NC Policies Governing Services for
Children with Disabilities –
EC Teacher/Service Provider Overview
Iredell-Statesville Schools
November 2009
But first:
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Celebrations
Expectations
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Procedures
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Paperwork Preview
Easy IEP update
Efficient IEP meetings
Surrogate Parents
Parent Advisory
Materials/Supplies
HQ
Top 5
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EC Records are NEVER to be left in
classrooms/taken home.
Having EC paperwork signed by IEP team
members who were not present at a meeting is a
fraudulent act.
Any IEP meeting that does not have the legally
required members is illegal—decisions made are
null and void.
EC paperwork is completed in draft form
Parents are provided a copy of all
forms/paperwork at time of meeting.
Special Education Laws- Effective Dates
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Article 9, North Carolina’s special education law –
July 10, 2006
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Changed 60 day statute of limitation for filing due process
petition to 1 year
Changed “Maximum Potential” language to “provide full
educational opportunity to all children with disabilities who
reside in the state”
Removed “pregnant” as a disability category
Required LEAs to use their State textbook funds to provide
textbooks for students with disabilities and teacher editions
for special education teachers
Special Education Laws- Effective Dates
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NC Policies Governing Services for Children
with Disabilities – November 1, 2007
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Class size requirements – July 1, 2008
New Terms for Areas of Disability
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Behavioral-Emotional disability is now
Serious Emotional Disability
Mental Disability is now Intellectual Disability
(mild, moderate, severe) – previously EMD,
TMD, S/PD
Other Health Impairment – now included
Tourette’s syndrome
Parent
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Includes biological, adoptive, foster parent, or
individual acting in the place of a biological or
adoptive parent, (i.e. grandparent,
stepparent, or other relative).
Therapeutic foster parent is prohibited by law
from acting as the parent for educational
purposes due to conflict of interest.
Transition Services
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Adds accountability components to the
definition:
Results-oriented process;
 Focus on improving the academic and functional
achievement of the child with a disability; and
 Facilitate movement from school to postsecondary education or employment
(Effective transitions for students with disabilities at
all levels)
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Referral/Reevaluations
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DEC 3 changes
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Eligibility
Worksheets for each disability area
New eligibility requirements are in effect for
all students who begin referral or reevaluation
process AFTER Nov. 1, 2007 (review of
existing data, use of 2 research based
interventions with progress monitoring,
adverse effect on educational performance,
etc.)
Consent for Evaluation
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LEA must obtain informed written consent
from the parent before evaluating the child
If parents refuse to consent for the evaluation
or fail to respond to requests for consent for
evaluation, LEAs may use due process to
seek authority to evaluate a child
Consent for Services
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LEAs may NOT use due process or
mediation to provide initial services if parents
fail to respond or refuse to give consent for
services.
If parents refuse consent for services, the
LEA will not be considered to have failed to
provide FAPE to the child
Related services are only provided to
students who receive special education.
Parent Revocation of Services
(2/4/09)
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Parents can revoke consent in writing to end
child’s receipt of special education services.
LEA not required to remove any references to
child’s receipt of special education prior to
parent revocation of consent.
LEA must provide written notice to parent
when stopping the special education services
due to revocation of services.
Mandatory Medication Prohibition
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May not require a child to obtain a
prescription of a controlled substance as a
condition of attending school, receiving an
evaluation, or receiving services under the
IDEA.
May still share observations of the student’s
performance or behavior in the classroom or
school with the parents.
No Longer Eligible
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Reevaluation is required before determining
the child does not have a disability unless the
change in eligibility is due to:
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Graduating with a regular high school diploma; or
Reaching maximum age for eligibility (22)
*** GED does not count
IEP Content
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General curriculum has been changed to
general education curriculum;
Must include a statement of present levels of
academic achievement, and functional
performance; and
Must include measurable annual goals
IEP Content
Accommodations/Assessments
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Requires the IEP to include a statement of
any individual appropriate accommodations
that are necessary to measure the academic
achievement and functional performance of
the child on statewide and district-wide
assessments.
Requires IEP team to consider each
accommodation for general education
classes and specifics regarding their
implementation.
IEP Content Alternate Assessments
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If the IEP team determines that the child shall
take an alternate assessment, there needs to
be a statement of why the child cannot
participate in the regular assessment and
why the particular alternate assessment
selected is appropriate for the child.
LEAs must provide alternate assessments for
any district-wide assessments
Summary of Performance
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Prior to the student’s graduating or exceeding
the age of eligibility:
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LEA must provide the student with a summary of
the student’s academic achievement and
functional performance, including
recommendations on how to assist the student in
meeting postsecondary goals.
Transfers within State
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If a child with a disability transfers from one
LEA to another in the same state within the
same school year, the new LEA shall provide
comparable services, in consultation with the
parents, until the new LEA either adopts the
previous IEP or develops a new one.
Transfers from another State
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For students who transfer from another state, the
new LEA shall provide comparable services (**if
child has a current IEP) in consultation with the
parents, until the new LEA conducts a new
evaluation, if necessary, and develops a new IEP.
If student does not have a current IEP, student does
not receive special education services until referral
is completed
Bottom line: No more temporary placements, all out
of state transfer students are considered initial
referrals until eligibility is determined.
Handbook on Parent’s Rights
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LEA’s are responsible for providing the Handbook to
parents once a year and at:
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Initial referral for evaluation
Upon parent request
Upon receipt of the first state complaint or first due process
hearing within the school year
In accordance with discipline removals that constitute a
change in placement
Upon revision of the State Policies
LEA may place a current copy of the procedural
safeguards on its website
Independent Education Evaluation
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Parent is entitled to request one independent
educational evaluation (IEE), at public
expense, each time the LEA conducts an
evaluation with which the parent disagrees
Transfer of Parental Rights at Age of
Majority
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All rights transfer to the student at age 18,
unless:
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Student is declared legally incompetent;
Student designates in writing another competent
adult; or
Student is certified as unable to provide informed
consent (two professionals based on exam or
interview certify in writing).
Facilitated IEP Meetings
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Facilitation is a process utilizing an impartial,
neutral facilitator to assist members of the
IEP team in communicating effectively.
Facilitation is not required by law; it is a
service provided to parents and LEAs by DPI.
The request may be obtained from EC
Director – need at least 2 week notice
Statute of Limitations for Filing Due
Process Petition
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North Carolina law:
The one year timeline does not apply if:
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The parent was prevented from filing because the
LEA misrepresented that it had resolved the
problem; or
The LEA withheld information to which the parent
had a right under Part B of the IDEA
Due Process Timelines
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Begins on date petition is filed with LEA or parent.
10 days for LEA to send Prior Written Notice.
15 days for resolution meeting.
15 days from receipt of petition to file notice of
insufficiency.
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5 days for ALJ ruling on sufficiency
Amended petition restarts timeline.
30 days for resolution before 45 day timeline begins
Hearing completed and written decision issued
within 45 days after 30 day resolution period
“Change in Placement” Defined
(DEC 5a)
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A removal for more than 10 consecutive
schools days; or
A series of removals that constitute a pattern
because:
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Total number of removals are more than 10
school days;
Behavior is similar to previous incidents; and
Length and proximity of the removals to one
another.
Homebound Placement for Disciplinary
Purposes
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The IEP Team must meet monthly to review
the appropriateness of the homebound
placement
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Must directly address behavior that resulted in
homebound placement
Must address progress to general education
curriculum and IEP goals/objectives
Must address steps for return to school
environment.
Expedited Hearing Timelines for
Disciplinary Issues
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Adds a provision for due process hearings to
contest manifestation determination and
disciplinary actions.
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15 day resolution period
Hearing must occur within 20 school days of the
request for the hearing.
The hearing officer’s written decision must be
issued within 10 school days after the hearing.
Stay-Put
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Due process hearings to contest disciplinary
actions
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The student remains in the discipline setting
pending the hearing officer’s decision or the
expiration of the removal time, whichever occurs
first, unless the parent and LEA agree otherwise.
Avoiding IDEA
compliance violations
Failure to notify parents of their
procedural safeguards (legal rights)
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Do
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Ensure the parents
have a copy of their
procedural rights in
their native language
Meet with parents with
low literacy skills to
review their rights
orally
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Don’t
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Assume that parents
understand their legal
rights
Failure to schedule an annual review or reevaluation
meeting early enough to complete the process.
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Do:
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Schedule the reevaluation
with adequate notice to
complete and review any
requested assessments
Provide copies of the
evaluation reports for
parents and appropriate
staff to review before the
IEP team meeting
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Don’t:
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Wait to schedule the
reevaluation or IEP
annual review the
week it is due.
Failure to share all relevant evaluation
information with the parent.
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Do:
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Provide the parent with
evaluation reports
before the IEP Team
meeting
Have the evaluator
review the results with
the parent before the
IEP team meeting
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Don’t
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Waste meeting time
reading reports aloud.
Assume parents
understand the
educational
implications of the
evaluation results.
Failure to have required school staff in
attendance at the IEP Team meeting.
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Do:
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Plan ahead and have required
team members present who are
prepared with relevant data for
decision-making
Ensure that the LEA representative
fulfills the legal requirements for
the position
Ensure data are presented from
staff members who are not
present, but whose content areas
will be discussed or who need to
provide input to determine
modifications/accommodations
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Don’t:
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Falsify records by
getting signatures of
people who didn’t
attend the meeting.
Allow required
members to leave
during the meeting.
Failure to address behavioral
interventions as part of the IEP
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Do
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Address behavior in
the IEP any time the
behavior interferes with
the student’s learning
or the learning of peers
Conduct a functional
behavioral assessment
proactively (before
regulations require)
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Don’t:
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Tie addressing
behavior to an area of
disability---”He is
eligible as SI, so we
can’t write a behavior
intervention plan.”
Failure to specify only necessary modifications &
accommodations that provide access to the general
curriculum
 Do:
 Don’t
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Fully discuss the necessity for
each mod/accommodation
Fully describe the specific
details pertaining to
implementation of each
Solicit recommendations from
all the student’s teachers about
what is needed for the student
to access the general
curriculum
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Use
mod/accommodation
section of the IEP as a
free-for-all giveaway
Failure to make recommendations with
sufficient clarity and finality
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Do:
 Discuss various options for
placement, but LEA must
ultimately make a formal,
specific offer of placement
 Inform the parent of the
legal analysis for eligibility,
manifestation
determination, ESY, etc.
and explain how the facts
apply to the analysis for the
final decision
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Don’t
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Say services provided
on an “as needed”
basis
Find students eligible
for services on
“consultative” basis
(excluding related services/adapted PE)
Failure to make decisions based upon
the individual needs of the child
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Do
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Make all programming
decisions based upon
the evaluation data and
the student’s individual
needs
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Don’t say:
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“We don’t have those
services here”
“NC doesn’t do that”
“We don’t have money
for that”
Failure to make clear and specific
recommendations regarding LRE
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Do: Understand the legal analysis
and case law trends.
 Student is entitled to be
educated with nondisabled
peers to the maximum extent
appropriate with the necessary
aids and supports.
 Case law: K-2 – inclusion for
socialization and language
development
 Case law Grade 3 and over –
more restrictive settings based
on student’s needs.
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Don’t say:
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“We only do inclusion
here”
“All students with that
disability are served in
a separate class
setting”
Failure to make a decision when
consensus cannot be reached.
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Do:
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Make decisions that
are defensible
Complete eligibility
decisions and IEPs
within timelines
Give the parent his/her
procedural safeguards
and explain the options
for resolving the
dispute
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Don’t:
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Delay a decision when
the IEP Team is at an
impasse
Failure to provide adequate Prior
Written Notice (DEC 5)
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Do: Specifically describe all elements Change/action made or rejected
 Why above action was made
 What else was considered and rejected, and why
 Describe the evaluations, records, data, etc. Used to make the
decision
Provide notice to parent prior to initiating the change or refusing a
change requested by the parents
Don’t:
 Use general statements
 Send the prior written notice home in the child’s backpack (or any
other paperwork!)