Tag Archives: compliance

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”.

Writing Measurable Annual Goals – Part 1

In our last posting, we talked about present levels of performance. If you haven’t read that yet, read it first before reading today’s posting because you have to understand present levels before you can understand goals. More to the point, you have to understand what a child’s present levels of performance are before you can start even thinking about writing goals.

As stated before, your present levels of performance are your stepping-off points. If an IEP were a race, your present levels would be the starting line and the annual goals would tell you where the finish line is. The annual goals of an IEP describe your desired outcomes- what it is the IEP team believes a child is capable of learning over the course of a year.

Goals are written every year but assessment is only required once every three years. This means that unless additional assessment is done in between triennial assessments, you’re only going to have fresh baseline data from standardized assessments once every three years. The other two years, you’re going to have to pull your present levels from informal assessments and the child’s progress towards the prior year’s IEP’s goals. I’m going to start out with the very beginning of the process, when a child gets an IEP for the first time and move forward from there.

Beginning with the initial assessment data, the IEP team has a fresh body of data to work with that, if the assessment was done properly, tells you pretty much everything that’s going on with a particular child. It will identify the child’s relative strengths and weaknesses, including the areas of deficit that need to be tackled by the IEP. The goals should tackle the areas of deficit for sure.

Some challenges a student faces may not warrant specialized instruction so much as they may simply require accommodation. For example, a child with a circadian rhythm disorder may receive as an accommodation an alternative schedule to the regular school day. That by itself has no bearing on the content of the child’s instruction. The curriculum doesn’t change on the basis of the child’s disrupted sleep/wake cycle. But,when instruction is provided is changed on that basis.

If the same child also happens to be severely autistic, then you’re looking at the content of the instructional component and not just when it’s being offered. Goals address what it is that you’re trying to teach the child. Accommodations help you get around obstacles that would otherwise interfere with pursuit of the goals.

For example, let’s say you have a 5th grade student with average to above-average intelligence who has an auditory processing disorder, a visual processing disorder, ADHD, and a physical anomaly of his hands – he’s missing the distal interphalangeal joints (top knuckles) of his index and middle fingers on both hands. Let’s say that this child also has a history of behavioral challenges in the classroom.

Comprehensive assessment reveals that the student has problems with visual tracking and saccadic eye movements This means that as he reads, his eyes do not smoothly jump from word to word. He has to visually re-orient every time he leaves one word and tries to fixate on the next. This also impacts his writing as he tracks what he’s trying to put down on paper.

However, his writing is further compounded by the physical anomaly of his hands. So, as he’s trying to watch his words go down on paper, his whole arm starts to hurt because he can’t do the fine finger manipulations necessary to achieve letter formation. He’s got to move his whole arm and upper body.

However, yet again, these combined processes are even further compounded by the fact that the child has an auditory processing disorder. Reading is an auditory process until the reader has memorized enough words on sight, thereby building a huge sight-word vocabulary. Children still learning to read or with relatively low reading skills will still have to think about how a relatively complex word sounds when they write it.

All of us do that to a point. We all can throw down “the” and “is” without any thought, but “sphygmomanometer” is another issue. Even after all these years following my 11th grade vocabulary class, I have to sound that one out.

So, imagine this child trying to receptively read the questions on a worksheet while his eyes are jumping everywhere but where he needs to look and process what the visual symbols sound like (which is an unnatural act in the first place) when he has a hard time processing sounds. It’s a gamble as to how much of what he read he’ll comprehend accurately.

Then have him write something about what he just read while trying to formulate his output based on the sounds of language in his head, which he has to translate into visual symbols that he writes backwards and upside-down because that’s how he saw them, while also trying to move his fingers, hand, wrist, and arm in a way that will produce legible handwriting.

Add in the distractibility, impulsivity, and inattentiveness inherent in ADHD, and then ask yourself why this child engages in behavioral outbursts every time he’s given a paper-pencil task. He’s attempting to avoid a tortuous experience. He’d rather get in trouble and get sent to the office than be put through that hell.

The goals you write for a child with needs like this are multifaceted. The problem a parent can face with a child with these kinds of needs is that you run up against a bias on the basis that he’s actually a pretty smart kid and?it may be?easier for the adults at school conclude that he’s just a poorly behaved little monster and nothing more. None of his multiple disabilities by themselves are all that severe. But, when you put them all together,?they create a recipe for disaster.

A child with these kinds of issues needs therapeutic intervention to address the underlying foundational skills that support academics. His goals need to include visual tracking, cross-Corpus Callosum communication of data presented through the auditory array, and exercises to build strength in his arm to withstand the additional work the arm has to do to support handwriting (taking into account that accommodations will also be provided to eliminate handwriting where it’s not necessary to the mastery of the curriculum). He also needs goals in reading, written expression, math (particularly for lining up problems properly so that calculations are accurate), keyboarding, organizational skills, self-advocacy, and behavior.

Because services are only provided to support IEP goals, it is imperative that all areas where services may be needed are discussed in terms of whether or not a student needs goals in those areas. If you’re thinking the student might need speech-language services, then you have to ask “What deficits does the child have in speech-language? What skills need to be taught in order to eliminate or reduce those deficits?” The answer to the second question gives you your material for your goals. If you can’t think of a skill in a particular domain that needs to be taught, then there isn’t a goal to propose. If there’s no goal to propose, there’s no service in that domain to provide.

Better yet, don’t go in thinking about what services a child needs. Figure out the goals first and then figure out what services are going to be necessary to see the goals met. That’s the proper format, anyway.

My point here is that not all goals are going to be rooted in academia and it’s not esoteric to write goals that tackle things like cross-Corpus Callosum communications. The brain is divided into two hemispheres?- the left and right. The two hemispheres are joined together by a neurological bridge of sorts called the Corpus Callosum. When both sides of the brain are involved in processing, the data between the two sides travels back and forth across the Corpus Callosum. This is also referred to as interhemispheric communications or interhemispheric processing.

If a child struggles with tasks that require cross-Corpus Callosum communications between the two hemispheres of the brain, as is often the case with auditory processing, then exercises that cause the brain to practice that kind of neurological activity are therapeutically warranted. This can include having the child bounce on a personal exercise-style trampoline while alternating between hands throwing balls up in the air and catching them. The child could also use a program such as Earobics, Fast Forword?, or Interactive Metronome.

But, if any programs are used, such as those mentioned above, goals need to be written describing what the desired outcome is for the use of each program. The goals will need to target the deficit areas for which the program is being provided based on the baselines that were measured during assessment.

Once you get a solid IEP written with sound, measurable goals, then it’s just a matter of providing the services that will see the goals met and collecting sufficient data along the way to measure how much progress the child is making. Once the year is up and it’s time to write a new IEP, the child’s present levels should be known in terms of the progress made towards the goals worked on for the last year. If you had a sufficient body of goals in all areas of unique educational need that were well-written and generated empirical data that tells you exactly where the child stands versus where he was a year ago, you’re in pretty good shape for writing the IEP for the year coming up.

If the child has made so much progress that it’s time to tackle a whole new skill set that’s the next level up from the goals he just finished, you may need to collect new baseline data in the area of the next skill set. When you’re scaffolding up from foundational skills such as letter-sound recognition, for example, to putting series of letters together to form sounds that are parts of words, you’re really jumping from one type of mental processing to another.

It is one thing to figure out the respective sounds made by “T” and “P” but it’s another thing to stick a vowel in there, string them all together, and come up with top, tip, and tap. Heaven help you when someone throws in an “S” or an “R” and you’ve got to do consonant blends like stop and trap. Because these next-level steps call upon the brain to do something more complex than what it did before, you’ve got to figure out exactly how well the brain can handle that kind of processing before embarking upon a goal so you know how much complexity is reasonable to expect at the end of a year’s worth of work.

Our next posting will actually focus on measurability, specifically. We already talked about this quite a bit when we covered Present Levels of Performance. In our next posting, though, we’ll focus on the formatting of properly written goals and share some resources with you for goal writing.


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