Special Education Legal Boot Camp

1. Special Education Legal Boot Camp Presented by: Matt Barbini Assistant Superintendent of Student Services North Shore School District 112 April 5, 2011 Institute Day

2. I. IEP Goals Measurable Include monitoring methods Student focused Logical extension of prior year’s goals District’s goal writing rubric

3. I. IEP Goals Monitor student progress towards goals Make sure implementers know their responsibilities Draft realistic and attainable goals Track performance towards goals

4. II. Timelines Several timelines for several functions 3 Uses of the Term “Day”: Calendar Day Business Day School Day Refer to Special Education Timelines “Cheat Sheet”

5. II. Parental Consent Written Parental Consent is required to initiate a case study evaluation. Written Parental Consent is required to initiate a reevaluation. Parents are required to consent to INTIAL placement into special education. ***Districts do not have any legal recourse in the event that a parent does not consent to initial placement into special education.

6. II. Revocation of Consent Parents can revoke consent for IDEA services at any time after their child has begun receiving services (orally or in writing). Keys: A written response is required by the school district 10 CALENDAR days after parents have revoked consent. All IDEA services shall cease when the written response is hared with the parent/guardian. Districts have no legal recourse.

7. III Independent Educational Evaluations Parents can request a single independent educational evaluation at public expense if they disagree with the District’s evaluation findings.

8. III Independent Educational Evaluations (IEE) Districts can agree to provide an IEE or can initiate a due process complaint within (5) days of any written parent request for an IEE to show that the district’s evaluation is appropriate. KEY: If a parent requests an IEE contact your Student Services Coordinator ASAP!

9. III Planning Meetings Plan but do not pre-determine: Draft an agenda Prepare for an IEP as you would for a business meeting Review data, documentation and drafts

10. III Planning Meetings Treasure each minute Provide evaluations to parents prior to the meeting Draft goals

11. III IEP Required Participants Parent Local Educational Agency Representative General Education Teacher Special Education Teacher

12. IV. Student Discipline Special education can be suspended for violating Discipline Policy 7:190 for up to 10 school days within a year without having to provide services.

13. IV. Student Discipline Districts are required to provide educational services to students beginning immediately following the 10th day of suspension.

14. IV. Student Discipline KEYS: An IEP meeting shall be convened for the purposes of conducting a manifestation determination BEFORE a student arrives at the 10th day of suspension. When a pattern of challenging behavior exists, teams should be pro-active and conduct a Functional Behavior Analysis (FBA).

15. IV. Student Discipline Interim Alternative Educational Settings (AES). School Districts can place a student in special education into a 45 school day AES without parent consent in the event that the behavior that the student engaged in falls within one of the three criteria below: • Inflicting Serious Bodily Injury; • Use or possession of a weapon; • Use or possession of drugs;

16. IV. FBA/BIP Assessment process for gathering information regarding the target behavior, its antecedents and consequences, controlling variables, the student’s strengths and the communicative and functional intent of the behavior for use in developing behavior interventions

17. IV. FBA/BIP FBA: Solid FBA means productive BIP Highlight target behaviors acknowledge triggers

18. IV. FBA/BIP Behavior Intervention Not just for specific types of disabilities Develop when behavior impedes education

19. IV. FBA/BIP Behavioral Intervention Plans Must: Summarize the functional behavioral assessment Summarize prior interventions implemented Describe interventions

20. IV. FBA/BIP Identify measurable behavioral changes expected and method of evaluations Identify a schedule for review of plan effectiveness Provisions for communicating with the parents

21. IV. FBA/BIP BIP: Positive behavioral interventions Replace bad/unwanted behavior with alternative good behavior Do not just provide alternative consequences

22. IV. FBA/BIP BIP: Negative consequences are sometimes needed Think through the implications of the BIP Avoid boiler plate language

23. V. ACCOMMODATIONS/MODIFICATIONS Accommodations must make sense Extracurricular accommodations

24. VII. Common Pitfalls Full and Fair Consideration: Ascertain from parents what they want Ask and receive any information from parents to support their request

25. VII. Common Pitfalls Full and Fair Consideration is a TWO WAY STREET: Key: provide parents with DRAFT IEP Goals and reports 5 days before the IEP meeting.

26. VII. Common Pitfalls Not preparing for the difficult IEP meeting. Key: proper preparation and planning prevents poor performance! Use established agendas and pre-meet when needed to share information with team-members.

27. VII. Common Pitfalls Full and Fair Consideration: Decide if we have the information we need to make an informed decision Discuss and resolve

28. VII. Common Pitfalls When interacting with families and their providers saying something to the effect of: “We don’t do that here…”

29. VII. Common Pitfalls When a pattern exists where a student has not met their goals. Key: Write goals that are realistic! Frequently review student progress and utilize Tier 3 Data Days when a student may not or is not making progress toward their goal.

30. VII. Common Pitfalls Discussing a change in placement for behavioral needs before an FBA has been conducted and a BIP has been reviewed and revised several times within the context of an IEP meeting. Key: Intervention Specialists and Social Workers have received training in the area of FBA/BIP for the past 3 years.

31. VII. Common Pitfalls Best Ways to Find Your Way Into a Due Process: Willingness to accommodate parents requests even when not in best interest of child Lack of preparation Not following through

32. VII. Common Pitfalls Writing something about a parent or student in an e-mail that you would not be comfortable with being posted on the front page of the Chicago Tribune. ****E-mails are a part of a students records and will be requested by counsel for the parent and school district in the event that a dispute exists.

33. Special Education Boot Camp THANK YOU Please fill out your evaluation forms!!!!