IDEA Archives - Fighting for Answers

You may remember about two months ago the school requested a facilitated IEP.

I am not going to include the whole document, just parts that I need to rebut. This will allow me to develop a response when I file our request for Mediation. I will also file a request for Due Process hearing at the same time. In addition, we will be filing our complaint against the district at the same time.

The school lists a summary of preceding events. I will post them as they are listed and then respond with links to specific sections of my blog that address those events more thoroughly.

I substituted the name of the school district with Home District and the students name with Student as necessary. I also substituted the name of the residential facilities as needed. I apologize for any confusion that arises from said substitution.

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Summary of Preceding Events

April 2011 – IEP Meeting to review “placement options” for student.
– Parent places student in CAPH day treatment program
– Student admitted to hospital because CAPH couldn’t handle him.
– Student Discharged from hospital psychiatric placement
– Hospital child psychiatrist recommends residential placement
– Student admitted to residential facility
July 17, 2011 – IEP at residential facility
November 23, 2011 – IEP revision: placement 1 hour per day at elementary school
December 8, 2011 – Residential Facility monthly staffing – discharge dates discussed
January 11, 2012 – Annual IEP: Placement options included
– Home district – needed and appropriate services not available.
– neighboring district – declined to accept student
– Day treatment program would accept student and had opening.
January 12, 2012 – Parents toured day treatment program.
– Parents refuse placement at day treatment program.
– Parents state that they will homeschool student, but don’t file paperwork with school
January 30, 2012 – home district principal requests facilitated IEP
– Facilitated IEP scheduled but parents cancel after agreeing to the date.
Davidh 12, 2012 – Facilitated IEP held at neutral location in home district. Meeting results in “impasse”.
Davidh 2012 – Home district requests service plan, none provided to date. Superintendent contacts family to request service plan again.

Summary of Issues for Mediation

IEP Placement for student has not been agreed upon by the IEP team.

Student continues to be placed in Home School by his parents.

No “Service Plan” has been provided by student’s parents despite requests made by the home district to do so.

The home School has continually indicated in multiple meetings that they are unable to provide the needed school program and services that the student requires.

Through the IEP process, the home district has explored placement options that would more appropriately meet the student’s educational needs.

The home district has recommended placement in a day program at a residential facility in a regional city as an appropriate placement because they have the services required for the student to be successful. This program has been willing to accept the student.

The home district has offered to pay costs associated with this placement including educational services and transportation.

The home district has maintained that the student has had almost no opportunity to demonstrate successful participation in a public school setting. Further they maintain that residential school at the group home to day programming at the residential facility is not only least restrictive but is a logical transition for the students long term placement in the home district.

The home district feels that it is necessary to have both parents participate in person if mediation is to be successful. Previous attempts at meetings in which the student’s mother has participated by phone conference have been unsuccessful.

The home district is requesting mediation to address the issues outlined above in an attempt to resolve differences with the student’s parents and come to an agreement about appropriate services for the student.

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In my next post, I will post a rebuttal that we would file if we thought remediation would work.

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We recently received an email from our state Family Voices organization that contained a link to an explanation of Special Factors in IEP development. Clicking on this link surprised us.

It is a Wrights Law page. For those of you who are new to Why Not Fathers, you should know that we are huge fans of Wrights Law. Here you can find many things about special education spelled out in a way that common people can understand. By common, I mean anyone who can read can understand what they are telling you.

This page gives the reader a number of questions that may apply to their situation. By clicking on the question, the reader is displayed the information in a pop-up window, which allows them to remain on the page while getting the opportunity to review the info.

We are especially impressed with how the information is displayed. Not only does Wrights Law give an answer to the question, they also reference which sections of IDEA apply to the question as well as a list of follow-up references that are directly related to the question asked. For example, the question is:

Question 2.

If my child’s behavior impedes her learning, should the IEP team refer her for a functional behavioral assessment (FBA)?

the answer is:

Answer

The law requires the IEP team to consider “special factors,” including behavior that impedes the child’s learning or the learning of other children, when they develop a child’s IEP.

When your child’s behavior has a negative impact on her ability to learn or her classmates’ ability to learn, the IEP team should refer her for a functional behavioral assessment. A FBA identifies the purpose a behavior serves for your child.

If the school changes your child’s placement for disciplinary reasons, the IEP team should complete a functional behavioral assessment.

The school should perform a behavioral assessment to see why your child may be acting out and what strategies will help your child. Those services should be added to her IEP. If your child has a BIP, an FBA will help determine if this plan should be modified, particularly before changing placement.

“If a child’s misconduct has been found to have a direct and substantial relationship to his or her disability, the IEP Team will need to conduct an FBA of the child, unless one has already been conducted. Similarly, the IEP Team must write a BIP for this child, unless one already exists. If a BIP already exists, then the IEP Team will need to review the plan and modify it, as necessary, to address the behavior.” US DOE

If your child’s behavior impedes her learning (or the learning of her classmates) or results in misconduct, parents should be aware of these questions:

Did the school complete a functional behavioral assessment on your child?

Did the IEP team develop a behavior intervention plan?

Did the IEP team develop positive behavioral interventions and strategies to address the behavior?

Did school personnel actually implement these positive behavioral interventions and strategies?

Did the school revise your child’s IEP and behavior plan to address the behavior that makes it difficult for your child to learn?

Did the school train your child’s teachers to use positive behavior interventions?

followed by:

Legal Resource

Wrightslaw: All About IEPs Chapter 7 – Special Factors in IEPs

Wrightslaw: Special Education Law, 2nd Edition

IDEA

20 U.S.C.§ 1414(d)(3)(B)

IDEA Regulations

34 C.F.R. § 300.324.(a)(2)

34 C.F.R. § 300.530.(d)(ii)

34 C.F.R. § 300.530.(f)(i) and (ii)

And then includes:

Additional Resources

Wrightslaw: All About IEPs. In Chapter 7 – Special Factors in IEPs you will find a “Sample Letter to Request Functional Behavioral Assessment and Positive Behavior Support Plan.

What You Need to Know About IDEA 2004: IEPs for Children with Behavior Problems

US DOE Q and A on Discipline Procedures – Section E

Discipline: Suspension, Expulsions and IEPs

Behavior Problems & Discipline: What Parents & Teachers Need to Know

“Child is Disrupting My Class – What Can I Do?”

Functional Behavior Assessments

NICHCY – Behavior Suite

NICHY – Special Factors/Behavior

Center for Effective Practice and Collaboration

National Technical Assistance Center on Positive Behavioral Interventions and Supports (PBIS)

Kudos Wrights Law for explaining things in terms everyone can understand. I wonder how many school administrators review your site…