United states deparment of education office of special education and rehabilitative services
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A. STRENGTHGeneral Training Parents and educators informed OSEP that the Nebraska Parent Training and Information Center provides timely and accurate information to parents throughout the State. Additionally, the Parents Encouraging Parents Conference provides training and resource information to more than 300 families, including foster parents of children with disabilities. Participants at public input meetings, at parent focus groups and at State Steering Committee meetings identified parent involvement as a priority. B. SUGGESTION FOR IMPROVED RESULTSSpecific Training Areas Although the Parent Training and Information Center provides timely and accurate information throughout the State, the Steering Committee identified a concern about the availability of training for parents in rural areas. As noted above, in general training for parents is available. OSEP recommends the State continue to focus on training to expand the awareness of parents in rural areas about their due process rights, State and Federal legislation that impacts on special education, and effective methods for meaningful participation in the individualized education program (IEP) process. Parents stated that parents of children with disabilities who live in rural areas of the State would benefit from expanded opportunities to share ideas and information on parenting and educating a child with a disability. VII. PART B: FREE APPROPRIATE PUBLIC EDUCATION IN LEAST RESTRICTIVE ENVIRONMENTThe provision of a free appropriate public education in the least restrictive environment is the foundation of IDEA 97. Both the IDEA 97 statute and the regulations (evaluation, IEP, parent and student involvement, transition, participation in large-scale assessment, eligibility and placement decisions, service provision, etc.) exist to achieve this single purpose. It means that children with disabilities receive educational services at no cost to their parents, and that the services provided meet their unique learning needs. These services are provided, to the maximum extent appropriate, with children who do not have disabilities and, unless their IEP requires some other arrangement, in the school they would attend if they did not have a disability. Any removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. The IDEA 97 Committee Reports of the Senate Committee on Labor and Human Resources and the House of Representatives Committee on Education and the Workforce emphasized that too many students with disabilities are failing courses and dropping out of school. Those Reports noted that almost twice as many children with disabilities drop out as compared to children without disabilities. They expressed a further concern about the continued inappropriate placement of children from minority backgrounds and children with limited English proficiency in special education. The Committees stated their intention that “once a child has been identified as being eligible for special education, the connection between special education and related services and the child’s opportunity to experience and benefit from the general education curriculum should be strengthened. The majority of children identified as eligible for special education and related services are capable of participating in the general education curriculum to varying degrees with some adaptations and modifications. This provision is intended to ensure that children’s special education and related services are in addition to and are affected by the general education curriculum, not separate from it.” Validation Planning and Data Collection During the Validation Planning phase OSEP and the Steering Committee collected information through public input meetings to formalize the Nebraska self-study. The self-study focused on two questions: “Are adaptations being implemented in the regular education classroom?” and “Is there a disparity between urban and rural areas regarding service provision for students with disabilities?” One of the questions posed at the public input sessions was: “Do students with disabilities receive a free appropriate public education in the least restrictive environment that promotes a high quality education?” During the Validation Data Collection phase OSEP collected information from the review of student records, State and local policies, procedures and placement data, and interviews with State and local personnel, local program and building administrators, teachers, parents, and related service providers. Analysis of data by OSEP resulted in the identification of the following areas of noncompliance and suggestions for improved results. A. AREAS OF NONCOMPLIANCE1. Placement in the Least Restrictive Environment 34 CFR §300.550 requires each public agency to ensure that, to the maximum extent appropriate, children with disabilities are educated with children who are not disabled. Placement in special classes, separate schooling or other removal of children with disabilities from the regular educational environment may occur only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. The services and placement needed by each child with a disability to receive a free appropriate public education must be based on the child’s unique needs and not on the category of the child’s disability. OSEP learned in interviews with special education and general education staff in all five districts that the extent to which students with disabilities are educated with nondisabled students in the regular education classroom depended upon available educational aides. Special and regular education teachers reported insufficient number of paraprofessionals to enable students with disabilities to receive instruction, when appropriate, in the regular classroom. This resulted in children with disabilities occasionally not being placed in the least restrictive environment. For example, it was reported by regular and special education teachers and administrators that when paraprofessionals or educational assistants are not available to support the student with a disability in the regular education classroom as required by their IEP, the student remains in the special education class for that instructional period. Thus, the inability of schools to recruit and retain these staff has affected inclusion of students with disabilities in general education classrooms. 2. Related Services-Psychological Services Under 34 CFR §300.300, public agencies must make a free appropriate public education, including special education services and any related services that the child needs to benefit from special education, to all children with disabilities. The definition of related services specifically includes the provision of psychological counseling if a child needs that service to benefit from special education. Administrators and teachers in two districts informed OSEP that psychological counseling is not included in students’ IEPs and provided as a component of a free appropriate public education, even if a student with a disability needs that service to benefit from special education. They explained that although there are students who require such counseling to benefit from special education, the necessary counseling is not the responsibility of the school and would not be provided as a component of a free appropriate public education regardless of student need. |