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Building Parameters To Manage Scarce Resources

Building Parameters To Manage Scarce Resources. Overview. Transportation NPA Services One-to-One Aide Services Insulin Administration . Transportation. Transportation Services. If school district provides to general education population…it MUST provide to students with disabilities

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Building Parameters To Manage Scarce Resources

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  1. Building Parameters To Manage Scarce Resources

  2. Overview • Transportation • NPA Services • One-to-One Aide Services • Insulin Administration

  3. Transportation

  4. Transportation Services • If school district provides to general education population…it MUST provide to students with disabilities • If school district does NOT provide to general education population…it must DECIDE whether transportation is needed as related service

  5. Transportation: Related Service A related service is: • A supportive service • Required to assist student to benefit from special education IDEA identifies transportation as a related service

  6. Transportation Defined • To and from school • Between schools • In and around school buildings • Specialized equipment if required to provide transportation

  7. What is Included? • Safety devices • Curb cuts • Specialized seats • Harnesses • Handrails • Two-way radios • Emergency medical equipment And more …

  8. Transportation Golden Rules • Transportation should not be given automatically • Decisions regarding transportation are IEP team decisions • IEP team determines transportation needs on case-by-case basis

  9. Transportation Required forOff Campus Activities? • If necessary for FAPE, YES • Provided at no cost to parents

  10. Determine Student’s “Unique Need” • Medical health needs • Accessibility of curbs, sidewalks, etc. • Age of student • Cognitive ability, adaptive behavior, and/or communication skills

  11. Additional Unique Needs • Behavior plans during transport • Distance/duration of ride • Nature of areas traveling through • Other public assistance in route • Transportation needs during school day

  12. Practice Pointer If student cannot be transported in same manner as non-disabled peers due to disability, IEP team must identify specific transportation arrangements

  13. Transportation Options • None • Regular school bus • Regular school bus with supports • Public transportation • Special education designated bus • Taxi or specialized shuttle • Parent transport with reimbursement

  14. Practice Pointer • District generally has discretion to manage equipment purchases, bus personnel, and bus route and bus stops • EXCEPT when a student’s unique needs call for specific requirements

  15. Practice Pointer • In IEP, don’t just check off transportation box or write “transportation offered” • Specify the pick-up and drop-off points, plus any needed equipment, behavior or health care plans, or other supports

  16. Parent Convenience Case Example #1 FACTS: • Ten-year-old with SLD; no physical limitations • Student transferred to non-home school under NCLB • District provided school-to-school transportation • Parents requested home-to-school • Alleged that student was vulnerable on walk and that bus waiting area unsafe (Student v. Los Angeles USD (OAH 2008).)

  17. cont. Parent Convenience Case Example #1 RULING: • District’s offer of transportation was FAPE • Parents’ request was based on their ability to timely transport student’s siblings, not on student’s unique needs • Student’s only needs were academic • Evidence showed home school bus zone was safe (Student v. Los Angeles USD (OAH 2008).)

  18. Parent ConvenienceCase Example #2 FACTS: • District divided into geographical “cluster sites” • District policy requires transportation pick-up and drop-off points to be within the student’s cluster site • Parent asked district to drop student at day care outside of cluster site boundaries; district refused • Hearing decision in favor of district was appealed (Fick ex rel Fick. v. Sioux Falls Sch. Dist. 49-5 (8th Cir. 2003).)

  19. cont. Parent ConvenienceCase Example #2 RULING: • District court, 8th Circuit upheld decision • Parent’s request was for reasons of non-educational parental preference • Okay for district to apply facially neutral transportation policy to disabled child when deviation from policy based on parent convenience rather than child’s needs (Fick ex rel Fick. v. Sioux Falls Sch. Dist. 49-5 (8th Cir. 2003).)

  20. Parent PreferenceCase Example FACTS: • Ten-year-old with autism and cortical blindness • Student had bus aide and BSP for behaviors on bus • Mom liked previous aide, who walked student to front door in violation of district policy • New aide complied with policy and would not get off bus to drop off student; did not chat with Mom • Mom asked new bus driver to give her “thumbs up” or “down” every day re: Student’s behavior; driver refused • Mom argued that student had to be transported by taxi with aide (Student v. Los Angeles USD (OAH 2007).)

  21. cont. Parent PreferenceCase Example RULING: • District’s offer of transportation was FAPE • Mom’s dislike of aide and bus driver did not make district’s offer inappropriate • District had supports in place to address student’s safety and behavior on bus • No evidence that taxi drivers were as experienced, trained or vetted as district bus drivers re: Safety and behavior (Student v. Los Angeles USD (OAH 2007).)

  22. Compare Student to PeersCase Example FACTS: • Five-year-old with SLI offered transportation, but parent chose to transport • Later, parent requested transportation again • District said transportation offered in error; student not eligible for it • Parent argued that student lacked hazard awareness and communication skills (Student v. Soquel Union Elementary SD (OAH 2007).)

  23. cont. Compare Student to PeersCase Example RULING: • Student did not need transportation for educational benefit • Student’s hazard awareness was comparable to his typical same-age peers • OAH: All preschool students lack hazard awareness • Because student’s need for transportation was same as that of his peers, he did not require transportation to receive FAPE (Student v. Soquel Union Elementary SD (OAH 2007).)

  24. Parent ReimbursementOCR Complaint FACTS: • Medically fragile student in wheelchair • District offered bus rides of two hours each way • Parent argued that this was too long; felt compelled to transport herself instead • District agreed to reimburse parent for one round trip per day • Same thing happened to other SPED parents • Parent filed OCR complaint (Henderson County (NC) Public Schools (OCR 2009).)

  25. cont. Parent ReimbursementOCR Complaint FINDING: • OCR found against the district • No evidence that district considered student’s unique needs when it offered two-hour bus rides • Parent felt she had no other option but to accept reimbursement • District’s failure to completely reimburse parent (for two round trips per day) was discriminatory (Henderson County (NC) Public Schools (OCR 2009).)

  26. Road Conditions/Vehicle ProblemsCase Example FACTS: • 16-year-old with CP in wheelchair • Picked up/dropped off at corner down the street from home • Home was uphill from bus stop, slope steep, and sidewalk uneven • Vehicles parked on both sides of street; street narrow, ending in unimproved section • District: Smallest wheelchair bus could not travel on this street, so bus pick up/drop off was at corner (Student v. Los Angeles USD (OCR 2007).)

  27. cont. Road Conditions/Vehicle ProblemsCase Example RULING: • Student’s needs required pick up and drop off at home • Unsafe for student to be physically pushed up and down steep, uneven sidewalk in heavy wheelchair • District ordered to provide vehicle capable of home-to-school transportation, even if student only passenger (Student v. Los Angeles USD (OCR 2007).)

  28. Potholes To Avoid • Do not automatically offer transportation based on type of disability • No shortened school day to accommodate transportation • Instructional day for SPED students must be the same period of time as typical peers unless otherwise specified in IEP

  29. Transportation and Section 504 • Section 504 guarantees students with disabilities equal access to non-educational as well as educational activities • Thus, transportation may be required under Section 504 even when unnecessary for FAPE (e.g., for a class field trip or to an extracurricular activity)

  30. NPA Services

  31. NPA Services • Shall be provided under contract • Shall be used to provide appropriate special education or DIS required by the student … If no appropriate public education program is available (Ed. Code, § 56365.)

  32. Use of NPA Services • For related services that a district does not provide itself • When there aren’t enough district providers to serve all students who require a particular service

  33. NPA Contracts Contracts must: • Include procedures for recordkeeping • Describe district’s process for overseeing whether a student is making progress • Include an ISA for each student • Provide termination for cause by either party with 20 days’ notice (Ed. Code, § 56366(a).)

  34. NPA Contracts Under the contract, NPA services: • Can be changed only based on revisions to the student’s IEP • Shall be provided only during the student’s regular or extended school year, unless otherwise specified in the IEP (Ed. Code, § 56366(a).)

  35. Contract Enforcement • If a NPA is not following reporting provisions, follow up! • Regularly review NPA reports to see if action is required – e.g., special IEP team meeting • Check in with the NPA before an IEP team meeting to make sure there are no surprises

  36. Maintaining Control of NPA Services • Don’t allow the NPA to be the only assessor of a student • A NPA can draft IEP goals, but don’t completely delegate goal development to them • Avoid writing into an IEP that services will be provided by a NPA • If unavoidable, do not name a particular NPA

  37. Addressing Parent Preference • So long as qualified personnel are available, the determinations as to which personnel will provide services to a child for services under the IDEA are left to state and local authorities (Moubry v. Independent School Dist. No. 696 (D. Minn.1997).)

  38. Addressing Parent PreferenceCase Example FACTS: • 2003 settlement agreement required that: • Parties meet to discuss any transition from then-current NPA; and • Any proposed transition be approved by IEP team • In 2004, district terminated its contract with NPA • District proposed a new NPA, PLAY, to take over (San Ramon Valley USD v. Student (OAH 2005).)

  39. cont. Addressing Parent PreferenceCase Example • District tried three times to hold IEP team meeting to discuss transition • After third time, district developed a transition plan w/o parent • Parents removed student from school and hired a new NPA, Stepping Stones, to provide services • District denied parents’ request for Stepping Stones, but did develop a transition plan from Stepping Stones to district in-house provider (since parents refused to accept PLAY) (San Ramon Valley USD v. Student (OAH 2005).)

  40. cont. Addressing Parent PreferenceCase Example RULING: • OAH found that district offered FAPE. • Attempts to implement transition were reasonable • A district court upheld the ALJ’s decision • “Plaintiff is not entitled to his choice of service providers… The [IDEA] requires only that the service provider be able to meet [Student’s] needs.” (San Ramon Valley USD v. Student (OAH 2005).) (N.R. v. San Ramon Valley USD (N.D. Cal. 2007).)

  41. Practice Pointer • When denying a parental request for a preferred NPA, remember to give prior written notice of the denial pursuant to 34 C.F.R. § 300.503 • Explain that the student’s needs can be addressed by other qualified providers • Note that the law gives districts the right to choose who provides services

  42. Need for NPA ServicesCase Example #1 FACTS: • Student was seven-year-old with autism • Speech significantly delayed • District reduced speech services • Parents wanted more plus 100 minutes/week of NPAclinic-based speech (Student v. Garvey SD (OAH 2008).)

  43. cont. Need for NPA ServicesCase Example #1 RULING: • District’s offer of 30 minutes/week of group speech insufficient • Student also needed 90 minutes/week of individual speech • But student did not need clinic-based NPA speech • District not required to maximize student’s progress (Student v. Garvey SD (OAH 2008).)

  44. Need for NPA ServicesCase Example #2 FACTS: • 13-year-old with autism was fully included in 7th grade; had average cognitive ability • Received NPA speech, in-home behavior services, and OT • Student had expressive language delays • Student followed directions and interacted with others • At triennial IEP, district offered only district services (Corona-Norco USD v. Student (OAH 2009).)

  45. cont. Need for NPA ServicesCase Example #2 RULING: • District offered a FAPE • Evidence showed only that student could generally benefit from OT NPA, not that he required OT to obtain educational benefit • No evidence that student needed NPA speech • No need for NPA in-home ABA services, district offered a social skills group led by ABA-trained specialists (Corona-Norco USD v. Student (OAH 2009).)

  46. Choose NPAs Wisely Contract with agencies that: • Are properly certified • Understand their role • Understand the legal standard for determining when related services are necessary for FAPE • Promote independence • Maintain a professional relationship with parents

  47. Reducing the Need for NPAs • Develop capacity and expertise in-house • Be careful about contracting with non-certified agencies - state may penalize

  48. One-to-One Aide Services

  49. One-to-One Aides • A related service necessary for some students to receive a FAPE • Essential in some cases, builds unnecessary dependence in others • The personal nature of the service makes it very difficult to change personnel, modify the service, or eliminate it

  50. One-to-One AidesAlternatives Can the student’s needs be met by less intrusive means? • Attention difficulties • BSP, classroom modifications or accommodations, IEP goals • Aggressive behaviors • FAA, BIP • Academic difficulties • Change in curriculum or instructional setting

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