Students will prepare a 2-page report (APA formatted) explaining the IEP process from beginning to end, including RTI, referral

A Parent’s Introduction to

Exceptional Student Education in Florida

Florida Department of Education

This publication is produced through the Bureau of Exceptional Education and Student Services (BEESS), Division of Public Schools, Florida Department of Education, and is available online at http://www.fldoe.org/ese/pub-home.asp. For information on available resources, contact the BEESS Resource and Information Center (BRIC).

BRIC website: http://www.fldoe.org/ese/clerhome.asp Bureau website: http://www.fldoe.org/ese Email: [email protected] Telephone: (850) 245-0477 Fax: (850) 245-0987

Cover photos courtesy of: Digital Vision/Thinkstock, iStockphoto/Thinkstock, and Hemera/Thinkstock

A PARENT’S INTRODUCTION TO EXCEPTIONAL STUDENT EDUCATION IN FLORIDA

Florida Department of Education Bureau of Exceptional Education and Student Services 2012

This document was developed by the Florida Department of Education, Division of Public Schools, Bureau of Exceptional Education and Student Services (BEESS), through federal assistance under the Individuals with Disabilities Education Act (IDEA), Part B.

Copyright State of Florida

Department of State 2012

Authorization for reproduction is hereby granted to the state system of public education consistent with section 1006.39, Florida Statutes. No authorization is granted for distribution or reproduction outside the state system of public education without prior approval in writing.

TABLE OF CONTENTS

Introduction……………………………………………………………………………………………………….. 1

Chapter 1—Overview…………………………………………………………………………………………… 3 Laws about the Education of Children with Disabilities …………………………………………….. 5 Student Records…………………………………………………………………………………………………… 7 Moving to a Different County ………………………………………………………………………………… 7

Chapter 2—Problem‐Solving/Response to Intervention (PS/RtI)………………………………… 9

Chapter 3—Evaluation Process ……………………………………………………………………………. 11

Chapter 4—Eligibility Determination ……………………………………………………………………. 15

Chapter 5—The Individual Educational Plan (IEP)…………………………………………………… 19 Consent for Services and Placement …………………………………………………………………….. 25 After the IEP and Consent……………………………………………………………………………………. 27 Matrix of Services ………………………………………………………………………………………………. 27

Chapter 6—Annual Review of the IEP …………………………………………………………………… 29

Chapter 7—Reevaluation……………………………………………………………………………………. 33

Chapter 8—Procedural Safeguards (Rights and Responsibilities)………………………………. 35 Procedural Safeguards………………………………………………………………………………………… 36 Steps in Solving Problems ……………………………………………………………………………………. 39 Dispute Resolution……………………………………………………………………………………………… 39 Independent Educational Evaluation…………………………………………………………………….. 45 Discipline of Children with Disabilities…………………………………………………………………… 46 School Records…………………………………………………………………………………………………… 49

Chapter 9—Record Keeping ………………………………………………………………………………… 55 Optional Forms and Work Sheets…………………………………………………………………………. 56 About Your Child ………………………………………………………………………………………………… 59 Organizing Your Child’s School Records ………………………………………………………………… 61 School and District Contact List ……………………………………………………………………………. 63 Contact Log ……………………………………………………………………………………………………….. 65 Information about Your Child’s Progress……………………………………………………………….. 67 Problem‐Solving…………………………………………………………………………………………………. 71 Problem‐Solving Record………………………………………………………………………………………. 73 Records of Public School Evaluations ……………………………………………………………………. 79 Independent Educational Evaluations …………………………………………………………………… 83

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IEP Planning Worksheet………………………………………………………………………………………. 87 Transition Planning Worksheet…………………………………………………………………………….. 89

Appendix A—Where to Go for Help (Directory) ……………………………………………………… 91 Local Contacts ……………………………………………………………………………………………………. 91 State Contacts……………………………………………………………………………………………………. 91 National Contacts……………………………………………………………………………………………….. 95

Appendix B—Glossary………………………………………………………………………………………… 99

Appendix C—Sample Letters……………………………………………………………………………… 113 Sample Letter Asking for an Individual Evaluation ………………………………………………… 114 Sample Letter Asking for an IEP Review Meeting………………………………………………….. 115 Sample Letter Asking the School to Change a Decision………………………………………….. 116 Sample Letter Asking for an Independent Educational Evaluation …………………………. 117 Sample Letter Asking the School to Change Records …………………………………………….. 118 Sample Letter Asking for Copies of Educational Records……………………………………….. 119

Appendix D—Sample IEP Form ………………………………………………………………………….. 121

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INTRODUCTION

This book is for the parents of children in Florida who have special learning needs because of a disability. If you have major responsibility for a child—as a parent, grandparent, surrogate parent, or foster parent—and you think your child has a disability and needs specially designed instruction or support, this book should be very helpful to you.

In Florida, children in public schools who have special learning needs because of a disability are called exceptional students. The special help they are given at school is called exceptional student education, or ESE. The purpose of ESE is to help each student with a disability progress in school and prepare for life after school. ESE services may include special teaching methods and materials, technology devices, therapies, special transportation, or other supports. There is no cost to parents for these ESE services.

This book explains the ESE process and key ideas in the state and federal laws about ESE. It provides basic information only. It does not cover every situation for every child and it is not meant to provide legal advice. If your child receives ESE services this information will help you work with the school as an important member of the education team. You do not need to read the whole book at one time. The table of contents will to help you find the information you need.

The ESE world can be confusing and there might be words or concepts used in the book or during meetings at the school that you do not understand. If so, refer to Appendix B, which contains a glossary of words and terms commonly used in exceptional education. All words that are in bold and italics in the book are defined in the glossary.

As you read, you may have more questions. The staff at your child’s school or in your school district’s ESE office can answer your questions. You can also find more information and free publications at the website of the Bureau of Exceptional Education and Student Services (BEESS) at http://www.fldoe.org/ese.

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CHAPTER 1—OVERVIEW

There may be many clues that your child needs extra help and attention in school. For example, your child may:

 Have health problems  Talk differently than other children the same age  Act bored or lazy  Have trouble paying attention  Take longer to learn school subjects than other children the same age  Walk or move differently than other children the same age  Have difficulty seeing, hearing, or communicating with others

In Florida, when a child is having difficulties in school, a team begins a problem‐solving process. Members of the team identify the difficulties and make changes in teaching strategies (interventions) to match the child’s needs. As a parent, you have important information about your child and are encouraged to be part of this problem‐solving team. The goal of the team is to find ways to help your child be successful in school.

As teaching strategies are put in place, the team monitors the child’s progress and makes decisions about changing the type or the intensity of the interventions. Florida provides several levels of assistance to children, or a multi‐tiered system of supports (MTSS). The process of Problem‐solving/Response to Intervention (PS/RtI) is designed to make sure that every child gets the right kind of instruction to meet their needs.

Information gained through the ongoing PS/RtI process helps the team decide whether to make a referral for an evaluation to see if the child has a disability. Children who need ongoing intensive or specially designed instruction in school because of a disability qualify for exceptional student education. This is often called ESE. Sometimes it is called special education.

To receive ESE services in Florida, your child must meet the requirements of at least one of the exceptionality categories listed below and need specially designed instruction and related services. Educators sometimes use the acronyms for the exceptionalities, so these have been provided as well.

 Autism spectrum disorder (ASD)  Deaf or hard‐of‐hearing (DHH)  Developmentally delayed, for three through five years old only (DD)  Dual‐sensory impaired (deaf‐blind) (DSI)

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 Emotional or behavioral disabilities (EBD)  Homebound or hospitalized (HH)  Intellectual disabilities (InD)  Orthopedic impairment (OI)  Other health impairment (OHI)  Traumatic brain injury (TBI)  Specific learning disabilities (SLD)  Speech impairment (SI)  Language impairment (LI)  Visually impaired (VI)  Gifted *

* In Florida, some children who learn very easily and meet qualification requirements receive ESE gifted services. This book is not about gifted services. For information on gifted student education visit http://www.fldoe.org/bii/Gifted_Ed or contact your local school district.

The eligibility criteria, or requirements, for each of the exceptionality categories listed above are outlined in Florida’s laws and rules. Some children have one disability, and others have more than one. One child with a disability may need only a little extra help. Another child may need more services because their learning needs are more intense. Some children will need ESE services for only a short time. Others will need help throughout their school years.

Not all children with the same disability have the same needs or require the same services. ESE services are designed to give each child the special help they need.

There are at least six steps in the process of planning and delivering ESE services for your child:

 Evaluation  Eligibility determination  Developing the first individual educational plan  Consent for services  Annual reviews  Reevaluations

These steps are described in detail in this book. Each school district may have a slightly different way of carrying out this process. Work with your child’s school during each step by giving information, asking questions, making suggestions, and helping make decisions. For information on your rights during each part of the process, see Chapter 8.

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Laws about the Education of Children with Disabilities

There are several important federal and state laws about education for children with disabilities. These laws help to make sure that your child with a disability gets the educational services they need. The laws are organized around the following six principles:

1. Parent and Student Participation

The laws are clear that you, as the parent, should have a voice in all discussions and decisions about your child’s education. As your child grows older, their own participation becomes important. In fact, once your child is 14 years old (or earlier, if appropriate), they are included at meetings to help make decisions about their education.

2. Appropriate Evaluation

Before deciding that your child is or is not eligible for exceptional student education, a team of people must conduct an individual evaluation of your child’s educational strengths and needs. The evaluation will include measuring your child’s response to instruction and interventions over time, interviews, observation, and an analysis of all information about your child and their educational needs. The evaluation sometimes includes individual tests given by a specialist, such as a psychologist or speech‐language pathologist. The law provides a number of protections to make sure that once your child is identified as a child with a disability, they are reevaluated from time to time to find out if your child continues to have a disability and if their educational program or services should be changed.

3. Individual Educational Plan (IEP)

An IEP is a written agreement that tells you, your child, their teachers, and other school staff and service providers what services the school will provide to help your child meet their educational needs.

4. Free Appropriate Public Education (FAPE)

Every student receiving ESE services has the right to a free appropriate public education. This means that the local public school district must provide services designed to help your child meet their annual goals and make progress in the general curriculum at no cost to you.

If your child has a disability, lives in Florida, is at least three years old and less than 22 years old, meets the eligibility criteria, and has not yet graduated from high school with a standard diploma, they are entitled to receive free exceptional education services from your local public school district.

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