In addition to the information that must be considered when developing any IEP document, and in addition to the required IEP content, the IDEA requires the IEP team to take into consideration "special factors" in specifically designated circumstances. Those situations give rise to additional information that often must be addressed and included in the IEP document.
Under 20 U.S.C. section 1414(d)(3), Special Factors to be considered by the IEP Team include the following:
Behavior needs and behavioral interventions
"In the case of a child whose behavior impedes the child's learning or that of others, [the IEP Team shall] consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior." 20 U.S.C. section 1414(d)(3)(B)(i).
In consideration of this special factor, the IEP team first has to determine whether the child's behavior impedes his/her learning or that of others. This determination can be based on data from a variety of sources, including teacher input, observational data, or an assessment in this area, such as a Functional Behavior Assessment (FBA). A child's behavior can be determined to "impede" learning based on a number of reasons. If the child's behavior results in removal from class because of disciplinary reasons, this may "impede" his/her learning because he/she is not available in the classroom to recieve instruction. If the child's behavior is disruptive, it may impede the learning of others because they lose instructional time. The team's determination with regards to this issue should be clearly documented within the IEP, so that information regarding what behaviors specifically exist and how they impede the learning of the child or others is clear to all of those developing and implementing the IEP.
Once the determination is made that behaviors exists that impede the learning of the child or others, then the IEP team is mandated to consider the use of strategies and supports to address that behavior. The IDEA refers to "positive behavior interventions and supports" as well as "other strategies."
Language Needs
"In the case of a child with limited English proficience, consider the language needs of the child as such needs relate to the child's IEP." 20 U.S.C. section 1414(d)(3)(B)(ii)
Instruction in Braille
"In the case of a child who is blind or visually impaired, [the IEP Team shall] provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the child's reading and writing skills, needs and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille is not appropriate for the child." 20 U.S.C. section 1414(d)(3)(B)(iii)
Communication needs
The IEP Team shall "consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's langauge and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode." 20 U.S.C. section 1414(d)(3)(B)(iv)
Assistive Technology
The IEP Team shall "consider whether the child needs assistive technology devices and services." 20 U.S.C. section 1414(3)(B)(v).
Assistive Technology services under the IDEA means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. See 20 U.S.C. 1401(2); 34 CFR 300.6. Assistive Tecnology devices are pieces of equipment or other items utilized to maintain or to improve the child's functional capabilities and enable them to access their learning environment and the curriculum. An AT device can be something high-tech, like advanced computer softward or devices, or something as low-tech as a pencil grip.
The IEP team is required to consider the child's unique needs and make a determination regarding whether the child requires AT. If the child does require AT, this must be documented within the IEP. It may not be necessary for the District to write in the exact device name, but enough information should be included to specify what type of device is to be used and what purpose it will serve, as well as what services will be provided to the child (including frequency and duration) related to the device.
Showing posts with label behavioral needs. Show all posts
Showing posts with label behavioral needs. Show all posts
Thursday, November 4, 2010
Friday, September 3, 2010
Fast Fact Friday: Special Factors
In addition to the "required content" for Individualized Education Plans, the I.D.E.A. sets forth five "special factors" that IEP teams are required to consider in development of the special education student's program:
1. Positive Behavioral Interventions - "in the case of a child whose behavior impedes the child's learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior;"
2. Language Needs - "in the case of a child with limited English proficiency, consider the language needs of the child as those needs related to the child's IEP;"
3. Braille - "in the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team determines after an evaluation... that instruction in Braille is not appropriate for the child;"
4. Communication mode - "consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode;"
5. Assistive Technology - "consider whether the child needs assistive technology devices and services."
34 C.F.R. section 300.324(a)(2).
1. Positive Behavioral Interventions - "in the case of a child whose behavior impedes the child's learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior;"
2. Language Needs - "in the case of a child with limited English proficiency, consider the language needs of the child as those needs related to the child's IEP;"
3. Braille - "in the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team determines after an evaluation... that instruction in Braille is not appropriate for the child;"
4. Communication mode - "consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode;"
5. Assistive Technology - "consider whether the child needs assistive technology devices and services."
34 C.F.R. section 300.324(a)(2).
Friday, July 24, 2009
Related Services: Counseling
Under the IDEA Counseling is a related service, defined as services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel. See CFR 300.34(c)(2).
Related services include psychological counseling when it is required for a student to receive FAPE. See 34 CFR 300.34(c)(10). A school district, however, may be required to provide psychological counseling services even in situations where counseling is not needed primarily for educational purposes. In Doe v. Anring, the court found that psychotherapy and group therapy were required to assist the student to benefit from special education and were therefore "related services" under federal law. See Doe v. Anrig, 558 IDELR 278 (D. Mass. 1987).
If a student has emotional and behavioral disorders they may be entitled to receiving counseling services for therapeutic as well as educational benefit. If a student is emotionally or behaviorally disturbed, the connection between improving emotional difficulties, coping skills or social skills and increasing a student's ability to benefit from special education is fairly clear. In Sacramento City Unified School District, the student in question had intellectual abilities in the high average range but his classroom performance was below his ability. He displayed little to no behavior issues within the confines of the structured classroom setting but out of the classroom his behaviors included physical abuse of other children. The court found that he qualified for special education and related services, including counseling. See Sacramento City Unified School District, 509 IDELR 171 (SEA CA 1987).
Psychotherapy can either be a related service or a medical service, for which the LEA would not be responsible. The distinction is drawn based on the identity of the provide and the relation of the therapy to the child's educational needs. Typically, services that can only be provided by a psychiatrist are classified as medical services. If the psychotherapy services can be provided by other professionals, such as social workers, psychologists or guidance counselors, then those services will be considered related services if they are required to assist a child benefit from his or her special education.
Wednesday, July 22, 2009
Breaking Down the IEP: Measurable Annual Goals
The IDEA requires the written IEP document to include measurable annual goals to address the child's unique needs. Goals are based upon the child's present levels of performance, and should drive the child's services. Therefore, goals are often consider the "core" of the student's IEP.
Specifcially, the IDEA requires:
"a statement of measurable annual goal, including academic and functional goals, designed to (aa) meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum; and (bb) meet each of the child's other educational needs that result from the child's disability."
20 U.S.C. section 1414(d)(1)(A)(i)(II).
What are Annual Goals?
OSEP and the Appendix to the IDEA 1999 regulations both have defined annual goals as "statements that describe what a child with a disability can reasonably be expected to accomplish within a 12-month period, in the child's special education program." Letter to Butler, 213 IDELR 118 (1988); Notice of Interpretation, Question 4, Appendix A to 34 C.F.R. part 300 (1999 regulations).
What needs should be addressed?
Proper and complete identification of a child's unique needs is key to writing good goals for the IEP. Evaluation data, input from persons working with the child, and information about what the child should be able to do at this grade level, all may be relevant when developing proposed annual goals. If the team has considered all relevant information and drafted clearly stated and sufficiently comprehensive PLOP, then identifying areas that need to be addressed in annual goals will be much easier. By definition, goals should address a child's unique needs related to the following:
(1) IEP must include both academic and functional goals
As discussed in the previous posts, IEP teams are now explicitly required to address both academic and functional areas when developing a program for the child. "Educational benefit" has long been defined as including both academic and non-academic areas. Since ultimately the IEP must be reasonably calculated to provide educational benefit to the student, it logically follows that all components of educational benefit should be considered when determining what goals are necessary, even if those areas are not strictly related to academic progress.
Academic goals relate to what the child will be expected to learn and accomplish in the coming year in the areas of reading and language arts, math, social studies and history, and science.
Functional goals related to what progress the child will be expected to make in the coming year in areas, skills and activities that are non-academic and related to the child's day to day functional skills, like behavior, communication, independent living skills, social skills, etc.
(2) "Enable the child to make progress in the general education curriculum"
The IDEA specifically states that goals must be included for each child with a disability to meet the child's needs arising from the disability in order to enable that child to make progress in general education curriculum. There is nothing in the statute that indicates that this provision only requires to students who are in a general education classroom, or to students with a certain level of general intelligence and ability, or that it does not apply if the student has a "severe" disabilty.
The decision of what progress towards general education curriculum would be appropriate is of course an individualized decision based upon factors related to that individual child. Certainly, not every child will be able to meet grade level standards. However, every child can be given the opportunity to make progress in general education curriculum appropriate to their individual strengths and needs. Because this debate is a frequent issue in IEP meetings, it has been addressed more thoroughly in a previous blog post.
(3) "Meet other educational needs that arise from the disability"
The term "educational" is broader than merely academics. Educational benefit can include both academic and non-academic areas. It is important to remember this framework when considering the need for goals to "meet each of the child's other educational needs."
Other educational needs may include speech, language or communication deficits, social skills difficulties, behavioral needs, recreation and leisure, independent living, motor skills, etc. Focus on the "big picture" of what an educational program should be accomplishing, and utilize assessment data, PLOP, and input from team members to determine what areas need to be addressed.
Remember that the IDEA says "each of the child's other educational needs," not "the most important needs." The IEP team needs to make sure that the goals are attainable and appropriate, and it therefore may not be appropriate to have a huge amount of goals. However, when the District says "we only write goals to address the most important areas," or "we have to prioritize and pick only some areas of need to address," this isn't exactly conducive with the IDEA's language. Instead, the IEP needs to include a goal for each area of educational need a child has that arises from that child's disability.
What does it mean for goals to be "measurable?"
To be measurable, a goal must be written clearly with sufficient information to allow an objective person to understand what skill is being addressed and exactly what should be accomplished in order for the child to reach the goal. IEP teams should be wary of goals that are vague or that contain broad generalized statements about "improving" in an area or "increasing" a skill, without specifying what that means. A goal that says that the child will "improve" in his/her skills in a specific area provides little more information than what area of need is being addressed. Ask yourself how the child will improve, how it will be demonstrated, and what specific skill is being addressed.
If the IEP team has developed clear statements of the child's PLOP, writing measurable goals will be much easier. The PLOP can be used to establish clear baselines as a "starting place" for the proposed goals. If the baseline is clear, it is easier to determine how to write an annual goal that will ensure progress and will be measurable. For example, if the PLOP indicates that the child's current fluency rate is at 50 words per minute, the IEP team has enough information to draft a goal that would be at a higher rate, and has specific enough data to make that goal measurable (i.e. the child will read at a rate of 100 words per minute).
Avoid goals that are subjective, because these will not be clearly measurable by whomever is implementing the IEP. A good point of reference is to think "if I had to take this IEP to a new school district who had not been involved in this meeting, would they know how to implement this goal and measure it?"
Examples:
Measurable Goal: Child will engage in a conversation with a peer for 5 minutes, demonstrating at least two conversational turns and remaining on topic.
Vague / Not Measurable: Child will improve conversational skills with peers.
Measurable Goal: Child will demonstrate ability to read 50 new grade level sight words with 90% accuracy in 3 out of 4 trials.
Vague / Not Measurable: Child will increase reading of sight words.
What is the relationship between goals and services, instruction & the provision of FAPE?
IEP goals should drive specialized instruction and related services. The goals establish what the child is expected to learn and accomplish within the special education program. Once the goals have set forth a roadmap for the child, the IEP team must consider what specialized instruction and related services will be required to get there.
An IEP that is found to have insufficient or inappropriate goals will in many cases be found to deny a student FAPE. This is because when the IEP goals are not based on the child's needs, the program itself likely will not be able to meet the child's needs and provide educational benefit. Goals, therefore, have vital importance to the development of an overall appropriate program for an individual child!
Specifcially, the IDEA requires:
"a statement of measurable annual goal, including academic and functional goals, designed to (aa) meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum; and (bb) meet each of the child's other educational needs that result from the child's disability."
20 U.S.C. section 1414(d)(1)(A)(i)(II).
What are Annual Goals?
OSEP and the Appendix to the IDEA 1999 regulations both have defined annual goals as "statements that describe what a child with a disability can reasonably be expected to accomplish within a 12-month period, in the child's special education program." Letter to Butler, 213 IDELR 118 (1988); Notice of Interpretation, Question 4, Appendix A to 34 C.F.R. part 300 (1999 regulations).
What needs should be addressed?
Proper and complete identification of a child's unique needs is key to writing good goals for the IEP. Evaluation data, input from persons working with the child, and information about what the child should be able to do at this grade level, all may be relevant when developing proposed annual goals. If the team has considered all relevant information and drafted clearly stated and sufficiently comprehensive PLOP, then identifying areas that need to be addressed in annual goals will be much easier. By definition, goals should address a child's unique needs related to the following:
(1) IEP must include both academic and functional goals
As discussed in the previous posts, IEP teams are now explicitly required to address both academic and functional areas when developing a program for the child. "Educational benefit" has long been defined as including both academic and non-academic areas. Since ultimately the IEP must be reasonably calculated to provide educational benefit to the student, it logically follows that all components of educational benefit should be considered when determining what goals are necessary, even if those areas are not strictly related to academic progress.
Academic goals relate to what the child will be expected to learn and accomplish in the coming year in the areas of reading and language arts, math, social studies and history, and science.
Functional goals related to what progress the child will be expected to make in the coming year in areas, skills and activities that are non-academic and related to the child's day to day functional skills, like behavior, communication, independent living skills, social skills, etc.
(2) "Enable the child to make progress in the general education curriculum"
The IDEA specifically states that goals must be included for each child with a disability to meet the child's needs arising from the disability in order to enable that child to make progress in general education curriculum. There is nothing in the statute that indicates that this provision only requires to students who are in a general education classroom, or to students with a certain level of general intelligence and ability, or that it does not apply if the student has a "severe" disabilty.
The decision of what progress towards general education curriculum would be appropriate is of course an individualized decision based upon factors related to that individual child. Certainly, not every child will be able to meet grade level standards. However, every child can be given the opportunity to make progress in general education curriculum appropriate to their individual strengths and needs. Because this debate is a frequent issue in IEP meetings, it has been addressed more thoroughly in a previous blog post.
(3) "Meet other educational needs that arise from the disability"
The term "educational" is broader than merely academics. Educational benefit can include both academic and non-academic areas. It is important to remember this framework when considering the need for goals to "meet each of the child's other educational needs."
Other educational needs may include speech, language or communication deficits, social skills difficulties, behavioral needs, recreation and leisure, independent living, motor skills, etc. Focus on the "big picture" of what an educational program should be accomplishing, and utilize assessment data, PLOP, and input from team members to determine what areas need to be addressed.
Remember that the IDEA says "each of the child's other educational needs," not "the most important needs." The IEP team needs to make sure that the goals are attainable and appropriate, and it therefore may not be appropriate to have a huge amount of goals. However, when the District says "we only write goals to address the most important areas," or "we have to prioritize and pick only some areas of need to address," this isn't exactly conducive with the IDEA's language. Instead, the IEP needs to include a goal for each area of educational need a child has that arises from that child's disability.
What does it mean for goals to be "measurable?"
To be measurable, a goal must be written clearly with sufficient information to allow an objective person to understand what skill is being addressed and exactly what should be accomplished in order for the child to reach the goal. IEP teams should be wary of goals that are vague or that contain broad generalized statements about "improving" in an area or "increasing" a skill, without specifying what that means. A goal that says that the child will "improve" in his/her skills in a specific area provides little more information than what area of need is being addressed. Ask yourself how the child will improve, how it will be demonstrated, and what specific skill is being addressed.
If the IEP team has developed clear statements of the child's PLOP, writing measurable goals will be much easier. The PLOP can be used to establish clear baselines as a "starting place" for the proposed goals. If the baseline is clear, it is easier to determine how to write an annual goal that will ensure progress and will be measurable. For example, if the PLOP indicates that the child's current fluency rate is at 50 words per minute, the IEP team has enough information to draft a goal that would be at a higher rate, and has specific enough data to make that goal measurable (i.e. the child will read at a rate of 100 words per minute).
Avoid goals that are subjective, because these will not be clearly measurable by whomever is implementing the IEP. A good point of reference is to think "if I had to take this IEP to a new school district who had not been involved in this meeting, would they know how to implement this goal and measure it?"
Examples:
Measurable Goal: Child will engage in a conversation with a peer for 5 minutes, demonstrating at least two conversational turns and remaining on topic.
Vague / Not Measurable: Child will improve conversational skills with peers.
Measurable Goal: Child will demonstrate ability to read 50 new grade level sight words with 90% accuracy in 3 out of 4 trials.
Vague / Not Measurable: Child will increase reading of sight words.
What is the relationship between goals and services, instruction & the provision of FAPE?
IEP goals should drive specialized instruction and related services. The goals establish what the child is expected to learn and accomplish within the special education program. Once the goals have set forth a roadmap for the child, the IEP team must consider what specialized instruction and related services will be required to get there.
An IEP that is found to have insufficient or inappropriate goals will in many cases be found to deny a student FAPE. This is because when the IEP goals are not based on the child's needs, the program itself likely will not be able to meet the child's needs and provide educational benefit. Goals, therefore, have vital importance to the development of an overall appropriate program for an individual child!
Monday, July 20, 2009
Breaking Down the IEP: Present Levels of Performance
When an IEP team is convened to discuss the program and services for a student with a disability, the school district is responsible for ensuring that a written document is created. An IEP is defined as "a written statement for each child with a disability that is developed, reviewed, and revised in accordance with [the IDEA]." 20 U.S.C. section 1414(d)(1)(A). There are specifically delineated portions of this "written statement" that make up required content for an IEP.
The first on the IDEA's list of required content is "present levels of performance;" often referred to by its acronym, "PLOP."
PLOP means:
"A statement of the child's present levels of academic achievement and functional performance, including (aa) how the child's disability affects the child's involvement and progress in the general education curriculum; (bb) for preschool children, as appropriate, how the disability affects the child's participation in appropriate activities; and (cc) for children with disabilities who take alternative assessments aligned to alternative achievement standards, a description of benchmarks or shortterm objectives."
Present levels of academic achievement
Academic achievement refers to a child's performance in academic areas, including reading and language arts, math, science, and history or social studies. This refers to what your child knows and can do at the present time as related to the core academic subjects. PLOP in academic achievement should provide the team with information about what the child's skills are. How are the child's reading and math skills as compared to the general education curriculum standards? Did your child meet his / her previous goals related to academics? What level were those goals set at, and if your child did not meet the goals, what level did he/she reach? What does your child's report card say about their performance?
Present levels of functional performance
Functional performance refers to a child's skills and achivement in areas that are "not considered academic or related to a child's academic achievement." See Commentary, Federal Register, at page 46661. Functional skills include areas such as daily living activities, motor skills and communication. Because PLOP must address both academic and functional performance, the IEP team needs to consider all areas of need arising from the child's disability when developing PLOP, regardless of if these areas directly impact academic achievement. Consider factors such as your child's ability to communicate in the classroom and with peers, your child's motor skills needs, any difficulties with organization or work habits, how your child socializes, etc. Ask the teachers for input about how your child "functions" on a day to day basis as compared to other kids his/her age.
How the child's disability impacts involvement and progress in general education
The requirement that PLOP specifically address how the disability impacts involvement and progress in general education curriculum should be considered when developing both PLOP for academic performance and PLOP for functional performance. When considering a child's academic achievement, for example, it is important to compare this to what the child is expected to do / learn in order to make progress in general education curriculum. If your child's disability affects his / her reading skills to the extent that this impacts her progress towards general education curriculum standards, for example, this needs to be noted in the PLOP. In the areas of functional skills, any functional performance deficit that affects how the child can participate in the curriculum should be noted as such. Additionally, the IEP document should consider, as a whole, how the disability impacts involvement in general education. Does the child's disability require a specialized setting or specialized instruction that cannot be provided in general education? Does the child's disability require modifications to the general education curriculum? These are issues the team should be considering when developing PLOP.
Preschool children
There is nothing in the law that states that IEPs for preschool children do not have the same requirements for content as for other students. There is, however, a consideration in the requirement for PLOP regarding preschool children in terms of access to age appropriate activities. For preschool children, it may be the case that they are not yet being taught "general education curriculum," and there may not be specific curriculum standards that apply. Instead, there may be "readiness skills" and developmentally appropriate activities, designed to get the child ready for a Kindergarten program. The IDEA recognizes this, and requires that when appropriate, the IEP document include a statement of PLOP related to how the child's disability impacts his/her ability to be involved in age appropriate activities.
Alternative achievement standards
Prior to IDEA 2004, the IEP was required to include a statement of goals that includes objectives or benchmarks towards meeting those goals for all students with disabilities. IDEA 2004 removed this language under "goals" and instead included additional language under the provision for PLOP. Students who are assessed using "alternative measures" that are aligned to alternative achievement standards, rather than general education standards, require shortterm benchmarks in order to measure their progress towards goals. Although this is now included under PLOP, it will be fully discussed in the next blog post in this series, which addresses goals.
Importance of PLOP to the IEP process
A clear and accurate statement of a child's present levels of performance, both in academic and functional areas, is the foundation for establishing a good IEP. PLOP provides the team with a baseline from which to develop goals, consider necessary services, discuss appropriate specialized instruction, and ultimately develop a program that will meet the child's unique needs and provide educational benefit. If the PLOP is vague, inaccurate or incomplete, then the IEP will likely not address each of the child's unique needs arising from his/her disability.
A sufficient statement of the child's PLOP is also critical for meaningful parent participation. Without accurate and complete information about how a child is performing and functioning, it would be impossible for a parent to be fully informed and to meaningfully participate in discussions regarding the child's unique special education needs.
For example, in an Oregon case, the ALJ concluded that the school district denied FAPE to the student, based in part on the finding that the district repeatedly failed to report the student's current performance or issue reports that documented progress towards IEP goals. The ALJ noted that mere identification that the child had "ongoing educational difficulties" was not enough for a statement of PLOP, noting that the parent did not have enough information regarding how the PLOP was related to the child's IEP goals. The ALJ found fault with the district's "recycling" of PLOP from year to year without updating the information.
Ashland School District, 47 IDELR 82 (SEA OR 2007).
In a New Mexico case, an appeal officer found that the District had denied FAPE to a student because the parents were denied meaningful participation in the IEP process. The IEP documents failed to include a statement of the student's present levels of performance, particularly in the area of reading, and did not include adequate information to allow the parent to fully participate in the development of a program. Because the IEP lacked information about the student's PLOP, parent had an erroneous belief that he continued to require a restrictive placement in a separate facility to recieve adequate specialized instruction. Although the district "recommended" a less restrictive setting, it continued to place the child in the specialized program due to the parent's request. The judge noted that this placement was inappropriate, and that the parent only requested it because of the lack of information she was provided regarding her child's current academic performance.
Rio Rancho Pub. Schs., 40 IDELR 140 (SEA NM 2003).
How specific should PLOP be?
The statement of PLOP should be specific enough to clearly establish with sufficient detail what the child's particular needs are in each area. Vague statements are not sufficient to lay an adequate foundation for a good IEP. The child's levels of performance need to be clearly defined so that anyone reading the IEP and working with the child has sufficient information to be able to address those needs and measure progress.
For example, in a New York case, the state review officer determined that the school district's IEP was inappropriate because the document did not contain sufficient details regarding the child's present levels of performance and specific special education needs. The IEP in question stated that the child had "difficulties" in motor skills and functional communication, but did not identify any specific difficulties that arose for this child. The vagueness of the statement of PLOP meant that the goals were not designed to match the student's actual needs, and therefore there was not a sufficient "foundation" for development of an appropriate program.
In re Child with a Disability, 50 IDELR 236 (SEA NY 2008)
Where information is derived from
Information contained within a statement of PLOP may come from a variety of sources, such as progress reports from previous IEP goals, report cards demonstrating a student's academic achievement in the classroom, informal observations, data collection, formal evaluations, teacher input, etc. Remember those things that the District must "consider" when developing the IEP, as discussed in the previous post. The District should take into consideration a variety of sources of input to develop PLOP that accurately, completely and specifically identifies the child's strengths and weaknesses in each area.
Parent participation in development of PLOP
Parent participation is critical to the development of a procedurally and substantively appropriate IEP, and there is nothing to support an argument that parents should not participate in the development of PLOP. As discussed in the previous post, the "concerns of the parent" are a part of what must be considered when developing the IEP. If the parent concerns are relevant to what the child's current levels of performance and achievement are, it would be appropriate for these concerns to be considered when developing PLOP. On a logical basis, it would be irrational for the District not to include relevant and accurate information provided by the parent in relation to what the child currently knows and can do.
Parents should prepare for the IEP meeting by carefully considering for themselves what the child's PLOP are in areas related to academics and functional skills. Look over information you have been provided throughout the year from your child's teachers and service providers. Make sure you have copies of any statewide or standardized testing results, report cards, progress reports, and evaluations. Make a list of what you see as important performance and achievement information from this information, and use that as a "checklist" when discussing PLOP with the IEP team.
Finally, the discussion of a child's PLOP can be a good indicator of how the remainder of the IEP team meeting is going to go. If the District is not allowing parents to actively participate and provide input, or is not giving the parents sufficient information, during this part, that may be an indication that the District is not going to have a meaningful meeting that involves everyone and develops an appropriate program. Disagreements are certainly possible regarding what a child's actual levels of performance and achievement are, a meaningful discussion of those disagreements should take place. If the parent believes that the IEP document is not accurately describing a child's needs and PLOP, it is likely that the parent also won't believe the IEP is designed to meet the child's needs. Ultimately, everyone needs to be proactive, information needs to be fully shared, and sufficient details need to be provided so that the PLOP really does lay the foundation for an appropriate program.
The first on the IDEA's list of required content is "present levels of performance;" often referred to by its acronym, "PLOP."
PLOP means:
"A statement of the child's present levels of academic achievement and functional performance, including (aa) how the child's disability affects the child's involvement and progress in the general education curriculum; (bb) for preschool children, as appropriate, how the disability affects the child's participation in appropriate activities; and (cc) for children with disabilities who take alternative assessments aligned to alternative achievement standards, a description of benchmarks or shortterm objectives."
Present levels of academic achievement
Academic achievement refers to a child's performance in academic areas, including reading and language arts, math, science, and history or social studies. This refers to what your child knows and can do at the present time as related to the core academic subjects. PLOP in academic achievement should provide the team with information about what the child's skills are. How are the child's reading and math skills as compared to the general education curriculum standards? Did your child meet his / her previous goals related to academics? What level were those goals set at, and if your child did not meet the goals, what level did he/she reach? What does your child's report card say about their performance?
Present levels of functional performance
Functional performance refers to a child's skills and achivement in areas that are "not considered academic or related to a child's academic achievement." See Commentary, Federal Register, at page 46661. Functional skills include areas such as daily living activities, motor skills and communication. Because PLOP must address both academic and functional performance, the IEP team needs to consider all areas of need arising from the child's disability when developing PLOP, regardless of if these areas directly impact academic achievement. Consider factors such as your child's ability to communicate in the classroom and with peers, your child's motor skills needs, any difficulties with organization or work habits, how your child socializes, etc. Ask the teachers for input about how your child "functions" on a day to day basis as compared to other kids his/her age.
How the child's disability impacts involvement and progress in general education
The requirement that PLOP specifically address how the disability impacts involvement and progress in general education curriculum should be considered when developing both PLOP for academic performance and PLOP for functional performance. When considering a child's academic achievement, for example, it is important to compare this to what the child is expected to do / learn in order to make progress in general education curriculum. If your child's disability affects his / her reading skills to the extent that this impacts her progress towards general education curriculum standards, for example, this needs to be noted in the PLOP. In the areas of functional skills, any functional performance deficit that affects how the child can participate in the curriculum should be noted as such. Additionally, the IEP document should consider, as a whole, how the disability impacts involvement in general education. Does the child's disability require a specialized setting or specialized instruction that cannot be provided in general education? Does the child's disability require modifications to the general education curriculum? These are issues the team should be considering when developing PLOP.
Preschool children
There is nothing in the law that states that IEPs for preschool children do not have the same requirements for content as for other students. There is, however, a consideration in the requirement for PLOP regarding preschool children in terms of access to age appropriate activities. For preschool children, it may be the case that they are not yet being taught "general education curriculum," and there may not be specific curriculum standards that apply. Instead, there may be "readiness skills" and developmentally appropriate activities, designed to get the child ready for a Kindergarten program. The IDEA recognizes this, and requires that when appropriate, the IEP document include a statement of PLOP related to how the child's disability impacts his/her ability to be involved in age appropriate activities.
Alternative achievement standards
Prior to IDEA 2004, the IEP was required to include a statement of goals that includes objectives or benchmarks towards meeting those goals for all students with disabilities. IDEA 2004 removed this language under "goals" and instead included additional language under the provision for PLOP. Students who are assessed using "alternative measures" that are aligned to alternative achievement standards, rather than general education standards, require shortterm benchmarks in order to measure their progress towards goals. Although this is now included under PLOP, it will be fully discussed in the next blog post in this series, which addresses goals.
Importance of PLOP to the IEP process
A clear and accurate statement of a child's present levels of performance, both in academic and functional areas, is the foundation for establishing a good IEP. PLOP provides the team with a baseline from which to develop goals, consider necessary services, discuss appropriate specialized instruction, and ultimately develop a program that will meet the child's unique needs and provide educational benefit. If the PLOP is vague, inaccurate or incomplete, then the IEP will likely not address each of the child's unique needs arising from his/her disability.
A sufficient statement of the child's PLOP is also critical for meaningful parent participation. Without accurate and complete information about how a child is performing and functioning, it would be impossible for a parent to be fully informed and to meaningfully participate in discussions regarding the child's unique special education needs.
For example, in an Oregon case, the ALJ concluded that the school district denied FAPE to the student, based in part on the finding that the district repeatedly failed to report the student's current performance or issue reports that documented progress towards IEP goals. The ALJ noted that mere identification that the child had "ongoing educational difficulties" was not enough for a statement of PLOP, noting that the parent did not have enough information regarding how the PLOP was related to the child's IEP goals. The ALJ found fault with the district's "recycling" of PLOP from year to year without updating the information.
Ashland School District, 47 IDELR 82 (SEA OR 2007).
In a New Mexico case, an appeal officer found that the District had denied FAPE to a student because the parents were denied meaningful participation in the IEP process. The IEP documents failed to include a statement of the student's present levels of performance, particularly in the area of reading, and did not include adequate information to allow the parent to fully participate in the development of a program. Because the IEP lacked information about the student's PLOP, parent had an erroneous belief that he continued to require a restrictive placement in a separate facility to recieve adequate specialized instruction. Although the district "recommended" a less restrictive setting, it continued to place the child in the specialized program due to the parent's request. The judge noted that this placement was inappropriate, and that the parent only requested it because of the lack of information she was provided regarding her child's current academic performance.
Rio Rancho Pub. Schs., 40 IDELR 140 (SEA NM 2003).
How specific should PLOP be?
The statement of PLOP should be specific enough to clearly establish with sufficient detail what the child's particular needs are in each area. Vague statements are not sufficient to lay an adequate foundation for a good IEP. The child's levels of performance need to be clearly defined so that anyone reading the IEP and working with the child has sufficient information to be able to address those needs and measure progress.
For example, in a New York case, the state review officer determined that the school district's IEP was inappropriate because the document did not contain sufficient details regarding the child's present levels of performance and specific special education needs. The IEP in question stated that the child had "difficulties" in motor skills and functional communication, but did not identify any specific difficulties that arose for this child. The vagueness of the statement of PLOP meant that the goals were not designed to match the student's actual needs, and therefore there was not a sufficient "foundation" for development of an appropriate program.
In re Child with a Disability, 50 IDELR 236 (SEA NY 2008)
Where information is derived from
Information contained within a statement of PLOP may come from a variety of sources, such as progress reports from previous IEP goals, report cards demonstrating a student's academic achievement in the classroom, informal observations, data collection, formal evaluations, teacher input, etc. Remember those things that the District must "consider" when developing the IEP, as discussed in the previous post. The District should take into consideration a variety of sources of input to develop PLOP that accurately, completely and specifically identifies the child's strengths and weaknesses in each area.
Parent participation in development of PLOP
Parent participation is critical to the development of a procedurally and substantively appropriate IEP, and there is nothing to support an argument that parents should not participate in the development of PLOP. As discussed in the previous post, the "concerns of the parent" are a part of what must be considered when developing the IEP. If the parent concerns are relevant to what the child's current levels of performance and achievement are, it would be appropriate for these concerns to be considered when developing PLOP. On a logical basis, it would be irrational for the District not to include relevant and accurate information provided by the parent in relation to what the child currently knows and can do.
Parents should prepare for the IEP meeting by carefully considering for themselves what the child's PLOP are in areas related to academics and functional skills. Look over information you have been provided throughout the year from your child's teachers and service providers. Make sure you have copies of any statewide or standardized testing results, report cards, progress reports, and evaluations. Make a list of what you see as important performance and achievement information from this information, and use that as a "checklist" when discussing PLOP with the IEP team.
Finally, the discussion of a child's PLOP can be a good indicator of how the remainder of the IEP team meeting is going to go. If the District is not allowing parents to actively participate and provide input, or is not giving the parents sufficient information, during this part, that may be an indication that the District is not going to have a meaningful meeting that involves everyone and develops an appropriate program. Disagreements are certainly possible regarding what a child's actual levels of performance and achievement are, a meaningful discussion of those disagreements should take place. If the parent believes that the IEP document is not accurately describing a child's needs and PLOP, it is likely that the parent also won't believe the IEP is designed to meet the child's needs. Ultimately, everyone needs to be proactive, information needs to be fully shared, and sufficient details need to be provided so that the PLOP really does lay the foundation for an appropriate program.
Thursday, May 14, 2009
Switzer Learning Center
Yesterday, I visited and toured the Switzer Learning Center, a Nonpublic School (NPS) (for more about NPS placements - read our previous blog post from April 2009) in Torrance, California. Switzer if a specialized school for students grades 3 through 12 with learning disabilities, emotional disabilities, attention deficit disorders and behavioral disorders. It is an extremely small school, with currently around 92 students total.
Overview of the Program:
Switzer incorporates a clinical treatment program and behavior management throughout the school program. All students at all grade levels are on a behavior program that is based on reinforcement for positive behaviors, meaning that the students earn points for appropriate behaviors in each period of the school day. Additionally, the school keeps data on both negative or inappropriate behaviors and positive or "involvement" behaviors for every student, and utilizes a computer program to track progress and compare the student to the overall population of the school. The clinical treatment component also includes DIS counseling services for all students on a weekly basis, and availability of the counselors in the moment on an as needed basis.
There is one elementary school classroom, with students ranging from third through sixth grade, and one middle school class, with students from sixth through eighth grade. The high school classrooms are separate from the lower grade levels. The high school program includes six periods per day with the students changing classes and teachers for each class, similar to a traditional high school schedule. High school students can also be dually enrolled, either in a public high school in their home district, at the Southern California Regional Occupational Center (SCROC) in Torrance.
Other Things to Note:
Switzer is a good option for students who have behavior difficulties related to their disability.
It provides modified and individualized instruction within grade level curriculum standards, and also utilizes a specialized reading program, SRA-reading, to provide specialized intervention.
The behavior system is very positive and seems to be implemented consistently.
Switzer offers a diploma-bound curriculum, but does not provide the necessary classes and credits for a student to go straight into a 4-year university.
For more information about Switzer, visit their site directly at www.switzercenter.org. We can also help you with specific information about Non Public School placements.
Overview of the Program:
Switzer incorporates a clinical treatment program and behavior management throughout the school program. All students at all grade levels are on a behavior program that is based on reinforcement for positive behaviors, meaning that the students earn points for appropriate behaviors in each period of the school day. Additionally, the school keeps data on both negative or inappropriate behaviors and positive or "involvement" behaviors for every student, and utilizes a computer program to track progress and compare the student to the overall population of the school. The clinical treatment component also includes DIS counseling services for all students on a weekly basis, and availability of the counselors in the moment on an as needed basis.
There is one elementary school classroom, with students ranging from third through sixth grade, and one middle school class, with students from sixth through eighth grade. The high school classrooms are separate from the lower grade levels. The high school program includes six periods per day with the students changing classes and teachers for each class, similar to a traditional high school schedule. High school students can also be dually enrolled, either in a public high school in their home district, at the Southern California Regional Occupational Center (SCROC) in Torrance.
Other Things to Note:
Switzer is a good option for students who have behavior difficulties related to their disability.
It provides modified and individualized instruction within grade level curriculum standards, and also utilizes a specialized reading program, SRA-reading, to provide specialized intervention.
The behavior system is very positive and seems to be implemented consistently.
Switzer offers a diploma-bound curriculum, but does not provide the necessary classes and credits for a student to go straight into a 4-year university.
For more information about Switzer, visit their site directly at www.switzercenter.org. We can also help you with specific information about Non Public School placements.
Thursday, May 7, 2009
Manifestation Determinations: Suspensions and Special Education Students
If your special education student gets suspended from school they have certain rights that a general education student may not have.
First, a special education student can be suspended or removed to an alternative placement for up to 10 school days for the entire school year due to a violation of student conduct. If your child is suspended for more than that or the district is attempting to move him to an alternative placement for more than 10 days then the district must first hold a manifestation determination meeting within 10 days of the decision to move the student. To review so far - the district can decide that they want to suspend for more than 10 days or even decide that they want to move your student but they can NOT actually do it until they conduct a manifestation determination meeting.
What is a manifestation determination? It could be like an IEP or it could be more like an expulsion hearing - depending on your district. Under the law the district, parents, and all relevant members of the IEP team review all relevant information in the students file, including their IEP, relevant observations, and information provided by parents to determine whether the conduct in question was caused by or had a direct and substantial relationship to the child's disability or if it was the direct result of the district's failure to implement the IEP. If either of these apply then the violation was a manifestation of the child's disability. If neither of these apply then it was NOT a manifestation of the child's disability and the suspension or move to an alternative placement goes forward UNLESS you appeal the result by requesting a hearing. If your child is removed to an alternative setting the district is still required to provide him with a FAPE.
If the violation is a manifestation of my student's disability what happens next? The IEP team must then conduct a functional behavioral assessment and implement a behavioral intervention plan or if a behavior intervention plan was already developed they must review the plan and modify it to address the behavior. The child also gets to stay at his or her current placement unless the parents and the district agree to a change in placement.
Are there circumstances where this doesn't apply? Of course there is. The district can remove the student to an interim alternative educational setting for not more than 45 days regardless of whether or not the violation was related to the student's disability in the following circumstances: 1) the student carried or possessed a weapon on school premises or a school function; 2) the student knowingly possesses or used illegal drugs or sold or solicited the sale of a controlled substance while at school or at school function; or 3) has inflicted serious bodily injury upon another person while at school or at a school function. The interim setting is still determined by the IEP team.
What if my child is not eligible for special education? In that circumstance they may still be protected if the district had knowledge that the child was a child with a disability before the behavior occurred. The district will be deemed to have such knowledge if the parent expressed their concern in writing that the student was in need of special education, if they requested an evaluation or if the teacher of the child or other personnel expressed specific concerns about the behavior to the director of special education or other personnel.
Can the school call the police? The laws that govern special education students do not do prohibit the district from reporting a crime to the appropriate authorities or prevent law enforcement or judicial authorities from exercising their responsibilities.
First, a special education student can be suspended or removed to an alternative placement for up to 10 school days for the entire school year due to a violation of student conduct. If your child is suspended for more than that or the district is attempting to move him to an alternative placement for more than 10 days then the district must first hold a manifestation determination meeting within 10 days of the decision to move the student. To review so far - the district can decide that they want to suspend for more than 10 days or even decide that they want to move your student but they can NOT actually do it until they conduct a manifestation determination meeting.
What is a manifestation determination? It could be like an IEP or it could be more like an expulsion hearing - depending on your district. Under the law the district, parents, and all relevant members of the IEP team review all relevant information in the students file, including their IEP, relevant observations, and information provided by parents to determine whether the conduct in question was caused by or had a direct and substantial relationship to the child's disability or if it was the direct result of the district's failure to implement the IEP. If either of these apply then the violation was a manifestation of the child's disability. If neither of these apply then it was NOT a manifestation of the child's disability and the suspension or move to an alternative placement goes forward UNLESS you appeal the result by requesting a hearing. If your child is removed to an alternative setting the district is still required to provide him with a FAPE.
If the violation is a manifestation of my student's disability what happens next? The IEP team must then conduct a functional behavioral assessment and implement a behavioral intervention plan or if a behavior intervention plan was already developed they must review the plan and modify it to address the behavior. The child also gets to stay at his or her current placement unless the parents and the district agree to a change in placement.
Are there circumstances where this doesn't apply? Of course there is. The district can remove the student to an interim alternative educational setting for not more than 45 days regardless of whether or not the violation was related to the student's disability in the following circumstances: 1) the student carried or possessed a weapon on school premises or a school function; 2) the student knowingly possesses or used illegal drugs or sold or solicited the sale of a controlled substance while at school or at school function; or 3) has inflicted serious bodily injury upon another person while at school or at a school function. The interim setting is still determined by the IEP team.
What if my child is not eligible for special education? In that circumstance they may still be protected if the district had knowledge that the child was a child with a disability before the behavior occurred. The district will be deemed to have such knowledge if the parent expressed their concern in writing that the student was in need of special education, if they requested an evaluation or if the teacher of the child or other personnel expressed specific concerns about the behavior to the director of special education or other personnel.
Can the school call the police? The laws that govern special education students do not do prohibit the district from reporting a crime to the appropriate authorities or prevent law enforcement or judicial authorities from exercising their responsibilities.
Residential Placements
What is a residential placement? When is it required? Who pays for the room and board cost? This blog will cover a basic overview of residential placements. Because often is is the student with mental health needs that need a therapeutic program like a residential school, this blog is part of our series for Children's Mental Health Awareness Day.
Residential schools can provide students with much needed consistency and intensity in their program, and can provide a therapeutic environment that may not be available in other settings. They exist on the "continuum of placements" under the IDEIA and state special education laws. Generally, residential placements are very restrictive settings, are very expensive, and are burdensome on the family unit, as the child has to be out of the home. Therefore, they are only appropriate as a consideration of the IEP team in situations where it is shown that they are required for that student.
Overview and Definitions:
A "residential placement" is a facility in which the student essentially lives at the school site and is in 24 hour custody. Residential schools are a type of therapeutic placement, and they provide a therapeutic component to address the student's mental health needs in conjunction with addressing the core educational curriculum and academics.
Students require residential placements for a variety of reasons and in a variety of situations. Residential placement is deemed appropriate when the therapeutic and residential components of the program are necessary in order for the student to receive an educational benefit. If placement in a residential program is necessary for the appropriate provision of special education and related services to the student, the program (including both therapeutic and educational components) must be provided at no cost to parents. Students who require residential programs are those for whom the educational needs and emotional needs are "intertwined" or "inseparable" from emotional needs, and a determination is made by the IEP team that the child requires therapeutic and habilitation services in order to "benefit from special education."
Some Basic Examples:
Student with extreme behavioral difficulties, who has been unable to learn appropriate behaviors in the school and community settings, or who is unable to generalize learned behaviors across settings to the extent that they are not able to benefit from the general education campus placement.
Students who require intensive 24-hour supervision and interventions to address aggressive, assaultive, destructive or self-injurious behaviors.
Students whose mental health needs are so significant that they impact their ability to participate in the school environment, attend school regularly, and function on a regular campus.
Students who have not made any progress in their emotional and behavioral goals in a less restrictive setting, and who require interventions across settings and in a therapeutic environment in order to benefit.
Payment for Residential Programs:
If a residential program is required for the student to receive FAPE, then it must be provided at no cost to parents. This does not mean, necessarily, that your school district will be paying the entire cost. Rather, states are permitted to have specific procedures and mechanisms in place to deal with funding for residential schools. In many states, there are cost-sharing arrangements between school districts (or "local education agencies" - LEAs), the state department of education (or "state education agencies" - SEAs), and / or other local or state government agencies. For example, in California, there are state-specific cost provisions that require the Department of Mental Health to fund the residential and therapeutic components of the program, if the child is eligible to recieve mental health services under the state's AB3632 provision.
Ultimately, it is the school district's responsibility to provide individual students with a free appropriate public education (FAPE). And the bottom line, therefore, is that if the student requires residential placement to recieve a FAPE, the District bears the burden of ensuring that it is provided at no cost to parents. There are certainly instances where a child may not qualify for eligibility under AB3632 or whatever program/agency the state has for mental health services, but still requires residential placement as part of their educational program. In those situations, the District must fund the placement, including the residential component, because to fail to do so would be a denial of FAPE to the student.
Residential schools can provide students with much needed consistency and intensity in their program, and can provide a therapeutic environment that may not be available in other settings. They exist on the "continuum of placements" under the IDEIA and state special education laws. Generally, residential placements are very restrictive settings, are very expensive, and are burdensome on the family unit, as the child has to be out of the home. Therefore, they are only appropriate as a consideration of the IEP team in situations where it is shown that they are required for that student.
Overview and Definitions:
A "residential placement" is a facility in which the student essentially lives at the school site and is in 24 hour custody. Residential schools are a type of therapeutic placement, and they provide a therapeutic component to address the student's mental health needs in conjunction with addressing the core educational curriculum and academics.
Students require residential placements for a variety of reasons and in a variety of situations. Residential placement is deemed appropriate when the therapeutic and residential components of the program are necessary in order for the student to receive an educational benefit. If placement in a residential program is necessary for the appropriate provision of special education and related services to the student, the program (including both therapeutic and educational components) must be provided at no cost to parents. Students who require residential programs are those for whom the educational needs and emotional needs are "intertwined" or "inseparable" from emotional needs, and a determination is made by the IEP team that the child requires therapeutic and habilitation services in order to "benefit from special education."
Some Basic Examples:
Student with extreme behavioral difficulties, who has been unable to learn appropriate behaviors in the school and community settings, or who is unable to generalize learned behaviors across settings to the extent that they are not able to benefit from the general education campus placement.
Students who require intensive 24-hour supervision and interventions to address aggressive, assaultive, destructive or self-injurious behaviors.
Students whose mental health needs are so significant that they impact their ability to participate in the school environment, attend school regularly, and function on a regular campus.
Students who have not made any progress in their emotional and behavioral goals in a less restrictive setting, and who require interventions across settings and in a therapeutic environment in order to benefit.
Payment for Residential Programs:
If a residential program is required for the student to receive FAPE, then it must be provided at no cost to parents. This does not mean, necessarily, that your school district will be paying the entire cost. Rather, states are permitted to have specific procedures and mechanisms in place to deal with funding for residential schools. In many states, there are cost-sharing arrangements between school districts (or "local education agencies" - LEAs), the state department of education (or "state education agencies" - SEAs), and / or other local or state government agencies. For example, in California, there are state-specific cost provisions that require the Department of Mental Health to fund the residential and therapeutic components of the program, if the child is eligible to recieve mental health services under the state's AB3632 provision.
Ultimately, it is the school district's responsibility to provide individual students with a free appropriate public education (FAPE). And the bottom line, therefore, is that if the student requires residential placement to recieve a FAPE, the District bears the burden of ensuring that it is provided at no cost to parents. There are certainly instances where a child may not qualify for eligibility under AB3632 or whatever program/agency the state has for mental health services, but still requires residential placement as part of their educational program. In those situations, the District must fund the placement, including the residential component, because to fail to do so would be a denial of FAPE to the student.
Eligibility under the category of Emotional Disturbance ("ED")
Mental health issues, as described in the previous post, are important components of the special education maze for many special needs kids. While mental health concerns arise in every eligibility category, there is one obvious category where they are a centralized concern, and that is the category labeled "Emotional Disturbance".
To qualify for eligibility for special education and related services as someone with an emotional disability, a student must exhibit one of the following five criteria "to a marked degree" over "a long period of time".
These criteria are:
(1) An inability to learn that cannot be explained by intellectual, sensory or health factors.
(2) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
(3) Inappropriate types of behavior or feelings under normal circumstances.
(4) A general pervasive mood of unhappiness or depression
(5) A tendency to develop physical symptoms or fears associated with personal or school problems.
What is "to a marked degree" over "a long period of time"? Well, to keep things interesting, the IDEA does not define these terms for us. To provide some guidance, the Office of Special Education Programs ("OSEP") has stated that a "generally acceptable definition" of "a long period of time" is a range of time from two to nine months - assuming preliminary interventions have been implemented and proven ineffective during that period. Letter to Anonymous, 213 IDELR 247 (OSEP 1989). As to the requirement that the behavior be to a "marked degree," OSEP has stated that this refers to the "frequency, duration or intensity of a student's emotionally disturbed behavior in comparison to the behavior of his peers and can be indicative of either degree or acuity or pervasiveness." Letter to Anonymous, 213 IDELR 247 (OSEP 1989).
My child meets this criteria, so now what? If your child meets the criteria for ED, then he or she should receive special education and related services that are appropriate for his or her unique educational needs in this area. If your child is not receiving services to meet these needs, then that means it is time for the IEP team to come together to discuss these unique needs, keeping in mind that "educational" needs can include BOTH academic and non-academic areas - so don't be afraid to explain how the emotional disability affects the needs of your child in both of these areas. The bottom line is that your child's IEP should reflect a program that is appropriate to meet your student's unique needs and enable him/her to receive an educational benefit.
How do I get Mental Health Services? Special education students in any disability category may receive services from county mental health programs. To receive these services, it all goes back to the basics of special education- FAPE - if mental health services are appropriate [the "A" in FAPE] to meet your child's unique educational needs [the "E" in FAPE], then those services must be provided at no cost to the parent [the "F" in FAPE].
To qualify for eligibility for special education and related services as someone with an emotional disability, a student must exhibit one of the following five criteria "to a marked degree" over "a long period of time".
These criteria are:
(1) An inability to learn that cannot be explained by intellectual, sensory or health factors.
(2) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
(3) Inappropriate types of behavior or feelings under normal circumstances.
(4) A general pervasive mood of unhappiness or depression
(5) A tendency to develop physical symptoms or fears associated with personal or school problems.
What is "to a marked degree" over "a long period of time"? Well, to keep things interesting, the IDEA does not define these terms for us. To provide some guidance, the Office of Special Education Programs ("OSEP") has stated that a "generally acceptable definition" of "a long period of time" is a range of time from two to nine months - assuming preliminary interventions have been implemented and proven ineffective during that period. Letter to Anonymous, 213 IDELR 247 (OSEP 1989). As to the requirement that the behavior be to a "marked degree," OSEP has stated that this refers to the "frequency, duration or intensity of a student's emotionally disturbed behavior in comparison to the behavior of his peers and can be indicative of either degree or acuity or pervasiveness." Letter to Anonymous, 213 IDELR 247 (OSEP 1989).
My child meets this criteria, so now what? If your child meets the criteria for ED, then he or she should receive special education and related services that are appropriate for his or her unique educational needs in this area. If your child is not receiving services to meet these needs, then that means it is time for the IEP team to come together to discuss these unique needs, keeping in mind that "educational" needs can include BOTH academic and non-academic areas - so don't be afraid to explain how the emotional disability affects the needs of your child in both of these areas. The bottom line is that your child's IEP should reflect a program that is appropriate to meet your student's unique needs and enable him/her to receive an educational benefit.
How do I get Mental Health Services? Special education students in any disability category may receive services from county mental health programs. To receive these services, it all goes back to the basics of special education- FAPE - if mental health services are appropriate [the "A" in FAPE] to meet your child's unique educational needs [the "E" in FAPE], then those services must be provided at no cost to the parent [the "F" in FAPE].
National Children's Mental Health Awareness Day
Today, May 7, 2009, is National Children's Mental Health Awareness Day. This year's theme is "Thriving in the Community," and the awareness campaign has a special emphasis on how high school youth who receive the services they need are more likely to have positive outcomes, such as better grades, and less likely to have negative outcomes, such as involvement with the juvenile and criminal justice systems.So many students who receive special education and related services require mental health services to address behavioral, social and emotional needs. We see a wide range of these issues, from kids who need school based counseling services to address their social skills deficits, to kids who require outside therapies to address their mental health needs, to kids who require residential placements because of the severity of their needs.
Here in California, we have what is referred to as AB3632 services, which are services and supports provided by the Department of Mental Health when a child on an IEP requires mental health services in order to access their curriculum. Read more about AB3632 here: http://www.dmh.ca.gov/Services_and_Programs/Children_and_Youth/AB3632.asp
Mental health issues need to be destigmatized-especially for kids and within the special education system. Why is it that parents are so reluctant to accept special education eligibility if the "category" is Emotional Disturbance (ED)? It's because of the stigma attached to these types of disabilities, the stigma that follows the child and unfortunately leads to misunderstanding by teachers and others who then often just assume "this is a bad kid." These issues can only be addressed by increased awareness on a large scale within school systems and communities.
One problem with mental health disabilities is that there are kids who are never identified as having a disability, but are merely "labelled" as being a disipline problem, so they never recieve the supports and services that they need. It is so true that if kids recieve the supports and services they need, they are more likely to have positive outcomes and less likely to end up on the juvenile or criminal system. As advocates, parents and educators, we have a "window of opportunity" to push for interventions and services for these students so that they can succeed and become productive participants in society.
Another equally concerning problem, however, is the overidentification of students as having "ED." In many instances, students with other disabilities, such as Learning Disabilities, Autism, etc, have related mental health needs, like anxiety or depression. Sometimes these needs are exasperated in situations where these children have not recieved the appropriate educational interventions or supports, and so they are flailing in a program where they are overwhelmed or feel "stupid." More awareness and education needs to take place to truly help parents and educators understand the existence of mental health needs that are related to other disabilities. The core disability may not be ED, but the child still may require mental health services in order to meet their needs.
There are also issues with systemic problems within school systems in terms of placing and servicing children with an "ED" label. Organizations all over the country are attempting to fight the "schoolhouse to jailhouse pipeline" by advocating for systemic changes in how students with emotional and behavioral difficulties are served within the special education system. (read: http://www.splcenter.org/news/item.jsp?aid=282) Too often, these kids have been "wharehoused" into special day classes without true individualization of their programs. Too often, comprehensive behavioral evaluations have not been conducted, or behavior plans have not been based on positive interventions, or haven't been approrpiately implemented. These systemic issues need to be addressed if the educational system is truly going to meet the needs of these kids, increase their positive outcomes and decrease the negative outcomes. An interesting article about these systemic issues can be found at the Southern Poverty Law Center's website at http://www.splcenter.org/legal/news/article.jsp?aid=189&site_area=1.
National Children's Mental Health Awareness Day is a good step in the right direction for addressing the issues that face children with mental health needs. Awareness, community education, decreased stigmatization, and systemic change are all necessary to truly begin to meet the needs of these kids so that they really can thrive in their communities.
Saturday, April 25, 2009
Two Schools in Two Days
A2Z is often invited to open house events in Southern California to learn about and tour local non public schools. As these opportunities are made available to us, we will post to let you know about schools in your community and how they may be appropriate for your child.
Last week, I had the pleasure of touring two different schools in Los Angeles County: The Pacific Schools & Aviva High School
1. The HELP Group's Pacific Schools
Where: 15339 Saticoy Street, Van Nuys, California
What makes it unique: The Help Group's Pacific Schools are actually made up of 3 specialized programs: Pacific Ridge, Pacific Harbor and Project Six. In the Pacific Ridge and Pacific Harbor program, which are therapeutic day programs, the class size averages about 10 students with 2 adults. Various services, including family therapy, psychiatric services, counseling, speech and language services and Occupational Therapy are available on site. The Pacific Schools serve elementary, middle and high school aged students.
What I love about this school: The staff at the Pacific Schools place a strong emphasis on finding individualized incentives that are of interest to its students and using those things to help the student access his/her education. For instance, if your child is interested in playing instruments, sewing or guitar hero, these things would be made available as an incentive. For each program, there were "reward lounges" where students could play games, watch TV or use the computers. The importance of incorporating a child's interests into his/her program was a universal message across all three programs at the Pacific Schools. I believe that it was for this reason that the Pacific Schools had a personal touch where the personalities of the children were very evident.
2. Aviva High School
Where: 7120 Franklin Ave., Los Angeles, CA 90046
What makes it unique: Aviva High School is one of the few all girl, non public schools in Los Angeles County. Aviva also has a residential treatment program that has 42 students enrolled in the high school. Aviva provides a range of on-site clinical and educational services. Aviva also offers a mandatory 6 week summer school program designed to enrich and broaden the students' reading, writing, and math skills and prepare them to pass the California HIgh School Exit Exam (CAHSEE). Aviva High School has a maximum enrollment of 84 students. The maximum student:teacher ratio in class is 6:1. Over 95% of its students go on to post secondary programs, including universities and junior college.
Is it appropriate for your child? Aviva High School is appropriate for girls in grades 7 through 12 who need special academic, emotional, or behavioral support to maximize their educational potential. If your daughter requires a dual enrollment program, then Aviva may be the appropriate placement for her.
What I loved about this school: It was very clear that the staff at Aviva were dedicated not only to its students, but were also dedicated to working on improving the bureaucratic system that can often be an impediment to special education students. The staff at Aviva have forged relationships with individuals in the LAUSD system that are in charge of making important decisions, and are working with them to try to evoke a change in the system. This passion was not only present at the administrative level of Aviva, but was also apparent through the teachers, aides, and even hallway monitors at the school.
Last week, I had the pleasure of touring two different schools in Los Angeles County: The Pacific Schools & Aviva High School
1. The HELP Group's Pacific Schools
Where: 15339 Saticoy Street, Van Nuys, California
What makes it unique: The Help Group's Pacific Schools are actually made up of 3 specialized programs: Pacific Ridge, Pacific Harbor and Project Six. In the Pacific Ridge and Pacific Harbor program, which are therapeutic day programs, the class size averages about 10 students with 2 adults. Various services, including family therapy, psychiatric services, counseling, speech and language services and Occupational Therapy are available on site. The Pacific Schools serve elementary, middle and high school aged students.
- Pacific Ridge is a day program serving children and adolescents with special needs in the areas of emotional, behavioral and neurological challenges.
- Pacific Harbor is for students who internalize their feelings, such as depression and anxiety, and may display mild behaviors. This program is also appropriate for students with emotional disturbances that require more intensive and comprehensive mental health services.
- Project Six is a residential treatment center for adolescents with emotional and behavioral challenges.
What I love about this school: The staff at the Pacific Schools place a strong emphasis on finding individualized incentives that are of interest to its students and using those things to help the student access his/her education. For instance, if your child is interested in playing instruments, sewing or guitar hero, these things would be made available as an incentive. For each program, there were "reward lounges" where students could play games, watch TV or use the computers. The importance of incorporating a child's interests into his/her program was a universal message across all three programs at the Pacific Schools. I believe that it was for this reason that the Pacific Schools had a personal touch where the personalities of the children were very evident.
2. Aviva High School
Where: 7120 Franklin Ave., Los Angeles, CA 90046
What makes it unique: Aviva High School is one of the few all girl, non public schools in Los Angeles County. Aviva also has a residential treatment program that has 42 students enrolled in the high school. Aviva provides a range of on-site clinical and educational services. Aviva also offers a mandatory 6 week summer school program designed to enrich and broaden the students' reading, writing, and math skills and prepare them to pass the California HIgh School Exit Exam (CAHSEE). Aviva High School has a maximum enrollment of 84 students. The maximum student:teacher ratio in class is 6:1. Over 95% of its students go on to post secondary programs, including universities and junior college.
Is it appropriate for your child? Aviva High School is appropriate for girls in grades 7 through 12 who need special academic, emotional, or behavioral support to maximize their educational potential. If your daughter requires a dual enrollment program, then Aviva may be the appropriate placement for her.
What I loved about this school: It was very clear that the staff at Aviva were dedicated not only to its students, but were also dedicated to working on improving the bureaucratic system that can often be an impediment to special education students. The staff at Aviva have forged relationships with individuals in the LAUSD system that are in charge of making important decisions, and are working with them to try to evoke a change in the system. This passion was not only present at the administrative level of Aviva, but was also apparent through the teachers, aides, and even hallway monitors at the school.
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