with an IEP
At no cost to parents
Applies to children starting at age 3
appropriate evaluation
Referral For Evaluation
Timeline: within 60 school days of referral
Evaluation Procedures - has to be standardized test that meets the referral need.
Re-evaluation
Not more than once a year; at least every three years
Appropriate Evaluation: Individualized Education Program (IEP) Meeting
Committee on Special Education (CSE):
Interpret evaluation data
Determine eligibility - this is a team decision
Requires 5 day written notice (in NY)
If child is found ineligible: may fit into a 504 plan
Ineligible for an IEP:Section 504 of the Rehabilitation Act of 1973
not just an education law but a civil law. gives a broader definition of a disability.
Civil rights law that protects individuals who meet the criteria for disabled
Physical or mental impairment that substantially limits one or more major life activities
Broader definition than IDEA, students who are not eligible under IDEA may receive accommodations under a 504 plan
What Is an IEP?
- Is a key document developed by the team.
- Among other components, the IEP lays out the child’s
– academic achievement & functional performance
– describes how the child will be included in the general education curriculum
– establishes annual goals
– states what special education and related services are needed
IEP Development - Documents:
- Statement of present levels of educational performance (PLEP) and functional performance
- Areas adversely affected by the disability
- Child’s strengths and parental/educational concerns
- Measurable goals and objectives developed to address the student’s needs
- Statement of special education and related services
- Statement of program modifications/accommodations for the child
- Identification of supports for school personnel
- Only after completing all other areas of the IEP, can the team determine placement…Placement is LAST!
most districts want us to have how many goals?
1-2
what is a self contained classroom?
small class with all kids who have an IEP
The IEP TEAM will
Review the IEP at least once per year
Revise the IEP if needed to address:
-lack of progress toward goals
-lack of progress in general curriculum
-reevaluation results
-parent information
-anticipated needs
-other matters
Changes outside of the review
Transition to adult services
Annually, beginning at age 16 or sooner (child invited to CSE meetings when appropriate)
* Goals based on age-appropriate transition assessments related to:
– Training
– Education considered
– Employment
– Independent living skills (where appropriate
Extended School Year (ESY)
- Beyond the normal school year (i.e. summer school)
- Must be provided if services are necessary to ensure the provision of FAPE
- Services that meet state standards of NYSED
*Considerations?
Least Restrictive Environment (LRE)
To the max extent appropriate a child with disability must be placed with children who are not disabled
LRE - Special classes, separate schooling, or other removal of the child with disabilities from the regular educational environment occurs only when…
The disability is severe enough, that even with supplementary aids and services, education in regular classes, cannot be achieved satisfactorily.
There is a strong preference in IDEA for
Educating students with disabilities in regular classes, with modifications and supports, whenever possible.
Parents are part of the group that makes the decision regarding
ELIGIBILITY
→ EDUCATIONAL PLACEMENT
* Parents must be given the opportunity to participate in ALL meetings related to the identification, evaluation, placement and provision of FAPE for their child
Procedural safeguards for parents
Information on child’s program:
– Upon initial referral/parental request for evaluation
– Upon receipt of a request for due process
– Upon request by a parent
Many rules and regulations
Mediation
Due Process
What to do when a child is Ineligible for an IEP:Independent Educational Evaluation (IEE)
Parents Right to request an IEE at public expense
- Request in writing to CPSE or CSE
District must:
Acknowledge and consider
Allow or deny
District is responsible for cost
Early Intervening Services
This is where we get into multi-tier systems
Related-services personnel can be included if the school decides they are needed.
– Implications for occupational therapy include the need to educate student support teams to help them understand how occupational therapy can help as an early intervening service;
– ensure that occupational therapy is included in the district professional development activities related to early intervening;
– emphasizes the real need for occupational therapy professionals to become full participants on the teams that will making decisions about early intervening services.
