DeanNewtMaster496
Preparing a concept map of federal and state laws that protect…
Preparing a concept map of federal and state laws that protect children with special needs. D
Identify each federal or state law.
that guarantees each law
At the end, prepare a paragraph explaining how federal and state laws apply to the teaching and learning process of the student with special needs.
Content:
Legal Basis of the Evaluation Process used in Puerto Rico.
The federal law that regulates the provision of special education services in Puerto Rico and therefore the evaluation process is the Individuals with Disabilities Improvement Education Act of 2004 (P.L. 108-446), the state legislation is Law 51. Let’s look at the legal provisions regarding the evaluation process. There are basically two ways by which services can be requested. Parents can request that their child be evaluated by contacting the school district or public agency. He or she may initiate a request to evaluate the student based on the teacher’s recommendations, or observations and results.
The regulations are very specific about how school districts must conduct the evaluation of children and youth suspected of having a disability. Evaluation should respond to research-based intervention. The IDEIA Law emphasizes the response to intervention. It must be shown that the student continues to fail when it does not begin to have received intervention. Evidence that the student has been provided with research-based intervention should be documented before referral for evaluation. If the public agency believes the student may have an impairment and needs special education and related services, it evaluates the student after obtaining written parental consent. To complete the evaluation process you have 60 calendar days or what is established by the agency as long as it is guaranteed that the process is agile.
The evaluation of the child should be conducted by a multidisciplinary evaluation team. This team varies in its composition depending on the possible impediment. For example, any of the following people might be part of the evaluation team: a school psychologist, speech-language pathologist, reading teacher, occupational or physical therapist, educational diagnostic experts, or others as needed.
According to the requirements of the law, the student must be evaluated in all areas related to the possible impairment that is suspected. This includes, where appropriate, the assessment of:
Health
The Vision
Hearing
the social-emotional state
General Intelligence
Academic performance
Communication
motor skills.
To accomplish this, a variety of assessment tools and strategies should be used to gather pertinent information about student function and development. This includes information provided by parents, as well as information provided by the school. The purpose of the initial evaluation is to gather information that can help determine if the child or youth has an impairment. To this end, then, the evaluation should be comprehensive enough to identify all of the child’s needs for special education and related services.
The evaluation process, as described in IDEIA, requires the group of professionals to begin by reviewing all the data collected. This includes evaluations and information provided by parents, evaluations and observations in the classroom; and observations from teachers and related service providers. The IDEIA Act includes several general provisions for evaluation intended to ensure that evaluations of children and young people provide complete and accurate information about their potential and needs. This includes the following:
1. No single procedure may be used as the sole criterion for determining condition.
2. Tests and other assessment materials must be selected and administered in such a way that they do not discriminate against the student.
3. Any tests or other assessment materials given to the child or young person during the assessment process must be provided and administered in their native language or in the mode of communication that the student masters unless it is clearly not possible to do so.
4. If the student has limited proficiency in a language, the materials and procedures used to evaluate the student should be selected and administered to ensure that they measure that the student has an impairment and needs special education. The intent of these provisions of the law is to protect them from discrimination based on racial, cultural, or linguistic background from an incorrect diagnosis. For example, cultural background can affect a student’s behavior or responses. Likewise, if the student speaks another language or if his or her ability to speak is limited, he or she may not understand the instructions or words on the tests and may not be able to respond well. As a result, the student may appear to be slow to learn or have a problem with hearing, communication or mental retardation for example.
5. Any standardized test administered must be validated for the specific purpose of its use. These must be administered by personnel duly qualified for this purpose.
6. If the evaluation is not performed under normal conditionsthat is, some condition of the test has been modified (such as, for example, the qualifications of the person administering the test or the method of administering the test) a description of the extent of the variation should be included in the evaluation report.
7. Tests and other assessment materials should be included to determine areas of the student’s specific educational needs and not just those that are designed to provide an IQ (the level of intelligence).
8. If the student has sensory, motor, or speech-language problems, the law requires that tests be selected and administered to ensure that test results accurately reflect their aptitude or level of performance (or any other factor the test purports to measure).
9. The public agency must use assessment tools and strategies that provide relevant information that directly assists individuals in determining the student’s educational needs. Finally, it will prepare a report on the results obtained from the evaluation.
The public agency must provide parents with a copy of the evaluation report, as well as documentation of the student’s eligibility determination. Some school systems hold a meeting in which they consider a student’s eligibility for special education and related services. At this meeting, the results of the evaluation should be explained to the parents. If the evaluation results indicate that the student meets the IDEIA listed definitions of one or more disabilities and needs special education and related services, the results will form the basis for the development of the Individualized Education Program.
If the student’s parents disagree with the results of the evaluation conducted by the public agency, they have rights to obtain an independent evaluation. This means that parents may request that a competent professional examiner who is not employed by the public agency responsible for the student’s education conduct another evaluation. If parents request an independent evaluation, the public agency must provide them, among other things, with information about where this evaluation can be obtained. Independent evaluations are conducted at the expense of the public or parents on a case-by-case basis.
If the parent has a communication problem, he or she has the right to be provided with an interpreter or translator who is present during meetings, such as meetings to discuss the child’s evaluation and eligibility for special education or for meetings about the development or review of the Individualized Education Program (IEP). The public agency may pay for the independent evaluation, or it may initiate a hearing to show that its own evaluation is appropriate. The public agency may question the parent as to why he or she opposes the public evaluation. However, the agency may not cause unreasonable delays by providing the independent evaluation at public expense or by initiating due process of law to defend the public evaluation.
If the public agency initiates a hearing and the hearing officer’s final decision is that the school’s evaluation was appropriate, the parent still has the right to an independent evaluation but not at public expense. As part of the hearing, the eye officer may request an independent evaluation; If so, the evaluation must be conducted at public expense. When an independent evaluation is paid for with public funds, it must meet the same criteria that the public agency uses when initiating an evaluation. The public agency should tell you what these criteria are. Such as the location of the assessment and the examiner’s qualifications. These should be the same criteria that the public agency uses when initiating an evaluation, so that they are consistent with your right to an independent evaluation. However, the public agency cannot impose other conditions or periods related to the independent evaluation at public cost. Of course, the parent has the right to have their child independently evaluated at any time, as long as they pay for this evaluation. The results of this evaluation must be considered by the public agency (if the evaluation meets the agency’s criteria) for any decision regarding providing a free, appropriate, public education. The results may also be presented as evidence at a hearing.
The first evaluation is called an initial evaluation, those made later are called a reevaluation. Reevaluations must be conducted at least every three years after the student’s placement unless parents and the agency understand that reevaluation is not warranted. In the case of mental retardation, the reevaluation will be done every two years. The IDEIA Law indicates that only one annual reevaluation will be made. Written parental consent is required for any reassessment.
As with initial assessments, reassessments begin with reviewing existing current data, including assessments and information provided by teachers and the student’s parents. Based on that review, the group, which includes parents and other qualified professionals (as appropriate), must identify what additional data is necessary to determine whether the student remains a “child with a disability” and whether he or she continues to need special education and related services. If the group determines that additional data is necessary, then the public agency must administer tests and other evaluation materials as necessary to produce the information always with parental consent.
RIGHTS OF EXCEPTIONAL PARENTS AND STUDENTS TO A DUE EVALUATION PROCESS:
Parents have the following rights regarding the evaluation process:
Right to receive a copy of your child’s registration form when your child is registered.
Right to receive prior written notice whenever the Department of Education takes any action that requires your child’s involvement.
Right to receive prior written notice whenever the Agency proposes or refuses to initiate or change the identification, location, evaluation, or provision of a free, appropriate public education to your child. This prior notification must contain:
A description of any action the agency proposes or rejects.
an explanation of the reasons for proposing or rejecting such action.
a description of other options that were considered and the reasons for discarding them.
a description of each evaluation procedure, test, dossier or report used as a basis for the proposed or rejected action.
a statement that fathers have rights that protect them and describes how they can get a copy of the Father’s Rights document.
Accessible sources for help understanding laws related to the education of children and youth with disabilities.
These written notices must be written in a language that the parent understands, in his vernacular or in any other means of communication that the father uses, unless this is clearly impossible to do. If your vernacular or means of communication is not the written language, then the Agency shall take other steps to ensure that the written notification is translated orally to you or provided through any other appropriate means of communication.
The right to participate in meetings related to the identification, evaluation, placement, or provision of a free, appropriate public education for your child.
Right to request a change in the date or place of a meeting to another date or place coordinated by mutual agreement with the Agency.
Right to bring persons to represent or assist you during any meeting with the Agency. Such persons must be individuals with knowledge or expertise about the child or youth and his/her educational needs.
The agency must seek written parental consent before administering any testing or evaluation to establish eligibility for special education or related services.
Right to re-evaluation as stipulated by law
Right to receive copies of the results of your child’s evaluations of the Agency’s documentation on determining your child’s eligibility for special education and related services. These copies must be provided at no cost to the parent. If a meeting has been scheduled to discuss the results of the evaluation or eligibility determination or to develop your child’s IEP, the agency must provide you with a copy of the evaluation results and documentation for the determination prior to the meeting.
Right to have the results of all evaluations explained to you and interpreted to you.
Right to accept or reject the results of any evaluation performed on your child.
Right to request an independent educational evaluation if you disagree with the evaluation conducted by the agency. By requesting such an evaluation, you have the right to have the agency guide you on where you can obtain an independent educational evaluation and the criteria the agency applies to such evaluations.
Right to request and obtain an independent educational evaluation.
Right to inspect and review any educational records related to your child that are collected, maintained, or used by the agency as part of the system of special education and related services.
RELATED SERVICES
Related services refer to those services necessary for the student to perform to the maximum of his potential in addition to the educational services provided. These services are stipulated by law and are as follows:
Transportation
Developmental, correctional or support services that may be required to assist a child with disabilities in benefiting from special education,
Early identification and assessment of conditions
Speech-language pathology
Audiology
Interpretation
Psychological services
Physical and occupational therapy
Recreation, including… (Therapeutic recreation, )
Social welfare services
School nurse services designed to enable a child with disabilities to receive a free, appropriate public education as described in the child’s individualized educational program
Counseling services, (including rehabilitation counseling)
Guidance and mobility services,
Medical services (except that medical services will be limited to diagnostic or evaluation aspects)
