A District's Failure to Invite the Student's Private Preschool Teacher Amounts to Denial of FAPE

Case managers of students with disabilities need to be mindful when selecting appropriate members to invite to IEP team meetings. In S.B. v. Pomona Unified School District, 50 IDELR 72, 2008 (WL 1766953), an LEAs failure to include the student's private preschool teacher, in this case the regular education teacher, was a procedural violation that resulted in a loss of educational opportunity for the child. In her presentation at the 19th Annual Counsel For Administrators in Special Education, Julie Weatherly expanded on this case in a handout. "Had the teacher been at the important IEP meeting, she could have shared her observations of the student's abilities and special needs from the year that the student was in her classroom. A preponderance of evidence shows that the teacher's participation at the November 2004 IEP meeting, as mandated by the IDEA, 'would have assisted the IEP team in devising a program that was better tailored to the Student's abilities and special needs.' Accordingly, the District's procedural violation of IDEA resulted in Student's loss of an educational opportunity and his denial of FAPE."

Do Special Education and Related Services Missed Due to Events Beyond the Control of the School Have to be Made Up at a Later Date?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, the IEP team must consider the services needed for the child to address IEP goals, acess the general curriculum, and participate in extracurricular and nonacademic activities with children without disabilities. In this context, the team should also discuss what is to be done when services are missed due to school closure, mandatory emergency drills, or absences of the child. For example, if a child with a learning disability needs help taking tests, that service isn't needed if the school is closed. However, if regular, ongoing physical therapy is needed to maintain mobility, the team must find a way for the services to be provided if school is closed.

Another consideration for the IEP team is whether a number of missed services would constitute a denial of FAPE. Again, the team would create a plan for those circumstances.

Should Students With Disabilities Begin Receiving Services the First Day of School?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, it depends on the frequency, location, and duration of services documented in the child's IEP. The IEP team must make an individual determination regarding when special education and related services will begin an end for each child. Some services may not be provided to the child until the 2nd quarter or second semester of the school year. Some children with disabilities may benefit from having the first week of school in general education in order to acclimate to new general education teachers, classrooms, expectations, and routines. Other children, such as children with autism, may need services beginning the very first day of school. Decisions regarding when special education and related serices will begin for a new school year are not to be based on the convenience of school staff, but the individual needs of each child. If the IEP is silent regarding provision of services during the first and last weeks of a school year, parents often presume services will be provided during that time. The IEP is to indicate when services begin and the frequency, location and duration of the services. This is to be clear to the parents and providers.

First Day of School

Yesterday I had the privilege of visiting West-Oak Middle School, Westminster Elementary School, Orchard Park Elementary, West-Oak High School, Fair-Oak Elementary, and Oakway Intermediate. I am continually amazed at the cleanliness of our facilities. I could practically see my reflection on the floors at WOMS. If you feel moved, please take a minute to thank your custodians for the wonderful job they are doing. I believe Oconee County has the finest facilities in the state.

If you are an SDOC teacher and I did not get a chance to see you yesterday, please know I will do my best to spend more time in classrooms this year. During my observations last year, I witnessed creativity and innovation and was able to share some great ideas on my blog. I intend to do the same this year as well. I will also continue to do IEP meeting walk-throughs as my GBE. If I plan to attend one of your meetings, I will email or call early that morning to let you know. Please know this is not an "I gotcha" measure. It is a way for me to leave positive written feedback, to offer suggestions to make your life easier, and to get to know all of you and your needs. I wish each and every one of you the best year yet in education. You are respected, valued, and appreciated more than you know. I look forward to working with all our SDOC special education teachers and support staff as we strive to meet our vision...helping each student succeed with appropriate support.

Take care,

Marge

If a Child Was Found Eligible for Special Education Under Emotional Disabilities Must They Have a Behavioral Goal Or May They Have Only Academic?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, measurable annual goals should never be dependent upon the child’s label; the goals 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 disability impacts their ability to access and progress in the general education curriculum. Based upon the information the IEP team has, the team 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 assessment the child may have need for a behavioral goal and/or and academic goal. Either would be appropriate. For children whose behavior has improved, celebrate the achievement, and continue to address the issues around how their disability impacts their ability to access and progress in the general curriculum.

I want to say "Thank You" to my faithful readers for hanging in there. We have covered chapters 1-4 of the Q and A section of the regulations. I will pick back up in August when school resumes. I hope you enjoy a wonderful summer break!

Can An Attorney Come To An IEP Meeting On Behalf of the Parent Or LEA?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, an attorney may attend an IEP meeting if the parents or LEA believe an attorney is needed. However, the presence of an attorney is strongly discouraged as it often sets an adversarial tone for the meeting. If the attorney is coming at the invitation of the LEA they must be included on the notice of meeting provided to the parents. Parents are encouraged, but are not required, to inform the LEA of any additional persons they are bringing regardless of who they are.
In the School District of Oconee County, if a parent brings an attorney to an IEP meeting and the district does not have legal counsel present the meeting is postponed until a mutually agreed upon time when both parties have attorneys. It is extremely important that special education teachers schedule their annual review IEP meetings at least one week in advance of the expiration date of the IEP in the event the meeting needs to be rescheduled for any reason.

Can IEP Meetings Be Recorded on Audio or Video Recorders?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, there is no federal or state statute or regulation that either authorizes or prohibits the recording of an IEP meeting by either a parent or a school official. The district has the option to require, prohibit, and regulate the use of recording devices at IEP meetings. If there is a local policy that prohibits or limits the use of recording devices at IEP meetings, that policy must provide for exceptions if they are necessary to ensure that the parent understands the IEP or the IEP process or to ensure parental rights guaranteeed under Part B. If a policy is adopted by a LEA it should also ensure that it is uniformly applied. Additionally, any recording of an IEP meeting maintained by the school is an "education record" within the meaning of the Family Educational Rights and Privacy Act ("FERPA": 20 U.S.C. 1232g.), and is subject to the confidentiality requirements of both FERPA and IDEA.)

In Oconee County, most meetings are not recorded. If a parent, agency representative, or other team member not affiliated with the school district chooses to record the meeting, the LEA or other school representative at the meeting should also record. If a recorder is not available, the meeting should be postponed until one can be located.