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					    Navajo Blessing for a
       Newborn Child

               "Today, we are blessed with a beautiful baby
                  May his feet be to the East
                  May his right hand be to the South
                  May his head be to the West
                  May his left hand be to the north

May he walk and dwell on Mother Earth peacefully
May he be blessed with precious, variegated stones
May he be blessed with fat sheep in variation
May he be blessed with respectful relatives and friends
•Zonnie Sombrero
•Sarah Nez
•Leberta Henderson
Parent Empowerment and

  Western Navajo Agency
        Parents, Students
       Schools as Partners

Rights and Responsibilities
        of Parents
 Presentation Goals
Goals of this Presentation

                               parents will understand
                                their rights regarding
                                  special education

                             collaboration between family
                                 and school personnel
                                   will be enhanced

                           parents and school personnel
                        will participate in special education
                        matters as knowledgeable partners
Special Education Laws
Individual with Disabilities Education Act:

               •Sometimes referred
               to as IDEA-97
               •Also known as IDEA
• The term “parent” refers to a natural or
  adoptive parent, a legal guardian, a person
  acting as a parent, or a surrogate parent who
  has been appointed by the school.

               •The term “acting as a parent”
               includes persons such as a
               grandparent or stepparent with
               whom the child lives as well as
               person who are legally
               responsible for a student’s
      When is a student eligible for
         Special Education?
A student is eligible if all three of the
  following are true:
• The student has one or more
• The student is not making effective
  progress in school as a result of
  the disability(ies).
• The student requires special
  education in order to make an
  effective progress.
 When is a student not eligible for
       Special Education?

  – Limited English Proficiency
  – Vision/Hearing
  – ADHD/ADD (Attention Deficit Hyperactivity Disorder/
    Attention Deficit Disorder)
  – Behavior

(Unless it impedes the student’s learning)
   Referring a student for an
evaluation to determine eligibility
• Parents, or other adults involved with the
  student can make
  a referral for an
• A referral can be
  made at any time.
• A school may not refuse a referral in
  order to try other supportive services.
   13 Types of Disabilities that may
 adversely affect educational progress
          that are defined in
     state and federal regulations
1.    Mental Retardation
2.    Hearing Impairments
3.    Speech & Language Impairments
4.    Visual Impairments
5.    Emotional Disturbance
6.    Orthopedic Impairment
7.    Other Health Impairment
8.    Specific Learning Disability
9.    Deaf-Blindness
10.   Multiple Disabilities
11.   Autism
12.   Traumatic Brain Injury
13.   Developmentally Delay
         Children with Disabilities receiving Special
         Education in BIA Schools December 3, 2001

Mental Retardation'              70
Hearing Impairment
Speech/Language Impairment
Visual Impairment                50
Emotional Disturbance
Orthopedic Impairment            40
Other Health Impairment
Specific Learning Disabilities
Multiple Disabilities
Autism                           10
Traumatic Brain Injury
Developmental Delay
                                      Age 5
Children with Disabilities receiving Special Education in BIA Schools December 3, 2001

Mental Retardation'
Hearing Impairment               50
Speech/Language Impairment
Visual Impairment
Emotional Disturbance
Orthopedic Impairment
Other Health Impairment
Specific Learning Disabilities
Deaf/Blindness                   20
Multiple Disabilities
Autism                           10
Traumatic Brain Injury
Developmental Delay
                                                      Age 6-11
 Children with Disabilities receiving Special Education in BIA Schools December 3, 2001

Mental Retardation'
Hearing Impairment
Speech/Language Impairment       60
Visual Impairment
Emotional Disturbance            50
Orthopedic Impairment
Other Health Impairment
Specific Learning Disabilities
Multiple Disabilities
Traumatic Brain Injury           10
Developmental Delay
                                                   Age 12-21
  Children with Disabilities receiving Special Education in BIA Schools December 3, 2001

Mental Retardation'
Hearing Impairment
Speech/Language Impairment
Visual Impairment
Emotional Disturbance            40
Orthopedic Impairment
Other Health Impairment          30
Specific Learning Disabilities
Multiple Disabilities
Traumatic Brain Injury
Developmental Delay
                                                    Age 5-21
       Special Education
• Special Education -
  is specially designed
  instruction to meet
  the unique needs of
  an eligible student,

• Related services necessary to access and
  make progress in the general curriculum.
   Related Services Help Children
• Some children cannot
  learn in school unless
  they have both special
  education and “related

These related services
  may be as follow:
    Your child has a right to related services
     if they are necessary to help him or her
          benefit from special education.
♦ Counseling
  Occupational therapy
♦ Speech/language
  Physical therapy
♦ Orientation /mobility
♦ Transportation
  School health services
♦ Psychological services
♦ Rehabilitation Counseling
♦ Parent Counseling and Training
♦ Social Work Services
          How quickly can I get
 Consent to Evaluate
   o A month after school starts,
     30 School Working Days to
 Team meeting to determine
   o No later than 10 School Working
 If eligible, development of IEP
  and determination of placement
   o   Within 30 calendar days
 IEP must be implemented
   o Within 5 days after it has been
     Six Basic Principles

The federal and state
 special education laws
 and the rights of
 parents and students
 in special education
 are grounded upon six
 basic principles.
          The Six Principles
1.   Parent and Student Participation
2.   Free and Appropriate Public Education (FAPE)
3.   Appropriate Evaluation
4.   Individualized Education Program (IEP)
5.   Procedural Safeguards
6.   Least Restrictive Environment (LRE)
        Principle #1 - Parent and
          Student Participation
• Parents have the right to participate
  in all special education planning and
  decision-making activities.

• Students are the focus of special
  education and, as they grow older,
  students are expected to participate
  in planning for their own future as
  much as possible.

• It is the obligation of the school
  district to make strong efforts, in
  multiple ways, to ensure parental and
  student participation.
 Specific Participation Rights:
Schools must make multiple efforts to facilitate parental
attendance at Team meetings. If parents cannot attend,
schools must seek parent input through other means.

• Students at age 14, or younger if appropriate, are
  entitled to participate in all Team meetings.
• Students at age 18 are adults under Federal
  law/regulations and assume all the rights formerly held
  by their parents for participation and decision-making.
 Areas of Education where
     Parent and Student
Participation are Guaranteed
         •   Referral
         •   Evaluation
         •   Eligibility Determination
         •   IEP Development
         •   SAT-9/AIMS
         •   Participation
         •   Placement Decisions
         •   Disciplinary Actions
          Principle #2 - FAPE
Free and Appropriate Public Education
• Free = At no cost to the parent.
• Appropriate = Services sufficient to
  enable the student to appropriately progress
  in education and advance toward achieving
  the IEP goals.
• Public = Provided by the public school
  district or under the direction of the public
  school district.
• Education = Preschool, elementary and
  secondary education, including extra-
  curricular and nonacademic school activities.
    Principle #2 – FAPE (continued)
    What is the General Curriculum?
• The same curriculum as
  students without
  disabilities receive
  (Reg. 300.347)
• Including all State &
  Navajo Standards aligned
  with the School’s General
Principle #3 - Appropriate

           • Initial evaluation
           • 3 year re-evaluation
           • Individualized assessments
           • Non-discriminatory
           • Includes a variety of tools and
             strategies, including
             information provided by the
  Some specific evaluation Rights:
•Right to discuss both the proposed evaluations and evaluators prior
 to the evaluation.
•Right to an evaluation in the student’s native language or mode of
•If appropriate, right to an evaluation of need for Braille

• Right of parents to consent or refuse evaluation.
• Right to independent educational evaluation when
  parents disagree with the results of the evaluation
  done by the school district.
• Right to appeal a finding of “No Eligibility.”
     Parental Rights In Special Education
             (Procedural Safeguards)
• Parents have an important role in the evaluation process
  when a child is suspected of having an educational
• Parental consent initiates the process and the parent is
  included as a valuable member of the multidisciplinary
• The special education process affords parents the
  opportunity to be very involved in the development of the
  child's educational programs beginning with evaluation and
  assessment, through identification and placement.
Parent Participation

      As a parent, you are an important
       member of the IEP team.
     • You have the right to
       participate in all educational
       decisions involving your child;
        – By attending all meetings;
           • Evaluation
           • IEP
           • Placement
               Right to Consent
• You have the right to know that the school
  district must obtain your informed written
  consent before any evaluation is conducted or
  any placement is made in special education,
  even if a placement is being renewed.
• Written consent is also required before
  identification of a child with an educational
  disability, changing the identification, or
  changing the nature or extent of special
  education and educationally related services
  for a child.
• You may refuse to provide written consent. If
  the school feels that the education plan is in
  the best interest of the child, the school
  district may initiate Due Process procedures
  to carry out its recommendation.
        Written Prior Notice
• You have the right to receive written notice
  in language understandable to you whenever
  the school district proposes to initiate or
  change the identification, evaluation,
  placement, or the provision of a free and
  appropriate public education.
• The notice should explain the proposed action
  and any evaluation, tests, records, or reports
  used to support the action.
• You have the right to examine all
  relevant records kept by the school
  district regarding identification
  (coding), evaluation, IEP, placement, and
  the provision of a free, appropriate,
  public education to your child.
         Educational Evaluations
•   You have the right to a full and individual
    evaluation of your child's educational needs.
•   By law, a re-evaluation must be conducted
    every three years.
•   You also have the right
    to request an independent educational
    evaluation of your student at the school
    district's expense if you disagree with the
    school district's evaluation.
•   However, the school district may begin Due
    Process proceedings to show that its
    evaluation is valid.
•   If the district evaluation is shown to be
    valid, you still have the right to an independent assessment but not
    necessarily at the school's expense.
•   The school district must inform you where and how an evaluation can be
    obtained and must consider the evaluation for any coding, placement
    decision, or hearing.
    Independent Educational
        Evaluation (IEE)

• Anytime you are dissatisfied with the
  school’s evaluation.
• The school is obligated to consider
  information from IEE.
     Principle #4 - Individualized
       Education Program (IEP)
• Written information
   on the parent’s concerns
   and the student’s skills.
• A written explanation of
  how the disability affects
  the student’s ability to learn and to
  demonstrate his or her learning.
• An identification of specific, measurable
  goals which can be reached in a year’s time.
• A listing of the services to be provided to
  the student.
         Purpose of the IEP
The IEP’s purpose is to outline:

• What will be done to assist the
  student to make effective progress
  in the general curriculum and in the
  life of the school.
• How the student will participate in
  state and local assessment. Arizona
  State Assessment (AIMS, SAT-9)
• The goals the student is expected
  to reach by the end of the IEP
• Recommendation or Option for ESY
  (Extended School Year)
           Rights Associated
              with the IEP
• Before the school can begin IEP
  services, the school must obtain the
  parent’s consent.
• The parent has the right to accept
  or reject the proposed IEP in part
  or in full.
• The completed IEP is signed by both
  the school district and the parent
  and serves as a contract between
  the school and the parent.
• The parents can withdraw their
  consent at any time in relation to any
  service or program.
                  Principle #5
         Procedural Safeguards
•   Right to written notice
•   Right to consent/refuse
•   Right to “stay put”
•   Problem Resolution System
•   Mediation and Due Process
•   Timelines
•   Confidential records
•   Right to receive evaluations 2 days in
    advance of Team meeting, if requested
School Records
    • Parents have the rights to see
      and request copies of their
      child’s school records. If you
      disagree with items in the
      record you can ask if they can
      be changed or removed.

    • You have the rights to review
      and inspect and review
      education records under this
      section includes;
             Access to Records
1.   The right to a response from the school to reasonable
     requests for explanations and interpretations of the
2.   Your right to have your representative inspect and review
     the records; and
3.   Your right to request that the school provide copies of the
     records containing the information if failure to provide
     those copies would effectively prevent you from exercising
     your rights to inspect and review the records.
• Parental consent must be
  obtained before personally
  identifiable information is
  disclosed to anyone other
  than participating
  agencies collecting or
  using the information
  under IDEA requirements.

• Schools will protect the
  confidentiality of student
            Right to Appeal
 You have the right to appeal any
  decision of the school regarding;
     Identification
     Evaluation
     IEP's,
     provision of FAPE
     Placement of a disabled student

 Due Process Hearing Procedures
  will be followed
Mediation helps resolve disagreements between
   schools and parents.
a) Mediation is a voluntary process mutually agreed
   to by the parent and the school.
b) Mediation is confidential and is available at no
   cost to either the parent or the school.
c) Mediation will not be used to deny or delay the
   right to a due process hearing, or any other
   rights afforded to children an parents.
d) The school or parent my request mediation at any
Complaint Procedures
• Complaints can
  be made by any
  person or
  organizations to:

Office of Indian Education Programs
Center for School Improvement
500 Gold Ave. SW. 7th Floor
P.O. Box 1088
Albuquerque, NM 87102-1088
Phone: (505) 248-7529
Fax: (505) 248-7545
   Principle #6 - Least Restrictive
           Environment (LRE)
• In the public school building: the general
  education classroom, a resource room, or a
  substantially separate classroom.

• Outside of the school building: a separate day
  school or a separate residential school.

• For young children (aged 3-5):
  a home-based or center-based
  early childhood program
Least Restrictive Environment
• You have the right to have your child
  educated with students who do not have
  disabilities to the maximum extent that is
  appropriate for your child.
• You have the right to know that the school
  district provides a continuum of alternative
  educational environments for students
  with disabilities.
        Students have the right to receive
       special education services even when
         they are unable to attend school.

Sometimes students are unable
  to attend school for non-
  educational reasons.

Students may be:
• In a hospital,
• At home
• Or in an institutional setting.
• Teachers and other staff at the local
• Office of Special Education, Western
  Navajo Agency PO Box 7074, Tuba City,
  Arizona (928)283-2218
• Bureau of Indian Affairs, Office of
  Indian Education Programs, Center for
  School Improvement, 500 Gold Av. SW
  room 7B, PO Box 1088, Albuquerque,
  NM 87102-1088
• Theresa Yanan, DNA-People’s Legal
  Services, Inc., Native American
  Protection & Advocacy Project,
  P.O. Box 392, Shiprock, NM. 87420
  (505) 368-3216
•   TABS



         MENTAL HEALTH, ETC,…)
           Thank You……….
 for taking part and interest in
 your child’s education.

                      Hope the presentation
                      was beneficial in meeting
                      your needs.
  Closing Prayer from the Navajo Blessing Way
       In beauty I walk
With beauty before me I walk
With beauty behind me I walk
With beauty above me I walk
With beauty around me I walk
It has become beauty again
It has become beauty again
It has become beauty again
It has become beauty again
                                    Hózhóogo naasháa doo
                                Shitsijí' hózhóogo naasháa doo
                               Shikéédéé hózhóogo naasháa doo
                                Shideigi hózhógo naasháa doo
                                T'áá altso shinaagóó hózhóogo
                                           naasháa doo
                                        Hózhó náhásdlíí'
                                        Hózhó náhásdlíí'
                                        Hózhó náhásdlíí‘
                                        Hózhó náhásdlíí‘