disagreements in special education€¦ · weymouth public schools – bsea # 09-1335 - allowed a...
TRANSCRIPT
Disagreements in Special EducationSEPAC Presentation: Acton-Boxborough
!
2
Thank you for having me.
Welcome
Disagreements in Special EducationSEPAC Presentation: Acton-Boxborough
What you will see this evening
4
Introduction
1 2 3 4
Due Process Rights Working with the Team Responding to an IEP Independent Evaluations
5
Q & A
Due ProcessYour right to disagree
"
Under IDEA (20 U.S.C. 1400), and MGL c. 71B, due
process is a formal way to resolve disputes about
special education (services, placement, etc.)
It starts with a formal complaint, and ends with a
decision (or an agreement)
What is it?
6
Due ProcessYour right to disagree
Bureau of Special Education Appeals (BSEA) -
Hearing Officer
Appeal to Court - Judge
Who decides due process claims?
7
Due ProcessYour right to disagree
Hearing officers and judges interpret the law -
reading the law alone is not enough to fully
understand your rights and the special education
process
Read case law to better understand your rights, and
potential outcomes when there is a disagreement
Why does it matter for everyone?
8
Due ProcessYour right to disagree
9
• Learn about your district
• Learn about an independent evaluator
• Find a similar set of facts
www.specialedlaw.com
Due ProcessYour right to disagree
10
Question What other options are there for resolving
disagreements, and what are the strengths and
weaknesses of each option?
Due ProcessYour right to disagree
Program Quality Assurance (DESE) for procedural
violations (missed timelines, etc.)
Mediation
Facilitated Team Meetings
SpedEx (?)
Other options
11
Due ProcessYour right to disagree
Working with the TeamNegotiation strategies
#
1. Separate the issues from the people, and assume
that staff wants to help
2. Stay polite, respectful, but firm - easier said than done
3. Understand the bigger picture (budget and
resources, hierarchy, etc.)
Negotiation
Negotiation strategies
13
Working with the Team
4. Make sure that the district understands your
position - consider drafting a short opening
statement:
a) describe your child’s needs and disability
b) brief history
c) current issues (separating the people from
the issues)
d) clear “ask” and risks if changes aren’t provided
Negotiation
14
Working with the TeamNegotiation strategies
5. Know when to agree to disagree, and to move
forward in the process
6. Understand your rights
Cite the law at meetings? Sparingly.
Negotiation
15
Negotiation strategiesWorking with the Team
16
Independent Evaluations
Question What does effective progress mean, and does a
student’s potential matter?
What you need to know
Documented Growth according to:
1) Age
2) Developmental Expectations
3) Individual Potential
4) Learning standards in MA framework and district
curriculum 603 CMR 28.02
Effective Progress
17
The Team
18
Autism IEP Act (DESE Advisory):
“…Team shall consider and shall specifically address the following: the
verbal and nonverbal communication needs of the child; the need to
develop social interaction skills and proficiencies; the needs resulting
from the child's unusual responses to sensory experiences; the needs
resulting from resistance to environmental change or change in daily routines; the needs resulting from engagement in repetitive activities
and stereotyped movements; the need for any positive behavioral interventions, strategies, and supports to address any behavioral
difficulties resulting from autism spectrum disorder; and other needs
resulting from the child's disability that impact progress in the general
curriculum, including social and emotional development.”
Students with ASD
Working with the TeamNegotiation strategies
IEP is designed as a “package” and “must target all
of a child’s special needs, whether they be academic,
physical, emotional, or social…”
Student v. Acton, BSEA # 14-05736 - hearing officer
found that school district’s program denied FAPE
when IEP met academic but not social/emotional
needs.
Academic, Social, Emotional…
19
Working with the TeamNegotiation strategies
When a student is 14:
1. Schools must complete age appropriate transition
assessments, and
2. Team must create appropriate measurable
postsecondary goals…related to training,
education, employment, and, where appropriate,
independent living skills. (20 USC § 1414 (d)(1)(A)(i)(VIII). See also 34 CFR
§300.320(b), MGL c 71B § 2.) (Dracut PS BSEA # - 08-5330)
Transition
20
Working with the TeamNegotiation strategies
7. Ensure that the disagreement is in writing - reject the IEP in part
8. Rely on Independent Educational Evaluations early in the process
Summary of important terms
21
Introduction
Negotiation
Responding to an IEPIn 3 Steps
$
1. Accept
2. Reject
3. Partial Rejection
Can revoke signature and instead reject or reject in
part at any time (34 C.F.R. §300.9(c); 603 CMR
28.07(1)(a)(2).
Three options
In 3 Steps
23
Responding to an IEP
1. Statement
2. Concerns
3. Omissions
Partial Rejection - 3 Steps
24
Responding to an IEPIn 3 Steps
I accept all of the services offered, but reject the
IEP to the extent that my child needs services and
supports beyond those proposed to make effective
progress.
Partial Rejection - Statement
25
Responding to an IEPIn 3 Steps
I am very concerned about my son/daughter
because…
He cries when he returns home from school
His grades are declining and he failed MCAS
She has no friends and plays videogames by herself
all night
Partial Rejection - Concerns
26
Responding to an IEPIn 3 Steps
I reject the omission of…
An embedded social skills curriculum
A 1:1 paraprofessional
A full-year, full-day ABA program
…as recommended by Dr. X.
Partial Rejection - Omissions
27
Responding to an IEPIn 3 Steps
1. Length - short paragraphs, bullets, concise
2. Focus on the big picture: “An IEP is designed to
be a functional blueprint for addressing a
student's special education needs, not an
encyclopedia.” - In re: Rick and Foxborough
Public Schools (BSEA #11-6535)
Partial Rejection - Mistakes to Avoid
28
Responding to an IEPIn 3 Steps
29
Question What about “stay-put”?
In 3 steps Responding to an IEP
During a dispute regarding placement or services,
student remains in last agreed-upon program and
placement, unless parents or district agree
otherwise. (20 U.S.C. §1415(j), 34 C.F.R. §300.518,
603 CMR 28.08(7))
“I am exercising my right to stay-put to these
services and understand that the services will
continue.”
Stay-put
30
Responding to an IEPIn 3 Steps
Independent EvaluationsWhat you need to know
%
• Parents can pay privately for IEE at any time • Team must consider IEEs • Under state law, parents can request an IEE
at district expense if income eligible • Under federal law, parents can request an
IEE if district evaluations are not
comprehensive • District can pay or file for hearing within
5 days.
Summary
32
Independent EvaluationsWhat you need to know
• Observe: Hearing officers have given little or no
weight to testimony and reports of evaluators who
have not observed (Amherst-Pelham, BSEA #
07-2259 and # 07-3796; North Adams and Chloe,
BSEA # 06-4948)
• Speak to staff: Evaluators should bend over
backward and document communications with
district (Norwood Public Schools – BSEA #
11-5444)
What evaluators should do
33
Independent EvaluationsWhat you need to know
• Testify: Hearing officers give little or no weight to
evaluators who do not testify (Pentucket Regional
School District – BSEA # 11-5530)
• Review Records (all records, even those that don’t
support your position)
What evaluators should do
34
Independent EvaluationsWhat you need to know
Observation Law passed in 2008, instructing districts
to allow parents and evaluators access to observe.
Weymouth Public Schools – BSEA # 09-1335 -
allowed a parent’s request to observe for 13 hours
over four days.
School District must allow evaluators to speak with
staff (Northbridge Public Schools, BSEA # 09-2533)
Observations
35
Independent EvaluationsWhat you need to know
• When possible, parents should work with
independent evaluators early in the process
(Boston Public Schools, BSEA # 09-0294).
• Use it at a Team meeting or lose it at a hearing (In
Re: Richmond Consolidated School District
(“RCS”) – BSEA # 14-10881).
Timing
36
Independent EvaluationsWhat you need to know
37
Independent Evaluations
Question Should the rule of thumb be “go big or go home” -
does an evaluator truly need to do all of these
things?
What you need to know
• Rely on referrals from an attorney, advocate, or advocacy organization
• Ask an evaluator if s/he will testify at the BSEA, if necessary
• Provide an evaluator with all relevant school records, even those that don’t support your position
• Consider an observation and ask an evaluator to gather direct input from school staff - follow-up questions by phone or e-mail
What you need to know
38
Independent Evaluations
IEE Tips
39
Independent Evaluations
Question What should I do if I have outside testing and
reports, and the school just disagrees?
What you need to know
• First, try to determine the source of the
disagreement
•Is the evaluation sound (did the evaluator use the
right assessment tools, did the evaluator observe,
talk to staff, etc.)?
• Does the Team understand the evaluation, and
should the evaluator attend a Team meeting or
speak with school staff?
• Then, consider appealing the Team decision
District Disagrees with IEE
40
Independent EvaluationsWhat you need to know
CONTACT&
43
Contact
42 Davis Road
Suites 3 & 4
Acton, MA 01720
www.perlmanlegal.com
(978) 274-7101 twitter.com/spedlawyer
facebook.com/specialedlawyer
'
(
)
* +
Thank you for having me. Questions?
,