Parent Advisory Committee - Washtenaw Intermediate School District

Washtenaw Intermediate School DistrictParent Advisory Committee1819 S. Wagner Road, PO Box 1406Ann Arbor, Michigan 48106-1406(734) 994-8100WISD site: http://www.wash.k12.mi.usPAC site: http://www.wash.k12.mi.us/ssupport/pac

Washtenaw Intermediate School DistrictBoard of Education2005-2006Diane B. Hockett, PresidentMary Jane Tramontin, Vice PresidentGregory A. Peoples, TreasurerMark Van Bogelen, SecretaryDayle K. Wright, TrusteeDr. William C. Miller, SuperintendentWashtenaw Intermediate School Districtis dedicated to the continuous improvement of student achievement.-Mission Statement, WISDThe Washtenaw Intermediate School District (WISD) Parent Advisory Committee(PAC) consists of parents of students with special needs. We advise the WISDconcerning the planning and implementation of special education programs andservices. We work to ensure student success by strengthening the capacities of ourlocal schools, families and communities through collaboration, use of best practices,technology, and a wide variety of strategies.-Mission Statement, WISD PACWashtenaw Intermediate School Districtis an Affirmative Action Equal Opportunity Districtcover art by Drew MontgomeryWillow Run Schools (2006)

Dear Parents,This handbook explains some of the steps taken to plan and carry out instructional programsthat help students learn. There are many other resources for parents including local supportgroups, advocacy organizations and web sites. This handbook includes guidelines that willhelp you in the months ahead and explains some of the terms often used by school staffmembers to plan for and support your student’s education.Special education services are available to eligible students in the State of Michigan frombirth through high school graduation or age 26, as appropriate. Understanding the specialeducation system can help you work with your student’s school and teachers to develop theprogram that is needed for your student to succeed.This handbook has been developed by the Washtenaw Intermediate School District(WISD) Parent Advisory Committee (PAC) to give you an introduction to the specialeducation process and to acquaint you with special education programs and services.Services are provided by WISD and/or local public school agencies (including local districtsor public school academies/charter schools.)Our Committee is made up of parents from public school agencies in the WISD whosechildren have special needs. Members are recommended by their public school agency forappointment by the WISD School Board. Care is taken to assure that the PAC membershiprepresents students with various disabilities and eligibility for special education services.As PAC members, we are resource persons for other parents of children with special needs.We advise the WISD School Board on matters relating to special education programs andservices, as described in the Michigan Administrative Rules for Special Education. We alsotake an active role in the development of the WISD Special Education Plan, a document thatdescribes the delivery of special education services within WISD and local public schoolagencies.The PAC meets monthly, usually on the third Tuesday, September-June, at WISD. Meetingsare open to all parents and persons interested in special education. If you should needassistance, have a question, or wish to express a concern, please call your PACrepresentative or Special Education director listed on the inside back cover of this handbook.Also, you may access our PAC website at:http://www.wash.k12.mi.us/ssupport/pacThe WISD campus at 1819 S. Wagner Road has a variety of services and helpful resourcesthat you are welcome to come and explore. You may also access the WISD website:http://www.wash.k12.mi.us1

One of the resources is the lending library at the Information Resource Network (IRN).As a parent of a student with special needs, you may check out books and materials from theIRN, either on-line or in person.The WISD also has a resource called the ATAC (Assistive Technology andAugmentative Communication) Lab, located in the IRN, where you may learn aboutassistive communication devices, computer programs, and other technology to help yourstudent at home, in school, and in the community.Project PERFORM is a statewide, parent-facilitated information and support resource forfamilies, housed on the WISD campus. You may call 1-800-552-4821, or access thewebsite at http://www.wash.k12.mi.us/perform. Project PERFORM can also direct youto local support groups and is a good starting point for a web search about disabilities andparent support organizations.Be sure to check out the Achievement Initiatives section of the WISD websitehttp://www.wash.k12.mi.us/achieve/eip. Most classes listed under “professionaldevelopment workshops” are also open to interested parents, and can provide helpfulinformation about a variety of topics.Other references include the Michigan Administrative Rules for Special Education, which maybe found on the State of Michigan Department of Education website, at:http://www.michigan.gov/documents/May05RevAdmRulesSpecialEducation_125927_7.pdfandhttp://www.michigan.gov/documents/Rules_28909_7.pdfThe home page for the Michigan Department of Education is:http://www.michigan.gov/mdeFrom here, go to the “site map” to find the Department of Special Education, and muchmore.The provision of special education services is also regulated by Federal Law, known as theIDEA, the Individuals with Disabilities Education Act. Information on Federal Regulationsmay be found at:http://www.ed.gov/policy/speced/guid/idea/idea2004.htmlBecoming an informed parent can help you to advocate for your child, work with your child’steam, and help your child to succeed.Respectfully,Washtenaw ISD Parent Advisory Committee2

TABLE OF CONTENTSDear Parents page 1WISD Resources pages 1-2Special Education - What You Should Know page 4Starting the Referral Process page 5Timelines and Implementation Chart page 6Eligibility for Special Education Services page 7The Evaluation Process - MET page 8Eligibility Determination page 9Developing the Individualized Education Planning Team Report page 9If You Have a Problem page 11Mediation page 11Special Education Supports page 12Special Circumstances page 14APPENDICESHelpful Hints: Making the Most of the IEP ProcessPossible IEP Accommodations/ModificationsRelated Information (Graduation; Suspension and Expulsion;Manifestation Determination; IDEIA; PA 451; NCLB; Section 504)AcronymsGlossaryResources for ParentsProcedural Safeguards Available to Parents ofChildren with DisabilitiesMy Personal DirectoryAppendix AAppendix BAppendix CAppendix DAppendix EAppendix FAppendix GAppendix H3

SPECIAL EDUCATION – WHAT YOU SHOULD KNOWThe schools and residents within the Washtenaw Intermediate School District (WISD) have along-standing belief that all children are entitled to the full benefits of a public education.This belief is supported by State and Federal laws, e.g., the Individuals with DisabilitiesEducation Improvement Act, known as IDEIA. These laws recognize that every individual isunique and different, and that, while everyone can learn, the ability to learn and the rate atwhich each individual learns varies from one person to another.Michigan Law, under Act 451 of the Public Acts of 1976, requires that special educationsupports be available to all eligible children, from birth to age 26, or graduation. Personsresiding within the Washtenaw Intermediate School District, and qualified to receive specialeducation supports, will be provided with appropriate programs and/or services by a localeducational agency, the intermediate school district, and/or through an approved contractagreement. The types of supports provided for each student vary depending on individualneed.Just as people are different, so too, are disabilities. They vary from one person to another.A disability may be perceived as mild to severe. Every disability, however, has one thing incommon: Whether physical, mental, emotional, sensory or a developmental delay, thesedisabilities can interfere with typical classroom learning. Special education is speciallydesigned instruction to help students with special needs reach their maximum potential.As you read through this handbook, you will find a description of the special educationprocess. This process is based on specific state and federal laws that protect you and yourchild.The special education process begins when you, your child’s teacher, your child’s doctor, oranother person, contacts your local educational agency or intermediate school district inwriting and asks for help for your child. With your consent, the school district begins theprocess of evaluation and other required steps, as outlined on the following pages. Pleaseremember that in this booklet “parent” also refers to guardians and surrogate parents.There are appendices at the end of this booklet for your reference and use.4

STARTING THE REFERRAL PROCESSSome children have special instructional needs because they have a disability. Other childrenhave special needs that are not caused by a disability. For example, some young studentshave difficulty mastering a particular curricular process because they aren’t developmentallyready. Other students may require curricular items to be presented in a different format toachieve mastery. When students initially have problems in school, many schools use prereferral/preventioninterventions to more carefully review the areas of instructional concern.Intervening prior to a referral sometimes provides the instructional support needed toprevent what begins as a lack of readiness from becoming a disability.A special education referral is a written statement that a child has a suspected disability thatinterferes with learning and may have a need for special education supports. Anyone who isconcerned, including parents, teachers, social workers, licensed physicians, nurses, fosterparents, or representatives of other agencies, may refer a person suspected of having adisability. In most cases, this referral will be handled at the local school level.Within ten (10) calendar days of receipt of the referral, the school district shall notify you inwriting and request your permission to evaluate your child. This notice must be in yournative language and must be understandable to you. This notice also needs to explain whyan evaluation is proposed. You should respond to this request within seven (7) calendardays because the school district cannot proceed with the evaluation without your writtenconsent. If you decline permission to evaluate your child, the school district may request adue process hearing to appeal your refusal.5

The Special Education Process:TIMELINES AND IMPLEMENTATIONo When a student is suspected of having a disabilitythat affects his/her education, a written referralmay be submitted to the local educational agencyby parent(s), school staff, or other professionalso The required information and consent forevaluation form from the local educational agencyis given to the parent(s) within ten (10) calendardays of receiving the referral.o Parent(s) return signed consent form givingpermission to evaluate. The evaluation must becompleted within thirty (30) school days. (Anevaluation timeline extension may be requested, ifnecessary.)o The student receives a comprehensive evaluationby a team of professionals called the MET. TheMET determines the student’s level of educationalperformance and makes a recommendation forspecial education eligibility based upon state law.The MET report is presented to the IEPT.An IEPT meeting is convened:• Parent(s) invited to meeting.• Review of evaluation is conducted• Eligibility for services is determined based uponstate rules and regulations.• Goals and objectives are created.• Services are outlined.• Placement decided.• Signed parent consent to deliver the initialprogram/service(s) is obtained.o On at least a yearly basis, the IEPT is convened toreview goals/programs/ services.oo Re-evaluation for special education eligibility mustbe considered by the IEPT at least every three (3)years.Referral(Within 10 calendar days)Parental NoticeParental Consent Received(Within 30 School Days)IEPT Meeting(Superintendent notice -within 7 calendar days)(Implemented Within15 School Days)Annual Review – One YearRe-EvaluationNOTICE PERMISSIONE V A L U A T I O NPLANNING/IMPLEMENTATIONPERIODICREVIEW6

ELIGIBILITY FOR SPECIAL EDUCATION SERVICESThe Michigan Administrative Rules for Special Education define eligibility for special education services within thirteen categories of disability:‣ Autism Spectrum Disorder (ASD) – Students with autism spectrum disorder have a lifelong developmentaldisability that adversely affects educational performance in academic, behavioral, and/or social ways. Students exhibitimpairments in reciprocal social interactions (including impairment in the use of nonverbal cues such as reading facialexpression, body postures or gestures, lack of eye contact, failure to develop appropriate peer relationships, impairmentin sharing enjoyment or interests with others, and impairment in social reciprocity); qualitative impairments incommunication (delay in or lack of speech, impairment in pragmatics or inability to engage in reciprocal conversation, oruse of stereotypical or idiosyncratic language) and restricted range of interests/ repetitive behavior (stereotypical andrestricted interests, inflexible need for routines, repetitive motor activity, preoccupation with parts of objects). Unusual orinconsistent responses to sensory stimuli may also be present. Rule 340.1715‣ Cognitive Impairment (CI) – Students with cognitive impairment learn at a slower rate than “typical” students.Learning and independence levels vary, and programs will range from teaching academic and vocational skills, teachingdaily living and pre-vocational skills, to teaching basic self-help skills. These students’ progress will often be measuredwith alternate assessments. Rule 340.1705‣ Deaf-Blindness (DB) – Students have concomitant hearing and visual impairment, the combination of which causessevere communication and other developmental and educational needs that require special supports. Rule 340.1717‣ Early Childhood Developmental Delay (ECDD) – Students eligible under this category are children up to 7years of age whose development is significantly delayed in one or more areas, and who do not qualify under any otherspecial education eligibility. Rule 340.1711‣ Emotional Impairment (EI) – Students with emotional impairment demonstrate behavioral problems, related towithdrawal, depression, low self-esteem, anxiety, physical complaints, etc., over an extended period of time thatnegatively affect their ability to learn. Rule 340.1706‣ Hearing Impairment (HI) – Students with any degree of hearing loss that interferes with learning. These personsmay have mild or moderate hearing loss or be totally deaf. Rule 340.1707‣ Specific Learning Disability (SLD) – Students with learning disabilities have a severe discrepancy (difference)between achievement and intellectual ability in one or more areas of learning. Social and behavioral problems may bepresent, but major problems are with learning in school. They may experience difficulty with listening, thinking, speaking,reading, writing, spelling and/or mathematical calculations. Rule 340.1713‣ Physical Impairment (PI) – Students with physical impairment have physical challenges which affect their ability tolearn and may require adapted and/or special materials or equipment. Rule 340.1709‣ Other Health Impairment (OHI) – Students with other health impairments have limited strength, vitality, oralertness which adversely affect the student’s ability to learn. This includes attention deficit disorder, and health problemssuch as asthma, epilepsy, and diabetes. Rule 340.1709a‣ Severe Multiple Impairment (SXI) – Students with multiple impairments have more than one disability inintellectual, physical and/or functional abilities. They typically require intensive intervention and supports for activities ofdaily living. Rule 340.1714‣ Speech and Language Impairment (SLI) – Students who have difficulty with understanding or use of languagemay have speech or language impairment. This may interfere with learning and/or social adjustment in school andelsewhere. Typical symptoms may include poor listening skills, unclear speech, slow vocabulary development, immaturegrammar, difficulties with conversation, unusual loudness or quality of voice, or stuttering. Rule 340.1710‣ Traumatic Brain Injury (TBI) – Students with traumatic brain injury have an acquired injury to the brain that hasbeen caused by external physical force. This results in total or partial functional disability or psychosocial impairment, orboth, that adversely affects a student’s educational performance. Rule 340.1716‣ Visual Impairment (VI) – Students who have severe problems with vision, whether partially sighted or blind, whichinterferes with development and learning. Characteristics may include visual acuity of 20/70 or less in the better eye,after correction, or a peripheral field of vision restricted to not more than 20 degrees. Rule 340.17087

THE EVALUATION PROCESS – METAfter your consent is received, a team conducts an evaluation. This team is called theMultidisciplinary Evaluation Team or MET. The parent is an essential member of theevaluation team. You will be asked to provide information about your child because no oneknows your child like you do! The school personnel involved in a MET for your student willvary, depending on the suspected area(s) of disability. Staff members who frequentlyparticipate include: teacher, teacher consultant, school psychologist, school social worker,speech therapist, occupational therapist, physical therapist, school nurse, etc.Based upon the individual needs of your student, one or more of these areas could beevaluated:‣ Cognitive/Intellectual (knowledge or thinking).‣ Academic (educational skills such as reading, math, spelling, etc.).‣ Motor-Visual-Auditory (control, coordination and responses of all parts of the body,sensory).‣ Social-Emotional (feelings and social adjustment).‣ Speech and Language (understanding and using language skills).‣ Adaptive Behavior (the ability to perform social roles as expected in various areas ofdaily living).‣ Development (child’s pattern of growth).‣ Health (physical conditions interfering with school performance).The evaluation team will assess your student’s strengths and needs. It reviews and analyzesall available information about your student’s suspected disability, including school records,aptitude and achievement tests, teacher recommendations, physical conditions, adaptivebehavior, medical history and other considerations, as appropriate. The evaluation team alsoreviews and analyzes information that only you can provide about your child so you may wishto share with the team results from any outside evaluations. Your input makes a difference.During this evaluation process, you, as the parent, have the right to:♦ Have an initial evaluation completed within 30 school days after the school has receivedyour written permission to evaluate.♦ Request a copy of any reports before the IEP team meeting so you may read them andprepare any questions or comments.♦ Have more than one test or evaluation procedure used to determine eligibility and theappropriate educational support for your student.♦ Be assured testing does not discriminate on the basis of language or culture.♦ Have any evaluations you may have obtained elsewhere be considered along with theschool district’s evaluation data.♦ Be notified of each evaluation procedure, test, record, or report used in determiningeligibility and the need for special education supports.♦ An independent educational evaluation (IEE), which may be at district or your ownexpense, if you disagree with the school’s evaluation.8

ELIGIBILITY DETERMINATIONOnce the initial evaluations are completed, the evaluation team develops a written MET reportwith an eligibility recommendation. Then an Individualized Educational Program Team (IEPT)meeting is scheduled. The IEPT, in which you are a critical participant, is the decision-makinggroup. The IEPT reviews the MET report, as well as any other information, and then decideswhether or not your child is eligible for special education services.DEVELOPING THE INDIVIDUALIZED EDUCATIONALPROGRAM TEAM REPORTAs a parent, you must be invited to attend the IEPT meeting. The IEPT meeting must bescheduled at a mutually agreeable time. If you can’t physically attend, the local educationalagency must use other means, such as telephone calls or email, to help you participate. Ifyou’re not prepared for the meeting, you may request a postponement. Remember: you, asthe parent, are an essential member of the IEPT and have a right to be involved in anydecision made about your child’s educational program. As a member of this team, you shouldbe assured that no one person is acting alone to develop and decide on the school services foryour student.If the IEPT determines that your student has a disability, and could benefit from specialeducation services, the team will then develop an Individualized Educational Program (IEP) forhim/her. THE IEP IS A LEGAL CONTRACT. The IEP identifies your student’s individual needsand recommends appropriate supports. It assures that your student’s instruction meetshis/her particular needs and the specific strengths and weaknesses of the student must beconsidered.Participants in an IEPT meeting shall, at a minimum, include:• You, the parent(s). You may also invite your Parent Advisory Committee (PAC)representative, an advocate, lawyer, or other person of your choice, to come with you.• Your student, who is encouraged to participate, especially when discussions occur abouttransition from school to adult roles.• Your student’s teacher(s) (or a teacher appropriate for your student’s age and ability ifs/he has not been previously enrolled by the local educational agency). At least one of theIEPT participants should be a general education teacher.• A representative of the local educational agency, other than the student’s teacher, who isqualified to provide, or supervise the provision of, special education services.• A member of the MET (if this is the initial IEPT meeting) is required to present the writtenMET report and discuss your student’s current level of educational performance.• A person knowledgeable about the general education curriculum.9

The written IEP must include information about:• Your student’s present level of academic achievement and functional performance.• Baseline data about your student from observations, district-wide assessments, tests, checklists,progress reports, report cards, and student or parent input.• A statement of how the disability impacts the student’s involvement/progress in the generaleducation curriculum.• A description of your student’s educational needs.• Annual goals (AG) and short-term instructional objectives (STIO), and progress achievedtowards previous goals.• Methods to evaluate progress on instructional objectives.• How much your student will be participating in general education activities (or, if your child is apreschooler, in age-appropriate activities), extra-curricular activities, and school-related nonacademicactivities.• The least restrictive environment (LRE) placement options which were considered, includingwhy the options were accepted or rejected.• The special education supports to be provided for your student. (See pages 12-13)• The frequency and duration of the supports to be provided.You and the other members of the IEPT work together to develop your student’s individualizedprogram. If there are differences of opinion among the team members, it may not necessarily be asign of trouble. Differences of opinion typically reflect that participants are sincerely concerned aboutyour student. It’s important to continue working toward a consensus agreement.Additional considerations:‣ Except for signing on as a participant, you do not have to sign agreement with the IEP at the timeof the meeting. You may ask to take a copy with you to review before signing. The IEP MUST besigned within seven days. Remember: this is a legal contract.‣ You have a right to have a copy of the completed IEP.If your student is found to be eligible for special education services, remember that youhave the right to:• A review and revision of the IEP for your student at least once every year, and more often if yourequest it.• A comprehensive re-evaluation at least every three years (See “Three-year Re-evaluations”, page14).• A vocational evaluation before your student receives vocational education or by age 14.• Receive progress reports at least as often as other students in your local educational agency.If you don’t agree with the IEP, you may:◦ Request adjournment and reconvene at a later time to review.◦ File a dissenting report (see Appendix G).◦ Check the box that indicates your disagreement, but allow the IEP to be implemented.◦ Check the box that indicates disagreement, and request mediation (see page 11).◦ Check the box that indicates disagreement, and request a due process hearing(see Appendix G).Remember: Seven days after the initial IEP, an unsigned IEP implies consent.10

IF YOU HAVE A PROBLEM…Remember that communication is the key to any successful program. Regular meetings withyour student’s teacher and team of school personnel can keep things running smoothly. It isessential that you become a part of your student’s team. If a problem does develop, try towork on it as soon as possible. Listen to what the other members of the team have to say andcommunicate your point of view calmly and clearly.ooooooYour first step may begin with scheduling a meeting with your student’s teacher(s) andtherapist(s). Talk to them first, identify the problem(s), discuss options and look for a solution.The school or district teacher consultant, social worker, psychologist and/or other teammembers would be the next set of people to get involved in trying to reach a solution.The school administrator or principal can facilitate solutions if the previous two steps have notresolved the situation.If the principal cannot resolve a problem to your satisfaction, you may contact the agency’sSpecial Education Director, Equity Officer if available, Superintendent or school boardmember(s).If the problem is still unresolved, you may contact the WISD compliance officer and/or theWISD special education director for help.If all of these steps have been tried, and your child’s IEP is not being implemented, you may filea complaint with Washtenaw Intermediate School District (WISD).Remember, you may request a new IEPT meeting at any time.Coming to a satisfactory solution by compromising and/or negotiating with your student’sschool team may be the most effective method of problem solving.MEDIATIONIf there is a dispute between you and the LEA (local educational agency), you may want toconsider a mediated agreement before requesting a due process hearing. The purpose of thisprocess is to bring two parties together to try and settle differences so that a hearing is notnecessary. Mediation is voluntary and free and results in a legally bindingagreement. You and the educational agency select a mediator, set ground rules, and bothmust agree to the mediated solution. When mediation is successful, both parties have anincreased commitment to the individualized agreement that is reached. You and the local educational agency must agree on the mediator. The state maintains a list ofqualified mediators who are knowledgeable in special education laws and regulations. The mediator cannot impose a decision. The mediator’s role is to assist you and the educationalagency in arriving at a mutually agreed upon resolution. If you and the educational agency develop a resolution, you must receive a written copy. All mediation discussions are confidential and cannot be used in any subsequent due process orcourt proceeding. Mediation may help you to have a stronger role in the decision-making process. Mediation can help you find workable solutions and specify how they are to be implemented.If mediation is not successful, you may request a due process hearing(see appendix G).11

SPECIAL EDUCATION SUPPORTS A continuum of special education supports is identified in the Washtenaw IntermediateSchool District Plan for students with disabilities, ages 0-26. The type and amount of support provided to each student is decided on an individualizedbasis by the IEP Team. To the maximum extent possible, the student must be included in general education classesand activities. The “least restrictive environment” or “LRE” is based upon individual need and the extentthat a particular individual will be involved with his/her peers in general education classesand activities. LRE spans placements from fully “self-contained” classrooms with little or nopeer contact in general education settings to “full inclusion” wherein the student is involvedwith peers in general education settings for most or all of the school day. LRE is potentiallydifferent for each student. Some school buildings and/or local educational agencies provide special education servicesas part of a unified system where students are supported to the greatest extent in generaleducation classrooms. Some ways to provide special education support in generaleducation classrooms might include team teaching, cooperative teaching, or other forms ofclassroom-based support. Other local educational agencies and school buildings providespecial education supports outside general education classrooms. Some local agencies andbuildings provide a combination of the above.Supports for children, birth through age 5:Home/non-classroom pre-primary staff and preschool teachers support eligible children from birthto age 5. Children under age 3 are served through “Early On” (infant and toddler program), whichincludes development of an Individualized Family Service Plan (IFSP), similar to an IEP. TheIFSP emphasizes high levels of parent involvement and coordination among agencies that work withyoung children with special needs and their families. Supports are typically provided in homes.Preschool children ages 3 to 5 are supported in their homes, in age-appropriate early childhoodsettings, or in the Early Childhood Developmental Delay(ECDD) classrooms.Supports for students, K-12, in LRE, from maximum to minimum inclusion with nondisabledpeers:• Teacher consultants may support eligible students who spend all or most of their time in ageneral education classroom; they also consult with the general education teachers of thesestudents.• Resource teachers may provide specialized instruction for students for any time period up to thefull school day. Special education (categorical) classroom teachers provide specializedinstruction to students, up to full time; classrooms are generally located within a localeducational agency school building.• Center-based special education classroom teachers provide instruction to students with moreextensive educational disabilities; the classrooms may be in a local educational agency schoolbuilding or a separate special education facility.12

Accommodations/Adaptations/Modifications:Some students require accommodations, adaptations and/or modifications to help them benefit from instruction.Examples of these may include:Augmentative communication device(s) Behavior Intervention Plan (BIP)Manipulatives/Hands-on tasksAdjusted/arranged seatingWritten/picture daily schedule outlineOral (vs. written) responsesStudy guidesCalculator/tape recorder usePartial participationDaily schedule (written, pictured)Peer supportsWord processing (vs. handwriting)Extended testing timeReducing distractionXeroxed notesIndividually designed promptsPre-teachingRepetitionAdaptive Physical Education:(See appendix B for additional information.)The need for Adaptive physical education should be considered in the Present Levels of Academic Achievement andFunctional Performance section of the IEP. If it is determined that the student requires a specially designed physicaleducation program, it should be identified in the Programs and Related Services section.Related Services:Eligible students may also receive related services as specified in the IEP. Examples of these are:Occupational therapyPhysical therapyAudiological servicesOrientation and MobilitySchool social workerRehabilitation counselingNursing servicesPsychological servicesHomebound and hospitalizedSpeech and languageTeacher consultantEarly childhood servicesServices in juvenile detentionInterpreting servicesSpecial education classroom programs:Some of the special education classroom programs currently supporting students with staffing and management bylocal educational agencies and/or the WISD include:Autism Spectrum Disorder (ASD) Other Health Impaired (OHI) Deaf Blind (DB)Emotionally Impaired (EI)Cognitive Impaired (CI)Early Childhood Developmental Delay (ECDD) Learning Disabled (LD)Hearing Impaired (HI)Multiply Impaired (SXI)Resource Rooms (R/R)Physically Impaired (PI)The majority of these programs are staffed per state requirements by disability category and are cross-categorical innature. This means that students with a variety of special education eligibilities may be placed in similar programs tomeet their unique needs.13

SPECIAL CIRCUMSTANCESRe-evaluationsEvery student eligible for special education services qualifies to receive a comprehensive re-evaluation at least everythree years. Rather than simply having the three-year re-evaluation address eligibility, this allows the IEPT (You arean essential member of this team) to decide what data/tests are needed to organize a comprehensive review of eachstudent’s progress and needs for special education services. A discussion of assessment options for a student’s reevaluationshould occur before the three-year re-evaluation is due.Developing Visions and GoalsPlanning systems can and should be used for students of any age. Some systems are more suited to planning forschool, while others involve many or all aspects of a student’s life. Some planning systems are Circle of Friends,COACH (Choosing Options and Accommodations for Children), Curriculum Matrix, MAPS (Making Action Plans), PATH(Planning Alternative Tomorrows with Hope), and Person Centered Plan (PCP). Facilitators and assistance in utilizingthese methods can be found at organizations such as WISD, ACA (Association for Community Advocacy), AutismSociety of Michigan (ASM), CMH (Community Mental Health), and/or the Arc of Michigan.TransitionsTransitions of varying degrees will occur often during a student’s time in school. There are transitions from anIndividualized Family Service Program (IFSP), when a child reaches age three, to an Individualized EducationalProgram (IEP) when a student enters a preschool or school program. There are transitions from grade to grade, frombuilding to building, and from level to level. At any time of transition, it is helpful for the student and his/her family toprepare by talking with and meeting new staff, exploring the facility, looking at transportation and any other newexperiences, which the student may encounter. For instance, if lockers are new to the student, try one out todetermine if a key lock is needed instead of a combination. Consider having the next IEPT meeting at the new school.Invite the staff from both grades and/or schools. Arrange for your student to experience a day at the school befores/he actually attends. Go to the new school often so your student is familiar with the facility. Preparation will meanthat, when the transition occurs, it does not seem like such a big change.Student’s Post-Secondary GoalsIt is important that the IEP be driven by the student’s relevant preferences and goals for his/her post-secondaryschool activities. If the student did not attend and participate in the IEP team meeting, it is required to at leastindicate the steps taken to ensure that the student’s preferences were considered. The following questions are astarting point for a discussion with the student about future dream and goals:1. As an adult, where do you want to live?2. As an adult, what kind of work do you want to do?3. As an adult, what hobbies and activities do you want to have?4. After high school, what additional education and training do you want?Transition planning to adult lifeTransition (as defined by the IEP) refers to a coordinated set of activities designed to help a student with a disabilityprepare for adult roles and responsibilities. IDEIA 2004 requires that transition planning begin at age 16. This is whenthe IEP Team must address a student’s pre-vocational/vocational needs. For students aged 16 or older, the IEPTmust consider the need for transition services and this is documented on the transition page of the IEP. This mustinclude a statement of transition service needs of the student, which focuses on the student’s course of study (such asparticipation in advanced placement courses or a vocational program). The IEP may determine what instruction andeducational experiences will assist the student to prepare for transition from secondary education to post-secondarylife. At age 16 (or younger if appropriate), referral(s) should be made for needed transition services, such as MichiganDepartment of Career Development/Rehabilitation Services. The local educational agency must invite the student anda representative of any agency that is likely to be responsible for providing or paying for transition services. If an14

invited agency does not attend, the school district shall take other steps to ensure that agency’s participation intransition planning. The directors in Washtenaw County have decided a written transition plan will be part of the IEPevery year beginning at age 14 or younger. Transition plans should address all aspects of a student’s life includinghigh school and post secondary education, vocational training, daily living skills, housing, recreation, communityinvolvement and employment.Age of MajorityAge of majority (age 18) means that a student is a legal adult, who makes the decisions at his/her IEPT meeting, aswell as in other areas of life. At this time, the rights of the parent transfer to the student unless guardianship, partialguardianship or power of attorney is obtained. Some advocacy groups advise against guardianship and feel there areless restrictive ways to help young adults with disabilities. Age of majority should be an ongoing educational topic forthe student well before the student becomes age 18. Guardianship issues (independence, decision-making skills,partial guardianships as appropriate) can be addressed early in the student’s secondary education career in the IEPunder Transition Services (courses of study, adult living, daily living skills). If rights will be transferred to the youngadult, encourage the school to assist in training the student in the IEP process and if possible, in chairing the IEPTmeeting before the age of majority. This will be easier if the student has been an active member of the IEP team, hashad training in self-advocacy and self-determination and has had a person-centered plan (PCP). The student will helpdetermine participants in the IEPT meetings, which may or may not include his/her parent(s) and/or an advocate. Atthis time a student will also want to check his/her eligibility for Supplemental Security Income, register to vote, andmales may need to register for the draft.GraduationIn Michigan, a student with disabilities, who is eligible, can receive services from the public school agency until age 26,unless that student fulfills the graduation requirements of the agency. If graduation requirements are fulfilled and thestudent receives his/her diploma, the student is no longer eligible for services from the agency or the intermediateschool district. Remember, there is a difference between participating in a graduation ceremony and the actualawarding of the diploma. Your student may wish to participate in all senior activities, even if s/he will continue in ayoung adult program within the LEA or WISD. Under IDEA 2004 any student graduating with a general educationdiploma or leaving school because s/he has exceeded the age of eligibility must have a “Summary of Performance”report completed. For more information on graduation, see Appendix C.School based services:School Based Services (SBS) is a cooperative effort between the federal and state government, WISD and localeducational agencies to seek Medicaid reimbursement for certain special education related services. Reimbursementonly applies to situations where students meet Medicaid eligibility criteria. WISD is the approved provider andcoordinates these activities. The money that is generated is added to the educational fund that supports programsand services at WISD and in the local educational agencies. Medicaid routinely mails Explanation of Benefits (EOB)forms to a random sample of people who have received some type of Medicaid reimbursable service. The purpose ofthe sample is to verify that the services were delivered. If you receive an EOB form that refers to a service providedby the WISD and/or public school agency, and you have questions about it, please contact WISD’s School BasedServices/Medicaid personnel at 994-8100, ext. 1517.Extended School Year (ESY):The need for ESY services must be considered for each student eligible for special education. ESY services may beprovided by a public school agency (PSA) during school break periods, if the level of regression (loss of skills) and thelength of recoupment (time it takes to re-learn lost skills) exceeds that of the general student population. Reasonableamount of time for recoupment is considered to be about 7 to 9 weeks after summer break. These services areconsidered only on an individual-need basis, to be determined by the IEP Team. Determination of need for ESYservices must be addressed annually and is based upon 1) IEP Team review of the student’s progress toward goals,2) documentation/observation of regression and recoupment during school break periods, and 3) lacking otherinformation, professional opinion.15

HELPFUL HINTS:MAKING THE MOST OF THE IEP PROCESSAppendix ABefore the IEPT Meeting:• Obtain as much information as you can before the IEPT meeting. Talk with your student’s teacher and the peoplewho evaluated your student. Read their reports in advance, review the last IEP, and read your student’s records.• If possible, meet with your student’s teacher and observe your student in his/her current program.• Call the special education office for the location of specific programs under consideration for your student. Visit anyproposed programs before the IEPT meeting is held.• If your student has received services from another agency, collect as much information as you can and share it withthe school. This could include any activities your student participates in outside of school.• If possible, both parents should plan to attend the IEPT meeting. You may also want to bring someone else with you(child-care provider, family member, advocate, professional etc.).• Familiarize yourself with terminology used in IEPT meetings. Review the glossary in this handbook. If you do notunderstand a term used, ask to have it explained.• Review the goals from the previous year’s IEPT report. Have goals been met? Are the goals chosen last year stillimportant, or have other needs become more important?• Write down your questions and concerns to take to the meeting. You may need a reminder of some of the issues asthe meeting progresses.• Make a list of suggestions that you might like to see written into your student’s IEPT report.• Think of some of the skills that your student will need to learn in the coming year or that you would like to seeaddressed by the IEP Team.• If you believe that your student is ready to attend his/her IEP, make sure that s/he is invited! Discuss the IEP processwith your student. Help him/her to think about the skills that s/he would like to work on during the coming schoolyear.• Consider taking a tape recorder. This may especially be a good idea if both parents, or other concerned adult,cannot attend the meeting. Be aware that some IEPT participants may be uncomfortable about being taped,however, and some may have negative feelings about it.• Ask what ancillary services are available and appropriate for your child, i.e. Physical Therapy, Occupational Therapy,etc. If appropriate, ask for an Assistive Technology assessment to determine what assistive technology services ordevices may help your student learn.• Remember, if you need help, call your Parent Advisory Committee (PAC) representative (see page 43).During the IEPT Meeting:• Know that you can participate fully in the meeting, sharing your opinions and ideas about the educational needs andprograms for your student. Remember that you are an important member of your student’s team. You knowyour child the best. You spend more time with your child than anyone else at the meeting. And, you are an experton your child!• Share your student’s strengths and interests.• Ask for an explanation of any terms that are new to you.• Ask about the advantages and disadvantages of various programs or classes proposed. Ask for the reasoning behinda suggestion if you don’t understand it.• List the ancillary services and supports your student needs in writing on the IEPT report (a possible list ofaccommodations may be found in Appendix B). This can also include the need for regular (weekly, monthly,quarterly) team meetings to discuss your student’s progress. Make sure that the team discusses whether yourstudent needs extended school year (ESY) services, and document this on the IEPT report. Remember, the IEP is alegal contract between you and the local educational agency.16

• The IEP Team needs to discuss whether or not your student will participate in standardized assessments like MEAP(Michigan Educational Assessment Program) tests or whether an alternate assessment may be a better choice. If anyaccommodations are needed during standardized testing (extra time, quiet location, questions read to the student)this must be included in the IEPT report. Also include the need for accommodations for routine testing at this time.• If needed, make sure that a Functional Behavioral Analysis (FBA) and Behavior Intervention Plan (BIP) are part ofyour student’s IEPT report.• Ask what can be done at home to help reach educational goals.• If your student attends the IEPT meeting, make sure that s/he has time to provide input, and discuss the followingyear’s goals. You may decide that your student should attend part of the meeting, and continue with writing goalsafter s/he has been given an opportunity to participate.• If your student is 14 years old (or younger if appropriate), make sure that a transition page is included in the IEPTreport. Make sure that transition needs and services are discussed at the IEPT meeting.• If the members of the IEP Team cannot come to agreement, you may ask to adjourn the meeting until moreinformation/options have been explored.• Be sure you understand the contents of the IEPT report before you sign it. If you are uncertain, ask for a copy of theIEPT report, take it home and think about it for a day or two before signing. You need not sign it at themeeting, but it does need to be signed within 7 calendar days of the IEPT meeting. Any IEP other thanyour student’s initial IEP can be implemented by the local educational agency without your consent. If aspouse has been unable to attend the meeting, you might want to take it home and discuss what decisions havebeen made before signing.• Note that there are several options on the parental consent part of the IEP form. You may sign that you agree withthe plan, or disagree with it *. Please consider this section carefully before signing.After the IEPT Meeting:• Keep the IEPT report and all other pertinent special education records together and place them in a safe location.• Keep some of your student’s homework and extra curricular activity accomplishments as an example to help youremember what has been accomplished through the year.• You are an important part of your student’s educational team. Visit the school. Get to know your student’s team ofteachers, para-professionals/teacher assistants, therapists, principal, etc.• Keep positive communication channels open between school and home. Share unexpected information that mayaffect your child’s behavior (late night, illness at home, conflicts, changes, etc.).• Keep in mind the goals of the IEPT report and a list of whether these are being addressed. The school is requiredto give you a report of progress on IEP goals at least as often as every marking period, or morefrequently if specified on the IEPT report. Remind them if they are not prompt in providing this to you.• Know that you can ask for another IEPT meeting at any time during the school year (if the program for your studentisn’t working, too many conflicts seem to occur, the IEP isn’t being followed, etc.).*Disagreement:If you disagree with the majority opinion of the IEPT report, you have several options/rights for consideration. Thesemay include writing a dissenting report, requesting mediation, and/or requesting a due process hearing. Be sure to signthe IEP, but check one of the boxes that indicate that you do not agree with the content of the report.Within 15 calendar days of receiving notice of a due process complaint and prior to the initiation of a due processhearing, the LEA must convene a meeting with the student’s parents and relevant members of the IEPT. You may stillaccept a mediated agreement, or agree to changes proposed by the LEA and stop the due process hearing if you and theLEA are able to come to an agreement. Also, keep in mind that if you request mediation or a due process hearing, theprevious IEP remains in effect until agreement can be reached. See the Procedural Safeguards (Appendix G)section for more information.17

Appendix BPossible Accommodations/Modifications to be included in an IEPSupplemental aids and services necessary to enable _______________________to participate successfully in the general curriculum.Pacing• Adjust deadlines• Vary activity often• Omit assignments requiring timed copying• Adjust amount of work required to meet requirements• Provide home set of text/material for preview/review• Other:________________________________________Environment• Plan seating strategically:BusClassroomLunchroom Auditorium• Alter physical room arrangement• Define areas concretely• Reduce distractions:VisualAuditorySpatialMovement• Teach positive rules for use of space• Other:_______________________________________Assignments• Give directions in small distinct steps (written, picture,& verbal)• Provide print copy for oral directions• Reduce difficulty level• Shorten assignments• Reduce paper and pencil tasks• Read or tape record directions• Give extra cues or prompts• Allow student to record or type assignment• Adapt worksheets, packets• Provide alternate assignment/strategy when demandsof class conflict with student capabilities• Limit penalizing for errors that reflect student's disability• Provide samples of what an "A" assignment looks like• Other:__________________________________________Presentation of Subject Matter• Teach to student's learning style:VisualAuditoryTactileExperiential• Use individual/small group instruction• Utilize specialized curriculum• Tape lectures/discussion for replay• Provide notes• Apply academic skills to practical situations• Present demonstrations (model)• Utilize manipulatives• Highlight critical information• Pre-teach vocabulary• Make/use vocabulary files• Reduce language level or reading level of assignment• Use total communication/interpreter• Share activities• Other:______________________________________Home/School Communication• Team meeting Daily journal• Other:_________________________________________Materials• Arrangement of material on page• Note-taking assistance/carbonless or paper copy oflecture notes• Use supplementary materials• Taped text and/or other class materials• Typed copy of teacher material• Electronic typewriter• Calculator• Computer• Video record• Telephone adaptations• Tape recorder• Augmentative communication device• Other:___________________________________________Self Management/Follow Through• Follow visual daily schedule• Use calendars• Check often for understanding/review• Request parent reinforcement• Have student repeat directions• Teach study skills• Use study sheets to organize material• Design/write/use long-term assignment timelines• Review and practice in real situations• Plan for generalization• Teach skill in several settings/environments• Other:__________________________________________Testing Adaptations• Taped• Oral responses• Read test to student• Application in real setting• Extended time frame• Preview of test language• Multiple choice• Short answer• Shortened questions• Modified format• Administered by resource person• Other:__________________________________________Motivation and Reinforcement• Verbal• Nonverbal• Positive reinforcement• Behavior management• Tap strengths/interests• Other:__________________________________________Social Interaction Supports• Peer advocacy• Sharing• Partial participation• Greetings• Peer Tutoring• Negotiation• Focus on social process rather than activity/end product• Structured shared experiences in extracurricular activities• Cooperative learning groups• Use of multiple/rotating peers• Teach friendship skills/sharing/negotiations• Teach social communication skills• Conversational turn taking• Structured activities to create opportunities forsocial interaction• Other:__________________________________________18

RELATED INFORMATIONAppendix CGRADUATIONPublic Act 451 of 1976 places the responsibility on every public school agency to provide for each eligible residentchild with a disability (who is not a high school graduate and is not more than 25 years of age as of September 1 ofthe school year of enrollment) special education supports designed to develop his/her maximum potential.All public school agencies approved to graduate students with disabilities from a special education program havesubmitted a plan to the ISD indicating how they will meet the graduation requirements by providing physicaleducation, prevocational, personal adjustment and vocational experience to these students. These agencies identifyall program alternatives for students by listing general and special education courses, and individualized sessions.The agencies also indicate when the students will receive specific instruction. The plan includes the requirementswhich must be met by each student, including the minimum level of performance that a student must achieve in orderto receive a diploma. A copy of each agency’s approved plan is on file at the ISD.Under IDEA 2004 a student who is either graduating with a general education diploma or leaving school because theyhave exceeded the age of eligibility, must have a “Summary of Performance” report completed. The purpose of thisreport is to assist the student in meeting his/her post-secondary goals.SUSPENSION AND EXPULSIONEach public school agency has its own suspension and expulsion policies. However, if your child has either a knownor suspected disability, federal and state laws provide him or her with certain protections when it comes to suspensionor expulsion.If the public school agency suspends your child for a total of ten or more school days over a single school year, itmust call for an IEP team meeting to determine whether your child’s repeated misconduct is related to his or herdisability. This is called a Manifestation Determination. If the team determines that your child’s behavior isrelated to his or her disability, you and the rest of the team may want to consider changes in your child’s specialeducation certification, placement, or services to help alleviate the problem. If the team determines that your child’sbehavior is not related to his or her disability, the agency may want to continue suspension proceedings. However,keep in mind that you have the same rights you have at any other IEP team meeting – you may dissent, ask formediation, or request a hearing if you disagree with the team’s recommendations.If the public school agency wants to expel a child with a known or suspected disability, the law states that it must callan IEP team meeting before expelling that student. This is true even if the child has brought a weapon to school.Again, the IEP team must determine whether your child’s behavior is related to his or her disability. If there is arelationship, the agency cannot expel your child. However, the IEP team can still consider a change in your child’scertification, placement, or services.If the IEP team determines that your child’s behavior is unrelated to his or her disability, the public school agency maychoose to continue expulsion proceedings. However, keep in mind that in any IEP team meeting, whether the team isconsidering suspension, expulsion, or a change in placement or services, you as a parent and a member of the teamalways have the same set of rights. If you disagree with the rest of the team, you can sign the IEP in disagreement,request mediation, or request a hearing. In addition, even if the public school agency expels a child with a disability,the agency still has a responsibility to educate the child. For more information on suspension and expulsion, contactyour Special Education Director, Project PERFORM or one of the advocacy agencies listed in Appendix F.19

IDEIA and Michigan LawThe “Individuals with Disabilities Education Improvement Act,” or IDEIA, is one of the laws affecting a student’s participation inspecial education. IDEIA is the Federal Law (Public Law 105-17) that sets national standards for educating students withdisabilities. IDEIA is administered under the United States Department of Education through regulations. IDEIA isreauthorized every 5 years by the United States Congress, and was last reauthorized in 2004. IDEIA continues to work to“improve educational results for children with disabilities” from birth to age 21.IDEIA requires public school agencies to provide Free Appropriate Public Education (FAPE) for students with disabilities inthe Least Restrictive Environment (LRE). IDEIA addresses appropriate evaluations, eligibility for special education, and astudent’s Individual Education Program (IEP) as well as many other special education related areas. It strengthens therole of families in their student’s education and ensures such student’s access to and involvement in the generalcurriculum to the maximum extent possible. Services, aids and supports are provided in the regular classroom, wheneverappropriate. (Note: This parent handbook was written to help families understand the special education process and theIEP.)Michigan has its own law for educating students with disabilities. This is Public Act 451, which is Michigan’s MandatorySpecial Education Act. This is part of a larger Michigan law called the Michigan School Code of 1976 and is administeredthrough Michigan Administrative Rules for Special Education. Michigan’s law provides educational services to studentswith disabilities to age 26 (Note that this is a higher standard than is required by IDEIA [age 21] and Michigan publicschool agencies must meet the higher standard). Schools in Michigan must provide an education designed to develop themaximum potential of every student eligible with a disability. Michigan schools must also comply with the federal lawssuch as IDEIA.Copies of these laws, regulations, and rules are available at libraries, intermediate or local public school agencies, throughstate or federal offices of special education, through state or federal legislators, or on the Internet. Remember that bothfederal and state laws undergo periodic review and reauthorization. Please see the Resources for Parents, Appendix F, inthis handbook for addresses, phone numbers, and Michigan Office of Special Education/Early Intervention Serviceswebsite. See the inside back cover for the names of local public school agency special education administrators and PACmembers.No Child Left BehindThe No Child Left Behind (NCLB) Act is a federal law enacted in 2001 that calls for standards-based reform of theeducational system. Key provisions include testing requirements at multiple levels of student performance and theestablishment of baseline school pass rates. The act focuses on each school making Adequate Yearly Progress (AYP)toward the goal of 100% students maintaining a passing grade in reading and mathematics by 2014. This law includesaccountability standards, supplemental services required in underperforming schools, and the eventual restructuring ofschools that fail to make AYP for a specified number of years.For students with the most significant cognitive disabilities, only 1% of the students within a districts may be given analternative assessment and still be included in AYP calculations. Now, however, an additional 2% of students may betested on “modified academic achievement standards” without a school incurring an AYP penalty.NCLB requires all elementary, middle and secondary teachers to be highly qualified. Special education teachers who teachcore academic subjects must meet highly qualified requirements. Teacher consultants, resource room teachers who donot teach core academics and special education teachers team-teaching in a general education classroom do not have tomeet the highly qualified requirement. Special education teachers who teach to alternate achievement standards onlyneed to meet the highly qualified elementary requirements, even if they teach at the secondary level.All paraprofessionals must now meet highly qualified requirements as well. Paraprofessionals must have a secondaryschool diploma or its recognized equivalent. All paraprofessionals hired after January 8, 2002, and working with a20

program supported with Title I, Part A funds must have completed two years of study at a higher-educational institution,obtained an associate’s degree (or higher), or meet a rigorous standard of quality and be able to demonstrate knowledgeof and the ability to assist in instructing, reading, writing and mathematics (or appropriate readiness in these subjects).All paraprofessionals hired before January 8, 2002, must meet these requirements by January 8, 2006.SECTION 504Section 504 of the Vocational Rehabilitation Act of 1973 is a civil rights law that prohibits discrimination against persons withdisabilities in any program that receives federal financial assistance. Because schools in Michigan receive money from thefederal government, they must comply with Section 504. In many respects, Section 504 is similar to the special educationlaws discussed in this handbook. However, Section 504 provides some important additional rights that may affect your child.All students eligible for special education are automatically protected under Section 504. In addition, some children who do notqualify for special education may still qualify for Section 504 accommodations. Children with the following conditions (as wellas many others) may qualify for 504 accommodations: Audio Immune Deficiency Syndrome, Attention DeficitDisorder/Attention Deficit Hyperactivity Disorder, allergies, asthma, diabetes, hemophilia, a broken leg, fetal alcohol syndrome,chemical dependency, and obesity. Many of these health conditions are now included under Other Health Impairment (OHI)for special education services. One consideration is that special education services are funded; 504 is not. You may want tospeak to your special education director and/or ask for a referral for special education services, to decide which is best for yourchild.Section 504 requires that a public school agency make “reasonable accommodations” for the special needs of a child with adisability or health condition. This means the school must try, within reason, to make all the services, programs, and activitiesthat are available to non-disabled students accessible to students with disabilities as well. (This includes extracurricularactivities such as band and science club, to name a few.) For example, a child using a wheelchair might needaccommodations that allow him or her barrier-free access to school restrooms, or to the playground at recess. You can play acentral role in asking for specific accommodations to make sure your child’s needs are met.Remember that even if the public school agency finds that your child is ineligible for special education services, he or she maystill be eligible for accommodations under Section 504. For more information, contact one of the advocacy agencies listed inAppendix F of this handbook.21

SPECIAL EDUCATION ACRONYMSAppendix DThis is a partial listing of the acronyms you may encounter during your child’s educationADAAmericans with Disabilities ActMAPSMcGill Action Planning System/ Making ActionAD(H)DAttention Deficit (Hyperactivity) DisorderPlansAGAnnual GoalMDEMichigan Department of EducationASDAutism Spectrum DisorderMEAPMichigan Educational Assessment ProgramASAsperger's SyndromeMETMultidisciplinary Evaluation TeamAUENAddressing Unique Educational NeedsNCLBNo Child Left BehindAYPAdequate Yearly ProgressOHIOther Health ImpairmentCBICommunity Based InstructionO+MOrientation and MobilityCICognitive ImpairmentOSE/EISOffice of Special Education and EarlyCOACHCreating Options and Accommodations forIntervention ServicesChildrenOTOccupational TherapistCPCerebral PalsyPACParent Advisory CommitteeDDDevelopmental Disability/DelayPBSPositive Behavioral SupportECDDEarly Childhood Developmental DelayPDDPervasive Developmental DelayEIEmotional ImpairmentPECSPicture Exchange Communication SystemELPAEnglish Language Proficiency AssessmentPIPhysical ImpairmentEMIEducable Mental ImpairmentPLAAFPPresent Level of Academic Achievement andESYExtended School YearFunctional PerformanceFAPEFree Appropriate Public EducationPSAPublic School Agency or Public SchoolFTEFull Time EquivalencyAcademy/Charter SchoolHIHearing ImpairmentPTPhysical TherapistHQTHighly Qualified TeacherSEACState Special Education Advisory CommitteeIDEIAIndividuals with Disabilities EducationSESSupplemental Educational ServicesImprovement ActSLISpeech and Language ImpairmentIEEIndependent Education EvaluationSSWSchool Social WorkerIEPIndividualized Education ProgramSTIOShort Term Instructional ObjectiveIEPTIndividualized Educational Program TeamSXISevere Multiple ImpairmentIFSPIndividualized Family Service PlanTBITraumatic Brain InjuryISDIntermediate School DistrictTCTeacher ConsultantITPIndividualized Transition ProgramTSLITeacher of Speech and LanguageSLDSpecific Learning DisabilityVIVisual ImpairmentLEALocal Educational AgencyWISDWashtenaw Intermediate School DistrictLRELeast Restrictive Environment22

GLOSSARYAppendix EAdvocate: An individual, either a parent or professional with special knowledge or training concerning the issues ofstudents with disabilities, who accompanies/represents parents and students at IEPT meetings, due process hearings andother non-judicial proceedings seeking enforcement of the education rights of that student.Adequate Yearly Progress: The No Child Left Behind (NCLB) requirement that each school will meet state reading andmath goals. Each local educational agency will inform parents whether or not each school in the district has made AdequateYearly Progress (AYP).Annual Goals: A set of general statements, which represent expected achievement over a year's time for persons withdisabilities enrolled in special education programs and services.Assessment: Specific tools used to gather information. This includes formal and informal tests; student records; workproducts; and observations of the student in the classroom, other school environments, and the community. Thisinformation is used to evaluate the student’s needs.Alternate Assessment: Federal law IDEIA requires that the progress of all students be measured by statewideassessments; not all students, however, can take standardized tests, like the MEAP. The MI-Access assessment for eachstudent with an IEP is based on student performance and the level of independence the student will most likely achieve uponleaving school. The IEP team will decide upon the appropriate state assessment for each student.Assistive Technology Devices and Services: Items that increase, maintain, or improve functional capabilities of studentswith disabilities, or services that help staff use these items.Autism Spectrum Disorder: A neurological based lifelong developmental disorder typically beginning before 36 months ofage. Now considered a spectrum disorder, with varying degrees of severity, it affects communication, behavior,socialization, and sensory perception.Behavior (Intervention) Plan (BIP): A plan developed by a team to address situations when behavior problems interferewith learning.Complaint: A specific written and signed allegation by an agency, private individual, or organization that there is anunresolved violation, misinterpretation or misapplication of the law, the State or Intermediate School District (ISD) Plans, anIndividualized Education Program (IEP), court decision, or decision of a hearing officer.Comprehensive Evaluation: A series of assessments and observations, formal and informal, conducted for the purpose ofdetermining eligibility for special education and related services and for determining the current level of educationalperformance.Comprehensive Re-evaluation (also known as “Three-year re-evaluation”): A three-year review of a student’sspecial needs, progress, and current level of educational performance. A waiver gives the IEP team flexibility in coordinatingthis review.Consent: An agreement in writing to carry out an activity after being fully informed in one's native language of allinformation relevant to the activity.Criterion-Referenced Test: A measurement of achievement of specific criteria or skills in terms of absolute levels ofmastery. The focus is on performance of an individual measured against a standard or criterion rather than against theperformance of others who take the same test.Curriculum: The courses offered by an educational institution or a set of courses constituting an area of specialization.Curriculum framework/pathway: A set of guidelines that serve as the standards for what students are expected to learnand at what level. The frameworks are specific enough to describe the types of skills and abilities students should learn in agiven course and at the approximate grade level, yet are broad enough to give educators discretion in how those standardsare met.23

Departmentalize: A secondary-level delivery system in which two or more special education teachers group specialeducation students by instructional content areas.Disability, Person With: A person determined by an Individualized Educational Program Team (IEPT), or a hearing officerto have a characteristic or set of characteristics as defined in the descriptions of the disability (autistic impairment, emotionalimpairment, hearing impairment, mental impairment, physically and otherwise health impairment, preprimary impairment,severe multiple impairment, specific learning disability, speech and language impairment, and visual impairment) and who,because of the disability, needs special education supports.Dissenting Report: A written report attached to an IEP, that provides a perspective other than the consensus perspective.Dual Enrollment: An array of programs that allow high school students to enroll in courses where they can simultaneouslyearn both high school and college credit.Education Records: Confidential written information about a student with a disability; record is stored in a central locationand accessible to parents.Evaluation Review: An IEPT meeting to decide questions related to evaluations.Extended School Year (ESY): Special education programming that extends beyond the regular school year. Eligibilityand services are determined by the IEP team.Free Appropriate Publication Education (FAPE): The requirement in federal law that each student with a disabilitymust receive a publicly-funded education that is individually designed to meet that student’s unique needs.Full Independence: The first level of MI-Access alternate assessments. Full Independence addresses the educationalneeds of students with physical, emotional or learning disabilities who function in the normal range of intelligence. Thesestudents are capable of becoming fully independent as adults. These students are able to apply their knowledge to any task,problem or activity that they may confront in life.Functional Behavior Assessment: An assessment of the factors that affect a student’s behavior, typically including areview of the environment and the student’s needs.Functional Independence: The second level of MI-Access alternate assessments. Functional independence addresses theeducational needs of students with mild mental impairment. These students are capable of meeting their own needs andliving successfully in their communities with occasional support from others. Through this support, these students should beable to assess their personal strengths and limitations and access resources, strategies, supports and linkages that will helpthem maximize their potential effectiveness.Grade-Level Content Expectations (GLCE): Similar to the curriculum framework, these are the set of expectations forwhat should be taught in a specific academic subject area and in a given school year at each grade level.Highly Qualified Teacher: No Child Left Behind (NCLB) requires that every child be taught by a Highly Qualified Teacher incore academic subjects. Each teacher must prove that s/he knows the subjects he or she is teaching, has a college degree,with either a major in the content/subject area s/he is assigned to teach or a master’s or higher degree in thecontent/subject, and is state-certified.Inclusion: The placement of a student with a disability in a general education classroom with his/her age-appropriatepeers, with the supports necessary for him/her to benefit from his/her educational experiences. A program is designed tomeet his/her individual needs.Independent Educational Evaluation (IEE): An evaluation conducted by a qualified examiner(s) who is not employedby the public agency responsible for education of the student. A contracted agent for the purpose of conducting anindependent evaluation is not considered an employee of the public school agency.24

Individuals with Disabilities Education Improvement Act (IDEIA): The federal law that sets national standards foreducating students with disabilities. State laws must meet or can exceed the standards of IDEIA.Individualized Education Program (IEP): A specially-designed instruction program developed by the IEP team, thatdescribes as specified as possible the student’s eligibility, the student’s present level of performance, annual goals andshort-term objectives, specific educational and related services, amount of time spent in general education, the leastrestrictive environment, the reasons why the IEP is accepted or rejected, transition services, and the dates and frequency ofservices . The IEP shall be reviewed annually or more often as needed.IEP Addendum: The purpose of the IEP Addendum is to make minor changes to the IEP that is in effect during the year. Itmay be used to add, modify, or delete instructional goals or objectives; modify the amount of time in the current program;or add, modify, or delete related services, supplementary aids or services, assessments, or transportation.Individualized Educational Program Team (IEPT): Persons appointed and invited (including parents) by thesuperintendent or designee to determine a student’s eligibility for special education and, if eligible and in need of specialeducation services, to develop an IEP. The IEP team also addresses decisions related to additional evaluations or reevaluations,as well as student discipline.Individualized Family Service Plan (IFSP): A plan of service developed by a team for a student with a disabilitybetween the ages of 0 and 3 years; emphasizes interagency collaboration.Least Restrictive Environment (LRE): The requirement that each student with a disability be educated and involved asmuch as possible with non-disabled peers in general education classes and activities. LRE spans placements from fully "selfcontained"classrooms with little or no non-disabled peer contact to "full inclusion" wherein the student is involved with nondisabledpeers for most or all of the school day. LRE is potentially different for each student.Manifestation Determination: An IEPT meeting to address the relationship between the student’s behavior problems andhis/her disability.McGill Action Planning Systems (MAPS): A process that provides a common vision and road map for all team members,which enables them to be supportive and effective in furthering the integration of a student with a disability into generaleducation settings and community life.MEAP: The Michigan Educational Assessment Program, Michigan’s version of a criterion-referenced test, which isadministered to students throughout the state. Versions of the MEAP are currently taken by students in grades 3 - 12. TheMEAP serves as the measurement for establishing Adequate Yearly Progress (AYP) in line with the No Child Left Behind(NCLB) Act.Mediation: A process in which an impartial facilitator tries to help parents and the Public School Agency (PSA) resolvedisagreements.MI-Access: Michigan’s alternate assessments to the MEAP. There are currently four levels of assessments, based on theexpected independence level that each student will achieve in adult life roles. These are “Full Independence,” “FunctionalIndependence,” “Supported Independence,” and “Participation.” The IEP Team should discuss the different options andselect the best assessment tool for each student.Multidisciplinary Evaluation Team: Two or more professionals from separate disciplines (such as: psychologist(s),teacher(s), social worker(s), speech/language therapist(s). and the parent(s), who share responsibility for conducting acomprehensive evaluation of a student suspected of having a disability or reevaluating a person with a disability.Music Therapy: A method used by music therapists to teach students through musical games or playing instruments howto interact with others and develop communication skills.No Child Left Behind (NCLB): The Federal law that requires school accountability for student achievement andperformance, and mandates that each school meet Adequate Yearly Progress (AYP) standards.25

Normal Course of Study: A regular education curriculum leading to a high school diploma, or the special educationcurriculum approved in the Intermediate School District Plan leading to a high school diploma. The special educationcurriculum shall include physical education, personal adjustment, and prevocational and vocational training.Occupational Therapist (OT): A professional who evaluates and determines purposeful activities to facilitate improvementof a student’s physical, fine-motor, sensory-motor, and self-care functioning.Orientation and Mobility (O+M): Support to increase the accessibility of the educational environment for a student witha disability.Paraprofessional (Parapro): A trained assistant who is directed by the classroom teacher and/or teacher consultant, tohelp provide accommodations for students with disabilities. This may include helping the teacher make adaptations to thecurriculum, assisting students with assignments, working with students in relation to the class as a whole, and helping otherstudents understand the student’s disability.Parent: The mother, father, surrogate, or legally designated guardian of the person with a disability. Parent also means theactual student with a disability when s/he reaches the age of 18 years, if a legal guardian has not been appointed byappropriate court proceedings.Parent Advisory Committee (PAC): A committee made up of parents of students with disabilities from each localeducational agency within the Intermediate School District (ISD) appointed by the ISD Board of Education. The PAC isresponsible for participating in the development of the ISD Plan and advising the ISD Board of Education on matters relatingto special education.Participation: The fourth level of MI-Access alternate assessments. Participation addresses the educational needs ofstudents with severe or profound mental impairment. These students are expected to require extensive ongoing support inadulthood. These students have significant cognitive and may have physical limitations that impair their ability to generalizeor transfer learning, and render determining their actual ability and skills difficult. Their impairments cause them to bedependent on others for most, if not all, of their daily living needs and will impact any future involvement with major liferoles.Person Centered Plan (PCP): The process of helping a person with a disability develop a life plan based on his/herinterests, strengths and needs.Physical Therapist (PT): A professional who assesses and treats a student to improve his/her level of functioning, mainlyin the area of mobility and walking skills.Picture Exchange Communication System (PECS): A system of picture symbol cards which are used as acommunication tool when verbal language is not present. It may also enhance the development of verbal language.Positive Behavior Support: A broad-based set of proactive approaches used within a comprehensive school-wide system.This school/community system supports students in learning responsible behavior and achieving academic success. The goalis not merely to “eliminate” the behavior, but to understand the behavior’s purpose and then teach the student a positivebehavior to achieve the same function.Procedural Safeguards (also known as “Rights” or “Due Process”): Regulations designed to protect students withdisabilities and their parents; see Appendix G.Psychological Evaluation: The portion of a student’s overall special education evaluation that tests general aptitudes andabilities, eye-hand coordination, social skills, emotional development and thinking skills.Public Expense: Provision of service(s) by the public school agency (PSA) at no cost to the parent(s). Under specialcircumstances, the PSA may pay for an outside evaluation, program, or service(s), which may include transportation and/orroom and board.26

Public School Agency: A public school governed by a board of education, legally constituted within a State, which hasadministrative control and direction of a public elementary or secondary school (includes both local districts and public schoolacademies/charter schools).Public School Academy: A public school governed by a board of education, created by a formal agreement/charterbetween a person or group of people and an approved educational agency or State, that is exempt from some stateeducation regulations and local school district rules in exchange for agreeing to meet certain accountability requirements.Related Services: Services specially designed to meet the unique needs of persons with disabilities through age 25. Theseservices include the following: audiological, medical, psychiatric, psychological, speech and language, or educationalevaluation; occupational, physical, recreational, music, art, or other therapy; accommodations and modifications; assistivetechnology devices and services; mobility and orientation services; transportation; school psychological; school social work;and instruction provided by special education teachers designed to assist regular education students who are homebound,hospitalized, placed in juvenile detention facilities, or preprimary age children.Resource Room: A classroom program designed for students who require 50% or less of their instructional (language arts,mathematics, science and social studies) day in a special education setting. (Elementary: 50% or less of instructional schoolday; Secondary: three periods or less of instructional school day.)Section 504: Refers to Section 504 of the Rehabilitation Act of 1973, which protects the civil rights of persons withdisabilities. It also applies to the provision of services for children whose disability is not severe enough to warrant eligibilityfor special education services, but could benefit from supportive services and classroom modifications.Self-Contained Classroom: A separate classroom, located within a general education school, used by students withdisabilities, which may have either the same categorical/educational impairment grouping or may be cross-categorical.Short-Term Instructional Objectives (STIO): Objectives written in measurable terms that relate to the annual goalsand represent expected achievement over several weeks or months but not more than one year. A report on the progresstowards these objectives must be provided to parents at least as often as every marking period.Special Education: Specially designed instruction, at no cost to the parents, to meet the unique educational needs of eachstudent with a disability who is eligible for services; designed to help each student reach his/her maximum potential. All ofthe following may be included in the definition of special education: special education classroom instruction; instruction inphysical education; instructional services such as preprimary, teacher consultant, speech and language, homebound andhospitalized, and juvenile detention facilities; ancillary and other related services such as occupational, physical, recreational,music, art or other therapy, mobility and orientation, school psychological and school social work services; supplementalaids, accommodations and modifications.Special Education Advisory Committee (SEAC): A committee appointed by the State Board of Education to advise thatBoard on matters relating to the delivery of special education.Speech Therapist: A professional trained to evaluate and provide therapy for speech and language disorders.Supported Independence: The third level of MI-Access alternate assessment. Supported Independence addresses theeducational needs of students with moderate mental impairment. These students will require ongoing support in major liferoles. They also may have cognitive limitations that impact their ability to generalize or transfer learning: they may, however,be able to follow previously learned routines and demonstrate a variety of independent living skills.Teacher Consultant (TC): A certified special education teacher, with teacher consultant approval, who providesinstructional support to students with disabilities, provides consultation to and/or team teaches with the general educationclassroom teacher and consults with parents.Transition: As defined by law, a set of decisions an IEP team makes to prepare students with disabilities for life afterschool; emphasizing interagency collaboration. (Also a commonly used term that refers to a change of building, level, grade,classroom, or activity at any age.)Transition Services: A coordinated set of activities for a student, designed within an outcome-oriented process, thatpromotes movement from school to post-school activities. These activities may include post-secondary education, vocational27

training, integrated employment (including supported employment), access to adult services, independent living, andcommunity participation.Unified Systems: A philosophy and a set of strategies used by a public school agency (PSA) which brings together avariety of resources to meet the educational needs of all children.Visual Schedules and Supports: Tools that enable a student to keep track of daily activities and also help develop anunderstanding of time frames and environmental sequences. Examples include individual daily schedules, calendars, lists,and graphic organizers.Waiver: An authorization from the State Board of Education that allows a district and/or ISD to implement a particularstrategy or innovative approach to meet the needs of students with disabilities.28

RESOURCES FOR PARENTSAppendix FThe WISD PAC provides this list of resources for your use but does not endorse any organization or website.AdvocacyAssociation for Community Advocacy of Washtenaw (ACA) 734-662-1256Citizens Alliance to Uphold Special Education (CAUSE) 800-221-9105 http://www.causeonline.org/Consortium for Citizens with Disabilities (CCD) 202-785-3388 http://www.c-c-d.org/Michigan Protection and Advocacy Service (MPAS) 800-288-5923 http://www.mpas.org/Parent Advocacy Coalition for Educational Rights 952-838-9000 http://www/pacer.org/Student Advocacy Center 734-482-0489 http://www.studentadvocacycenter.org/Support GroupsMeetings provide opportunities for support, problem solving, and parent/professional interaction, as well asinformation on conferences, workshops and topics of interest to attendees. Some groups are chapters of astate and/or national organization. Parents and/or professionals might wish to consider starting new groups tomeet the needs of individuals with disabilities, families, and the community. The following are some of thesupport groups, meeting dates and times, and contact people in the Washtenaw County area. If you are inneed of further information, please contact Project Perform at (734) 994-8100, Ext. 1590.A2FACES (Ann Arbor Families for Autistic Children’s Education and Support)This group advocates to obtain the most appropriate education for children on the autistic spectrum from ages0-25 in the Ann Arbor Public Schools. The monthly meetings alternate between Friday evenings at the WISDTeaching and Learning Center from 6:30 to 9 p.m. and Sunday afternoons at a member’s home from 2 to 4:30p.m. For more information call Barb Byers at (734) 827-0814 or email: babmay11@provide.net.Attention Deficit DisorderThe CHADD (Children and Adults with Attention-Deficit/Hyperactivity Disorder) group meets now with theCHADD of NW Wayne County on the 3rd Tuesday of each month at Holy Trinity Lutheran Church, 39020 FiveMile Road in Livonia, MI between Haggerty and Newburgh Roads from 7 to 8:30 p.m. For information, call theMichigan CHADD hot line: (313) 438-3763 or visit their web site: www.chaddmi.com orwww.chaddmi.com/chaddofnwwaynecounty.Attention Deficit Hyperactivity DisorderThis group meets once a month, with a focus on parenting issues for parents in Dexter and Chelsea who havechildren with ADHD and/or sensory-issue problems. For more information contact Rita Fischer via her email:ritafisch@yahoo.com.Autism Society of Washtenaw CountyThis group meets the second Thursday of the month, during the school year, at the WISD Teaching andLearning Center from 7 to 9 pm. For more information call Jeanne Brakhage at (734) 994-8100, ext. 1514 oremail: jbrakhag@wash.k12.mi.us.Common ChordsThis group of young teens through adults meets for "fun with music" and activities surrounding "the arts".Sponsored through 4-H, it meets every Monday usually at Pittsfield Elementary School, 2543 Pittsfield, AnnArbor. 48108. For more information call Glenda Kilpatrick (734) 222-3877 or Sue Carr (734) 994-8100, ext.1515.29

Down Syndrome Support GroupThese meetings are held monthly in a private home. At each meeting there is time provided for interactionamong parents, and sometimes professional speakers are invited. Families are welcome. For more informationcontact Debita Graham at (734) 996-0770 or debita@umich.edu.Down Syndrome Support TeamThis group usually meets on the 3 rd Sunday of the month at 3:00 p.m. alternating between several privatehomes. Monthly newsletters are sent out and a web site is being developed. For more information contactKatherine Dehring at (734) 428-8695 or katdehring@juno.com or downsyndromest@yahoo.com.Epilepsy Support Group-Ann ArborThe Ann Arbor Epilepsy Adult Support Group is for people with epilepsy and their families to share and supportone another in facing the challenges of epilepsy. Older teenagers and young adults are welcome. Meetingstake place on the 4th Tuesday of each month at the University of Michigan Hospital, Floor 1, Taubman Center,Room 1912 from 7 to 8:30 p.m. For more information call Sheryll Marshall at (734) 936-9045 or (734) 936-4549.Fetal Alcohol Syndrome/Fetal Alcohol Effect Support GroupThis support group was formed in 1990. It meets monthly for information and support. For information onfuture meetings, call Betsy or Vern Soden at (734) 662-2906.Families of Children with Cerebral PalsyThis group meets the 3 rd Tuesday of the month at various locations from 6:30 to 8:00 p.m. The group is opento parents of children from birth through school-age. Call Shelli Kritzman at (734) 449-5480 for moreinformation or email mkritzman@mpcphysics.com.Family Support Network-Livingston CountyThis group is a chapter of Family Support Network of Michigan. It meets on scheduled Tuesdays of the monthat Livingston ESA from 7 – 9 p.m. For further information call Kathy Maher at (517) 546-8825. The number forthe Family Support Network of MI is 800-359-3722.Friends of the Developmentally DisabledThe Friends of the Developmentally Disabled is a Washtenaw County group that provides information andsupport to families and other interested parties. Meetings are once a month except for July, August, andDecember. Topics include services for adults with disabilities and their families, respite care, guardianship,benefits, and other local, state, and federal issues. For meeting notices and newsletters, contact Jill Barker at(734) 996-5561 or jillrbarker@sbcglobal.net .Grandparents Raising GrandchildrenThis group provides education and a support network for grandparents raising grandchildren. For moreinformation, contact Washtenaw County Catholic Social Services-Older Adult Services at (734) 712-3625.30

Learning Disability Association of Michigan (LDAM) Washtenaw County ChapterThe Washtenaw County chapter of LDAM’s goal is to provide parents with information, hope, andencouragement, guiding them through the challenges of learning disabilities. A newsletter, telephone supportline and information programs, are some of the services they provide. For information, call Sarah Rampton(734) 662-4708. Check WISD’s website under the “Staff Development” page for meeting and workshopinformation: http://www.wash.k12.mi.us.Lincoln Support Group - Parents Supporting Education for all ChildrenThis group is currently not meeting on a monthly basis. Please call Cindy Paschal at (734) 480-2859 forinformation and support.Manchester Positive Accommodations Stimulate Success (P.A.S.S.)Manchester P.A.S.S. meets with individual parents and students on a request basis to assist families toadvocate for students with special needs. The goal is to help students achieve their potential in the schoolsetting. Many resource materials are available. Call Ruth Van Bogelen at (734) 428-7872 or Shannon Fleck at(734) 428-7814.Parent Advisory Committee for Special Education-Ann ArborThis group’s mission is to educate and support families who have children with special needs and tocollaborate with the central administration and Student Intervention and Support Services as policies andinitiatives are developed. Meetings are open to the public and are held the first Monday of the month atAnn Arbor Public School Building, 2725 Boardwalk, in Balas II from 7 to 9 p.m. For more information callScott White, Co-chair, (734) 973-0275 or Dawn Baker, Co-chair, (734) 332-8078.Parent Advisory Committee (PAC)-Washtenaw Intermediate School District (WISD)This group’s mission is dedicated to the continuous improvement of student achievement. The PAC is made upof parents from public school agencies in the WISD whose children have special needs. The PAC meetsmonthly, usually on the third Tuesday, September-June at the WISD Teaching and Learning Center from 6:30to 8:30 p.m. Meetings are open to all parents and persons interested in special education. For furtherinformation call Sue Gowen, Chair, (734) 327-1380, or Cindy Paschal, Chair Elect, (734) 480-2859.Saline Support Group - Parents Who Care: Helping Children and Schools WinThis group invites all parents of children with special needs to attend. Call Susan Brown (734) 944-3715 formeeting dates and times. Inquire about childcare.Transition to Adulthood Information MeetingsThese meetings are designed to educate students and families regarding the changes in supports from schoolto adult services, and also assisting students in making a seamless transition into adulthood. The sessionsfocus on different areas of transition of individuals from the school to the adult program. The sessions aremore like panel discussions with an expert(s) in the topic of the day. The meetings are held from 7 to 8:30p.m. on the third Wednesday of every month at the Washtenaw County Community Support and TreatmentServices, 3901 Varsity Drive in Ann Arbor-(734) 222-3400. For more information call Rani Dronamraju at (734)222-3540.Revised September, 200531

PROCEDURAL SAFEGUARDS AVAILABLE TOPARENTS OF STUDENTS WITH DISABILITIESJuly 2005Appendix GIntroductionThis document provides parents of students with disabilities, from birth through age 26, an overview of their educational rights withrespect to special education. This document incorporates all procedural safeguards to parents and students with disabilities afforded underthe Individuals with Disabilities Education Act (IDEA) and the IDEA implementing regulations.Procedural Safeguards NoticeA Procedural Safeguards’ Notice shall be provided to parents at least one time per year, except a copy also shall be given to the parents on:1. An initial referral or parental request for evaluation;2. The first occurrence of the filing of a due process hearing;3. Parental request; or4. The day on which the decision to take disciplinary action involving a change in placement is made.Parent Consent“Consent” means that: (a) the parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her nativelanguage or other mode of communication; (b) the parent understands and agrees, in writing, to the carrying out of the activity for which his or her consentis sought, and the consent describes that activity and lists the records (if any) which will be released and to whom; and (c) the parent understands that thegranting of consent is voluntary on the part of the parent and may be revoked at any time. However, if a parent revokes consent, that revocation is notretroactive.Parent consent is not required before reviewing existing data as part of an evaluation or reevaluation or when administering a test or other evaluation that isadministered to all students unless, before administration of that test or evaluation, consent is required of parents of all students. Parent consent if notrequired for the screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation and shallnot be considered to be an evaluation for eligibility for special education and related services.The public agency must obtain informed parental consent before conducting an initial evaluation, any reevaluation, or initially placing a student withdisabilities in a program providing special education and related services. Consent for an initial evaluation may not be construed as consent for initialplacement. If a parent does not provide consent for an initial evaluation, or the parent fails to respond to a request to provide the consent, the localeducational agency may pursue the initial evaluation of the student through a due process hearing. If a parent fails to respond to a request for areevaluation, the public agency may conduct a reevaluation if it can demonstrate that reasonable measures to obtain parental consent have been taken.To conduct an initial evaluation, the district must seek parental consent and provide notice, which includes the following:1. The reason(s) and nature for an evaluation; and2. A description of the types of special education programs and services available within the intermediate school district (ISD).A local school district shall not provide initial special education programs and services to a student if the parent refuses to consent to those programs orservices.LimitationA public agency may not use a parent’s refusal to consent to one service or activity to deny the parent or student any other service, benefit, or activity of thepublic agency, except as required by the IDEA.Prior Notice to ParentsThe public agency must provide prior written notice to the parents of a child with disabilities each time it proposes or refuses to initiate or change theidentification, evaluation, or educational placement of the student or the provision of a free appropriate public education (FAPE) to the student.The notice must include:1. A description of where a parent can obtain a copy of the Procedural Safeguards document;2. A description of the action proposed or refused by the public agency, an explanation of why the public agency proposes or refuses to take action,and a description of any options the public agency considered and the reasons why those options were rejected;3. A description of each evaluation procedure, assessment, record, or report the public agency uses as a basis for the proposal or refusal;4. A description of any other factors which are relevant to the public agency’s proposal or refusal; and5. A list of sources that parents may contact to obtain assistance in understanding the content of the prior notice.The notice must be written in language understandable to the general public, and be provided in the native language of the parent or other mode ofcommunication used by the parent, unless it is clearly not feasible to do so. If the native language or other mode of communication of the parent is not awritten language, the public agency shall have the notice translated orally or by other means to the parent in his or her native language or other mode ofcommunication so that the parent understands the content of the notice. The public agency must maintain written evidence that these requirements havebeen met.Parent InvolvementEach public agency shall provide notice to ensure that parents of children with disabilities have the opportunity to participate in meetings with respect to theidentification, evaluation, and educational placement of the child, and the provision of a free appropriate public education (FAPE).32

MeetingA public agency shall take steps to ensure that one or both of the parents of a child with a disability are present at each individualized education program(IEP) meeting, or are given the opportunity to participate. A meeting does not include informal or unscheduled conversations involving public agencypersonnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision if those issues are not addressed inthe student’s IEP. A meeting also does not include preparatory activities that public agency personnel engage in to develop a proposal or response to aparent proposal that will be discussed at a later meeting.Each public agency shall ensure that the parents of each student with a disability are included as members of any group that makes decisions on theeducational placement of their child. If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement oftheir child, the public agency shall use other methods to ensure their participation. An initial placement may not be made without the consent of a parent.However, other placement decisions may be made by a group without the involvement of the parent(s) if the public agency is unable to obtain the parent’sparticipation in the decision. The public agency must have a record of its attempt to ensure the parent(s) involvement.The public agency shall make reasonable efforts to ensure that the parent understands and is able to participate in any group discussion relating to theeducational placement of his or her child, including arranging for an interpreter for the parent with deafness or whose native language is other than English.Evaluation Procedures“Evaluation” means procedures used in accordance with 34 C.F.R. §§300.530 to 300.536. An evaluation will determine whether a student is a student with adisability, the nature and extent of the special education and related services that the student needs, and provide information relating to the student’sinvolvement and progress in the general curriculum. Preschool children must also be assessed to determine participation in appropriate activities. The termalso means procedures used selectively with an individual student and does not include basic tests administered to or procedures used with all students in aschool, grade, or class.The parent has the right to:1. Have an interpreter/translator present if the primary language is not English, or if the student is deaf/hearing impaired or visually impaired, unless it isclearly not feasible to do so;2. Be assured that testing does not discriminate on the basis of race, language, or cultural background;3. Be assured that the assessments and other evaluation materials used to assess a student are provided and administered in the language and formmost likely to yield accurate information on what the student knows and can do academically, developmentally, and functionally, unless it is notfeasible to provide or administer;4. Have evaluation instruments validated for the specific purpose(s) for which they were intended and administered by trained personnel in conformancewith the instructions provided by their producer;5. Have the student assessed in all areas of suspected disability using instruments that assess specific areas of educational need and do not producemerely a single intelligent quotient score. No single measure or assessment is to be used as the sole criterion for determining an appropriate specialeducation program for the student;6. Be assured that if a test is administered to a student with impaired sensory, physical, or speaking skills, the test results accurately reflect what the testintends to measure rather than the student’s disability;7. Have the initial evaluation made by a multidisciplinary evaluation team (MET) which includes a teacher or person knowledgeable in the area of thesuspected disability;8. Be assured that the student is assessed in all areas related to the suspected disability including, if appropriate, health, vision, hearing, social andemotional status, behavioral factors, general intelligence, academic performance, communicative status, and motor ability;9. Have an evaluation that is sufficiently comprehensive to identify all of the student’s special education and related services’ needs, whether or notcommonly linked to the disability category in which the student has been classified;10. Provide the MET with information about the student’s suspected disability, along with any evaluation the parent may have obtained for the student;11. Be assured that a variety of assessment tools and strategies are used to gather relevant functional, developmental and academic information aboutthe student, including information provided by the parent and information related to enabling the student to be involved in and progress in the generalcurriculum;12. Have an initial evaluation conducted by a MET and convene an IEP meeting within 30 school days after the school has received the written permissionto evaluate. This timeline may be extended by agreement between the parents and the agency;13. Expect a reevaluation every three years, unless the parent and the local school district agree that a reevaluation is unnecessary;14. Request a reevaluation not more frequently than once a year, unless the parent and local educational agency agree otherwise;15. Be notified of each evaluation procedure, test, record, or report the IEP Team used in determining eligibility, and the need for special educationprograms or services; and16. Be assured that a local district will coordinate prior assessments of students with disabilities who transfer from one school district to another in thesame academic year as necessary and expeditiously as possible to ensure prompt completion of full evaluations.Independent Educational EvaluationAn “Independent Educational Evaluation” (IEE) means an evaluation conducted by a qualified examiner who is not employed by the public agencyresponsible for the education of the student in question. An “IEE at public expense” means that the public agency either pays for the full cost of theevaluation or ensures that the evaluation is otherwise provided at no cost to the parent.The parent of a student with a disability or suspected disability has the right to obtain an IEE of the child. A parent has the right to an IEE at public expenseif the parent disagrees with any evaluation obtained by the public agency. However, the public agency may initiate a due process hearing to show that itsevaluation is appropriate. The public agency shall respond, in writing, to the parent’s request for an IEE within seven calendar days of the parent’s writtenrequest. If the final decision is that the evaluation is appropriate, the parent still has the right to an IEE, but not at public expense. If the parent obtains anIEE at his/her own expense, the results of the evaluation must be considered by the public agency in any decision made with respect to the provision of aFAPE to the student, and may be presented as evidence at a due process hearing regarding the student.33

If a hearing officer requests an IEE as part of a hearing, the cost of the evaluation must be at public expense. Each public agency shall provide to theparent, on request, information about where an IEE may be obtained. When an IEE is at public expense, the criteria under which the evaluation is obtained,including the location of the evaluation and the qualifications of the examiner, shall be the same as the criteria which the public agency uses when it initiatesan evaluation to the extent those criteria are consistent with the parent’s right to an IEE.MediationMediation is available to all parties whenever a dispute arises with respect to special education, including but not limited to when a hearing is requested orwhen a complaint is made. The IDEA mediation requirements are:1. Mediation is free and voluntary, including cost of meeting to encourage mediation;2. Mediation cannot be used to deny a parent’s right to a due process hearing;3. Mediation must be conducted by a qualified and impartial mediator;4. The state must maintain a list of individuals who are qualified mediators who are knowledgeable about the laws and regulations on special education;5. Mediation shall be scheduled in a timely manner in a convenient location;6. Both parties must agree with the selection of the mediator;7. Parties who resolve the complaint through the mediation process shall execute a legally binding agreement;8. Discussions occurring during mediation must be confidential and may not be used as evidence in subsequent due process or civil proceedings; and9. Parties to mediation may be required to sign a confidentiality pledge before the mediation process begins.Impartiality of MediatorAn individual who serves as a mediator:1. May not be an employee of any local educational agency or any state agency;2. May not be an employee of a state educational agency that is providing direct services to a student who is the subject of the mediation process; and3. Must not have a personal or professional conflict of interest.Written AgreementA legally binding agreement executed as the result of the parties resolving the complaint through mediation shall:1. State that all discussions that occurred during the mediation process shall be confidential and may not be used as evidence in any subsequent dueprocess hearing or civil proceeding;2. Be signed by both the parent and a representative of the agency who has the authority to bind such agency; and3. Be enforceable in any state court of competent jurisdiction or in a district court of the United States.Impartial Due Process HearingA parent or a public agency may initiate a hearing regarding the public agency’s proposal or refusal to initiate or change the identification, evaluation, oreducational placement of the student, or the provision of a FAPE to the student. The alleged violation shall not have occurred more than two years beforethe date the parent or public agency knew or should have known about the alleged action that forms the basis of the due process hearing.The two-year time line shall not apply to a parent if the parent was prevented from requesting the hearing due to:1. Specific misrepresentations by the local educational agency that it had resolved the problem forming the basis of the due process hearing; and2. The local educational agency’s withholding of information from the parent that was required to be provided to the parent.When a due process hearing is initiated, the public agency shall inform the parent of the availability of mediation.A parent must give notice to the public agency, as appropriate, when filing a request for a due process hearing. The notice request must contain thefollowing information:1. The name of the student, address of residence of the student, (or available contact information in the case of a homeless child or youth), and the nameof the school the student attends;2. A description of the nature of the problem, including related facts; and3. A proposed resolution of the problem, to the extent known and available to the parent at that time.A parent may not have a due process hearing until the parent, or the attorney representing a parent, provides a due process hearing notice that includes theabove information to the other party and forwards a copy of such notice to the State Educational Agency.This notice must remain confidential.A model form is available at the ISD to assist the parent in filing due process hearing requests.A hearing will be conducted by the public agency directly responsible for the education of the student.The public agency shall inform the parent of any free or low-cost legal and other relevant services available in the area if the parent requests the informationor the parent or the public agency initiates a due process hearing.Subject Matter of HearingThe party requesting the due process hearing shall not be allowed to raise issues at the due process hearing that were not raised in the filed due processnotice unless the other party agrees otherwise.Resolution SessionPrior to the opportunity for an impartial due process hearing, the local educational agency shall convene a meeting with the parents and the relevantmember(s) of the IEP Team who have specific knowledge of the facts identified in the complaint. The meeting shall:1. Occur within 15 calendar days of receiving notice of the parent’s complaint;2. Include a representative of the agency who has decision-making authority on behalf of the agency;3. Not include an attorney of the local educational agency unless the parent is accompanied by an attorney;34

4. Be a place where the parents of the child discuss their complaint, and the facts that form the basis of the complaint, and the local educational agency isprovided the opportunity to resolve the complaint, unless the parents and local educational agency agree in writing to waive such meeting or agree touse the mediation process.If the local educational agency has not resolved the complaint to the satisfaction of the parents within 30 days of the receipt of the complaint, the dueprocess hearing may occur and all of the applicable time lines for a due process hearing shall commence.In the case that a resolution is reached to resolve the complaint at a resolution session, the parties shall execute a legally binding agreement that is:1. Signed by both the parent and a representative of the agency who has the authority to bind such agency; and2. Enforceable in any state court of competent jurisdiction or in a district court of the United States.If the parties execute an agreement as a result of the resolution session, a party may void such agreement within three business days of the agreement’sexecution.Hearing OfficerA due process hearing may not be conducted by a person who is an employee of a public agency which is involved in the education or care of the student,or by any person having a personal or professional interest which would conflict with his or her objectivity in the due process hearing. A person whootherwise qualifies to conduct a due process hearing is not an employee of the public agency solely because he or she is paid by the public agency to serveas a hearing officer.A person who qualifies to conduct a due process hearing, at a minimum, possesses:1. Knowledge of and the ability to understand the provisions of the IDEA, federal and state regulations pertaining to the IDEA, legal interpretations of theIDEA by federal and state courts;2. The knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and3. The knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice.Each public agency shall keep a current list of persons who serve as hearing officers; this list is developed and distributed by the Michigan Department ofEducation (MDE). This list shall be provided to the parent upon any request for a hearing. This list must include a statement of the qualifications of each ofthose persons.Decision of Hearing officerThe public agency shall ensure that a final hearing decision is reached and mailed to the parties within 45 calendar days after the receipt of a request for ahearing, unless the hearing officer grants a specific extension at the request of either party.The decision made in a due process hearing is final, unless a party to the hearing appeals the decision under the procedures for impartial administrativeappeal described below.A decision made by a hearing officer shall be made on substantive grounds based on a determination of whether the student received aFAPE.In matters alleging a procedural violation, a hearing officer may find that a student did not receive a FAPE only if the procedural inadequacies:1. Impeded the student’s right to a FAPE;2. Significantly impeded the parent’s opportunity to participate in the decision-making process regarding the provision of a FAPE to the parent’s child; or3. Caused a deprivation of educational benefits.Due Process Hearing RightsAny party to a hearing has the right to:1. Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of students with disabilities;2. Present evidence and confront, cross examine, and compel the attendance of witnesses;3. Prohibit the introduction of any evidence (including evaluations and recommendations based on those evaluations) that has not been disclosed to thatparty at least five business days before the hearing; and4. Obtain a written or, at the option of the parent, an electronic findings-of-fact and decisions at no cost to the parent. After deleting any personallyidentifiable information, the public agency shall transmit those findings and decisions to the state advisory panel and make them available to the public.A parent involved in hearings must be given the right to have the student who is the subject of the hearing present and to open the hearing to the public.Each hearing must be conducted at a time and place which is reasonably convenient to the parent and student involved.Administrative Appeal; Impartial ReviewAny party aggrieved by the findings and decision in the hearing may appeal to the MDE within 25 calendar days of receipt of the decision. If there is anappeal, the MDE shall conduct an impartial review of the hearing not later than 30 calendar days after the receipt of a request for a review. The officialconducting the review shall:1. Examine the entire hearing record;2. Ensure that the procedures at the hearing were consistent with the requirements of due process;3. Seek additional evidence, if necessary. If a hearing is held to receive additional evidence, the hearing rights described above apply;4. Afford the parties an opportunity for oral or written argument, or both, the discretion of the reviewing official;5. Make an independent decision on completion of the review;6. Give a copy of written or, at the option of the parent, electronic findings-of-fact and the decision to the parties;7. Conduct reviews involving oral arguments at a time and place which is reasonably convenient to the parent and student involved; and35

8. A hearing officer may grant specific extensions of time at the request of either party.Civil ActionAny party aggrieved by the findings and decision made in an administrative review has the right to bring a civil action in state or federal court. The partybringing the action shall have 90 days from the date of the decision of the hearing officer to bring such an action.Student’s Status During ProceedingsDuring pendency of any hearing or judicial proceeding, the student involved in the hearing must remain in his or her present educational placement unlessthe public agency and the parents of the student agree otherwise. Any IEP after the initial IEP will go into effect unless the parent disagrees and requests adue process hearing.If the decision of a hearing officer in a due process hearing or an appeal agrees with the student’s parent that a change of placement is appropriate, thatplacement must be treated as an agreement between the public agency and the parent.If the hearing involves an application for initial admission to public school, the student, with the consent of the parents, shall be placed in the public schoolprogram until the completion of all the proceedings.Award of Attorney FeesA court may award attorney’s fees to the parent of a student with a disability who prevails in court or a due process hearing. The fees must be consistentwith those for similar legal services in the community.A court, in its discretion, may award reasonable attorneys’ fees as part of the costs:1. To a prevailing party who is the parent of a child with a disability;2. To a prevailing party who is a state educational agency or local educational agency against the attorney of a parent who files a complaint orsubsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continued to litigate after thelitigation clearly became frivolous, unreasonable, or without foundation; or3. To a prevailing state educational agency or local educational agency against the attorney of a parent, or against the parent, if the parent’s complaint orsubsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary dely, or to needlessly increase the costof litigation.Reimbursement of attorneys’ fees and related costs are prohibited if:1. The district makes a written offer of settlement more than ten days before the proceeding begins;2. The offer is not accepted within ten days; and3. The relief granted to the parent in a hearing or by the court is not more favorable than the offer of settlement.If the court finds that the parent was substantially justified in rejecting a settlement offer, and the parent prevails in the hearing or court case, thenattorneys’ fees may be awarded.A resolution session shall not be considered a meeting convened as a result of an administrative hearing or judicial action or an administrative hearing orjudicial action for purposes of attorneys’ fees.The court may reduce attorneys’ fees if it finds that:1. The parent or the parent’s attorney has unreasonably delayed the final resolution of the controversy;2. The attorneys’ fees exceed the prevailing hourly rate in the community for similar services;3. The time spent and legal services furnished were excessive considering the nature of the case; or4. The attorney representing the parent did not provide the public agency with the appropriate information in a due process hearing notice.The reduction of attorneys’ fees listed above does not apply if the court finds that the state or public agency:1. Unreasonably delayed the final resolution of the dispute; or2. Otherwise violated the procedural safeguards of the parent.Attorneys’ fees will not be awarded to the parent for any meeting of the IEP Team unless:1. The meeting is directed by the court of by an administrative proceeding; or2. At the discretion of the state, the meeting is for mediation conducted prior to the filing for a request for a due process hearing.DisciplinePlacement in Alternative Educational SettingSchool personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a studentwith a disability who violates a code of student conduct.School Personnel AuthoritySchool personnel may remove a student with a disability who violates a code of student conduct from their current placement to an appropriate interimalternative educational setting, another setting, or suspension, for not more than ten school days (to the extent such alternatives are applied to studentswithout disabilities).If school personnel seek to order a change in placement that would exceed ten school days and the behavior that gave rise to the violation of the schoolcode is determined not to be a manifestation of the student’s disability, the relevant disciplinary procedures applicable to students without disabilities may beapplied to the student in the same manner and for the same duration in which the procedures would be applied to students without disabilities,36

except as provided in Section 612(a)(1) of the IDEA, although it may be provided in an interim alternative educational setting.Section 612(a)(1) of the IDEA states that a FAPE is available to all students with disabilities residing in the state, including students with disabilities whohave been suspended or expelled from school.A student with a disability who is removed from his or her current placement under “special circumstances” (irrespective of whether the behavior isdetermined to be a manifestation of the student’s disability) or removed under “school personnel authority” shall continue to receive educational services soas to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting thegoals set out in the student’s IEP; and receive, as appropriate, a functional behavioral assessment, behavioral intervention services and modifications, thatare designed to address the behavior violation so that it does not recur.Manifestation DeterminationExcept as provided under “school personnel authority,” within ten school days of any decision to change the placement of a student with a disability becauseof a violation of a code of student conduct, the local educational agency, the parent, and relevant members of the IEP Team (as determined by the parentand the local educational agency) shall review all relevant information in the student’s file, including the student’s IEP, and teacher observations, and anyrelevant information provided by the parent to determine:1. If the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability; or2. If the conduct in question was the direct result of the local educational agency’s failure to implement the IEP.If the local educational agency, the parent, and relevant members of the IEP Team determine that either the conduct in question was caused by, or had adirect and substantial relationship to the student’s disability, or the conduct in question was the direct result of the local educational agency’s failure toimplement the IEP, then the conduct shall be determined to be a manifestation of the student’s disability.If the local educational agency, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of thestudent’s disability, the IEP Team shall:1. Conduct a functional behavioral assessment and implement a behavioral intervention plan for such student, provided the local educational agency hadnot conducted such assessment prior to such determination before the behavior that resulted in a change in placement;2. Review the behavioral intervention plan if the student already has such a behavioral intervention plan and modify it, as necessary, to address thebehavior; and3. Except as provided under “special circumstances,” return the student to the placement from which the student was removed, unless the parent and thelocal educational agency agree to a change of placement as part of the modification of the behavioral intervention plan.Special CircumstancesSchool personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether thebehavior is determined to be a manifestation of the student’s disability in cases where a student:1. Carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of a state or local educationalagency;2. Knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises, or at a schoolfunction under the jurisdiction of a state of local educational agency; or3. Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a state orlocal educational agency.NotificationNot later than the date on which the decision to take disciplinary action is made, the local educational agency shall notify the parents of that decision and ofall procedural safeguards accorded under this section.Determination of settingThe interim alternative educational setting shall be determined by the IEP Team.AppealThe parent of a child with a disability who disagrees with any decision regarding placement or the manifestation determination under this subsection, or alocal educational agency that believes that maintaining the current placement of the student is substantially likely to result in injury to the student or toothers, may request a hearing.Authority of a Hearing OfficerA hearing officer shall hear and make a determination regarding an appeal. In making the determination, the hearing officer may order a change inplacement of a student with a disability. In such situations, the hearing officer may:1. Return a student with a disability to the placement from which the student was removed; or2. Order a change in placement of a student with a disability to an appropriate interim alternative educational setting for not more than 45 school days ifthe hearing officer determines that maintaining the current placement of such student is substantially likely to result in injury to the student or toothers.37

Placement During AppealsWhen an appeal has been requested by either the parent of the local educational agency:1. The student shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the timeperiod as applied to students without disabilities, whichever occurs first, unless the parent and the state of local educational agency agree otherwise;and2. The state or local educational agency shall arrange for an expedited hearing which shall occur within 20 school days of the date the hearing isrequested and shall result in a determination within 10 school days after the hearing.Protections for Students Not Yet Eligible for Special Education and Related ServicesA student who has not been determined to be eligible for special education and related services; and who has engaged in behavior that violates a code ofstudent conduct, may assert any of the protections provided for in the IDEA if the local educational agency had “knowledge” (see below) that the studentwas a student with a disability before the behavior that precipitated the disciplinary action occurred.Basis of KnowledgeA local educational agency shall be deemed to have knowledge that a student is a student with a disability if, before the behavior that precipitated thedisciplinary action occurred:1. The parent of the student has expressed concern in writing to supervisory or administrative personnel of the appropriate educational agency, or ateacher of the student, that the student is in need of special education and related services;2. The parent of the student has requested an evaluation of the student; or3. The teacher of the student or other personnel of the local educational agency has expressed specific concerns about a pattern of behaviordemonstrated by the student directly to the director of special education of such agency or to other supervisory personnel of the agency.ExceptionA local educational agency shall not be deemed to have knowledge that the student is a student with a disability if the parent of the student has not allowedan evaluation of the student or has refused services under this part or the student has been evaluated and it was determined that the student was not astudent with a disability.Conditions that apply if no basis of knowledgeIf a local educational agency does not have knowledge that a student is a student with a disability prior to taking disciplinary measures against the student,the student may be subjected to disciplinary measures applied to students without disabilities who engage in comparable behaviors.LimitationsIf a request is made for an evaluation of a student during the time period in which the student is subjected to disciplinary measures, the evaluation shall beconducted in an expedited manner. If the student is determined to be a student with a disability, taking into consideration information from the evaluationconducted by the agency and information provided by the parents, the agency shall provide special education and related services except that, pending theresults of the evaluation, the student shall remain in the educational placement determined by school authorities.Referral to an action by law enforcement and judicial authoritiesNothing in the IDEA shall be construed to prohibit the agency from reporting a crime committed by a student with a disability to appropriate authorities or toprevent state law enforcement and judicial authorities from exercising their responsibilities with regard to the application of federal and state law to crimescommitted by a student with a disability.Transmittal of recordsAn agency reporting a crime committed by a student with a disability shall ensure that copies of the special education and disciplinary records of the studentare transmitted for consideration by the appropriate authorities to whom the agency reports the crime.Students Enrolled in Private SchoolsA public agency may not be required to pay for the cost of education (including special education and related services) if:1. The parent does not inform the IEP Team before removing his or her child from the public school that he or she is rejecting the proposed placement ofthe IEP Team;2. The parent does not make the student available for evaluation; or3. The action is determined to be “unreasonable” by the judicial system.The parent must inform the IEP Team, in writing, of his or her concerns and intent to enroll his or her child in a private school at public expense. This noticemust be received by the public agency ten business days prior to the removal of the student and enrollment in a private school.Transfer of Parental Rights at Age of MajorityWhen a student with a disability reaches the age of majority (age 18 in Michigan if a legal guardian has not been appointed by the court), the public agencyshall provide notice to both the student and the parent that all rights accorded to the parent transfer to the student. All rights accorded to the parenttransfer to students who have reached the age of majority and who are incarcerated in an adult or juvenile federal, state, or local correctional institution.Surrogate ParentsEach public agency shall assign an individual to act as a surrogate for the parent to protect the education rights of a student when:1. No parent can be identified;2. The public agency, after reasonable efforts, cannot discover the whereabouts of a parent;3. The student is a ward of the state under the laws of the state; or4. The student is an unaccompanied homeless child or youth.The method for determining whether a student needs a surrogate for the38parent and for assigning a surrogate for the parent to a student is the

esponsibility of the public agency. The Policy for the Appointment of Surrogate Parents is available on the MDE website at www.michigan.gov/mde.Public agencies appointing a surrogate for the parent to a student ensures that the person:1. Has no interest that conflicts with the interests of the student that he/she represents;2. Has knowledge and skills to adequately represent the student;3. Is not an employee of the public agency which is involved in the education or care of the student;4. Who otherwise qualifies to be a surrogate parent is not an employee of the public agency solely because he or she is paid by the public agency to serveas a surrogate parent; and5. Is assigned not more than 30 days after there is a determination by the agency that the student needs a surrogate.The surrogate for the parent may represent the student in all matters relating to:1. The identification, evaluation, and educational placement of the student; or2. The provision of a FAPE to the student.Access to RecordsEach public agency shall permit the parent to inspect and review all records relating to his or her child with respect to the identification, evaluation, andeducational placement of the student, and the provision of a FAPE to the student, which are collected, maintained, or used by the public agency under thispart. The public agency shall comply with a request without unnecessary delay and before any meeting regarding an IEP or hearing relating to theidentification, evaluation, or placement of the student, and in no case more than 45 days after the request has been made. A parent requesting records foruse at an IEP Team meeting, a hearing, or an appeal shall be given access to the requested records immediately.The right to inspect and review educational records under this section includes:1. The right to a response from the participating public agency to reasonable requests for explanations and interpretations of the records;2. The right to have a representative of the parent inspect and review the records; and3. The right to request that the public agency provide copies of the records containing the information if failure to provide those copies would effectivelyprevent the parent from exercising the right to inspect and review the records.A public agency may presume that the parent has authority to inspect and review records relating to his or her child unless the public agency has beenadvised that the parent does not have the authority under applicable state law governing such matters as guardianship, separation, and divorce.If any educational record includes information on more than one student, the parents of each of those children shall have the right to inspect and reviewonly the information relating to their child or to be informed of that specific information. Each public agency shall provide parents, on request, a list of thetypes and locations of educational records collected, maintained, or used by the public agency.Record of AccessEach public agency shall keep a record of parties obtaining access to educational records collected or maintained, except access by the parent andauthorized employees of the participating public agency. Records of access shall include the name of the party, the date access was given, and the purposefor which the party is authorized to use the records.Fees for Searching, Retrieving, and Copying RecordsA participating public agency may not charge a fee to search for or to retrieve information from the student’s educational record. A public agency maycharge a fee for copies of records which are made for the parent if the fee does not effectively prevent the parent from exercising his or her right to inspectand review those records.Amendment of Records at Parent’s RequestA parent who believes that information in educational records collected, maintained, or used is inaccurate or misleading, or violates the privacy or otherrights of his or her child, may request the participating public agency which maintains the information to amend the information.The public agency shall, on request, provide an opportunity for a hearing to challenge information in educational records to ensure that it is not inaccurate,misleading, or otherwise in violation of the privacy or other rights of the student.If, as a result of the hearing, the public agency decides that the information is inaccurate, misleading or otherwise in violation of the privacy or other rightsof the student, it shall amend the information accordingly and so inform the parent in writing.If, as a result of the hearing, the public agency decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or otherrights of the student, it shall inform the parent of the right to place in the educational records maintained on the student, a statement commenting on theinformation or setting forth any reasons for disagreeing with the decision of the public agency. Any explanation placed in the records of the student underthis section must be maintained by the public agency as part of the records of the student as long as the record or contested portion is maintained by thepublic agency. If the records of the student or the contested portion are disclosed by the public agency to any party, the explanation must also be disclosedto the party.ConfidentialityParental consent must be obtained before personally identifiable information is disclosed to anyone other than officials of participating agencies collecting orusing this information. Parental consent need not be obtained if the information is to be used to meet a requirement under the IDEA. An educational agencysubject to the Family Educational Rights Privacy Act (FERPA) may not release information from education records to participating agencies without parentalconsent unless authorized to do so under the FERPA.39

Destruction of InformationThe public agency shall inform parents when personally identifiable information collected, maintained, or used under this part is no longer needed to provideeducational services to the student.The information must be destroyed at the request of the parents. However, a permanent record of a student’s name, address, and phone number, his or hergrades, attendance record, classes attended, grade level completed, and year completed may be obtained without time limitation.Complaints“Complaint” means a written and signed allegation that includes the facts on which the allegation is based, by an individual or an organization, that there isa violation of any of the following:1. Any current provision of the Rules;2. 1976 PA 451, MCL 380.1 et seq., as it pertains to special education programs and services;3. The IDEA of 1997, 20 U.S. C., chapter 33, §1400et seq., in the regulations implementing the Act, 34 C.F.R. Part 300;4. An ISD Plan for the delivery of special education programs and services;5. An IEP Team report, hearing officer decision, or court decision regarding special education programs or services; or6. The State application for federal funds under the IDEA.Should the parent suspect a violation, the parent should contact the ISD’s director of special education or the superintendent’s designee. This person mayattempt to resolve the concerns informally, but the parent must be told of his/her right to file a formal complaint. The parent must also be given a copy ofthe Administrative Rules for Special Education (Rules) dealing with complaints (Part 8 of the Rules), and a copy of the Complaint Procedures for SpecialEducation. The complainant may request assistance in writing a formal complaint.If the parent files a formal complaint, the ISD must investigate the complaint and give the parent a copy of the findings within 21 calendar days. If, afterreviewing the public agency’s report, the parent disagrees with the findings, the parent may appeal to the MDE. If the ISD does not act in a timely mannerto investigate the parent’s concerns, the parent may request the MDE to investigate the concerns. A written report shall be completed within 60 calendardays from the ISD’s or the MDE’s receipt of the complaint, unless the time line is extended for exceptional circumstances relative to the complaint. A denialof an extension request is final.Rule of ConstructionNothing in this title shall be construed to restrict or limit the rights, procedures, and remedies available under the Constitution, the Americans withDisabilities Act of 1990, title V of the Rehabilitation Act of 1973, or other federal laws protecting the rights of students with disabilities, except that beforethe filing of a civil action under such laws seeking relief that is also available under this part, the procedures under subsections (f) and (g) shall be exhaustedto the same extent as would be required had the action been brought under this part.IEP AddendumThe purpose of the IEP Addendum is to make minor changes to the IEP during the year it is in effect. If substantial or comprehensive changes need to bemade to a student’s IEP, an IEP Team meeting should be convened to develop a new, complete IEP Team Report.The IEP Addendum may not be used for the following purposes:1. To determine or pre-determine any special education eligibility;2. To change the type of program for the student; or3. To exit the student from special education.The parent must be informed of the purpose, time and location of the meeting and who will be in attendance. An invitation to an IEP Addendum Meetingmust clearly state the purpose by indicating what aspect(s) of the current IEP are being considered for amendment. The parent must be informed that thestudent’s current IEP will remain in effect until the next review or re-evaluation date, the IEP Addendum cannot be implemented if the parent refusesconsent, and the parent is entitled to a full review of the IEP upon request.Because an addendum to an IEP is never an initial IEP placing a student into special education, the parent’s signature on the IEP Addendum form is notrequired to implement the IEP. However, the parent must have the opportunity to sign the IEP Addendum in disagreement before it is implemented,following the conditions and timelines at R340.1772a.40

MY PERSONAL DIRECTORYAppendix HThe Superintendent of the Washtenaw Intermediate School District is: Dr. William Miller X 1301The Special Education Director, Washtenaw Intermediate School District: Pam Mish X 1552The WISD Compliance Supervisor: X 1550The street address, phone number and website address for Washtenaw ISD is:1819 S. Wagner Rd., P. O. Box 1406Ann Arbor, MI 48106-1406 (734) 994-8100http://www.wash.k12.mi.usThe Director/Supervisor of Special Education in my local educational agency is:Phone:email:My Parent Advisory Committee Representative(s) (PAC) is/are:Phone:Phone:email:email:My child’s eligibility for special education/disability is:My child attendsThe principal of the school is:Phone:My child’s teachers are:My child’s bus driver is:The bus garage number is:Special Transportation:Phone:Phone:Phone:Phone:Phone:School. Phone:email:email:email:email:email:email:Phone:Other names, numbers, addresses that are important to me include:Phone:Phone:email:email:41

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SPECIAL EDUCATION ADMINISTRATORS AND PAC MEMBERS 2005-2006LOCAL EDUCATIONAL SPECIAL EDUCATION PACAGENCIES/SCHOOL DISTRICT Department Phone Numbers REPRESENTATIVESAnn Arbor Public Schools Dir. of Student Support Kerry Wiesner994-2318 994-3233 kerrywi@comcast.netVacantChelsea Schools Supervisor of Spec. Ed. Marion Benton433-2202 ext. 6052 475-7118 backboneridge@aol.comVacantDexter Community Schools Supervisor of Spec. Ed. Sue Gowen424-4100 ext 327-1380 sjnj904@quixnet.netJeralyn Grossman424-0632 jsgrossman@chartermi.netLincoln Consolidated Schools Supervisor of Spec. Ed. Cindy Paschal484-7000 ext. 7870 480-2859 paschalcj@comcast.netSheryl DiGiamberardino483-7734 SBDIGI1@aol.comManchester Community Schools Supervisor of Spec. Ed. Kim Edgerly428-9711 ext. 1005 428-7931 edgerlykim@aol.comVacantMilan Area Schools Director of Spec. Ed. Tracy Boggs439-5200 439-2072 tracy.boggs@usnestle.comVacantSaline Area Schools Director of Spec. Ed. Robyn Hughes429-8005 665-9039 robyndhughes@msn.comSusan Brown944-3715 SMEYN@verizon.netWhitmore Lake Public Schools Supervisor of Spec. Ed. Vacant/Vacant449-2051 ext. 1035Willow Run Community Schools Supervisor of Spec. Ed. Cassandra Montgomery961-6226 483-5943 cassamel@sbcglobal.netVacantYpsilanti Public Schools Director of Student Support Sue CampbellServices485-8188 scampbell80@comcast.net714-1953 VacantWashtenaw ISDDirector of Spec. Ed.994-8100, Ext. 155243