No Consent for the 3-year Reevaluation

In Gwinnett County School District, 53 IDELR 341 (SEA GA 2010), a parent did not provide consent for the triennial revaluation of their child with a disability. The IEP team resorted to reviewing data with regard to progress toward IEP goals and objectives, anecdotal reports, and test results. Ultimately, the team determined there was enough documentation to make an elibility determination that the student continued to have a disability and needed special education services. An administrative law judge determined the placement was appropriate and that proposed goals were adequate. When parents choose not to sign consent for re-evaluation, IEP teams should examine existing data from the following sources: the student (ask what his/her strengths are), teachers, disciplinary reports, progress toward the current IEP, guidance counselors, behavior observations, assessment results, outside agencies (if you have a release for information), and parents.

Parent of a Student with Asperger Syndrome and ADD Revocates Consent for IDEA Services

In Jefferson County Board of Education, 110 LRP 2743 (SEA AL 9/29/09), an Independent Hearing Officer (IHO) ruled a local education agency did not violate IDEA when a parent asked the district to find her child eligible for special eduation services a second time around. The parent withdrew her child from school after several disciplinary infractions then reenrolled her child 6 months later and signed a document revoking consent for special education services. Following an incident involving a smoke bomb, a hearing officer ordered the student to attend boot camp for 30 days. The parent then sought placement back into the special education program due to health concerns of her child. When the district correctly treated the referral as an initial evaluation for IDEA services and scheduled a meeting, the parent initiated due process alleging a denial of FAPE as services were not reinitiated automatically. The IHO wrote, "While it appears that the [IDEA amendments on revocation] do not clarify such an issue,... it appears cross-purpose to anticipate that the parent can turn on and off the services like a water faucet."

Congratulations West-Oak Middle School!

I am continually inspired by the dedication, hard work and passion exhibited by our special education teachers. Way to go Joey Bryson and Cynthia Opperman for working diligently to earn a $5,000 Toolbox for Education grant awarded by Lowe's Charitable and Educational Foundation. The money will be used for creating a hands on career development and exploration center for at-risk students. West-Oak Middle is one of more than 450 schools or parent organizations to be awarded a Lowe’s Toolbox for Education grant for school improvement projects benefiting K-12 public education across the United States during the 2009-2010 school year. The goal of the program is to help students take ownership of their education and ultimately decrease the drop-out rate of our at-risk student population. Career exploration in business and marketing, home and consumer science, manipulatory processing and production, and industrial technology will be offered. Students will experience what it is like to be an employee in a real-work setting as teachers take on the role of supervisor and assign duties requiring problem-solving, locating materials, following written directions, and documenting performance. The project is scheduled to be up and running by fall of 2010. I am sincerely looking forward to visiting this program next year. Kudos to Cynthia and Joey for doing what it takes to see their vision come to fruition!

A Special Graduation at WOHS

Yesterday I had the honor of presenting closing remarks at the graduation celebration of the T-Warrior and F-Troop classes at West-Oak High School. Three T-Warrior students (Daniel Hightower, Patrick McKay, and Samuel Padilla) donned their caps and gowns to walk across the stage and accept their certificates of achievement. The program was emotional for several participants as students from both classes signed to inspirational songs like "Do I Make You Proud", "Who I Was Born To Be", and "What the World Needs Now." A senior slide show presented photograhs of the graduating students with their friends, teachers, and administration over the course time in their program. The celebration that followed was catered by Considerate Catering comprised of students from our STARS (Students Transitioning into Adult Roles in Society) program at the Hamilton Career Center. The food and drink was delicious and made the celebration extra special. Hats off to our special education teachers, support staff, service learning students, parents, and administration for making yesterday an unforgettable day.

A Visit to Hamilton Career Center

Last week I was able to observe in our Transition to the Real World (TRW) class at Hamilton Career Center. When I entered the classroom all students were at computers working on an assignment that required them to find information about state agencies that provide services to individuals in our community. The teacher monitored individual progress and provided guiding questions to help students understand the importance of knowing where to go to get assistance. Afterwards, we took a short walk to the newly renovated Home Center located on the HCC campus. The purpose of this facility is to provide learning experiences to our 18-21 year old students with disabilities to help them become independent and contributing members of their local community. They are learning basic housekeeping, maintaining a house structure, demonstrating safety in using home appliances, maintaining a garden and shrubbery, and identifying mechanical and electrical elements of a home such as an HVAC system and breaker box. The teacher of this program received a grant to finacially support his vision for enabling our students to achieve competitive employment, improving their social skills, improving daily living skills, and enabling students to access appropriate community agencies. This program is further evidence that leadership is present throughout our district as teachers take the initiative to make things happen.

A Visit to James M Brown's Preschool Intervention Class

I recently visited the PIP class at James M Brown Elementary and couldn't help but smile as I watched several preschoolers participate in an exciting "hands-on" activity using a Smart Board. Before the lesson began, the teacher led the class in movement as they watched a video and sang a "prep" song reminding them of good listening and learning behaviors. Afterwards, every student was provided an opportunity to individually interact with the Smart Board while answering a question of the day. The teacher built on prior knowledge and experiences by having each boy (yes...all boys in this class) remember a recent field trip to a farm. The students were actively involved in the instruction as they voted "Yes" or "No" in response to "Did you eat the strawberries you picked at the farm?" The teacher was enthusiastic and energetic as she provided continuous positive feedback and praise. These preschoolers were having so much fun they likely didn't even realize they were learning very important skills: turn-taking, attending to the teacher, staying in your seat, the concepts of "Yes" and "No", social skills (acknowledging peers), and organizing information (they had to drag symbols to the correct place on the Smart Board screen). I bet coming to school is the best part of the day for many of these little ones.

Pre-planning is a Key Consideration in Manifestation Determination Reviews

In re: Student with a Disability, 53 IDELR 205 (SEA VA 2009), a due process case, an independent hearing officer concurred with a Virginia district that a student's disruptive behavior was planned and willful; therefore, it was not a result of his ADHD. Based on the student's explaination that he was trying to get attention, in addition to the comments of the teacher who confronted him after the incident, the manifestation determination review team correctly concluded that the student's behavior did not reflect the impulsivity commonly characterized by his disability.

Planning Undermines Impulse Control Argument

A state due process hearing (San Diego Unified School District, 109 LRP 54649 [SEA CA 08/12/08]) resulted in a decision that a California school district was justified in disciplining a student with a Specific Learning Disability and ADHD just as if he was a student without a disability. During a manifestation determination review, the IEP correctly concluded that the student's drug distribution did not have a direct and substantial relationship to the student's disability. Investigation into the incident revealed that his actions were not conducted on the spur of the moment but involved planning. Administrators are advised to conduct thorough investigations of behavior incidents so they can bring the information to manifestation determination hearings for the purpose of guiding decisions.

Middle School Student's Misconduct Determined Unrelated to ADD

In Hollingsworth v. Hackler, 53 IDELR 298 (Texas Court of Appeals 2009), the court reversed the denial of appellants' (principal and assistant principal) motions for summary judgment and rendered judgment that the parents take nothing on their Individuals with Disabilities Education Act claims brought under the Civil Rights Act. In this case the student made an obscene gesture at classmates who were making fun of him. An admission, review, and dismissal (ARD) committee meeting was held and the committee found that the student's behavior was not a manifestation of his attention deficit disorder. According to the case summary, a dispute ensued and the parents sued. The principal and assistant principal challenged the denial of their summary judgment motion under as to the parents' claim. On appeal, the court reversed and rendered judgment that the parents take nothing on this claim. The parents were members of the ARD committee that conducted the manifestation determination review of the student's behavior. The parents did not show that the disciplinary procedures applicable to children without disabilities required parental involvement in the school's disciplinary decisions, for purposes of 20 U.S.C.S. § 1415(k)(5)(A). There was no evidence that the district violated the student's rights under the Act by placing him in a disciplinary alternative education program for 45 days without referring the disciplinary decision to the ARD committee. Thus, principal and assistant principal were immune from individual liability to the parents for civil damages.

IDEA Does Not Require Students to be Classified by Their Disability

In Pohorecki v. Anthony Wayne Local School District, 53 IDELR 22 (N.D. Ohio 2009), a court determined that the IDEA does not require children to be classified by their disability type. It does require that a child identified as needing special education and related services be regarded as a child with a disability and that a free and appropriate public education be provided. The label or disability category assigned merely guides IEP teams as they develop an appropriate education plan. There was sufficient evidence in this case that the student met the IDEA's definition of ED and that classification was appropriate.