Special Education Services Special Education Services and Least Restrictive and Least Restrictive

EnvironmentEnvironmentDr. Christine WiniarskiDr. Christine Winiarski

Megan Marie Van Fossan M.A., M.Ed.Megan Marie Van Fossan M.A., M.Ed.

OverviewOverview

What is Special Education?What is Special Education? PA Special Education RegulationsPA Special Education Regulations Overview of Least Restrictive EnvironmentOverview of Least Restrictive Environment What does it mean for students in:What does it mean for students in:

Juvenile Justice FacilitiesJuvenile Justice Facilities Residential TreatmentResidential Treatment Shelter ProgramsShelter Programs Therapeutic Foster CareTherapeutic Foster Care

Making the Right Educational Decisions for Making the Right Educational Decisions for Students with DisabilitiesStudents with Disabilities

What is the role of the facility or provider?What is the role of the facility or provider? Why is this important?Why is this important? The goal and purpose of special educationThe goal and purpose of special education

Minimizing impact of disabilityMinimizing impact of disability Maximizing opportunities to participateMaximizing opportunities to participate

Interventions & access- most important decisions of IEPInterventions & access- most important decisions of IEP

HistoryHistory

1972-PARC Consent Decree Challenged the 1972-PARC Consent Decree Challenged the education of mentally retarded students in PAeducation of mentally retarded students in PA Agreement to provide educational services to all Agreement to provide educational services to all

children children Has to be free, appropriate public educationHas to be free, appropriate public education No definition for what that meansNo definition for what that means

HistoryHistory

1975 – Public Law 94-142 1975 – Public Law 94-142 First federal law dealing with special educationFirst federal law dealing with special education Modeled after the PA schemeModeled after the PA scheme No major changes for PANo major changes for PA

HistoryHistory

1988 – Protection for All Handicapped 1988 – Protection for All Handicapped Children ActChildren Act 94-142 amended to provide for attorney’s fees for 94-142 amended to provide for attorney’s fees for

prevailing partyprevailing party Only for parentsOnly for parents

No meaningful substantive changesNo meaningful substantive changes

HistoryHistory

1997-IDEA1997-IDEA 11stst meaningful substantive changes in 22 years meaningful substantive changes in 22 years Reauthorization in 2004 and 2007Reauthorization in 2004 and 2007

Requires all children with disabilities that Requires all children with disabilities that qualify to receive a free, appropriate public qualify to receive a free, appropriate public educationeducation Special educationSpecial education Related servicesRelated services

Special Education Regulations in PASpecial Education Regulations in PA

Chapter 14 of the PA CodeChapter 14 of the PA Code

PA Chapter 14.102 says:PA Chapter 14.102 says:

Ensure that children with disabilities:Ensure that children with disabilities: Have access to general curriculumHave access to general curriculum Participate in state and local assessmentsParticipate in state and local assessments Are educated to maximum extent appropriate with Are educated to maximum extent appropriate with

nondisabled peersnondisabled peers Provided supplementary aids and services to do soProvided supplementary aids and services to do so

IEP TeamIEP Team

How is a child’s program determined?How is a child’s program determined? All decisions regarding FAPE are made by the IEP All decisions regarding FAPE are made by the IEP

TeamTeam Who is on the team?Who is on the team?

ParentsParents Special ed teacherSpecial ed teacher Regular ed teacherRegular ed teacher LEA representativeLEA representative

PA Chapter 14 and the PA Chapter 14 and the Ramifications of Gaskins Settlement Ramifications of Gaskins Settlement

AgreementAgreement

PlacementPlacement Team must first consider regular classroom with Team must first consider regular classroom with

supplementary aids and services before considering supplementary aids and services before considering services in another settingservices in another setting

IEP TeamIEP Team

The IEP Team is the decision maker under The IEP Team is the decision maker under IDEAIDEA Responsible for developing, reviewing and Responsible for developing, reviewing and

revising an IEPrevising an IEP There are no individual decisionsThere are no individual decisions

IEPIEP

What does IEP Team decide?What does IEP Team decide? What special education and related services the What special education and related services the

child needs to receive FAPEchild needs to receive FAPE Once decision is made, all services are written Once decision is made, all services are written

in IEPin IEP Once services are in IEP, school district must Once services are in IEP, school district must

ensure child receives those servicesensure child receives those services contractcontract

Least Restrictive EnvironmentLeast Restrictive Environment

What is the role of the facility or provider?What is the role of the facility or provider? What does it mean for students in:What does it mean for students in:

Juvenile Justice FacilitiesJuvenile Justice Facilities Residential TreatmentResidential Treatment Shelter ProgramsShelter Programs Therapeutic Foster CareTherapeutic Foster Care

Behavior ManagementBehavior Management

Who requires a behavior intervention plan?Who requires a behavior intervention plan? A child who has behavior difficulties that interfere A child who has behavior difficulties that interfere

with learningwith learning Must be POSITIVE interventions and supportsMust be POSITIVE interventions and supports Developed by the IEP TeamDeveloped by the IEP Team Set forth in a written planSet forth in a written plan