Tag Archives: federal

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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Feds to Provide Technical Assistance to Ventura County HSA on Civil Rights Compliance

Complaint alleged discrimination on behalf of consumer with disabilities seeking services to overcome homelessness.

In late October 2013, I was assisting one of our adult students with disabilities with his matters involving Ventura County’s Human Services Agency (HSA). His disabilities arising from traumatic brain injury (TBI) had contributed to a 10-year spell of homelessness; it was necessary for us to help him overcome homelessness in order for him to go back to school and get trained in a vocation that would earn him a living.

This was beyond the scope of the work we usually do, plus it was a pro bono case. I only took this case on because I already knew the consumer, have been friends with his family for over 20 years, and was horrified by what I was hearing from them about their efforts to help him. I had no idea I’d end up having to file for fair hearings against every agency we turned to for services on multiple occasions just to access the basic floor of rights promised him under the law.

As bad as special education is, the Universe of adult services is even more screwed up. This is why we have people with mental illness living in the bushes under the freeway. They either have no idea where to begin to get help or are jerked around by the government when they try to get help and lack the skills to advocate effectively for themselves to see their situations resolved. This is exactly why my friend’s family was so thankful that I offered to see what I could do to help.

So, in October 2013, after a series of ridiculous encounters with HSA’s General Relief program staff, I filed a complaint with the United States Department of Health & Human Services, Office of Civil Rights (OCR), alleging violations of Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act (ADA). I’d had enough of the silliness and was so disgusted and offended by how our consumer was being treated by HSA that I did what I do: I wrote a letter to the authorities and narced.

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A Discussion of Tustin

The documents discussed in this video are:

The websites of the professional organizations discussed in this video are:

Federal Seclusion & Restraint Info

USDOE Offices in Washington, DCThe U.S. Department of Education (USDOE) has made information available regarding the use of seclusion and restraint in public school and public school-funded settings for the use of educators, policy makers, parents, and concerned citizens alike. Click here to see this content.

All of it is important for parents and educators of special education students. I’m going to summarize a few key points here because it is so important, but realize that the federal info linked to above is far more comprehensive and includes additional resources that educators and parents can use that I’m not duplicating here.

First, USDOE has identified 15 key principles that it believes schools and parents throughout the country should consider when it comes to seclusion and restraint. Those 15 key principles are as follows:

  1. Every effort should be made to prevent the need for the use of restraint and for the use of seclusion.
  2. Schools should never use mechanical restraints to restrict a child?s freedom of movement, and schools should never use a drug or medication to control behavior or restrict freedom of movement (except as authorized by a licensed physician or other qualified health professional).
  3. Physical restraint or seclusion should not be used except in situations where the child?s behavior poses imminent danger of serious physical harm to self or others and other interventions are ineffective and should be discontinued as soon as imminent danger?of serious physical harm to self or others has dissipated.
  4. Policies restricting the use of restraint and seclusion should apply to all children, not just children with disabilities.
  5. Any behavioral intervention must be consistent with the child?s rights to be treated with dignity and to be free from abuse.
  6. Restraint or seclusion should never be used as punishment or discipline (e.g., placing in seclusion for out-of-seat behavior), as a means of coercion or retaliation, or as a convenience.
  7. Restraint or seclusion should never be used in a manner that restricts a child?s breathing or harms the child.
  8. The use of restraint or seclusion, particularly when there is repeated use for an individual child, multiple uses within the same classroom, or multiple uses by the same individual, should trigger a review and, if appropriate, revision of strategies currently in place to address dangerous behavior; if positive behavioral strategies are not in place, staff should consider developing them.
  9. Behavioral strategies to address dangerous behavior that results in the use of restraint or seclusion should address the underlying cause or purpose of the dangerous behavior.
  10. Teachers and other personnel should be trained regularly on the appropriate use of effective alternatives to physical restraint and seclusion, such as positive behavioral interventions and supports and, only for cases involving imminent danger of serious physical harm, on the safe use of physical restraint and seclusion.
  11. Every instance in which restraint or seclusion is used should be carefully and continuously and visually monitored to ensure the appropriateness of its use and safety of the child, other children, teachers, and other personnel.
  12. Parents should be informed of the policies on restraint and seclusion at their child?s school or other educational setting, as well as applicable Federal, State, or local laws.
  13. Parents should be notified as soon as possible following each instance in which restraint or seclusion is used with their child.
  14. Policies regarding the use of restraint and seclusion should be reviewed regularly and updated as appropriate.
  15. Policies regarding the use of restraint and seclusion should provide that each incident involving the use of restraint or seclusion should be documented in writing and provide for the collection of specific data that would enable teachers, staff, and other personnel to understand and implement the preceding principles.

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The Parents’ “How-To”: Picking a Special Ed Lawyer

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


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On March 8, 2010, I wrote an article about a con man representing himself as Michael E. Robinson, Sr. Mr. Robinson represented himself to be, at times, a special education lay advocate, while at other times, claimed he was a special education attorney. Mr. Robinson also claims to have been a lobbyist, medical doctor, retired NASCAR driver, and an epileptic who has been given a wolf as a service animal.

Mr. Robinson is still actively engaging in his cons, according to the last information that KPS4Parents received from its sources. So parents need to continue to beware. He hasn’t been caught and prosecuted, yet, though he has been reported to the authorities. I thought about this article recently after reading an article in the Washington Post about a guy named Howard Deiner in Arlington, Virginia.

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US GAO Seclusions & Restraints Report

The United States Government Accountability Office (“GAO”) released its report Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers in May 2009. As Congress contemplates new federal legislation to contend with this societal atrocity, we thought it was pertinent to review GAO’s findings and remind ourselves why this is so important.

Examples of Case Studies GAO Examined:

Victim Information School Case Details
Male, 14, diagnosed with post traumatic stress Texas public school – 230 lb. teacher placed 129 lb. child face down on floor and lay on top of him because he did not stay seated in class, causing his death.- Death ruled a homicide but grand jury did not indict teacher. Teacher currently teaches in Virginia.
Female, 4, born with cerebral palsy and diagnosed as autistic West Virginia public school – Child suffered bruising and post traumatic stress disorder after teachers restrained her in a wooden chair with leather straps described as resembling a miniature electric chair for being uncooperative.-School board found liable for negligent training and supervision; teachers were found not liable, and one still works at the school.
Five victims, gender not disclosed, aged 6 and 7 Florida public school – Volunteer teacher’s aide, on probation for burglary and cocaine possession, gagged and duct-taped children for misbehaving.- No records that school did background check or trained aide.

– Aide pled guilty to false imprisonment and battery.

Male, 9, diagnosed with a learning disability New York public school – Parents allowed school to use time out room only as a last resort,  but school put child in room repeatedly for hours at a time for offenses such as whistling, slouching, and hand waving.- Mother reported that the room smelled of urine and child’s hands became blistered while trying to escape.- Jury awarded family $1,000 for each time child was put in the room.

Just to be clear, these are not isolated incidents. GAO tracked hundreds of cases for the purposes of its report, which you can read in full by clicking here.

Back during the 2002-2003 school year, when our founder, Nyanza Cook, was researching how to start a non-profit advocacy organization, she received a phone call one night from her family in Texas.  They knew that she was looking to start what has since become KPS4Parents and wanted to let her know of something that had happened in their local community near Ft. Hood. As much as she had her own motivations for starting our organization based on what her own household here in California had been put through, the story from her family back in Texas pretty much clenched it.

Her nephew, who was a special education student placed in a special day class at the time, was put on the phone with her, clearly distraught. She asked him what was going on and his reply was, “They killed him, Auntie!  They killed him!”

After speaking with him and other family members, this is what she got:  another special education student in her nephew’s class had become non-compliant that day and unable to focus on his school work. In an effort to compel him to stay on task and comply with adult directives, school site staff withheld food from him, refusing to let him go to lunch until he completed a task he’d been requested to complete.

Somewhere around 2pm, he decided he was hungry and was going to find food whether the adults in the room liked it or not.  When he attempted to leave the room, he was tackled to the ground by staff who piled on top of him.  According to Nyanza’s nephew, he gasped a few times that he couldn’t breathe and then fell silent.

When he stopped struggling, staff climbed off of him only to find him limp and lifeless.  He wasn’t breathing.  Staff ended up calling 911 and attempted to resuscitate him.  His classmates looked on in horror throughout the entire incident, including Nyanza’s nephew.

A friend of Nyanza’s family was an emergency room doctor at the hospital where this young man was transported.  He later reported to her that the school district’s lawyer got to the hospital just before or at the same time the ambulance did and did everything he could to try and convince the hospital to call time of death subsequent to the young man’s body’s arrival at the hospital when, in truth, he’d died on school grounds and emergency personnel had not been able to revive him.  Nyanza’s emergency room doctor friend was indignant that the lawyer had even dared to ask.

None of this made it into the local news.  Nyanza’s family didn’t know this young man’s family personally and before too long, the whole thing had been swept under the rug.  It’s unknown if the District settled with the boy’s family or what became of the teachers involved in the incident. However, after reading Case #2 of the GAO report (the first case cited in the table above), the similarities are uncannily eerie and I have to wonder if it isn’t the same case.

Nyanza’s nephew was terrified to go back to school for fear that he would be killed, too.  He was understandably traumatized.  That is an aspect of the harm done when seclusions and restraints are used in the school setting:  the emotional impact on the children who witness take-downs and adults physically manhandling other children.  That’s probably worth a study in and of itself.

What the GAO report makes clear is that this was hardly an isolated incident.  But, the taxpaying public does not finance the public education system so that it can kill children; the public education system is supposed to be educating children.

At the time of the May 2009 report, there were no federal laws regulating the use of seclusions and restraints in public or private schools.? There are no such federal laws today, though legislation has been proposed. State laws were at the time of the report, and still are, highly divergent.

GAO reported that almost all of the hundreds of cases of the use of seclusion and restraint in school settings that its research uncovered involved children with disabilities.  GAO found that there was no national effort to specifically collect data and track the use of seclusions and restraints in the school setting, requiring it to conduct exhaustive research in order to identify cases of such.  It wasn’t that the cases hadn’t been reported, but the way that data was collected by the involved agencies resulted in the seclusion and restraint cases getting mixed in with many other different types of cases, requiring GAO investigators to go through each case to individually identify which ones involved seclusions and restraints in the school setting.

When I first got involved in special education advocacy, I was working with families of children with dyslexia who weren’t receiving adequate reading instruction and kids with ADHD who needed IEP supports to help them with their organizational skills.  Never in my wildest dreams did I ever think I’d end up working cases of where:

  • An 8-year-old nonverbal boy with autism who loved to play “chase” would do what the adults around him mistook for elopement but was actually his way of initiating a “chase” game, only to be tackled to the ground by his principal on a gravel driveway in an effort to prevent the child from leaving the campus (which he wasn’t actually trying to do), resulting in significant bruising to they boy’s chest.
  • A 14-year-old mostly nonverbal boy with autism who became non-compliant with staff directives when his teacher unexpectedly left early for the day (which had not been part of his visual schedule and, thus, he’d been unable to predict), resulting in an unlawful restraint in which a large male staff member twisted the boy’s arm behind his back and broke it, causing nerve damage and requiring surgery to repair.
  • A 15-year-0ld boy with bipolar disorder and post-traumatic stress disorder (from having witnessed his father’s suicide) who was directed into a time-out room alone with his male ESY teacher (an aide on a 30-day emergency teaching credential), who then compelled the student  to perform oral sex upon him behind a locked door.
  • An 8-year-old boy with autism and mild mental retardation who received special education transportation services on a large bus filled mostly with emotionally disturbed children being transported to an ED program on the same campus where his learning handicapped class was located, only to be forced to regularly orally copulate a male ED peer in the back of the bus in the absence of a transportation aide and out of sight of the bus driver.

The latter case was peer-on-peer violence, but it was the lack of appropriate supervision that allowed it to happen. Passiveness on the part of adults can result in just as much harm as outright aggression.

The point is that children with disabilities are at a higher risk of being preyed upon and victimized by people who should know better or peers who themselves are not receiving adequate intervention. This continues in one form or another into adulthood where cognitively impaired adults are put up to committing crimes they don’t understand so that other people will “like them” or are taken advantage of by scam artists and are economically abused.  Women with mental disabilities can easily end up in the sex trade.

What is really scary is when a person with mental deficiencies is repeatedly exposed to violence and learns through experience to behave violently him- or herself.  Trying to unteach that learning when the person has reached adulthood after a lifetime of inappropriate, violent behavior, can only be achieved through very time-consuming, involved, and usually very costly, direct instruction.  The long-term consequences of seclusion and restraint are far-reaching and devastating.