Do the Discipline Provisions of IDEA 2004 Extend to Children Being Tested for a Suspected Disability?

Yes. According to Parents Rights in Special Education (Procedural Safeguards) distributed by South Carolina's Office of Exceptional Children at the State Department of Education, Federal regulations for IDEA 2004 state that if a school had knowledge that the child is a child with a disability, the child is covered under these provisions. A school is deemed to have knowledge if a teacher or other personnel have expressed specific concerns about a pattern of behavior demonstrated by the child directly to the director of special education or to other supervisory personnel or if the parent of the child requested an evaluation. Records from the general education intervention process should be maintained. Such data will provide documentation that if there was a suspected disability at some time in the past, the school made the determination whether or not the child should be referred for an initial evaluation to determine eligibility. Therefore, it is important for schools to maintain records on children as such data could be important should a disciplinary proceeding occur later.

Communication

From chapter 4 of The 21 Indispensable Qualities of a Leader, John C. Maxwell points out that the success of your marriage, job, and personal relationships depends largely on your communication skills. He offers four suggestions for being an effective communicator:

1. Simplify your message. "Forget about impressing people with big words or complex sentences. If you want to connect with people, keep it simple."

2. See the person. "...ask yourself these questions: Who is my audience? What are their questions? What needs to be accomplished? And how much time do I have?"

3. Show the truth. "...believe in what you say...live what you say. There is no greater credibility than conviction in action."

4. Seek a response. "Every time you speak to people, give them something to feel, something to remember, and something to do."

The most powerful weapon on earth is the human soul on fire--Field Marshal Ferdinand

Does Screening Initiate the Protections of Procedural Safeguards and Due Process?

According to Parents Rights in Special Education (Procedural Safeguards) distributed by South Carolina's Office of Exceptional Children at the State Department of Education, Federal requirements indicate that the screening of a student to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for elgibility for special education and related services (C.F.R. 300.302). Further explanation in the comments to the federal regulations indicates that screening refers to a process that a teacher or specialist uses to determine appropriate instructional strategies. The comments go on to describe screening as typically being a relatively simple and quick process that is used to determine strategies to more effectively teach children. This would include examples of such things as univeral screening and progress monitoring tools (e.g. DIBELS, etc.) that yield information teachers may use to more appropriately select interventions tailored to a student's area of academic need; observations of children in various environments from which analyses of behavior patterns may occur in order to direct staff to appropriate intervention selection; and diagnostic tools which assist school personnel in a deeper understanding of the student's presenting concern so that more effective interventions may be selected. It should be made very clear here that the latitude given by the regulation is NOT to be interpreted as a way to circumvent other regulations pertaining to evaluation. The difference between screening and evaluation is the intent of the activities. If the intent of the activities is to determine instructional strategies, that constitutes screening. It is clear in the regulation and subsequent comments that the ONLY activities that may be considered screening are those activities which result directly in information to be used solely for the purpose of designing instructional strategies. At any point that the intent changes to seek to determine if the student is a child with a disability or if the student is in need of special education, that is evaluation and all due process protections come into play. At that point, parents must be contacted to seek consent for intial evaluation.

C.G. v. Five Town Community School District., 49 IDELR 93, 513 F.3d 279 (1st Cir. 2008)

In her presentation at the 19th Annual CASE (Counsel for Administrators in Special Education), Julie Weatherly mentioned a case involving private placement. In this particular situation, the parents made a unilateral decision to place their student in a private school while the Individualized Education Plan (IEP)team was still working collaboratively develop and finalize a proposed IEP. Subsequently, they were denied reimbursement for the tuition as they filed their due process complaint before the IEP team process was complete. An independent evaluator was working with the district and IEP team to develop a crisis intervention plan and other positive behavioral supports for the student.
The collaborative nature of the IEP team is at the crux of the development of effective individualized education plans for students with disabilities.

A Visit to Fair-Oak Elementary School

Last week I had the pleasure of conducting a walk-thru observation in a very special self-contained classroom at Fair-Oak Elementary School. The teacher, just in her second year as an educator, demonstrated a passion for wanting to help students with disabilities achieve. Colorful posters depicting step-by-step reminders of how to complete everyday tasks were posted all around the classroom. She monitored all students for engagement thoughout the lesson and facilited learning with the use of manipulatives. Her students reciprocated a tone of respect during communication exchange. It is obvious her students care for her as much as she cares for them. This particular teacher decided to change careers because she wanted to teach. Now she is making a noticeable difference in the lives of our students with special needs.

Are There Situations When the General Education Intervention Process for Children K-12 Would Not Be Used?

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 general education intervention process usually occurs before a student referred to a support team for initial evaluation is assessed. "However, under some circumstances, it would not be necessary to begin with the general education intervention process before referring the student for an initial evaluation. This would most likely occur in an instance where a student with an obvious disability has not been identified previously. Another example might be for a student who has recently sustained a traumatic brain injury. Of course in situations such as these it would be inappropriate to delay further evaluation to determine the student's need for special education. In these kinds of cases, the data used for documentation that general education intervention would be inadequate to address the needs of the student might come from medical records, previous school records, observation, parent and teacher report, etc. However, in cases such as this, even though it is appropriate to move directly to evaluation, it is recommenderd that general education intervention and strategies occur as part of the student's special education evaluation so that the team may collect data to determine what the best instructional approach for the student might be."

Animal School

Every educator can relate to this inspirational video Dr. Lucas shared at our principals' meeting yesterday.

Commitment

From chapter 3 of The 21 Indispensable Qualities of a Leader, John C. Maxwell points out that commitment separates doers from dreamers and there are only four types of people:

1. Cop-outs. "People who have no goals and do not commit"

2. Holdouts. "People who don't know if they can reach their goals, so they're afraid to commit."

3. Dropouts. "People who start toward a goal but quit when the going gets tough."

4. All-outs. "People who set goals, commit to them, and pay the price to reach them."

Which one are you?

"People do not follow uncommitted leaders. Commitment can be displayed in a full range of matters to include the work hours you choose to maintain, how you work to improve your abilities, or what you do for your fellow workers at personal sacrifice."--Stephen Gregg, Chairman and CEO of Ethix Corporation

Richardson v. District of Columbia, 50 IDELR 6, 541 F. Supp.2d 246 (D. D.C. 2008)

In her presentation at the 19th Annual CASE (Counsel for Administrators in Special Education), Julie Weatherly mentioned a case involving a situation whereby a school district made repeated efforts to obtain a student's psychiatric records from a private psychiatrist; however, the parent's refused to release the existing psychiatric records. This amounted to a failure to cooperate with the IEP process. The school district had no obligation to conduct its own evaluation when the information it needed to determine eligibility was available from the private psychiatrist. Furthermore, it was determined there was no fault in the district's decision that the student was not eligible under the IDEA without the private evaluative information.

Schools and parents must work together on behalf of children for the provision of special education and related services. They are worth it.

Who is Responsible for Child Find?

According to Parents Rights in Special Education (Procedural Safeguards) distributed by South Carolina's Office of Exceptional Children at the State Department of Education, they have put policies and procedures in place to ensure that all children with disabilities residing in the State, including children with disabilities atttending public or private schools, are home schooled; are highly mobile, including migrant and homeless; or are wards of the State, and who are in need of special education and related services are identified, located, and evaluated. Local school districts are required to conduct ongoing public notice, screening, general education interventions, and evaluation to ensure that chidlren from birth to age 5 with disabillities, and children from kindergarten through age 21 with disabilites are identified appropriately. For children of school age attending a private elmentary or secondary school, the district in which the private shcool is located is responsible for child find for children who are residents and non-residents of the district who may be attending the private school. For preschoolers, the school district where the child resides is responsible for child find, even if the child attends preschool or child care in another district. This responsibility to conduct child find efforts for children from birth through age 2 is shared with the Part C Infant-Toddler program.

Choose to Have a Nice Day

A friend of mine sent me an inspiring email that changed my perspective for the day in an instant. As we enter increasingly uncertain economic times, it will become more important for people to count their blessings one by one. Consider this scenario...



A 92-year-old, poised and proud man, who is fully dressed each morning by eight o'clock, with his hair fashionably combed and shaved perfectly, even though he is legally blind, moved to a nursing home today. His wife of 70 years recently passed away, making the move necessary. After many hours of waiting patiently in the lobby of the nursing home, he smiled sweetly when told his room was ready.
As he maneuvered his walker to the elevator, I provided a visual description of his tiny room, including the eyelet sheets that had been hung on his window.
'I love it,' he stated with the enthusiasm of an eight-year-old having just been presented with a new puppy.
'Mr. Jones, you haven't seen the room; just wait.'
'That doesn't have anything to do with it,' he replied.
'Happiness is something you decide on ahead of time. Whether I like my room or not doesn't depend on how the furniture is arranged .. it's how I arrange my mind. I already decided to love it. 'It's a decision I make every morning when I wake up. I have a choice; I can spend the day in bed recounting the difficulty I have with the parts of my body that no longer work, or get out of bed and be thankful for the ones that do.
Each day is a gift, and as long as my eyes open, I'll focus on the new day and all the happy memories I've stored away. Just for this time in my life.
Old age is like a bank account. You withdraw from what you've put in.
So deposit a lot of happiness in the bank account of memories!
Remember five simple rules to be happy:
1. Free your heart from hatred.
2. Free your mind from worries.
3. Live simply.
4. Give more.
5. Expect less.


Have a nice day, unless you already have other plans.



Thanks, Kathy!!

A Free (for a short time) Web Resource to Make "PEC-Like" Pictures

One of our speech therapists just sent me news about a wonderful free resource for not only speech-language pathologists but also for parents, teachers, autism specialists, occupational therapists, physical therapists, ESL teachers and many more. Mrs. Riley- It's in the Cards (http://mrsriley.com/) is a brand new site that allows users to make PEC like pictures. It is accessible online and is similar to Boardmaker. The pictures are taken from the internet or from a stock of pictures from the Mrs. Rileysite. You might want to give it a try while it is still free. :)

Charisma

From chapter 2 of The 21 Indispensable Qualities of a Leader, I have paraphrased the following tips John C. Maxwell offers for making yourself attractive to others ...

1. Love Life. Be the kind of person you love to be around.
2. Put a "10" on Every Person's Head. Look for the good in people and expect the best of them. Encourage people and help them reach their potential.
3. Give People Hope. French General Napolean Bonaparte knew that hope was the greatest of all possessions and characterized leaders as "dealers in hope."
4. Share Yourself. Share your knowledge and resources. Allow others to be a part of your special occasions.

I love this quote by Dan Reiland, Vice President of Leadership Development, INJOY

"How can you have charisma? Be more concerned about making others feel good about themselves than you are making them feel good about you."

Strock v. Independent School District No. 281, 49 IDELR 273, 2008 WL 782346 (D. Minn. 2008)

In her presentation at the 19th Annual CASE (Counsel for Administrators in Special Education), Julie Weatherly mentioned a case involving a student with ADHD. "Children having ADHD who graduate with no special education or any section 504 accommodations are commonplace." Just because a student has been diagnosed with ADHD does not mean the student qualifies for an individualized education plan. The student in this case completed required work and earned average or above average grades. Although the student was required to take remedial courses when beginning at the community college, this scenario is "neither unusual or evidence of 'unsuccessful transition', an entirely undefined term."

What Obligation Does a School Have to Allow Parents or Other Non-School Personnel to Observe or Video Tape a Child in the Educational Setting?

According to Parents Rights in Special Education (Procedural Safeguards) distributed by South Carolina's Office of Exceptional Children at the State Department of Education, neither federal or state laws or regulations give parents the right to observe their children in class. A district may, however, give a parent permission to observe a child in class if doing so would not disrupt school activites and would help the district and the parents work together to develop an appropriate IEP. Many districts have policies that define the conditions under which parents and others may observe children in school and for videotaping children in the classroom.

Whenever possible, parents and schools need to work together to identify ways to help children succeed in the classroom.

Character Check

One of my favorite authors is John C. Maxwell. All the books I own of his have are penciled in as I underline statements that speak to me about becoming a better communicator, coworker, wife, mother, and friend. From chapter 1 of The 21 Indispensable Qualities of a Leader, I have paraphrased the following tips he offers for improving character ...

1. 1. Search for the cracks. Examine the major areas of your life (work, marriage, family, service, etc.) and identify places where you have cut corners, let people down, or compromised.
2. Look for patterns in your responses. Do you have a type of problem that keeps resurfacing? Patterns will help you diagnose character issues.
3. Face the music. Character repair is possible when you take responsibility for your flaws, apologize, and manage the consequences of your actions.
4. Rebuild. Develop a strategy to prevent yourself from repeating the same mistakes.

If you are looking for a quick read with a lot of punch, I highly recommend this book. You can read it over and over and still take a golden nugget away with you each time you set it down.

Harassment and Students with Disabilities

In her presentation at the 19th Annual CASE (Counsel for Administrators in Special Education), Julie Weatherly mentioned a case involving harassment. In S.S. v. Eastern Kentucky University, 50 IDELR 91 (6th Cir. 2008), it was determined that there was not enough proof to determine what the LEA could have done differently to end the harassment of a student with a disability. Evidence supported the allegations were investigated, the students involved were disciplined, interviews were conducted, the student was monitored and separated from his harassers, mediation sessions were held, the school communicated with the parents, and training was provided to the student body about name-calling.
For a finding of liability for student-on-student harassment, the following is required:

1. the student being harassed is an individual with a disability


2. the student was harassed based on his disability


3. the harassment "was sufficiently severe or pervasive"


4. the school agency knew of the harassment


5. the school agency was deliberately indifferent to the harassment

It is imperative that LEA's take harassment complaints seriously and that they document every effort to address each case.

Do Parents Have the Option of Consenting to the Individual Annual Goals in Their Child's IEP?

According to Parents Rights in Special Education (Procedural Safeguards) distributed by South Carolina's Office of Exceptional Children at the State Department of Education, parents provide consent only for placement and services including supplemental aids and services, in the IEP. They do not have the option of consenting to the individual annual goals in the IEP. Parents should consider which individual services they wish to consent to; the annual goals are the method for measuring the progress made by the provision of the services. Parents may revoke consent for some services and not others, but need to realize that when they revoke consent for a service, they have also eliminated the goal(s) that would have measured progress for that service.

Best Wishes for 2009!!

I love beginnings...a fresh syllabus, an unchartered book, a new year. Although I have never been one to firmly establish resolutions each January 1st, I do make it a point to reflect on the past year and set goals for the next 12 months. A personal goal of mine is to become more creative and innovative.

I have been reading a book from the Center for Creative Leadership titled The Leader's Edge: Six Creative Competencies for Navigating Complex Challenges by Charles J. Palus and David M. Horth and have been inspired to start a blog strand labeled Leadership. This book provided an idea that would certainly help with reflection. It is called a visual verbal journal (VVJ) and it is used to track observations and ideas in both words and illustrations. According to the authors, "...a working journal integrates the technical and personal and provides a risk-free place to develop your personal voice and style."

The following are tips for keeping a VVJ:

• Keep it in a notebook separate from other papers in a private, protected place.
• Cultivate an artistic style in your journal sketches and illustrations.
• Cultivate a scientific style in the way you gather and weigh evidence, and create new hypotheses.
• Pick a theme for the VVJ and stick to it. You may want to keep more than one for varying themes: important life lessons or career development.
• Return regularly to past VVJs in order to reflect on ideas and gain insight into your development.

So...what will your first sketch be? Mine...a vessel filled with varying sized rocks, pebbles and water. It is a reminder that there is only so much time in the day. The size of the vessel doesn't change. The large rocks go in first. For me, they represent my family and valuable relationships. People matter most. The smaller pebbles and water will have to fit in as size (time) allows.

I wish all of you a blessed, healthy, fulfilling, and prosperous New Year !