LEAs Should Never Make Recommendations/Decisions Based Upon Inadequate Evaluations

Julie Weatherly featured an article in a journal titled In Case, Volume 48, Numbers 4-6; and in Volume 49, Numbers 1-2. The title of the article is Avoiding Legal Disputes in Special Education: 21 Training Points for Administrators. According to Weatherly, school district staff would be well advised to adopt the motto "when there is debate, evaluate!" In summary, she explains that IEPs must be developed upon evaluations that are up-to-date, thorough and adequate. "In some cases, a school system may lose a disputed case based soley upon its failure to appropriately evaluate a student prior to making educational recommendations. Furthermore, LEAs must carefully consider the need to evaluate or reevaluate when parental requests for testing are received. Weatherly adds, "...it is vital to obtain all previous records and to demand current evaluations or to insist upon the right to conduct current evaluations".

Board of Education of the Appoquinimink School District v. Johnson, 50 IDELR 33, 543 F. Supp.2d 351 (D.Del.2008)

In her presentation at the 19th Annual CASE (Counsel for Administrators in Special Education), Julie Weatherly mentioned a case whereby An adminstrative panel's decision was reversed. The original verdict was that the school district failed to meet its obligations when it chose not to provide a full-time ASL interpreter to a deaf student enrolled at a private Episcopal School. According to Weatherly, "the decision was erroneous as a matter of law because IDEA imposes no obligation on the district to provide related services to a parentally-placed private school student." Furthermore, "...evidence indicated that the district's proportional share allocated for private school students was $3, 639.00 and the cost for the interpreter was over $37,000.00 per year."

May an Initial Evaluation Consist Only of Existing Data?

According to Parents Rights in Special Education (Procedural Safeguards) distributed by South Carolina's Office of Exceptional Children at the State Department of Education, the answer is "yes". "Existing data should be reviewed as a part of any initial evaluation. This would include evaluations and information provided by parents, current classroom-based, local, or state asessements and classroom-based observations, and observations from teachers and related service providers. For an initial evaluation, such data should help the team to decide if more information is needed to determine eligibility--both the presence of a disablity and the determination of the child's educational need. The existing data will also help identify the present levels of academic achievement and related developmental needs of the child, and whether any additions or modifications to the special education and related services are needed to enable the child to meet the measureable annual goals set out in the IEP of the child and to participate, as appropriate, in the general education curriculum, or for preschool age children, an age appropriate environment. If the team has enough information from the existing soures of data (general education progress in the curriculum/interventions, record review, interviews, observations, tests), the team may conclude that no additional data are needed and eligibility may be determined based upon existing data. The Prior Written Notice would include: (1) a statement of this fact and the reasons for it; and (2) a statement of the right of the parents to request additional assessment to determine whether the child is a child with a disability. Parent consent to conduct the initial evaluation is required, whether or not additional data is needed".

Speech-Language Therapists Bring Attention to the School District of Oconee County at 2009 SCSHA Conference

The South Carolina Speech-Language Hearing Association annual conference was a huge success for our Oconee County presenters. Samantha Green and Kristi Ruhland (with the help of Jessica Matheson, Sandra Mattox, and Jody McKibben) presented to a packed house (around 500 or so!!!) about Sounds in Motion (SIM). SIM can provide the school-based clinician with the opportunity to work on articulation stimulation, auditory perception, phonemic awareness and vocabulary development simultaneously with an entire class while incorporating the use of body movements. Our team received lots of positive comments in addition to an invitation to return next year and even possibly teach a short course on SIM. The next SCSHA conference is February 18-20, 2010, in Columbia, SC, at the Columbia Convention Center.

Thanks for making Oconee County shine!! We're proud of you!

LEA's Must Provide Sufficient Parental Opportunity to Participate in the Decision-making Process

Julie Weatherly featured an article in a journal titled In Case, Volume 48, Numbers 4-6; and in Volume 49, Numbers 1-2. The title of the article is Avoiding Legal Disputes in Special Education: 21 Training Points for Administrators. According to Weatherly, "predetermination of placement" could lead to a denial of FAPE. In summary, LEA's should be careful not to do the following:

NEVER...

1. ...develop and finalize an IEP before the meeting then ask the parents to sign without discussion.

2. ...provide improper notice to the parents about relevant information (e.g., complete evaluation results, proposed placement).

3. ...hold "school member only" staffings to complete the IEP then have the special education teacher present the IEP at a later time to parents.

If presenting a draft IEP at the meeting, ALWAYS explain the draft is for discussion purposes only. The draft IEP is a working document amenable to changes as an IEP team sees fit. Parental input into a child's IEP is imperative.

In her presentation at the 19th Annual CASE (Counsel for Administrators in Special Education), Julie Weatherly mentioned a case whereby a parent was not able to meet the burden of proof by demonstrating that the unilateral private placement she chose for her emotionally disabled daughter is appropriate. Athough it was agreed that the student needed a "full-time residential treatment program", the private school chosen by the parents did not have the resources to meet their daughter's needs according to the IEP. It did not provide specially designed instructional programs and it did not provide any clinical or psychological services to address their daughter's social and emotional needs.

What are the Qualifications of the People doing Assessments?

According to Parents Rights in Special Education (Procedural Safeguards) distributed by South Carolina's Office of Exceptional Children at the State Department of Education, each assessment must be given and interpreted by a licensed or certified professional in the area being assessed (e.g., speech and language, motor, behavior, or other area). Certain test developers/suppliers also have specific requirements with regard to training and qualifications that must be considered. Assessments during initial evaluations encompass much more than test administration, however. When planning to collect the data for an evaluation, teams should determine which individuals have the most appropriate skills to obtain whatever data is needed.

A Visit to Fair-Oak Elementary School

Yesterday I had the privilege of observing in three different settings at Fair-Oak Elementary School. Kindergarteners participated eagerly in an Early Reading Intervention program targeting the development of phonemic awareness and letter identification. The teacher demonstrated enthusiasm and the quick pace moved students right along without any time for lost interest. Continuous formative assessment tracks the progress of each student on a weekly basis. The teacher provided positive verbal feedback throughout the lesson.
In another classroom, a special education teacher started the day with a Smartboard lesson then divided her students to work in groups on individualized skills. The transition was timely as each student listened for his or her assignment then moved expediently to the appropriate location to engage in a meaningful activity developed to target a particular skill. No down time whatsoever.
My last stop was in the Speech-Language Therapy class...my first love. Watching and listening as the students pulled out their speech homework folders to review their targets, I was reminded of the days when I was a speech teacher. I sure miss those kids!! The speech teacher delivered praise and provided a model as needed. Her students were happy to be there and so was she.
The common denominator of all my Fair-Oak visits is the presence of ongoing Positive Behavior Support (PBS). This school embraces the concept as evidenced by teachers' and students' behaviors and attitudes. A school-wide PBS Matrix is posted in every room and is undeniably present in the culture. The faculty and staff at Fair-Oak work hard to provide a positive and effective learning experience for every child.

Courage

From chapter 6 of The 21 Indispensable Qualities of a Leader, John C. Maxwell points out that courage is not an absence of fear but doing what you are afraid to do. "It's having the power to let go of the familiar and forge ahead into new territory." Maxwell suggests the following for improving your courage...

1. 1. Face the music. Do something fearful just for the sake of growing in courage (e.g., public speaking, sky diving, etc.)
2. 2. Talk to that person. If you are avoiding confrontation with someone in your life, go to that person and "speak the truth in love".
3. Take a giant step. Consider a new career move if you know in your heart it is the right thing to do.
   

Fairfax County School Board v. Knight, 49 IDELR 122, 261 Fed.Appx. 606 (4th Cir. 2008)

In her presentation at the 19th Annual CASE (Counsel for Administrators in Special Education), Julie Weatherly mentioned a case whereby reimbursement for private schooling was denied. In this case, the court determined that the district's experts, who testified that the school district had offered a free and appropriate education to a ninth-grader with dyslexia and other learning disabilities, were entitled to more deference. They had extensive experience in special education, as well as post-baccalaureate degrees in the field. The parents' experts did not have degrees in reading, education or special education.

A Visit to Keowee Elementary

Yesterday I had the privilege of reading to Mrs. Worsencroft's first grade class at Keowee Elementary School in celebration of Scarf Down a Book Day. I chose "I Love You the Purplest" by Barbara M. Joosse. The descriptive language and beautiful pictures immediately engaged the students and I sensed I had each one's attention and anticipation. Her class was very well mannered and respectful. It was obvious their teacher had instilled a love for books in each child's heart. It was the highlight of my day!
I was also able to observe some effective coteaching that took place in a fourth grade classroom during a math lesson. The teachers practiced the lead and support model. The students participated in a lesson utilizing technology and manipulatives while working on real life math problems. Students needing extra support were seated at the front of the classroom. The resource teacher monitored their work informally and provided assistance as warranted. It was differentiated instruction at its finest.

If the Eligibility Determination Team Can't Reach Consensus, Who Makes the Decision?

According to Parents Rights in Special Education (Procedural Safeguards) distributed by South Carolina's Office of Exceptional Children at the State Department of Education, teams should try to reach consensus about the eligibility decision for special education. If a member of the district team does not agree with the others, they are able to record their disagreement on the eligibility report. However, if the team cannot reach agreement, the final decision rests with the person who serves as the local education representative at the eligibility determination meeting.

Building a Golden Bridge

1. In William Ury's book Getting Past No, he explains a fourth barrier to joint-problem solving: the other sides's dissatisfaction. Coming to a mutually satisfying decision may be hindered (even when the other side is aware of how it will benefit them) simply because it was your idea. Ury identified four obstacles to an agreement and suggestions for overcoming them...

1. Not their idea. You need to involve the other side. Ask for their ideas then build on them. Ask for constructive criticism and offer them a choice.
2. Unmet interests. You can satisfy unmet interests by not dismissing the other side's position as irrational and by not overlooking basic human needs (e.g., security, recognition).
3. Fear of losing face. Help the other side back away without backing down. Show how circumstances have changed.
4. Too much too fast. Don't rush to the finish. Guide the other side step-by-step and don't ask for a final commitment until the end.

Build your opponent a golden bridge to retreat across. --Sun Tzu

How Can LEA's Ensure That Evaluation Materials and Procedures Used to Assess Racially and Culturally Diverse Children Are Appropriate?

According to Parents Rights in Special Education (Procedural Safeguards) distributed by South Carolina's Office of Exceptional Children at the State Department of Education, it is important that professionals conducting evaluations be aware of the potential bias that exists in all areas of assessment and seek to choose techniques and tools that reduce bias to the largest extent possible. This may involve being more aware of the growing body of research literature on this topic, developing a deeper understanding of the cultural and linguistic diversity represented in the district, purchasing evaluation materials that have been developed to reduce bias, and utilizing trained bilingual examiners. Further, professionals conducting the evaluation must document the extent that an assessment was not conducted under standard conditions (e.g., giving a standardized test in a language other than the one it was originally developed for). Teams should carefully consider the presence of bias and interpret the results of that evaluation accordingly.

SDOC Vision for Special Services

Without a vision an organization has no way of knowing where they are headed. I am very thankful for our district Vision Team in the Department of Special Services. This small group of dedicated special educators led stakeholders through a process of narrowing down our vision statement. It gets to the heart of why we do what we do day in and day out....

Vision
The vision of the School District of Oconee County Special Services Department is that every student will succeed with appropriate support.

Mission
Our mission is that each student will be:
· provided a free and appropriate public education in the least restrictive environment
· encouraged intellectually, morally, physically, socially, and emotionally
· cared for unconditionally and valued equally
· challenged to become productive, responsible members of our community

Vision Team,

Thank you for drawing the roadmap.

Competence

From chapter 5 of The 21 Indispensable Qualities of a Leader, John C. Maxwell points out that people admire leaders who demonstrate high competence. Here are some ways to bolster your competence...

1. Show up every day. Highly competent people "...don't show up in body only. They come ready to play every day no matter how they feel, what kind of circumstances they face, or how difficult they expect the game to be."
2. Keep improving. Look for ways to grow and learn.
3. Follow through with excellence.
4. Accomplish more than expected. Don't be afraid to go the extra mile.
5. Inspire others. Motivate them to perform at a higher level.

What Happpens When a Child Transfers to a Different District During the Initial Evaluation?

According to Parents Rights in Special Education (Procedural Safeguards) distributed by South Carolina's Office of Exceptional Children at the State Department of Education, assessments for a child who transfers to a different district in the same school year during the initial evaluation are coordinated with the child's prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of the full evaluation. The 60 day timeline for the initial evaluation may be extended only if the new district is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and the new district agree to a specific time when the evaluation will be completed.

Letter to Zirkel, 50 IDELR 49 (OSEP 2008)

In her presentation at the 19th Annual CASE (Counsel for Administrators in Special Education), Julie Weatherly mentioned a letter written by the Office of Special Education Programs (OSEP). A question was asked regarding whether or not a specific learning disability evaluation team must consider continuous progress monitoring, regardless of whether the approach used is response to intervention (RtI). OSEP responded that the eligibility team must consider data-based documentation of repeated assessments of achievement at reasonable intervals. This reflects formal asssessment of student progress during instruction, which was provided to the child's parents, in order to ensure that underachievement in a child suspected of having a learning disability is not due to a lack of appropriate instruction in reading or math. "The regulation does not use the term 'continuous progress monitoring.'" '"A critical hallmark of appropriate instruction is that data documenting a child's progress are systematically collected and analyzed and that parents are kept informed of the child's progress.' We believe that this information is necessary to ensure that a child's underachievement is not due to a lack of appropropriate instruction."