Tuesday, July 30, 2013
Wrightslaw is live blogging from the Institute of Special Education Advocacy (ISEA) all week. We hope you will join us!
Today’s topics include:
- Understanding Evaluations, Tests & Measurements
- Behavioral Issues in Schools
- Experts as Fellow Advocates / Witnesses
- Advocacy for Child in the Delinquency System: Reversing the School-to-Prison Pipeline
3:26 pm Wrightslaw
Advocacy for Children in the Delinquency System: Reversing the School-to- Prison Pipeline
Joe Tulman – Director the University of the District of Columbia David A. Clarke School of Law’s (UDC-DCSL) Juvenile and Special Education Law Clinic.
The US is the most incarcerated country!
Part of the Problem -
- Children from low-income families
- Children of color
- Children with disabilities
- Failure to educate generally
- Failure to comply with IDEA
- Suspension & expulsion
- Lack of transition services
Discussion of special education strategy for change. The negative impact of suspension – it’s counter productive.
Other approaches for reversing the school to prison pipeline. Alternatives to juvenile detention. Destroying the incentive to push kids out.
Statutory basis 20 USC 1415 (k)(6)
Assignment – class work: problem solving strategies (special education and the stages of a delinquency case).
- “Breaking Schools’ Rules”
- Teske and Huff
- Missouri Model
1:39 pm Wrightslaw
Discipline of Children with Special Needs
Bill Reichhardt, Attorney
Procedural protections for children who have yet to be found eligible.
When the school is deemed to have knowledge of a child’s disability.
- Short and long term suspensions
- Ten day rule
- Removals that act as placement changes
- Repeated, cumulative, consecutive
- Continuation of services
- In school suspensions
Manifestation Determination Review
MDR – Required legal process done by the IEP Team. If a manifestation, the disciplinary suspension must end and the behavior must be addressed through the IEP process.
Preparing for the MDR – tactics from the trenches.
FBA / Development of a BIP / modification of the BIP
Discussion of special circumstances when MDR is not required.
When the behavior is not a manifestation the student is subject to the same discipline as others without a disability (but services continue).
Exclusion prevention discussion.
11:55 am Wrightslaw
Experts as Fellow Advocates / Witnesses -
with Harry Gewanter – Richmond, Virginia pediatrician and pediatric rheumatologist in private practice and the Associate Medical Director of Medial Home Plus, Inc.
“You can’t live without them – can’t shoot them.”
Dr. Gewanter begins with a discussion of what you need to assess about an expert – benefits v. potential conflicts.
What you may need to teach your expert.
Role of an Expert in a Special Education Case-
with Bill Reichhardt, Esquire, Fairfax, VA
When do I need an expert? Consider the “diagnostic disconnect” – the agreement on the nature and scope of a child’s disability.
- Determination of accurate medical and/or psychological diagnosis
- Impact of diagnosis on student’s ability to learn or behavior
- Most effective methodology for teaching or behavior modification
How an expert works with a special education advocate and forms of expert information. Review of how to prepare an expert for collaboration in a special education case.
10:54 am Wrightslaw
Behavior Issues in Schools
Emily Suski, Assistant Clinical Professor at Georgia State University College of Law
Joe Tulman, Director the University of the District of Columbia David A. Clarke School of Law’s (UDC-DCSL) Juvenile and Special Education Law Clinic.
Child Find and RTI. RTI can be done simultaneously but cannot delay an evaluation. 34 CFR 300.304-300.311. OSEP Opinion 11-7, Jan 21, 2011
Behavioral issues and special education eligibility – provision of FAPE. Adverse impart on educational performance: tie the behavioral issues to the disability. Advocates job to get everyone on the same track.
Disability categories – you need to know both federal and your state categories.
Eligibility and good grades and adverse impact.
Behavioral Issues and Section 504 – entitles students to accommodations. If you suspect a disability, you must evaluate. 504 plan – advantages / disadvantages.
Behavioral Issues and the IEP
- Present Levels / Needs and goals must be aligned per IDEA
- IEP goals / Progress
- Related Services
- Parent training in the IEP
Functional Behavior Assessments and BIPs
Supposed to determine the “cause” of the behavior – not all FBAs are “good” ones. Very little guidance about contents FBAs in the regulations.
Review of bullying and special education – the bully and/or the victim with an IEP.
Jeffrey Breit joins the ISEA Class of 2013 for sessions today.
Jeffrey Breit, 2008-2009 St. George Tucker Adjunct Professor of Law and partner at Breit, Drescher, & Imprevento.
Jeffrey provided the impetus to create the PELE Special Education Advocacy Clinic at William and Mary.
9:08 am Wrightslaw
Psychometrics 101 by Beth Heller, Ph.D., LCP, NCSP,
Virginia Commonwealth University
Why do we measure?
Scales of Measurement and terminology.
- Measures of central tendency
- skewed distribution
- standard deviation
- raw scores
- standard scores
- conversion of scores
- age/grade equivalents
- Standard Error of Measurement (SEM)
- Confidence Interval
- Statistical Significance
- Test Reviews
- Regression v failure to progress
How to request test information? What to request?
Graphing and charting scores.
Classwork / practice examples.
Check PAR website – Bell curve diagrams