Special Education Information for CASA GALs

The Laws:

  • A student (birth through 21) with a disability has the right to instruction specially designed to meet his/her needs.
  • Individuals with Disabilities Education Improvement Act (IDEA 2004): A federal law enacted in 2004 to ensure that students with disabilities receive meaningful educations through 12th grade.
  • WAC: Washington State Law based on IDEA
  • Disability: an impairment that interferes with a student’s ability to learn.
  • IEP:
  • Individualized Education Program
  • A document describing specially designed instruction (SDI) preparing student for further education, employment and independent living.
  • FAPE:
  • Free Appropriate Public Education
  • Education provided at no cost to the parent
  • An IEP provides services in specific areas, academic and/or behavioral, necessary for the student to BENEFIT from his/her education despite disability.
  • LRE:
  • Least Restrictive Environment
  • Services may be provided for in the general education classroom, a resource room, a self-contained classroom, or some other setting.
  • The setting must allow the disabled youth the most exposure to non-disabled peers in an environment as much like a regular classroom a possible while still allowing the student to receive an appropriate education.

Qualifying Disabilities under IDEA:

  • A disability is defined as an impairment that interferes with a student’s ability to learn.
  • Under IDEA 2004 (which results in an Individual Education Program, or an “IEP”), disability includes:
  • Hearing Impaired
  • Visual Impairment
  • Autism
  • Traumatic Brain Injury
  • Orthopedically Impaired
  • DD –Developmentally Delayed (only through age 8, then a more specific disability must be identified)
  • EBD –Emotionally/Behaviorally Disabled
  • Health Impaired (includes ADHD)
  • SLD –Specific Learning Disability (difficulty with thinking, reading, writing, spelling or math)
  • CD –Communication Disordered (speech and language impairments)
  • ID –Intellectual Disability (IQ 70 and below)

Definition of Parent in Special Education Law:

  • Birth or adoptive parent, unless unavailable or rights have been terminated
  • Foster parent
  • Guardian, but NOT the state social worker or other state employee if the youth is a ward of the state
  • Relative with whom the youth lives
  • Person acting as a parent
  • Person with whom the youth lives
  • Surrogate parent appointed by the school district special education office or judge
  • Social Workers should request that they be listed a “second parent” in order to receive invitations to meetings, report cards, disciplinary notices, etc.

How to Request Special Services:

  • Parent, social worker, school, or other involved person can refer a student.
  • If your referral is not being accepted, go through the district’s Child Find department. It is their responsibility to locate students needing services.
  • For children birth to 3, ask the social worker about the Infant Toddler Early Intervention Program. You may also contact Within Reach at 1-800-322-2588. For 3-5, contact Child Find for an assessment for developmental preschool.
  • Requests must be in writing and should give a “video picture” of the student’s difficulties and may include interventions previously tried.
  • Requests may be accompanied by letters from doctors or mental health counselors documenting student’s impairments. (Keep information to the point. Abuse and neglect history SHOULD NOT be shared unless it pertains to education.)
  • Request an evaluation for 504 accommodations at the same time as requesting the special education evaluation.
  • Requests should be made in writing, dated, signed, copied (keep one) and delivered to the school psychologist, school counselor,general education teacher, special education director and principal or vice principal.
  • Check in periodically to offer help (such as collecting educational, developmental and medical or mental health records and information) and ask about the progress of the decision to evaluate. This may expedite matters.
  • Under state law:
  • The school must decide whether or not to evaluate within 25 school days of receiving the referral.
  • The decision will be sent in writing to the parent.
  • A decision not to evaluate may be challenged.

Evaluation Procedure:

  • Parental permission is needed to begin evaluating for special education. The school may request a hearing to override a parent’s refusal.
  • Under state law:
  • The evaluation must be completed and a decision made as to eligibility within 25 school days of receiving the signed permission to evaluate.
  • If an assessment begins in one school district, and the youth moves before it is completed, the new school district must finish the assessment within the mandated timeline.
  • There is no cost to the family for the evaluation.
  • The youth will be evaluated in every area of suspected disability including, health, vision, hearing, social and emotional health (BASC II), general intelligence (WISC IV, DA, CTONI) academic performance (WIAT II, curriculum based measurement), communication speech and language, adaptive functioning (ABAS-II, VABS) and motor abilities.
  • May include interviews with family members, caregivers and social workers

Eligibility Decision:

  • Understanding evaluation scores:
  • IQ scores are given as Verbal, Performance, and Full Scale (an average of the two)
  • Standard Scores (SS) have a mean of 100 with 85-115 being the average range
  • Subtest Scores have a mean of 10 with 8-12 being the average range
  • Percentiles have a mean of 50% with 16% to 84% being the average range
  • Two thirds of all students fall within the average range
  • The evaluation report addresses:
  • Does the student have a disability?
  • For a Specific Learning Disability, state law requires a severe discrepancy between achievement and intellectual ability.
  • Federal law qualifies students under Specific Learning Disability based on their response to research based interventions.
  • How does the disability affect his/her progress in school?
  • What services are recommended?
  • Refusal of eligibility may be challenged.
  • If you disagree with the scope or results of the evaluation, you may request the school do further assessments, have an independent evaluation done at the school district’s expense, or obtain an assessment through other funding, such as insurance. The district must consider outside evaluations.
  • The school district has 15 days to ask for a hearing if it opposes the request for an independent evaluation. Otherwise it has to pay for one.

The IEP Team:

  • Consists of:
  • The parent
  • The student, if appropriate
  • Someone who can interpret evaluation results (School Psychologist)
  • At least one general education teacher
  • At least one special education teacher
  • A representative of the school district qualified to supervise special education services, knowledgeable in general education and the district’s resources.
  • Anyone else having knowledge about the child (including the social worker, mental health provider, private agency case manager, CASA/GAL)
  • Transition service providers, if involved
  • IEP team members may be excused from attendance in writing by the school district and parent. If the member’s input is pertinent, it must be supplied in writing to the school and parent before the meeting.

The IEP:

  • The IEP team meeting must be held within 30 calendar days of the decision of eligibility. The IEP is put into place as soon as possible thereafter.
  • Remember, the IEP presented to the team is a PROPOSAL. You and the student have input! Bring to the meeting copies of:
  • Strengths or things the youth enjoys doing
  • Challenges or things the youth finds difficult (Look at CHET, FCAP, ADHD, FAS, ASD evaluations). Figure out how the youth’s strengths can remediate challenges.
  • Needs (medication, transportation, teaching style, Extended School Year, etc.)
  • Goals/Objectives (what you think the youth needs to learn)
  • What academic and occupational skills will the student need?
  • What social and communicative skills will be needed for successful social interactions and relationships?
  • What personal management skills will be required for independent living?
  • Modifications (accommodations, equipment)
  • Related Services (SLP, PT, OT, Aide)
  • An IEP must include:
  • Statement of the youth’s current level of performance including his/her learning style, a description of the techniques and/or materials that have proven particularly effective or ineffective, motivators, what he/she enjoys, challenges and strengths (especially in the deficit areas), needs, etc.
  • Annual education goals
  • Modifications for taking standardized tests
  • Description of all accommodations and services to be received in the classroom
  • Determination of need for assistive technology
  • Location duration and frequency of services
  • Description of related services (speech and language therapy, transportation, physical or occupational therapy, counseling, etc.)
  • Date services will begin
  • Decision on eligibility for adaptive PE and/or special transportation and description thereof
  • Decision on ESY based on
  • Historical evidence that the student will lose skills over the summer
  • The summer program being necessary to meet his/her goals
  • A professional’s recommendation
  • How a student’s progress will be measured and reported
  • Transition services must be addressed before turning age 16
  • Promote movement into college, vocational training, independent living, adult services, supported employment
  • Other agencies providing such services should be listed in the IEP, and the team should follow up to be sure they are being provided.
  • A Functional Behavior Assessment and Behavior Intervention Plan, possibly with an Aversive Intervention Addendum, if behavioral problems exist.

IEP Changes, Reviews, and Re-evaluations:

  • Reviews are to be held annually unless the parent and school agree to an extension.
  • Changes may be made without an IEP meeting if the parent and school agree in writing
  • Parents have the right to revoke IEP services by stating in writing their wish to withdraw consent for the IEP.
  • Complete re-evaluations are conducted every 3 years. The parent and school may agree that the 3 year re-evaluation need not be done.
  • Re-evaluations may not be done more than once per year unless the parent and school district agree.
  • Secondary education institutions want a current evaluation, so ask for an exit assessment.

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