Special Education Parent Handbook

Holland Public Schools offers a full continuum of services to identified students. The vast majority of students receive educational support in our schools with assistance from a special education teacher and/or a related service provider. Students who require a more restrictive placement may attend a program classroom at designated schools within neighboring districts or at our regional center programs, such as Ottawa Area Center and Sheldon Pines School. All placement and programming decisions are made at the Individual Education Planning meeting.

In Michigan, special education programs and services are available for eligible students from birth to age 26. Special Education provides specifically designed instruction and related services, at no cost to parents, to meet the unique educational needs of students who are found eligible under one of the thirteen areas of disability recognized under the Michigan Administrative Rules for Special Education. Programs and services include classroom instruction, consultation, related services, and adaptive supplies and materials designed to meet the identified educational goals of students.

Multi-Tiered Systems of Supports (MTSS) is a framework designed to meet the individual strengths and needs of learners by connecting education, health, and human service systems as well as supporting learner, school, center, and community outcomes by helping organize resources to support educators.

MTSS Essential Components

• Team-Based Leadership - district, building, and educator collaboration supports success of the child.
• Comprehensive Screening and Assessment System - uses best practices to screen, assess, diagnose, and monitor student progress.
• Selection and Implementation of Instruction, Interventions, and Support - considers whole child and district’s beliefs and activities.
• Continuous Data-Based Decision Making - provides information for decision making for the system and the child.
• Tiered Delivery System - meets the need of the whole child (cognitive, physical, social, emotional, behavioral) within a school district.

Educational placement is the setting where a child receives his or her education and services. Schools must place students in the least restrictive environment (LRE). That means students must be placed in the general education setting to the greatest extent appropriate and receive supports.

When a child is not able to make satisfactory progress toward his or her IEP goals in the regular educational environment with supplementary aids and services, the IEP team will consider special education services outside of the general education setting.

Many students spend most of the day in a general education setting and some of the day in an alternative setting to receive additional services. Some services or instruction (such as physical therapy or intensive instruction) may be provided inside or outside the general education classroom. A speech therapist working with a child on individual language goals within a small reading group during reading time is an example of therapy taking place in the general education setting. Sometimes students may receive services outside of the general education classroom, such as occupational therapy, where special equipment is needed. The IEP Team will put a plan in place to best meet the needs of a child in the least restrictive environment.

IDEA is a federal civil rights law to protect the rights of children with disabilities who meet requirements for special education services and the rights of their parents. The IDEA guides states and schools in providing special education supports and services. Below is a summary of the core principles of IDEA, which will be further explained in this parent handbook.

Core Principles of the IDEA

Procedural Safeguards

• The IDEA’s required procedures are designed to ensure students receive a free appropriate public education.
• The full Special Education Procedural Safeguards are located at the end of this document.

Parent and Student Involvement

• Parents and students are active members of teams and provide input.

Appropriate Evaluation

• Students must be properly evaluated by qualified professionals.

Free Appropriate Public Education (FAPE)

• Students with disabilities must have access to the general education curriculum but it may look different depending on the student’s individualized needs. Access may be acquired through alternate achievement standards.

Least Restrictive Environment (LRE)

• Students must be with their non-disabled peers as much as possible.

Individualized Education Program (IEP)

• An IEP team creates a documented program to meet the unique needs and strengths of the individual.

The Michigan Administrative Rules for Special Education (MARSE) outline the regulations and requirements for providing special education services to students with disabilities in Michigan. These rules are designed to ensure compliance with the Individuals with Disabilities Education Act (IDEA) and provide implementation guidance on eligibility, programs and services, professional qualifications, parental rights, procedural safeguards, and dispute resolution.

An evaluation is the first step in the special education process. A child must have an initial evaluation to determine whether they have a disability and may be eligible to receive special education programs and/or services as outlined by the rules and regulations.

IDEA requires schools to make families aware in writing (called “Notice”) when the school is recommending an evaluation of a child. Parents can also request an evaluation. It is recommended to put this request in writing. The school cannot do an evaluation until parents agree in writing with a signature (called “informed consent”). This is done through the Review of Existing Evaluation Data (REED) and Evaluation Plan.

The Michigan Administrative Rules for Special Education (MARSE) defines 13 disability categories. Students must meet the requirements in one of the disability categories to be eligible for special education services. During the evaluation, a multi-disciplinary evaluation team (MET) will review test results, observations, and other measures and make a recommendation to the IEP team regarding eligibility. Parents are a part of the IEP team who decides on your child’s eligibility for special education.

In Michigan, the IEP is a written plan for a student, between the ages of 3 and 26 years old, who is eligible to receive special education programs and/or related services. The purpose of an IEP is to identify a student’s individual needs, develop reasonable learning goals, and document the services the school district will provide to help the student achieve these goals through Free and Appropriate Public Education.

The Individuals with Disabilities Education Act (IDEA) requires certain information be in the IEP.

1. Present levels of academic achievement and functional performance (PLAAFP), which is information on how the student is doing in school and how his or her disability may affect progress in the general education curriculum.
2. Specific skills or sets of skills to be taught called “goals.” These goals must be reasonable and achievable for the student. You may also hear this described as Specially Designed Instruction or SDI.
3. A description of how the student’s progress on these goals will be measured.
4. Special education and related services (such as speech therapy), including supplementary (or additional) aids and services the student will receive (also called accommodations).
5. Amount of time during the school day, if any, the student will spend apart from his or her peers without disabilities.
6. The student’s participation in state and district assessments, including test accommodations.
7. The projected start date for the services and modifications provided to the student, including where, how often, and how long.

Students with a disability are entitled to a Free Appropriate Public Education (FAPE). Schools must provide a FAPE through programs and services. The FAPE must meet the student’s unique needs and provide educational benefit.

Free

• Special education and related services are provided by public schools, including public charters, at no cost to parents.

Appropriate

• Students are entitled to an education that meets their education and disability-related needs.
• The individualized education program (IEP) provides a personalized plan to meet the student's education and disability-related needs.

Public

• Children receiving special education programs and related services have a right to receive an education provided by the public school system, including public charters.

Education

• The education should prepare all children for their future including postsecondary education, employment, and independent living.

Planning for life after high school is called “post-secondary” transition planning. This is an important process and is a student with a disability’s legal right under the federal law. While it is a legal requirement for schools to formally begin transition planning with students with disabilities by the time students turn 16 years old, planning earlier and even when children are very young can lead to greater self-advocacy, independence, and quality of life as adults. Schools and families can help students be more prepared for life after high school and improve their future outcomes by helping them increase their own expectations and improve their understanding of the importance of transition planning.

Students with disabilities have the most important role in the transition planning process. It is important the student provides input regarding their preferences and interests and understands their strengths and challenges, both in and out of the school setting. They should also understand the purpose and benefits of the IEP and the reason for transition planning.

The IDEA requires the school to notify the student and parent of the educational rights that will transfer from the parent to the student at least one year before the student reaches 18 years of age, which is the age of majority in Michigan. When the student has reached the age of majority and becomes a legal adult, the district must provide notice of upcoming meetings to the student and parents. All other notices will go directly to the student only.

The age of majority is the legal age set by state law where a person is no longer a minor, is responsible for their choices, and has certain rights and requirements to follow as a legal adult. This is called a transfer of rights. In Michigan, the age of majority is 18 years. This applies to all individuals; those with and without disabilities.

Age of Majority and Education

The Individuals with Disabilities Education Act (IDEA) states a child must be informed of his or her transfer of rights one year before reaching the age of majority. This right transfers from parents or guardians to the individual. When individuals reach their age of majority, they have the right to make decisions about their special education services, including the right to:

• Attend their IEP Team meetings.
• Consent to any special education evaluations.
• Provide input during IEP development.
• Access dispute resolution options.
• Give signed permission for any personal records being sent to outside agencies under the Family Educational Rights and Privacy Act (FERPA).
• Disagree with any school records.
• Invite anyone they choose to the IEP Team meeting.

Adult Student Support

If an adult student feels uncomfortable making decisions on their own, they may choose an advocate (someone who will speak on their behalf) to assist them with their educational transition plans. If the adult student gives permission, parents can continue to receive notice of meetings and written information related to special education services. The actual level of parental involvement in the special education process is up to the individual student after the student turns 18.

Age of Majority and Assigning Rights

Some parents of students with disabilities have concerns about their child’s ability to be independent and may request legal guardianship to continue assisting their child with decisions. An individual with a disability who has reached the age of majority may also request the court consider assigning full or partial guardianship to a parent or someone else to assist them with legal decisions on their behalf. This involves a legal court proceeding and should only be done if necessary. There are a number of alternatives for parents to obtain or maintain guardianship for their adult child when they reach age of majority. Guardianship allows parents to be involved in the decisions their child makes but, ultimately, the individual has the say on how they live their life and the decisions made. Michigan Alliance for Families provides a number of options and alternatives to guardianship which might be available. These include:

• Supported decision making (assisting individuals in decision making).
• Powers of attorney, trusts, directives for health care, and others.

Completion of high school is an important time for all students. In Michigan, to earn a high school diploma, students must complete specific requirements set forth in the Michigan Merit Curriculum (MMC). The Michigan Merit Curriculum (MMC) was established under Michigan law and requires a minimum of 18 credits across subjects including math, physical education, science, social studies, visual performing and applied arts, and world language.

The MMC can be individualized through a personal curriculum (PC), and is set up for students to demonstrate what they know and can do in order to receive a diploma at the end of their high school education. If a PC is developed, it must be agreed upon by the superintendent or designee and the parent to be implemented.

When a student does not participate in or has not completed the MMC requirements, the student may receive a certificate of completion instead of a diploma. A certificate of completion recognizes a student for completion of a program. However, the certificate is not a recognized credential for purposes of employment or enrollment in college. Students may be eligible for post high school special education programming that focuses on independent living skills, employability, and transitioning to the community.

Families know their students best and are the best advocates for their children. Holland Public Schools is committed to ensuring families’ voices are heard and respected throughout their child’s education. There are situations when the school and family need support with communication and/or to work out differences about a child’s special education needs. Mediation can be used any time there is an issue related to special education. Mediation is usually one of the early steps in the special education problem solving process and allows for flexible solutions and preserving relationships with schools and families. Mediation is a private process and usually is completed quickly, but the length of time will vary by situation.

Key Elements of Mediation

• A collaborative approach to resolve special education concerns or issues, which does not delay a parent’s right to a due process hearing.
• A voluntary process where both parties choose to participate in a guided discussion, facilitated by a neutral third party mediator, to resolve a special education concern. The mediator is trained in mediation techniques and has knowledge in special education law. A mediator is not an employee of the state or school.
• A way to improve communication between parents and schools which is not confrontational or one-sided.
• A meeting scheduled when convenient and timely for all parties.
• Free of charge. Not fee based.
• If the parties come to agreement, the written agreement is binding and enforceable in any state court of competent jurisdiction.

ACCOMMODATIONS

• Changes in how a student accesses information and demonstrates learning. Accommodations do not substantially change the instructional level, content, or performance criteria. The changes are made in order to provide a student with equal access to learning and an equal opportunity to show what he or she knows and can do.

AGE OF MAJORITY/TRANSFER OF RIGHTS

• When a student with a disability reaches the age of 18, all rights afforded to a parent transfer to the student. The parent and student must be informed of the transfer of rights at least one year prior to the student’s 18th birthday.

ASSISTIVE TECHNOLOGY (AT)

• Any item, piece of equipment, or product that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. Assistive technology needs are determined by the IEP goals and objectives and IEP team.

CASELOAD PROVIDER/CASE MANAGER

• The person on the IEP that is in charge of implementing the IEP.

CHILD STUDY TEAM (CST)

STUDENT SUCCESS TEAM (SST)

STUDENT COLLABORATION TEAM (SCT)

• A multi-disciplinary team in schools that meets to support the needs of students with academic, social, and behavioral concerns. The focus of the team is to provide support to classroom teachers to implement accommodations/modifications so that students can be successful in general education.

DUE PROCESS

• A procedure guaranteed by federal law for resolving disputes regarding special education services.

EXTENDED SCHOOL YEAR SERVICES (ESY)

• Special education and related services provided to a qualified student with disabilities beyond the normal school year, in accordance with the student’s Individualized Education Plan, and at no cost to the parent. The need for Extended Services is determined by the student’s IEP Team in considering a student’s regression/relapse after an extended break from school, nature and severity of disability, and critical stages of development is based on data and progress on goals.

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

• A federal law which gives parents, and the student over 18 years of age, access to, and control over all education and school records.

FREE APPROPRIATE PUBLIC EDUCATION (FAPE)

• Special education and related services are provided to students with disabilities by the Local Education Agency (LEA) and Public School Academies (PSA) at public expense and under public supervision and direction at no cost to the student’s parents.

FUNCTIONAL BEHAVIOR ASSESSMENT (FBA)

• The process of collecting and analyzing data to understand the purpose, motivation, and correlation of a problem behavior. The result of the process may lead to the development of an appropriate Positive Behavior Support Plan (PBSP) or other accomodations to support behavior.

INDEPENDENT EDUCATION EVALUATION (IEE)

• Education evaluations of a student by an evaluator who does not regularly work for the school district. Parents who are not satisfied with the school district’s evaluation can request an IEE at public expense.

INDIVIDUAL WITH DISABILITIES IN EDUCATION ACT (IDEA)

• The federal law that requires school districts to provide students with disabilities with a free appropriate public education at public expense. The act provides procedural safeguards and due process rights, as well as specific mandates regarding a free appropriate public education.

INDIVIDUALIZED EDUCATION PROGRAM (IEP)

• A written plan that details the special education and related services that must be provided to each student who receives special education services. It must be reviewed and revised every year.

LEAST RESTRICTIVE ENVIRONMENT

• A federal mandate that, to the maximum extent appropriate, children with disabilities be educated with children who are not disabled.

MANIFESTATION DETERMINATION REVIEW (MDR)

• The MDR is a meeting which must take place within 10 days of a behavior infraction that would cause a student to be removed from their current placement in a public school for more than 10 school days.

MODIFICATION

• Changes in what a student is expected to learn. The changes are made to provide a student with opportunities to participate meaningfully and productively along with other students in the classroom and school learning experiences.

MULTIDISCIPLINARY EVALUATION TEAM (MET)

• An evaluation or recommendation of a student having a disability by a group of individuals from various appropriate professional disciplines, such as educators, psychologists, and physicians.

POSITIVE BEHAVIOR SUPPORT PLAN (PBSP)

• A PBSP is a written improvement plan created for a student with behavioral needs and is based on the outcome of the Functional Behavior Assessment (FBA). The PBSP specifies the actions to improve or replace the behavior and is an individualized plan for success with more intensive supports and oversight. The process of creating a PBSP is led by the IEP team and includes the parents, teachers, support staff, and the student.

REVIEW OF EXISTING EDUCATIONAL DATA (REED)

• Provides a plan for an initial or re-evaluation and may include evaluations and information provided by the parents of the child, current classroom-based, local, or state assessments, and classroom-based observations, and observations by teachers and related service providers.

TRANSITION GOALS

• Determined by the IEP Team and are based on the student and family vision, preferences, and interests.

TRANSITION SERVICES

• A coordinated set of activities that promote movement from school to post-school education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, and community participation.