Congratulations Denise...We Are Proud!!!

Follow the link below to watch an inspiring video about Denise Oliver, a School District of Oconee County Golden Apple Award Winner. Way to go, Denise!!!

http://www.wyff4.com/video/18206822/index.html

We're Proud of Our Students at Westminster Elementary!

Follow the link below to to learn how special kids are making a difference.

http://www.upstatetoday.com/news/2008/dec/06/westminster-elementary-school-special-education-cl/

Who Can Give Consent for a Student's Educational Program?

Parents and/or legal educational decision makers must be given Prior Written Notice and the request for consent whenever a school proposes to initate or change (or refuses to initiate or change) the identification, evaluation, placement or educational services of a child with a disability. Parents may then provide or withhold consent for decisions regarding these matters. Consent from one parent is sufficient, even if the other parent refuses to consent.
On or before the student's 17th birthday, the IEP of the student must contain a statement that the student has been informed that at age 18, he/she has attained the age of majority in South Carolina and all parent rights transfer to him/her. Thus, at age 18, students become their own educational decision makers.
The only situation in which rights do not transfer to the student at age 18 is when a court has judged the student to be unable to fulfill his/her responsibilities (determined the student to be incompetent). When this has occurred, the district must provide Prior Written Notice and obtain informed consent from the person whom the court has appointed as the legal guardian. Schools may provide parents information about other options and resources about this topic.

This Q and A was taken from South Carolina's Parent Rights in Special Education (Procedural Safeguards) p. 13.

Small v. Shelby County Schools

In Small v. Shelby County Schools, 49 IDELR 195 (Tenn. Ct. App. 2008), it was ordered that a school pay $130,000 in hospital bills for a student with severe asthma because of its failure to provide notice of the student's medical condition to the physical education teacher. The district had a procedure for notifying medical concerns of students to all appropriate teachers; however, they did not follow it so the district was liable. However, since the parents did not request an adapted PE program, they were 20% responsible for the injury.
LEA's must take the initiative to do what is in the best interest of students and follow procedures for disseminating information.

What Could Happen If a Teacher Refuses to Follow the Accommodations and/or Modifications Set Forth in a Student's IEP?

It could cost them thousands of dollars. Doe and Doe v. Withers, 20 IDELR 422 (Civil Action No. 92-C-92) was the first special education jury trial and the first special education dollar damage case. In this situation, a high school history teacher failed to follow IEP prescriptives to provide oral testing to one of his failing special education students. The teacher resigned after being notified in writing several times by the special education coordinator at the school to provide the accommodation. A substitute teacher began providing the accommodation and the student's grade improved. The parents sued and the student was awarded $5000 compensatory damages and $10,ooo in punitive damages plus attorney fees and court costs from the teacher. The principal, superintendent, and school board were dismissed because documentation supported they told the teacher to provide the accommodation.

In Mark H. v. Lemahieu, 49 IDELR, 513 F.3d 922 (9th Cir. 2008) it was determined that money damages are not available under the IDEA for allegations of a denial of FAPE; however, money damages may be sought under Section 504 for a denial of FAPE.

If a student's IEP calls for accommodations and modifications, they must be provided....no "If's", "And's", or "But's".

Change the Frame

In William Ury's book Getting Past No, he explains a third barrier to joint-problem solving: the other sides's positional behavior (i.e., taking a stance and determining they are going to get the other side to give in). Oftentimes, the natural response to positional behavior is advancing our own positions which often leads nowhere. Ury suggests...

• Treat your opponent like a partner--accept their point of view and reframe it as an opportunity for joint problem-solving.


• Identify interests and invent creative options


• Ask open-ended questions like "Why do you want to do that?", "Help me understand the problem you are trying to solve.", "Why not do it this way?" and "What if we tried it like this?" (be mindful of your body language, tone, facial expressions)


• Ask for the other side's advice

According to Ury, "The way to change the game is to change the frame."

If a Child Was Found Eligible For Special Education Under Emotional Disabilities Must They Have a Behavioral Goal?

According to Parent Rights in Special Education (Procedural Safeguards) distributed by South Carolina's Office of Exceptional Children at the State Department of Education...

"Measurable annual goals should never be dependent upon the child's label: they should always be related to the individual child's needs. Therefore, some ED students will need behavioral goals, but others may not. The issue with many children with ED is that their behavior has interfered with their learning for so long, that even when their behavior comes under better control, they frequently continue to have academic deficits. The present levels should clearly describe how the child's disabilty impacts their ability to access and progress in the general education curriculum. Based upon the information the IEP Team has they will need to prioritize needs and identify the goals, accommodations, behavior plans or other services needed to address the impact of the disability. Depending upon the results of the assesssment the child may have a need for a behavioral goal and/or an academic goal. Either would be appropriate. For children whose behavior has improved, celebrate the achievement, and continue to address the issue around how their disability impacts their ability to access and progress in the general curriculum."