Tag Archives: law

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.

 

Create Your Own Tactile Schedule

Anne M. Zachry, M.A.

I have the opportunity to work directly with an adult special education student as part of his compensatory education program, which I am designing, implementing, and supervising. It’s an opportunity to try my own ideas based on the available assessment data and see how they work. This student has autism and vision impairment, so the tools that typically would be used to teach in light of his autism do not always work in light of his vision loss.

One of the most common teaching tools used with students who experience any number of developmental disorders is the visual schedule.  Visual schedules are used to take individual students or groups of students through a routine that is expected to play out over time in a specific order of events.  It can be a daily schedule, a weekly schedule, or an activity-specific schedule.

Tactile schedule for throwing a dinner party.

Visual schedules are also good for illustrating the steps in a task analysis. A task analysis is a process in which the individual steps of a task are broken down and taught in sequence. It is a method developed by and frequently used in Applied Behavioral Analysis (ABA).

A task analysis really has to be tailored to the ability of the individual who needs to understand it. I was creating a task analysis of the steps to throwing a dinner party. Throwing a dinner party was the best way for me to tie all of my student’s functional academic goals into a single activity. That way, I could concurrently instruct towards his goal throughout a given session.

I couldn’t put too many steps in the tactile schedule or it would be too much for my student to process at once and would incline him to develop more rigid rules about the activity than appropriate, but I could order the general tasks that had to be performed in sequence. Due to his autism, my student has a tendency to become ritualized to activities that are done the exact same way every time.

So, for example, we couldn’t cook spaghetti every time we met or he’d never generalize the cooking concepts to other foods. Therefore, the schedule, which is pictured here, simply says, “Cook food,” rather than specify which foods are to be cooked.

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Confronting “Alternative Facts” in Special Education

Recent events at the national level have exposed the mainstream public to the over-the-top misrepresentations that some public servants make. I’ve been witnessing the unbelievable spin jobs carried out by such individuals within the public education system for over 25 years, so none of this is new to me.

In truth, I’m glad the rest of the American public finally now understands what I’ve been dealing with this whole time. It used to be that when I’d explain what I do for a living and the behaviors I’d encounter on the part of some public education agency personnel and their contractors, people would think I was melodramatically making it all up. Honestly, as creative as I may be, I couldn’t make up stuff like that if I wanted to; no sane person’s imagination is that rich. Now, I can point to the White House saying, “It’s like that,” and people finally get it.

What the current administration has done for us is provide us with a new vocabulary used by its staffs who are utterly divorced from the truth, and that language helps us navigate their communicative intent. It’s language that they, themselves, have most usefully described as “alternative facts.” For the purpose of this post and future posts in which references to “alternative facts” are made, I am operationally defining “alternative facts” as untruths that are preferred by their speakers to the truth.

The pervasiveness of “alternative facts” in special education is so widespread and diverse that no single post could possibly capture our analyses thus far of their use. Because these governmental abuses of authority are woven so deeply into the fabric of public education, including special education, it is worthy of significant discourse.

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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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Science-Based Decision-Making in Special Ed

Last month, I wrote an article for Special Education Advisor, a blog operated by some folks located in Chatsworth, CA who are?dedicated to helping parents of children with special needs. You can see the article by clicking here.

The title of the article is “Tying the Science of Special Education to the Law.” Both science and law are fact-based disciplines (or are supposed to be), so this is a big issue for KPS4Parents, these days.?I’m not going to repeat the whole thing here. You can link to it to see what I wrote.

The point is that there is a huge disconnect between the science of special education and the law of special education. As KPS4Parents approaches its 10th year of operation, we are looking at how best to focus our efforts based on what we’ve learned so far and this seems to be the critical nexus where our attention should be focused.

Somebody scientific informed the development of the IDEA. Congress couldn’t have come up with language like “measurable annual goals” and “present levels of performance” without someone who understands the science of it all chipping in.

One of the issues we’re looking to combat on a systemic level is the watering down of the term “measurable” by the public education system. There is only one definition of “measurable” and it doesn’t include ballpark estimations framed as percentages of accuracy. Real percentages are calculated from measurable data. IEPs are required to be reasonably calculated to render meaningful educational benefit, which, again, means using reliable empiricism.

School districts try to argue that they are not bound by the same degree of rigor as scientific research, but the term “measurable” comes from the use of empirical methods ??la science. Hello!!!!!

It has always killed me that our public schools expect 3rd graders to produce science fair exhibits that include a hypothesis, methods (including for measurement), and results in a manner consistent with scientific method but the same school districts that teach this will do everything they can to exempt themselves from the same standards of accuracy when it comes to their duties to educate children with disabilities. Why specialists with advanced degrees think they are?held to a lower standard of technical accuracy than the average 3rd grader is beyond me.

In any event, this is going to be something to which I’ll be devoting a lot of attention. I’ll be doing a lot of research and posting my findings as I go along. I may also be assisting in the development of a legal treatise on the subject, which could be constructive in preventing and resolving special education legal disputes in which measurability is at issue.

If you have any background knowledge on how the scientific terminology of the IDEA ended up in the regulations, please share! You can post your feedback below.

Addison v. Compton & the Notion of Educational Malpractice

Compton & Surrounding Area

Compton, CA & surrounding area - Eric Fischer demographic map

This past April, DisabilityScoop.com published an article about “educational malpractice” claims becoming potentially viable depending on the outcome of a case that has now worked its way up to the US Supreme Court, Addison v. Compton Unified School District.

I’m not going to go into the blow-by-blow details of the case. You can get all of that on the Wrightslaw web site, including PDFs of the filing documents and prior decisions.

What I will go into are the many reasons why I think Compton Unified’s decision to take this issue to Supreme Court is insane.


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