Special Education and Administrative Duties Melissa Casablanca, Ed.S. Director of Special Education
FAPE and IEP Appropriateness The law requires school districts provide an educational program that will provide the student with meaningful (some) educational benefit. Board of Education of the Hendrick Hudson Central School District v. Rowley Doesn’t require the “best education possible”. Cadillac vs. Chevrolet Doesn’t have to maximize the potential for a student with a disability.
IEP Procedural Pitfalls Failure to invite and ensure attendance of mandatory school team ● members and to ensure they understand their role/responsibility. Excusal Procedure ○ Role of LEA Representative ○ Invite Student to meeting when required (post-secondary goals and transition). ○ Properly invite parents and allow them meaningful participation ○ Contact prior to meeting notice to ask what dates they are available ■ Multiple attempts to contact ■ Offer alternative forms of participation (video conference, telephone conference) ■ Parents Invitees must be allowed to participate - ■ If the invitee is an attorney - our attorney must be present ●
IEP Procedural Pitfalls Failure to notify parents of their Right/Procedural Safeguards ● Predetermination of Placement - Denying Meaningful Parental Input into ● Decision Making Have several options available to discuss ○ Provide those options to parent ahead of time when feasible ○ Have appropriate personnel at meeting to discuss those options ○ Don’t be bound or restricted by web-based IEP in the development of the ● IEP Share ALL evaluative data with parents ● Consider recommendations of private evaluators ●
IEP Services in the Least Restrictive Environment LRE REQUIREMENTS Each LEA shall have policies and procedures to ensure that to the maximum extent ● appropriate , children with disabilities, including children in public or private institutions or other care facilities in Georgia shall be educated with children who are not disabled . [34 C.F.R. § 300.114(a)(2)(i)] Special classes , separate schooling or other removal of children with disabilities from the ● regular class environment shall occur 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. [34 C.F.R. § 300.114(a)(2)(ii)] A child with a disability is not removed from education in age-appropriate regular ● classrooms solely because of needed modifications in the general education curriculum . [34 C.F.R. § 300.116(e)]
Failure to focus on the “I” in EIP What is necessary for the student to receive educational benefit? ● “We don’t do that here…” ○ “We don’t have the resources to do that…” ○ Must reach a “consensus”...it is not “up for a vote” ○ Important team members must not sit in silence ○ Sufficient and current evaluative data - Progress Monitoring ○ Solid Present Level of Performance Statements ○ Behavior Factor Consideration ○ Appropriate and Measurable Annual Goals ○ Extended School Year Services ○ Transition ○ Don’t be too specific and include unnecessary items (specific AT device, specific teacher, etc.) ○ Proofread the Document before it is finalized ○ Action Plan for Implementation - what needs to be put in place? (FBA, transportation, etc.) ○
Prior Written Notice and the IEP Process Must be provided when the district is proposing or refusing to initiate or ● change the identification, evaluation, placement or provision of FAPE to a student with a disability. This is handled at the Central Office level ○ Provided in writing to parent ○ Typically a state created form and a letter ○ Provide a copy of parental rights/procedural safeguards ○
Tips for a Smooth IEP Meeting Do not unleash your inner attorney ● Ignore legal arguments of parent/advocate and focus on what is necessary for the ○ student to receive educational benefit Do not unleash your inner physician ● Avoid diagnosing medical conditions or suggesting medications to parents ○ Don’t take things personally ● No Good Deed Goes Unpunished ○
Transportation Bus discipline can have an impact on attendance - if a SWD is suspended ● from the bus and as a result cannot make it to school that day counts the same as a suspension from school day. Riding the bus can provide great insight into misbehavior and possible ● solutions. A student can only be placed on Special Transportation through an IEP ● meeting.
Behavior Issues Functional Behavior Assessments (FBA) - process for determining the reason ● why (function or purpose) the behavior is occurring. Behavior Intervention Plan (BIP) - plan to address challenging behaviors and ● allow the student to learn socially appropriate and responsible behavior. Behaviors can be externalizing behaviors or internalizing behaviors (harder to ● see). Behavior Intervention Plans are appropriate for both types of behaviors. Make sure ALL personnel who have have access to the student’s IEP also have ● access to their BIP - example bus driver, ISS Teacher, STOP Teacher School personnel must make good faith reasonable efforts to continue to ● address behavioral issues and to try new interventions (and service providers) when those being used have been ineffective.
Mental Health Issues/GNETS Standard for change in placement - maintaining the student in his current ● placement is substantially likely to result in injury to the student or others. Must show that the IEP is being implemented with fidelity ○ IEP must address behaviors through services and goals. ○ Must have a reintegration plan to return to base school ●
Restraint/Seclusion Restraint should be used only if there is imminent harm to self or harm to ● others Seclusion - should never be used ● Mindset is our deescalation/restraint program ● Must be recertified yearly ○ Restraint only if imminent harm to self or harm to others ○ If you haven’t been trained...you shouldn’t restrain... ○
Evaluations/Child Find/Eligibility When in doubt...call Central Office...770-254-2800 ● Cannot delay addressing parent request for evaluation...however, there ● is a process…we will not necessarily evaluate every time...you can let Central Office assist in making that determination...just be sure you share the request. A student can be a student with a diagnosed disability and NOT be a ● student served through special education. Must meet Georgia eligibility criteria ○ Must need specialized instruction ○ Must show that they are not making appropriate progress academically, ○ social/emotionally, and/or functionally toward grade level standards - must be able to show educational impact .
Source: Julie J. Weatherly, Esq.: Special Education Legal Retreat January 22, 2016
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