Legal Rights of Children with Epilepsy in School & Child Care

More documents

Recommendations

Info

Legal Rights of Children with Epilepsy in School and Child Care 2.8Q: What is an IEP? A: The IEP is, essentially, the blueprint for the education of a student with disabilities. It is a document that sets forth the special education and related services to be provided to the student. The IEP must contain information regarding: • The student’s present levels of academic achievement and functional performance • The student’s measurable annual goals, including academic and functional goals • How the student’s progress toward the goals will be measured and when periodic reports on the student’s progress will be provided • The special education, related services, supplementary aids and services to be provided to the student • The program modifications and supports to be provided to school personnel that will enable the student to advance toward meeting his or her IEP goals, make progress in the general education curriculum, participate in extracurricular and nonacademic activities, and be educated and participate with other students with and without disabilities The first element, the present level of performance, must address how the student’s disability affects his or her involvement and progress in the general curriculum. The annual goals must address the student’s disability-related needs as they relate to the student’s ability to make progress in the general curriculum, as well as the student’s other educational needs that result from his or her disability. For students with significant cognitive impairments who take alternate assessments aligned to alternate standards under the No Child Left Behind Act, 10 the IEP must contain benchmarks or objectives to implement the annual goals. 20 U.S.C. 1414(d)(1)(A); 34 C.F.R. 300.320. See Chapter 4 for a more specific discussion of IEPs for students with epilepsy. 2.9Q: Who develops the IEP? A: The IEP is developed by a team that includes the following individuals: • The student’s parents 10 Approximately one percent of students fall into this category. According to 2007 regulations promulgated by the United States Education Department, an additional two percent of students will be eligible to take modified assessments aligned to modified standards. These students are working on the general curriculum, but at a different pace. The students who fall into the category of the one percent of students with the most significant cognitive disabilities are generally students working in what is often called a “life skills” or “community-based instruction” curriculum. They are not diploma-track students. 17
What Laws Apply to Children with Epilepsy? • At least one regular education teacher of the student, if he or she is participating or may participate in regular education • At least one special education teacher or provider of the student • A representative of the school district or the public agency who is qualified to provide or supervise the provision of special education and is knowledgeable about both the general education curriculum and the availability of the agency’s resources • An individual who can interpret the instructional implications of evaluation results • The student, whenever appropriate • At the discretion of the parent or the agency, other people who have knowledge or expertise regarding the student, including related services personnel, as appropriate. 20 U.S.C. 1414(d)(1)(B); 34 C.F.R. 300.321(a). 2.10Q: What are the related services referred to above? A: Related services are the developmental, corrective, and supportive services that help a child with a disability benefit from his or her special education. Related services include, but are not limited to, transportation, speech and language therapy, audiology, interpreting services, psychological services, physical therapy, occupational therapy, recreation (including therapeutic recreation), early identification and assessment of disabilities in children, counseling services (including rehabilitation counseling), orientation and mobility services, medical services (for diagnostic or evaluation purposes), school health services, school nurse services, social work services and parent counseling and training. 20 U.S.C. 1402 (26); 34 C.F.R. 300.34. 2.11Q: What does “least restrictive environment” mean? A: The IDEA requires school districts to maintain a continuum of placements in which special education and related services can be provided. The placements can range from the general education classroom, which is the least restrictive environment, to a residential special education facility, which is the most restrictive because it is a separate, full-time, special education facility housing only children with disabilities. The IDEA requires that a student be placed in the least restrictive environment in which his or her IEP can be implemented. 20 U.S.C. 1412(a)(5); 34 C.F.R. 300.115; 34 C.F.R. 300.116. See Chapter 4 for more general information about least restrictive environment as well as about least restrictive environment regarding students with epilepsy. 2.12Q: Does the IEP team have additional responsibilities as it develops the IEP? 18 A: Yes. When the purpose of the meeting is transition for students out of the education system, the team must invite the student and, if he or she does not attend, the team must take other steps to ensure consideration of his or her
Page 1 and 2: AN ADVOCATE’S MANUAL AN ADVOCATE
Page 3 and 4: User is hereby granted permission t
Page 5 and 6: CHAPTER TWO What Laws Apply to Chil
Page 7 and 8: Case Scenarios ....................
Page 9 and 10: 4.35Q: What happens if a parent dis
Page 11 and 12: 5.20Q: 5.21Q: 5.22Q: Does a school
Page 13 and 14: Case Scenarios ....................
Page 15 and 16: 8.20Q: May a party appeal a due pro
Page 17 and 18: ABOUT THE AUTHOR Leslie Seid Margol
Page 19 and 20: Legal Rights of Children with Epile
Page 31 and 32: CHAPTER TWO What Laws Apply to Chil
Page 33: What Laws Apply to Children with Ep
Page 37 and 38: What Laws Apply to Children with Ep
Page 85 and 86:
Legal Rights of Children with Epile
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
CHAPTER SIX Special Education and S
Page 103 and 104:
Special Education and Students with
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 148:
APPENDIX A: CHILD CARE SEIZURE DISO
Page 151 and 152:
Activity Restrictions _____________
Page 153 and 154:
The following form is to be complet
Page 156 and 157:
8301 Professional Place, Landover,
Page 158 and 159:
Myoclonic seizures: Seizures in whi
Page 160 and 161:
(Student’s name) needs assistance
Page 162 and 163:
7. FIELD TRIPS AND EXTRACURRICULAR
Page 164:
APPENDIX C: SCHOOL SEIZURE ACTION P
Page 167 and 168:
Seizure Observation Record Student
Page 170 and 171:
SAMPLE COMMUNICATION FORM FOR STUDE
Page 172 and 173:
SAMPLE COMMUNICATION FORM FOR STUDE
Page 174:
APPENDIX E: SELECTED STATE LAWS ON
Page 177 and 178:
Selected State Laws on School Medic
Page 179 and 180:
Page 181 and 182:
show all

Legal Rights of Children with Epilepsy in School & Child Care

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?