Tag Archives: compliance

KPS4Parents’ Parent Education Series

New Sessions to be Held November – December, 2017

Sign up for individual sessions or all six sessions as a package deal.

Your presenter will be Anne M. Zachry, M.A. Ed. Psych.  Ms. Zachry has been a special education and disability resource lay advocate since 1991, a paralegal in special education and related matters since 2005, and an educational psychologist since 2013.  She will take you through the procedural and substantive considerations of identifying each student’s unique learning needs and how the regulations apply to their unique situations.

Our six sessions are as follows:

  • Session 1 – Nov. 4, ‘17:  The Basics of Special Education Parent Rights
  • Session 2 – Nov. 11, ‘17:  Assessments and Present Levels of Performance
  • Session 3 – Nov. 18, ‘17:  Measurable Annual IEP Goals
  • Session 4 – Dec. 2, ‘17:  Determining IEP Services & Placements
  • Session 5 – Dec. 9, ‘17:  Behavioral Interventions and Students with Special Needs
  • Session 6 – Dec. 16, ‘17:  The Differences Between IEPs and 504 Plans

EACH SESSION WILL BE HELD FROM 2:00-4:30pm

at Little Thai Fine Dining

2500 Las Posas Rd., Ste. D, Camarillo, CA  93010

A buffet-style late lunch is included.  This is meant to be a comfortable setting where we can tackle some hard issues and help parents understand how the rules and regulations uniquely apply to their own situations.

Educational Series Course Fees:

  • Single Sessions:  $45/individual, $80/couple
  • Package Deals:  $250 for all 6 sessions/individual, $475 for all 6 sessions/couple

PARTICIPANTS MUST PRE-REGISTER

LIMITED SPACE IS AVAILABLE FOR EACH EVENT, SO REGISTER RIGHT AWAY!

Refunds not available for missed events, but make-up sessions will be conducted.

 

When Are Teachers Supposed to Get Their Students’ IEP Copies?

Once in awhile, I’ll run across something familiar, the language of which just hadn’t resonated with me until that moment. I was doing some legal research recently and experienced one of those times.

EC 56347 provides the legal requirement that the public schools in California must give Individualized Education Program (IEP) copies to a special education student’s educators before the student arrives in their instructional settings. I can’t tell you how many kids I’ve served whose teachers still hadn’t seen their IEPs after school had been in session for 30, 45, or 60 days.

Sometimes it was that they didn’t know the kids were on IEPs because no one told them or gave them IEP copies. Other times, they knew some of their kids were in special education, but no one was ever given IEP copies, so they didn’t know they were supposed to expect them. Other times, they got the IEPs, but didn’t have time to deal with them, threw them in a drawer, and forgot about them. By the time the first report cards of the school year came out, these kids were train wrecks.

Moreover, this section of the regulations requires that staffs always have access to IEPs, know and understand their content, and know which parts of the IEP they are responsible for implementing, as well as how to implement those parts. Specifically, it reads:

A local educational agency, prior to the placement of the individual with exceptional needs, shall ensure that the regular teacher or teachers, the special education teacher or teachers, and other persons who provide special education, related services, or both to the individual with exceptional needs have access to the pupil’s individualized education program, shall be knowledgeable of the content of the individualized education program, and shall be informed of his or her specific responsibilities related to implementing a pupil’s individualized education program and the specific accommodations, modifications and supports that shall be provided for the pupil in accordance with the individualized education program, pursuant to Section 300.323(d) of Title 34 of the Code of Federal Regulations. A copy of each individualized education program shall be maintained at each schoolsite where the pupil is enrolled. Service providers from other agencies who provide instruction or a related service to the individual off the schoolsite shall be provided a copy of the individualized education program. All individualized education programs shall be maintained in accordance with state and federal pupil record confidentiality laws.
(Amended by Stats. 2007, Ch. 56, Sec. 51. Effective January 1, 2008.)

This State regulation provides procedural accountability for situations such as when an IEP sits in a special education department filing cabinet without a special education student’s general education teachers knowing anything about it or the accommodations they are supposed to be providing in their classrooms to that child. The federal regulations are not as exactly precise.

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California’s Regulations for Positive Behavioral Interventions

UPDATE:  Effective July 1, 2013, the Hughes Bill, which described the FAA procedures, was repealed and replaced with AB 86, which offers fewer legal protections to students with behavioral needs.  Click here for more information about this change in the law.  The material below now only applies to those students who were eligible for an FAA and possibly a PBIP prior to July 1, 2013. These students may currently have PBIPs in their IEPs, which remain in force until their IEPs are replaced at their next annual due date. Students with claims arising within the last two years from school agencies’ failures to comply with the Hughes Bill during the portion of the statutory period in which it was still in force may still bring claims regarding those failures, in which case, the material below is still applicable.


Click here to listen to the podcast version of this post.

As part of a series of articles regarding seclusion and restraint practices involving special education students across the nation, we’re starting out with a look at the regulations already on the books in California. We’re starting with these state-specific regulations because California is one of the few states to have regulations this specific and, as one of the most populous states in the nation, these laws impact a lot of kids. So, this information can potentially benefit a lot of students by helping their parents in their efforts to achieve appropriate behavioral interventions as well as help their educators understand their obligations, thereby preventing a lot of costly litigation that takes money away from actual instructional costs.

There is federal legislation pending to address this very issue. The lack of consistency among the states as to what constitutes a lawful restraint or seclusion varies so widely that what is regarded as child abuse in one state is considered perfectly acceptable in others.

Because California has such specific language in its regulations about one aspect of positive behavioral intervention, we wanted to examine these regulations more closely. Plus, I’ve been involved in a due process case in which an 8-year-old with autism was unwittingly provoked into an outburst by well-intended special ed staff with the whole thing culminating in a DARE officer who happened to be on campus handcuffing the boy in an effort to protect him from hurting himself. That whole incident involved both restraint and seclusion with disastrous results.

So, this issue is vivid in my mind right now after having met this sweet boy and his loving family, as well as in light of other work I’ve been doing recently that has also involved inappropriate behavioral interventions in public school settings in California as well as Texas. As advanced as humanity has become, we can still be a savage species when it comes to children, particularly those with disabilities.

The thing about California’s laws relative to the minimum requirements under the federal regulations is that California’s laws are specific to serious behavior problems, interpreted by most school districts to mean violent behaviors, where the federal regulations only specifically mandate behavioral assessment when a student is at risk of expulsion for behaviors that may be related to his/her disability. In both cases, that leaves a lot of latitude for things to get way out of control before a school district takes action, particularly in school districts that are reactionary to student needs once they’ve reached crisis proportions rather than proactive in preventing these kinds of problems from arising in the first place.

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Involving Outside Agencies in the IEP Process

For all of you educators out there who are struggling with interagency collaboration issues, we’ve created this Slidecast for you to share with your colleagues employed by outside agencies. For all of you outside agency folks, please use this tool to help you participate appropriately in the IEP process.

View another webinar from KPS4Parents, Inc.

The Differences Between 504 Plans & IEPs

Click here to listen to the podcast version of this article.

KPS4Parents assists parents pursue a Free and Appropriate Public Education (“FAPE”) for children who need IEPs or 504 Plans. We help in both venues.

Most of the families we serve are involved in the special education process, which calls for an Individualized Education Plan (“IEP”), but we still have a few who are not eligible for an IEP but are eligible for a 504 Plan. Many parents and educators struggle to understand the difference between these two types of legally binding and enforceable documents, so today’s post/podcast is meant to explain how they are similar and how they are different.

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Overly Accommodating Parents

Pursuing remedy to special education violations is an emotionally draining task for any parent.  It’s easy for some parents to go on the warpath, leaving nothing but scorched earth after everything is said and done, and that’s a terrible way to try and solve a problem of any kind.  It’s an incredibly harmful approach to use in a situation involving children, handicapped or not. Continue reading

Podcast: Get Your Facts Straight When Filing Complaints

On September 20, 2009, we originally published “Get Your Facts Straight When Filing Complaints”. Throughout this school year, KPS4Parents is recording many of our past text-only articles as podcasts so that busy parents, educators, and interested taxpayers can download them and listen to them at their convenience.

As always, feel free to comment on our content. We appreciate the input of our readers and listeners to bring you the information you seek. You can either comment below or email us at info@kps4parents.org.

Click here to download the podcast “Get Your Facts Straight When Filing Complaints”.