edld 5344 school law

EDLD 5344 School Law Holly Dornak

2009 Lamar University of 7

Week 1: Analyzing IEP Policies

Overview

Special education law is a daunting subject for most educators. Many teachers are concerned about how special education provisions in the Individuals with Disabilities Education Improvement Act of 2004 and No Child Left Behind affect their teaching. Understanding these laws and how they affect special education evaluation and accommodation is key for today’s school leaders. In this assignment, you will review current literature on special education and evaluate how your school currently develops Individualized Education Programs for students with special educational needs. (Remember, your goal is not to gather information on special education students; it is to familiarize yourself with the special education policies and processes that are currently in place in your school.)



Rubric

Use this rubric to guide your work.

Week 1: Analyzing IEP Policies

Accomplished Proficient Needs

Improvement Unacceptable

Part 1: KWL Charts

Completes three KWL Charts in detail (4 points)

Completes three KWL Charts (3 points)

Completes two KWL Charts (2 points)

Completes one KWL Chart or does not complete any (0 points)

Part 2: Analysis of Current State

Completes all 5 responses using a minimum of 1 paragraph for each (5 points)

Completes all 5 responses; not all responses are a paragraph in length (4 points)

Completes less than 5 responses (3 points)

Does not complete any responses (0 points)

Mechanics

No or few errors in grammar, spelling, or punctuation. (1 point)

Responses lack clarity and depth and/or have multiple errors in grammar, spelling, or punctuation. (0 points)



Part 1: KWL Charts

Fill out all three KWL charts. Use the following statements to guide your entries for each topic listed at the top of the chart:

What I know about topics related to special education.

What I want to know about special education to better serve students and teachers.

What I learned from these articles that will help me in my educational setting.

Special Education Eligibility and Evaluation

What I Know What I Want to Know What I Learned

At my former school, Dickinson Elementary, students who were struggling, but not identified as “504” or “Special Education” students first went through an SSC committee meeting. Basically this meant that the counselor, teacher, and parent would work together to take a look at what exactly was happening, and any basic things that might be standing in the way of academic success, or student growth. If it was determined that after a given duration (usually 6 weeks) the student still remained unsuccessful despite the SSC’s best efforts, then it is likely that the student will undergo further testing, as provided by the school’s diagnostician. Once the diagnostician completed and analyzed their findings, they would provide a report to the members of the ARD committee. This committee was usually made up of the student’s teacher(s), principal/assistant principal, parent/guardian, and any special education staff involved in testing the student. This committee would examine the results of the testing, as well as the student’s test scores, behavior and grades and devise a list

I’d like to know more about what the diagnostician does in order to determine whether or not there is a discrepancy between a student’s ability and their achievement. While I don’t envy our diagnosticians job, I am interested in the testing that they perform as well as the analysis of that testing data. I also would like to see all the forms that a parent is given. Sometimes parents seem as though they haven’t received adequate information about the process. I want to know if that’s because we are not communicating adequately with them, or if rather, they are not reading/understanding what is being given to them.

In order to comply with IDEA and FAPE, a Full Individual Evaluation is available for any student 0-21 years of age living within the boundaries of my district. Students identified as having special needs are re-evaluated every 3 years (at a minimum) and the testing results as well as any adjustments in the students IEP plan and goals are discussed by the ARD committee. In order to ensure that no student is discriminated against, a comprehensive portfolio of testing data is compiled before the ARD finalizes a student’s IEP goals and accommodations/ modifications. No one test results are valued over that of another. Tests are administered in order to determine educational need, rather than simply the student’s intelligence quotient. If parents disagree with the Full Individual Evaluation provided by the district, they can request an Independent Individual Evaluation as a “second opinion” at the district’s expense, if all appropriate procedures have been followed.



of appropriate accommodations and modifications to best meet the needs of the student.

IEP Components


The paperwork that comprises the IEP is lengthy. When I was teaching, I was mostly concerned with the page(s) on the student’s IEP listing the accommodations and modifications the staff were to provide for the student. I was also concerned about knowing which form of TAKS the student would be taking. I know that there are some parts of the student’s IEP which inform the parent/guardian of their rights and the procedures which must be followed. At Dickinson we were required to document that we were following the student’s IEP by checking off and “dating” which accommodations were provided on which day.

Start to finish, I would really like to examine all the paperwork that comprises an IEP. In the past, I’ve principally been interested in the sections of the paperwork that impact my classroom, but in order to have a full understanding of what the student is entitled to, I should really review ALL the paper work.

Each IEP is comprised, not only of accommodations and modifications, but of measureable annual goals that the student is expected to achieve. IEP’s are revised annually, or upon the request of parent, staff, or adult students. IEP’s may include a Behavior Intervention Plan (BIP), and determine the setting deemed most appropriate for student learning. IEPs may indicate the need for assistive technology and set forth expectations for student participation in statewide testing. For students birth to two years of age an Individual Family Service Plan (IFSP) is developed and addresses the same functions as an IEP.



Implementing the IEP


At Dickinson we were required to document that we were following the student’s IEP by checking off and “dating” which accommodations were provided on which day. In an ideal world, it would be a simple matter to provide accommodations/modifications, and document them. We, however, are forced to live in a real world. A world in which teachers have thousands of things to do each day. Teachers who do not come up with a strict code of procedures for themselves as soon as the IEP is in effect, struggle to adequately record that each of the accommodations/ modifications written in each student’s IEP are being followed.

I want to know what procedures should be followed if parents deny services. As a teacher or administrator who feels it may be in the child’s best interest to receive certain services, I want to know what to do in the case where school staff and the student’s parents disagree. What are the procedures that are to be followed in cases such as these?

If a student who has been identified as having special needs is removed from their normal educational setting because of behavioral concerns for more than 10 days, and ARD committee must be convened. The ARD committee must determine whether or not the behavior was a manifestation of the student’s disability. If it is determined that the behavior was a manifestation of the student’s disability, a behavioral assessment must be conducted and a Behavior Intervention Program must be added to the student’s IEP.



Part 2: Analysis of Current State

The second part of your assignment requires you to seek information from your school’s special education coordinator or a teacher familiar with the IEP process. Begin by printing out your state’s IEP document, which is located in the Resource section of this course. Use this form to develop questions about the procedures your school uses in identifying, evaluating, and accommodating special education students. Then, answer the following questions after contacting staff members at your school who are knowledgeable in special education.

Each response needs to be a minimum of one paragraph. Type your responses in the expandable boxes below.

Response #1

How do school staff members feel about the IEP process as a whole? Is it stressful? Do they feel it represents a true collaboration between parents and staff members to best serve students?

Yes, staff members feel that the IEP process helps to identify students with special needs, and provide for the student’s special learning challenges. Yes, at Dickinson Elementary, staff members feel the IEP process provides for adequate collaboration between parents and staff members, but at other schools this is not always the case. The IEP and ARD committee meetings, by themselves are not typically enough collaboration to provide for student success…however before, during, and after ARD committee meetings, teachers, parents and the administrators at our school are setting the stage for collaboration, and following through with the increased communication – so as to provide support for student success. Yes, the IEP process can be stressful for parents who are worried about their child and may be unfamiliar with the process. Yes, the IEP process can be stressful for teachers and administrators who not only provide accommodations/modifications for many students with special needs, but who must provide documentation of those accommodations and modifications. Excessive paperwork can be stressful, but as they say… “What gets monitored gets done.”

Response #2

Which aspect of the IEP process most confuses or discourages team members?

The documentation that the IEP is being followed is often the part that many teachers struggle with. Most teachers went into education in order to have a positive impact on their students. Thus, it follows, that most teachers are willing and eager to provide accommodations/modifications for the benefit of those students. The time consuming nature of completing additional paperwork after the stress of any normal school day is most certainly a source of frustration for teachers who are already pressed for time.

Additionally, teachers, parents and students alike sometimes struggle with the timeline of the IEP. Often it takes a month or more before the ARD committee meeting is held, and then another month or so before testing data is available from the diagnostician. This can be a highly discouraging time for all involved.

Response #3

How does your school/district determine whether students are eligible for special education?



Before receiving a Full Individual Evaluation (FIE), each student is first referred to a SSC (Student Success Committee) who insures that basic factors effecting academic success are first in place (hearing screening & accommodations, vision screening & modifications, etc.) After it has been demonstrated that the student’s academic progress is not adequate despite the interventions provided by the SSC, the student is then provided a FIE by district personnel. Within 30 days an ARD committee is then convened to discuss the FIE results and set IEP goals and accommodations, if deemed necessary by the ARD committee.

Response #4

What do IEP team members say can be done to better improve the process?

Most IEP team members say that with additionally personnel, the IEP process would move faster and accommodations would be easier to both provide and document. Additional personnel, however, come at great cost to the district, and so are not often feasible answers.

One thing that has been done at Dickinson to avoid costly mistakes on IEP documents is the digitization of these documents, and more importantly, the use of a projector to project the documents onto a screen for everyone on the IEP team to see. Because the documents are projected on the screen, several sets of eyes can be checking for mistakes in real time. Prior to the use of a projector during ARD committee meetings, many team members would skim over the paperwork before signing it, assuming the forms were a perfect representation of the accommodations/modifications discussed during the ARD meeting. Mistakes were made routinely which at best, caused the ARD members to reconvene, and at worst, had a negative impact on student success.

Response #5

Are students’ IEPs effectively implemented at your school? What can be done to improve implementation?

Yes, student’s IEP’s are effectively implemented at Dickinson Elementary. This may not always have been the case. Since I’ve been at Dickinson, procedures for providing and documenting accommodations/modifications have been strengthened. Instructional Aides are held accountable for documenting the time they spend with students and what was worked on. Resource teachers have moved to an inclusion model. Classroom teachers now have strict guidelines that help them both provide and document accommodations/modifications both in their lesson plans and in student’s IEP folders. “Dolphin time” (30 minutes each morning) has provided a wonderful way for many students to receive “pull out” services without missing instructional time. As always, we are constantly searching for ways to improve. From a teacher standpoint, time would be an improvement. The more time a teacher has to plan, implement, and document student accommodations, the more students benefits, and the less stress teachers are under.


2009 Lamar University Page 1 of 5

Week 2: IEP Development

Overview

For the next three weeks’ assignment, you will work with Joseph, a fictional middle school student enrolled at your school who requires an Individualized Education Program. Over the coming weeks, you will need to develop an IEP, monitor how his program is implemented in the classroom, and use your knowledge of student rights and school management to make sound decisions when he engages in behavior that calls for disciplinary action.

To begin, in this assignment you will develop a remediation for Joseph. To complete the assignment, you must familiarize yourself with both statewide special education policies and those in place at your district and school. The assignment also requires you to use knowledge gained from your lectures and readings and from communication with leaders at your school, including your principal, special education coordinator, and classroom teachers. You are expected to cite the relevant law and/or policy that you use to formulate your answers.



Rubric





Identification

Correctly identifies all (4 – 5) members of an ARD committee and their roles in IEP development (3 points)

Identifies some (2 – 3) members of an ARD committee and their roles in IEP development (2 points)

Identifies 1 -2 members of an ARD committee and accurately describe their roles in IEP development (1 point)

Does not identify any members of an ARD committee or describe their roles in IEP development (0 points)

Steps

Details the steps taken to determine special education eligibility (3 points)

Generally outlines the steps taken to determine special education eligibility (2 points)

Vaguely outlines the process of determining special education eligibility (1 point)

Does not outline the process of determining special education eligibility (0 points)

Components

Details 4 – 5 components of a student’s IEP, including classroom accommodations and support and assessment accommodations (3 points)

Identifies and explains some (2 – 3) components of a student’s IEP (2 points)

Identifies and explains few (1 – 2) components of a student’s IEP (1 point)

Does not identify or explain the components of a student’s IEP (0 points)

Mechanics (1 point)






Directions

Use information from your lectures and readings, as well as information you gathered for your Week 1 Assignment, to walk your staff through meeting process for Joseph, a fictional student, in the workspace below.

A new seventh grade student, Joseph, has enrolled in your school after having qualified for special education in his former school district. His disability falls under the IDEA category known as “emotional disturbance.” While he has always been educated in “regular” classrooms, he is prone to brief, disruptive outbursts in class and has had trouble getting along with his teachers and classmates. He also has difficulty paying attention in class and does not sit still during tests and quizzes, often distracting his classmates while they are also taking their tests.

At the beginning of the school year, an ARD committee convenes and begins the process of evaluating Joseph for special education services.

Workspace

Describe the members of Joseph’s ARD committee and their roles in the development of his IEP.

According to LCISD District policy, ARD members may include the campus administrator, appraisal representative, special and regular education teachers, parent, student, and specialists required by the nature of the referral/ARD. Other members may be invited at the discretion of the school, parent, or student. All members of the ARD Committee shall have the opportunity to participate in a collaborative manner in developing the IEP and will mutually agree upon the required elements of the IEP.

ARD Members and their Responsibilities Administrator - represents school administration, facilitates the meeting and ensures that all pertinent issues are addressed so that and appropriate IEP can be written by the ARD committee. The administrator ensures all reasonable options are considered and that parents/guardians participate in the decision making process. Additionally, administrators are obligated to ensure that the rights of the student and parent are protected. Should disagreement occur, it is the administrator’s responsibility to facilitate discussion so that consensus can be reached.

General & Special Education Teacher(s) – represent instruction. Teachers collaborate during the ARD to develop appropriate goals and objectives.

Evaluation Personnel (Assessment Staff, Psychologist, Speech Therapist) – represent the individual assessment completed on the student and have a vast knowledge of the program options available. The appraisal representative will present the results of any assessment they have administered to the student and provide recommendations regarding the diagnosis and eligibility of the student for special education programs as well collaborate to develop appropriate IEP goals and objectives.

Parent/Guardian – represent the interests of students aged 18 and younger, or those judged by a court of law to be incompetent to manage personal affairs.

Student – students aged 18 years and older are invited to attend their ARD. Per district policy, students in grades 7-12 are encouraged to attend all ARD meetings being held on their behalf. When in attendance, students participate in the placement decisions and contribute to the development of appropriate IEP goals and objectives.



Others – Other members of ARD committee may include: Vocational/Career & Technology Education Instructors, LPAC members, professionals certified in the areas of deafness or visual impairment, and other professionals certified and licensed in an area of assessed need. Others may also be present to participate at the discretion of the school district, parent, or student. These may include program supervisors, parent advocates, behavior technicians, in-home trainers, representatives from outside agencies, or legal representation.

How will Joseph’s current academic and behavioral levels best be determined?

Joseph’s current academic and behavior levels will be determined through a Full Individualized Evaluation (FIE.) The FIE (administered by the school diagnostician) will take into account student behaviors and academic progress as reported by parents, teachers, and the student himself. The FIE will also reference information provided by Joseph’s former school district including but not limited to his placement in special education due to an “emotional disturbance.” These reports, coupled with the results of the assessment administered by the school diagnostician, as well as other appropriate Evaluation Personnel will paint an accurate picture of Joseph’s unique abilities and challenges. This will provide a framework for ARD committee members to examine in order to write appropriate goals and objectives for Joseph in his IEP.

How will the ARD committee determine whether Joseph qualifies for special education services? What factors go into making this determination? How will the committee select the related services for which Joseph will be eligible?

The ARD committee will carefully examine all components of Joseph’s Full Individual Evaluation and take into account the any recommendations for intervention that have been made. Essentially the committee is looking for a discrepancy between student ability and student achievement in order to determine whether or not Joseph has a disability as defined by the Individuals with Disabilities Education Improvement Act (IDEIA) and TEA guidelines. If Joseph qualifies for Special Education services his general education and special education teachers will work together with the school’s diagnostician to set forth appropriate goals, objectives, interventions, modifications, and accommodations as needed for Joseph’s IEP.

The IEP can be revisited at any time. District policy is to call an ARD meeting within 10 days if requested by any of the ARD committee members.

Based on what you know of Joseph’s background, what classroom accommodations would you recommend for him? Do you feel that he will need assessment accommodations? What assessment accommodations do you suggest?

Classroom Modification Recommendations:

Preferential Seating

Permission to stand/move during instruction as needed

Small group instruction



Minimal distractions

Meet with counseling group twice weekly for 30 minutes

Participation in the mentorship program

Frequent breaks

Student contract – student and instructors work together to determine the steps that will be taken when the student is disruptive during class. This would include discreet, non-verbal cues that the teacher will use to warn the student that he is being disruptive.

Frequent instructor feedback and redirection of off-task behavior Given Joseph’s struggle to complete assessments, I would recommend the following accommodations be made for any testing (classroom, district, and state) situation he is subject to:

“Chunked” assessments (break the assessment into large pieces so student can complete part of an assessment, take a break, then continue with the next part of the assessment)

Small group assessment

Extra time to complete assessments

Frequent instructor feedback and redirection of off-task behavior

Special education table of contents. (2010, October, 15 ). Ard process. Retrieved October 15, 2010, from http://legacy.lcisd.org/Departments/Academics/SpecialEducation/TableofContents/



Week 3: IEP Implementation

Overview

For this assignment, you will continue to follow Joseph, a fictional middle school student who recently enrolled at your school. This week, you’ll monitor how his program is being implemented and address any challenges. Use the ARD Meeting video located in Resources as a reference when completing this assignment.

To complete the assignment, you must familiarize yourself with both statewide special education policies and those in place at your district and school. The assignment also requires you to use knowledge gained from your lectures and readings and from communication with leaders at your school, including your principal, special education coordinator, and classroom teachers. You are expected to cite the relevant law and/or policy that you used to formulate your answers.



Rubric





Effective Implementation

Clearly articulates a vision for ensuring the effective implementation of a student’s IEP using 3 paragraphs (3 points)

Outlines a plan for ensuring the effective implementation of a student’s IEP using 2 paragraphs (2 points)

Vaguely outlines a plan for ensuring the implementation of a student’s IEP using 1 paragraph (1 point)

Does not outline a plan for the effective implementation of an IEP (0 points)

Professional Development Activity

Suggests an effective professional development activity geared toward effective classroom implementation of an IEP using a well-developed paragraph (3 points)

Suggests a professional development activity related to classroom implementation of an IEP using 1 paragraph (2 points)

Suggests a professional development activity related to classroom implementation of an IEP using 1 brief paragraph (1 point)

Does not suggest a professional development opportunity related to effective IEP implementation (0 points)

Positive Affect on Achievement

Explains how to determine whether the accommodations produce positive results using two well-developed paragraphs

(3 points)

Explains how to determine whether the accommodations produce positive results using one paragraph

(2 points)

Does not explain how to determine whether the accommodations produce positive results

(0 points)

Mechanics






Directions

Review the IEP video located in the Resources section of this course, and use it to answer the questions in the workspace. You will also use information from your lectures and readings and the information you gathered in the Week 1 Assignment to suggest accommodations to Joseph’s IEP. Plus you will develop solutions that will improve the implementation of the IEP at the classroom level.

Two months into the school year, Joseph’s teachers are concerned because they do not think the accommodations that have been outlined in his IEP are realistic, and they don’t think they are helping him. A number of his teachers have decided to implement classroom modifications for him on their own, and those modifications do not match Joseph’s IEP.

Concerned that the IEP developed for Joseph is not adequately serving his needs, you call a meeting with the members of Joseph’s ARD committee. At the meeting, Joseph’s mother expresses concerns over his progress, as well as what she sees as a lack of communication between school and home regarding her son.

Workspace

There is often not a connection between the accommodations outlined in a student’s IEP and the actual accommodations that are made in the classroom. Using evidence-based research, explain in three paragraphs how you plan to ensure that the accommodations outlined in Joseph’s IEP are followed? If teachers say that the IEP accommodations are not working, what do you do?

“What gets monitored get’s done.” In order to fulfill IDEA requirements and TEA guidelines so that Joseph makes academic progress and receives his education in the Least Restrictive Enviroment, his general education and special education teachers must work together to document that Joseph is receiving the services and accommodations set forth in his IEP. One way to do this, is a shared accommodation folder. Teachers (general and special education) document each accommodation on a spreadsheet similar to this:

Week of: Student Name:

Accommodation: Day-Time Notes:

Oral Administration of Assessment

Frequent Breaks

Special education teachers would be required by campus/district policy to check on



accommodation folders on a weekly basis to ensure the accommodations set forth in the IEP are being carried out. Disciplinary measures would be taken against teachers who consistently fail to document accommodations. These measures must be taken as the school district may be held liable if it is found the student’s IEP is not being followed.

Per district policy, any member of the ARD committee may ask that the committee members reconvene in order to examine Joseph’s IEP. In fact, district policy indicates that all measures are to be taken so that an ARD is scheduled within 10 days of a written request. Therefore, if the accommodations written in Joseph’s IEP are unnecessary, or judged to be ineffective in supporting his academic progress, teachers are required to inform the counselor/administrator in order to make known the fact that Joseph is not progressing as he should (and provide evidence of such.) Campus administration may provide staff development opportunities as they deem necessary available to the teacher, as well as schedule an ARD meeting (within the 10 day window.)

Professional development activities to support all staff members as they implement and document IEP accommodations may be ongoing. One critical component of campus staff development is the PLC. During Professional Learning Community (PLC) time staff members across the curriculum can meet to discuss what stands in the way of proper accommodation implementation/documentation, as well as what supports it. In this way, staff members work together collaboratively to support Joseph’s academic progress and special needs.

In one paragraph, suggest a professional development activity for Joseph’s teachers that would help them more effectively implement his IEP.

The use of Professional Learning Communities on campus would assist teachers in more effectively implementing Joseph’s IEP. During the window of time that the PLC affords, teachers can meet regularly to discuss an overview of accommodations , the evidence which supports (or does not support) the effectiveness of a particular accommodation, proper documentation procedures, classroom management tips, and the proper documentation of teacher-parent communication. More effective teachers can share their professional knowledge with teachers with less experience and all benefit from the collaborative nature of the PLC. Guest speakers from other schools or professional organizations can be brought in to share their ideas. The fact that the teachers work together to self-identify areas for professional improvement lends itself to their buy-in and thus the effective nature of this form of staff development.

Use two paragraphs to explain methods you will use to determine whether the accommodations provided for Joseph in his IEP have a positive effect on his achievement?

Formative assessment and summative assessment are key in determining whether

or not the accommodations provided in Joseph’s IEP have a positive effect on his academic achievement. Formative assessments could be in the form of portfolio submissions, weekly quizzes, or even anecdotal evidence recorded by the teacher. Not only will formative assessment inform further instruction, but Joseph’s academic progress and the effectiveness of his accommodations can be monitored through effective, well-planned formative assessment.



Summative assessment can also be used to ascertain the effectiveness (or lack thereof) of Joseph’s IEP’s. By comparing data from 2 or more years of district or state administered tests, Joseph’s teachers and parents can see fairly clearly whether or not the accommodations in his IEP are having a positive impact on his academic progress. If Joseph is not making progress in achieving his yearly academic goals the ARD committee will need to be reconvened in order to adjust the accommodations followed in his IEP.



Week 4: Student and Personnel Management

Overview

In this week‟s assignment, you will complete your work with Joseph. Your final step will be to make suggestions about how management policies and procedures for special education students at your school can be improved.

To complete the assignment, you must familiarize yourself with both statewide special education policies and those in place at your district and school. The assignment also requires you to use knowledge gained from your lectures and readings and from communication with leaders at your school, including your principal, special education coordinator, and classroom teachers. You are expected to cite the relevant law and/or policy that you used to formulate your answers.



Rubric





Investigating Complaints

Cites course material in thoroughly explaining procedures for investigating complaints against school personnel, including proper documentation techniques (3 points)

Explains some actions that should be taken when investigating complaints against a school employee (2 point)

Provides a broad response that lacks detail (1 point)

Does not describe processes for effective investigation of school personnel (0 points)

Manifest Hearing Cites course material in explaining manifest determination hearings and outlines in detail procedures for disciplining special education students (3 points)

Explains in general terms the possible outcomes of a manifest determination hearing (2 point)


Does not explain possible outcomes of a manifest determination hearing (0 points)

Appeals

Cites course material in explaining the appeals process regarding student discipline (3 points)

Demonstrates general understanding of the appeals process related to student discipline cases (2 point)


Does not demonstrate understanding of the disciplinary appeals process (0 points)

In-Depth Analysis

Uses information from course materials and personal interviews to provide in-depth analysis of school or district special education policies and make suggestions for improvement (4 points)

Provides general suggestions for how to improve school or district special education policies (3 points)

Provides a broad response that lacks detail (1 points)

Does not provide suggestions for improvement of school or district special education policies (0 points)



Mechanics






Directions:

Refer to your lectures and readings from throughout the course to answer the following questions related to investigating complaints against school employees, disciplining a special education student, personnel documentation, and school liability.

One morning, you hear a commotion coming from Joseph‟s classroom. He is shouting and swearing at his teacher, and you are concerned that he may become violent. You call in campus security to restrain him. You call Joseph‟s mother to your office following the incident, and she claims that the teacher has been antagonizing Joseph. She says that the teacher is resentful of the accommodations that have to be made for Joseph and has ignored his IEP. She also claims that the teacher is trying to embarrass Joseph in front of his classmates, which was the cause of his disruptive behavior in class that day.

Workspace

How will you go about investigating the parent’s claim that Joseph is being singled out and discriminated against in class in a way that will ensure that you are not indifferent to the claim?

I would first review all campus and district policies dealing with teacher/student behavior so that I am acutely aware of all relevant policies, procedures, and possible disciplinary measures. I would interview Joseph, Joseph‟s teachers, and other students in Joseph‟s class being sure not to prejudice one side against the other. In my questioning of other students who may have witnessed the antagonizing behavior (or lack thereof) I would ask very open ended questions, so no one‟s confidentiality is breached. I would take written statements from all parties. I would review any video surveillance that may confirm or deny any alleged behavior. I would document all my actions so that they could be reviewed in good faith, at a later date, so that my district, campus and I could be exonerated from being “deliberately indifferent” to the student‟s claim. After my investigation I would write a summary of my conclusions and take all proper disciplinary measures against Joseph, or his teacher as the situation warrants. Prior to any disciplinary measures taking effect against Joseph, I would hold a conference with his parents and advise them of my investigation, conclusion, and associated disciplinary measures. I would do the same for the teacher, if it were found that s/he acted inappropriately, or was not in any way in compliance with district policy.

If during your investigation you discover that Joseph’s mother’s claims do have validity, how will you go about documenting this teacher’s behavior? What is your district policy regarding actions that can be taken in this case?

If it is found that the teacher acted inappropriately or was not in compliance with district policy, that teacher‟s term contract may be subject to nonrenewal under section 14 of our district‟s “Term Contracts Nonrenewal Policy.” This section states, contracts may be subject to nonrenewal if the teacher exhibits a “Failure to meet the District‟s standards of professional conduct.” Prior to none renewal, the teacher would be placed on a professional growth program. This intensive program would include the weekly (or sometimes more often) meeting of the teacher with an administrator or other licensed professional who will both provide support for the teacher, as well as document their progress and hold them accountable for acting in an appropriate, professional manner. Any allegations of unprofessional behavior would be



investigated and thoroughly documented. Professional development opportunities would be offered the teacher, and the teacher would be required to participate in a mentorship program. If near the end of the year, significant progress had not been made by the teacher, they would be given notice of nonrenewal of contract no later than the 45th day before the last day of instruction required in the contract.

Per district policy, the teacher has 15 days to request (in writing) a hearing to protest their nonrenewal of contract. The hearing will be set at a date no sooner than 5, and no later than 15 days after the written request has been received. Participants of the hearing will be limited to the superintendant, school board members, teacher, and such representatives and witnesses as they shall call. Evidence will be heard and the school board will make a decision based only on the evidence presented during this hearing. The teacher will be notified of the board‟s decision within 15 days of the hearing date.

Who will participate in the meeting in which potential punishments are discussed? How will Joseph’s ARD committee determine the appropriate punishment for him regarding his classroom outburst?

Prior to any punishment either oral or written notices of the infraction the student is “charged with” must be given to the student. If the student refutes the “charges,” the evidence against the student must be presented to the student and the student must be afforded an opportunity to explain his side of the story. This oral/written notice and hearing of the student‟s side may be very informal. Once it has been determined that Joseph‟s behavior was disruptive to the classroom, and an inappropriate response to a reasonable request, Joseph may be subject to disciplinary measures. Per slide 10 of our lecture notes, and LCISD‟s „Student Discipline Students with Disabilities” policy, these measures can be taken right away (such as removing Joseph from the classroom) but are subject to review by Joseph‟s IEP team who must hold a “manifest determination hearing” within 10 instructional days of his removal from the classroom. Members must review the behavior that led to Joseph‟s punishment and determine if the behavior was the result of his disability. If it is found that the behavior was the result of his disability, the punishment will probably be rescinded – or may not progress as campus administration planned. Additionally, members of the ARD committee must determine that Joseph‟s behavior was not a result of the failure of his IEP being followed by school personnel. Only when it has been found that the behavior is not the result of his disability, or lack of IEP accommodations, can Joseph be subject to disciplinary measures which include his removal from the classroom and placement in in-school-suspension, or alternative placement for more than 10 instructional days.

Assuming Joseph’s mother wishes to challenge the disciplinary action suggested for him, what recourse does she have? According to Texas law and school district policy, what due process rights does Joseph have in this situation?

Per LCISD‟s „Student Discipline Students with Disabilities” policy, during the appeal process, Joseph will remain in the instructional setting prescribed by campus administration. Disciplinary action can be challenged by Joseph‟s parents who may give written notice of their request for a hearing. Joseph or his representatives have the right to present his side of the story before the



hearing officer and call witnesses as they see fit. Joseph will remain in the instructional setting prescribed by campus administration until the situation is resolved through the hearing officer, or until the time of the placement prescribed by campus administration expires.

Based on your lectures, readings, and communication with educators at your school, you now have an opportunity to recommend ways in which special education evaluation, accommodation, and communication can be improved. Use this final section to outline ways in which you feel the process can be improved.

Is the IEP development process in place at your school or district effective? If not, what suggestions do you have for how any of the components of this scenario can be improved?

Inevitably, all systems can be improved. The number one thing I would do to improve the implementation and documentation of IEP‟s is give teachers more time. PLC‟s are the perfect opportunity for teachers to discuss their support of students, document that support and collaborate to plan for future student progress. So, if I had my wish, I would mandate that teachers participate in teacher-driven Professional Learning Communities that would support the actual implementation of the IEP as well as many other areas for professional growth.

I would also institute a mentorship program pairing teachers who struggle to provide accommodations and document IEP‟s with seasoned teachers who have mastered this art.

I would ensure that a projector was used so that all members of an ARD committee could visually review documents as they are being input into the system. We have tried this at one of my campuses, and it has resulted in a dramatic decrease in paperwork errors.



NOTICE – THIS IS A DIFFERENT ASSIGNMENT THAN THE ONE LOADED IN THE EPIC COURSEWARE.

DO NOT USE THE ASSIGNMENT IN EPIC. USE THIS ALTERNATE ASSIGNMENT FOR ED TECH STUDENTS.

Week 5: Reflection

Reflection

Throughout this course we have discussed a number of legal issues facing today’s public-school educators. For your final assignment, you will select three legal issues that you feel will be most relevant to you as a school technology leader. One of these issues will focus on student management; a second on personnel management. The third can relate to any topic we’ve covered in the course. By giving your responses to the questions that follow, you will 1) record what you have learned in this course, 2) reflect on its significance in your professional life, and 3) develop a plan to further increase your knowledge and skills.

Follow These Steps

1. Reflect upon what you have learned about law and public education.

2. Use the guiding questions in each section to stimulate your thinking as you write three 150-word essays. The questions are meant to guide you, but you may not necessarily provide specific answers to all of them.

3. Write reflectively instead of in “question and answer” style, and feel free to add any related thoughts that go beyond the scope of the writing guidelines.

4. Use formal writing style and cite Essential Readings and court decisions that support your ideas. You should use APA style.

5. Submit your three completed essays by the end of Week 5.



Rubric


Week 5: Reflection Accomplished Proficient Needs


Reflection

Completes all 3 essays of the reflection assignment using the minimum 150-words requirement (8 points)

Completes 2 essays of the reflection assignment (5 points)

Completes 1 essay of the reflection assignment (3 points)

Did not submit reflection assignment (0 points)

Mechanics

No mechanical writing errors (2 points)

One to four mechanical writing errors (1 point)

More than five mechanical writing errors (0 points)



Essay 1: Student Management and Technology

Respond to the questions in the red box. Your essay should:

Use citations from the research when applicable.

Use professional writing protocols.

Use professional language.

Which of the student-management issues as they relate to the topic of Cyber Law discussed in this course and in your Cyber Law text is most relevant to you as a school technology leader?

How have your views changed about the proper policies and procedures to employ regarding student management?

How will the knowledge gained on this topic help you become an effective school technology leader?

How will it help your staff and your students?

Type your essay in the space below.

Though we have an Acceptable Use Policy for our district, one of the most important ideas that I

am taking away from this class is the idea that a district’s AUP doesn’t do much good if the teachers and

students who are obligated to abide by its principals, neither understand it – nor take the time to truly

examine it. It is imperative that teachers not only remind students to be good “digital citizens,” but

model the behavior, as well as collaborate with their students to scrutinize why good digital citizenship

is important to all of us.

Teachers do this by having plain conversations with students of all ages about the implications

and consequences of online behavior. Additionally, teachers and campus administrators alike need to

pay more than lip service to copyright protection laws. Actions speak louder than words. But words,

when they are used, should cite specific expectations for good digital citizenship. These expectations

should be communicated in both the student AND teacher handbooks. The problem I see with our

policy as it stands, is that while the ideas behind it are vague enough to be all encompassing, they are

just that…vague. To teachers who may not know exactly what is required, this type of policy leaves

quite a bit of wiggle room.

Bissonette, A. (2009). Cyber Law: Maximizing safety and minimizing risk in classrooms. Thousand Oaks,

CA: Corwin Press.



Essay 2: Personnel Management





What have you learned about teacher evaluation and remediation that you did not know before taking this class?

How will the information presented in this course help you become a better leader with school employees?

What aspect of school personnel management do you feel you need to learn more about?

How do you plan to gain this knowledge?


Having never been confronted with the process before, I never realized how much due process

is involved when a campus or district wishes terminate a teacher’s contract. In a way, that’s good. It

keeps administrators who have personality conflicts with certain teachers, from firing every teacher they

don’t get along with. However, the vast majority of principals hold their students best interests at heart.

To that end, I’m not sure the forbidding nature of the contract termination process benefits students. I

can see both sides of the issue.

The aspect I need to know more about is the documentation process. I have only experienced

this process from the standpoint of a teacher who consistently “exceeds expectations.” I think I would

find learning the markers of an effective/ineffective teacher an illuminating process. In our district we

have a program for prospective administrators. If I felt campus administration was my calling, I would

enroll in this program and receive further training.

Kersten, T. A., & Israel, M. S. (2005). Teacher evaluation: Principal's insights and suggestions for

improvement. Planning and Changing, 36(1&2), 47-67.



Essay 3: Improving Professional Practice





Select another legal topic covered in the Cyber Law textbook that you feel affects you as a school technology leader.

What have you learned about this topic, and how will this new knowledge affect your decision-making as a technology leader?

What professional development opportunities can you spearhead in your school to inform teachers about this issue?


During the coming weeks our district plans to roll out student email. From a strictly technical

standpoint, this should be a very smooth process. From a legal considerations training perspective,

however…I now know what potential there is for specific campuses and the district itself to be held

liable for harmful speech or material produced and sent using the district’s student email service.

Prevention is key. Our technical training absolutely must include a component that educates

teachers on what to do when they suspect or have proof of cyber bullying. Additionally, we need to

provide materials that teachers can use within their classrooms to educate students about what to do if

they are the victim, or privy to cyber bullying. Finally our policies must take into considerations the legal

hot water we may get into if our district filters fail to detect inappropriate language. We must also have

in place clear policies which deal with the proliferation of inappropriate material through student email.

Bissonette, A. (2009). Cyber Law: Maximizing safety and minimizing risk in classrooms. Thousand Oaks,

CA: Corwin Press.

edld 5344 school law

Documents

special education students

special education policies

special education evaluation

special education provisions

special education staff

special education eligibility

kwl charts

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