A Dispute Resolution Survival Guide

1. A Dispute Resolution Survival Guide

2. Session Objectives • Participants will: • Briefly review the special education process • Understand the interaction between the Evaluation/Reevaluation Report and the IEP • Identify sources of data collection and progress monitoring on IEP goals and objectives • Understand the litigation process from receipt of the letter of representation to the compensatory award • Identify best practices in their building for avoiding litigation

3. Purposes– Chapter 14 The purposes of Chapter 14 are to adopt Federal regulations by incorporation by reference to satisfy the statutory requirements under the IDEA and to ensure that: Children with disabilities have access to the general curriculum, and participate in State and local assessments as established and described in Chapter 4 (relating to academic standards and assessment). Children with disabilities are educated, to the maximum extent appropriate, with their non-disabled peers and are provided with supplementary aids and services. School entities provide access to a full continuum of placement options. The use of early intervening services promotes students’ success in a general education environment.

4. Local Education Agency • The LEA is the public agency representative who : • Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of students with disabilities • Is knowledgeable about the general education curriculum • Is knowledgeable about the availability of resources of the public agency • Will serve as the chairperson of the Individual Education Plan (IEP) team meeting • Has the authority to approve programs and services

5. Pre IDEA- Comprehensive Student Assistance Process & PTE • School based support • Includes student specific academic and behavioral support • Includes classroom specific supports and modifications • Supporting the student in the regular education setting

6. Pre IDEA- Comprehensive Student Assistance Process & PTE Data driven decisions and outcomes • Mastery tests • Fluency checks • Comprehension checks • Writing samples • Behavior data (i.e. daily reports) • Predictive/benchmark assessments • Information Station • Aimsweb

7. ChildFind/Evaluation • Are Your “Teams” Making Data Driven Instructional Decisions? • Parent can Request Evaluation at any time • Request can be Verbal or Written • Permission to Evaluate (PTE) w/in 10 days or deny Request for PTE with SAFEGUARDS • 60 Calendar Days (less summer) to Complete

8. Permission to Evaluate • Timeline to complete evaluation – • Within 60 calendar days from receiving permission • Exceptions to timeline – • Child moves to new LEA after initiation of evaluation • Must make sufficient progress toward prompt completion • Parent and new LEA agree to a specific time for completion • Parent repeatedly fails or refuses to produce child for evaluation

9. Evaluation If a parent orally requests an evaluation: • The oral request for evaluation must be made to any professional employee or administrator of the school entity, charter school or cyber charter school • The school entity must provide a Permission to Evaluate form to parents within 10 calendar days of the oral request for evaluation • If the LEA/school refuses to conduct the evaluation, it must give the parent written notice of the refusal within a reasonable time

10. Child Find (continued) “Evaluation” as a team process School personnel-- Curriculum based assessments; response to interventions; functional behavior assessment Related Service Provider(s): Speech; PT/OT ( medical); Assistive Technology; Sensory Integration Psychologist Outside Reports: Where is “Waldo” Records in multiple places 10

11. Evaluation • More than “IQ” (all areas of suspected disability) • Parent Involved • Interagency/outside information (medical reports, mental health information) • Re-Evaluations – every 3 yrs (2 if ID) or on request • Independent Educational Evaluations (IEE)

12. Evaluation/Revaluation Evaluations must be completed, with the report to the parents, no later than 60 calendar days after the agency receives written consent, not counting the calendar days from the day after the last day of spring term to the day before the first day of subsequent fall term. Copies of the Evaluation Report will be disseminated to parents at least 10 school days prior to the meeting of the IEP team, unless this requirement is waived by a parent in writing.

13. IEP Format • Developed within 30 calendar days after Evaluation/Reevaluation Report • Reviewed annually • Implemented as soon as possible or within 10 school days

14. IEP FOUR KEY PARTS • PRESENT LEVELS OF SKILLS – WHAT CHILD CAN/CAN’T DO • GOALS – WHAT CHILD IS TO ACHIEVE • SERVICES – WHAT SERVICES CHILD WILL GET • Level and type • PLACEMENT – WHERE THE CHILD WILL GET HELP

15. Annual Goals • Designed to meet student’s needs that result from student’s disability • Measurable • Aligned with State Standards • Progress Monitoring-- think EVIDENCE

16. Silent Mind Map Activity Directions: • Start at the center of the page (rather than from the top-left corner) • Adopt an open, creative attitude • Associate and link keywords and images freely • Think fast • Do not judge • Keep moving • Allow gradual organization by adding relationships and connections

17. What Types of Services • Specially Designed Instruction (math, reading, functional skills, PE, behavior) • Program Modifications (preferred seating, extended test time, etc.) • Related Services (transportation, speech therapy, PT, OT, counseling, school health, nurse) • Transition Services (age 14 and up) • Assistive Technology (communication)

18. Extended School Year— ALL IEP Students MUST be Considered • Factors • Regression – whether student reverts to lower levels of functioning • Recoupment – whether student has capacity to recover skills in which regression occurs • Severity of Disability – autism, severe ED, severe intellectual disability, etc. • Crucial Skills and the effect of interruptions

19. Deciding Placement • LAST PART OF IEP/AFTER IEP • LEAST RESTRICTIVE ENVIRONMENT (Presumption of regular education) • NOREP/Prior Written Notice (IEP is implemented in 10 days) • Inclusion-- not a placement. How/who supports the student in the reg. ed. setting?

20. Personnel - Caseload The following words and terms have the following meanings, unless the context clearly indicates otherwise: Itinerant - special education supports and services provided by special education personnel for 20% or less of the school day Supplemental - special education supports and services provided by special education personnel for more than 20% but less than 80% of the school day Full-time – special education supports and services provided by special education personnel for 80% or more of the school day

21. Personnel - Caseload - The following chart represents the maximum number of students allowed on a teacher’s caseload .

22. Dispute Resolution THREE WAYS TO RESOLVE… • COMPLAINT PROCESS – Bureau of Spec Ed-- Who is your BSE advisor? • MEDIATION – free, no lawyers, voluntary, binding agreement • DUE PROCESS HEARING – 2 years, complaint notice, resolution, 45 days++ to decision • DUE PROCESS MATTERS CAN GO TO FEDERAL COURT!

23. Dispute Resolution • Staff are witnesses and student progress monitoring is evidence • How does your staff present? • How strong is the documentation of program delivery? • Behavioral data, attendance data, vocational data, intervention data, tests/quizzes, etc.

24. Remedies--Negotiated and Ordered • Changes to IEP • Seek guidance from the Director of Special Education Director, not the attorneys • Compensatory Education • Independent Educational Evaluation • Equitable power of a Hearing Officer • Attorney’s Fees

25. Guidelines for Compensatory Education for Students with Disabilities • IDEA does not contain authority for compensatory education awards. • Federal courts created the remedy • Burlington School Committee v. Massachusetts Department of Education, 556. IDELR 389, 471U.S. 359 (1984)

26. Guidelines for Compensatory Education for Students with Disabilities • Compensatory Education is an equitable remedy available to children with disabilities under the IDEA when they have been denied FAPE • There is no universally applied standard for a court to apply in determining what kind of services to award • Generally, awards consist of direct and indirect special education and related services designed to address any loss of educational benefit* that may have occurred from denial of FAPE • Awards should not impose obligations on school districts that go beyond a child’s entitlement to FAPE (Letter to Kohn, 17 IDELR 522, OSEP 1991)

27. Guidelines for Compensatory Education for Students with Disabilities • Forms of Compensatory Education • Provision of Extended Year Services (Houston Ind. Sch. Dist., 21 IDELR 208, TX 1994) • Vocational evaluation and assessment; vocational education services (Choctaw County Bd. of Ed., 25 IDELR 485, AL 1997) • Additional support services through early college (Pleasant Valley Sch. Dist. 28 IDELR 1295, IA 1998)

28. How to Calculate Compensatory Education Awards • As a general rule… • A student’s right to compensatory education begins to accrue from the time that the school district knew or should have known that the child was receiving an inappropriate education. • Examples • the EI student who entered school without first being identified. • the 10th grade student with a significant history of behavioral challenges who does not have an FBA and/or positive behavior support plan in their IEP. OTHER EXAMPLES?????????

29. How to Calculate Compensatory Education Awards • Every hour of compensatory education awarded in litigation is the equivalent of $60.00 • 300 hours awarded = $18,000 • 500 hours awarded = $ 30,000 • 1000 hours awarded = $ 60,000 • 2000 hours awarded = $ 120,000

30. Factors that Cause Compensatory Education Denials or Reductions • A school district’s reasonable remediation time • Parent’s lack of cooperation • Premise that compensatory education is necessary only if the student actually needs it to overcome a lack of educational benefit*

31. Best Practices to Prevent Litigation • Compliance Monitoring (EASY IEP as a management tool) • Consistent weekly meetings with LEA and SEL • Plan for time to implement turnaround trainings from SEL meetings

32. Best Practices to Prevent Litigation: • Adhere to timelines • Review Progress Monitoring data • Review compliance with special education disciplinary procedures (See Principal’s Desk Reference and Policy and Procedure Manual)

33. Best Practices to Prevent Litigation: • Review status of high-profile cases • Determine best uses for common planning time (share information with general education teachers, problem solve, strategize ways to implement IEPs with fidelity) • Address transition planning (how does programming connect to the IEP) and connection to outside services

34. Best Practices to Prevent Litigation: • Ensure all students with IEPs have access to research-based interventions that are being implemented with fidelity • Be mindful of the way that the overall school environment impacts students with disabilities. Examples include bullying, problems with transitioning classes, etc. • Utilize internal resources such as the Resource Specialist, Psychologist, Access to the Core Strategies Guide, CSAP Tier II Interventions, etc.

35. Responsibilities once a Letter of Representation is received from OGC • STEP 1: • Share letter with SEL and RESEARCH both the allegations from the letter and current compliance, programming and recent concerns • STEP 2: • Compile ALL student records, make 3 copies; 2 to OGC and 1 to the Director of Special Education (for a complete list of items to be included see principal’s Desk Reference)

36. Responsibilities once a Letter of Representation is received from OGC • STEP 3: • Communicate findings from STEP 1 and records review with Director of Special Education and SDP assigned attorney • STEP 4: • Work with the Director and the attorney to develop a Resolution Action Plan (PTRE, referral to counseling, revise IEP or Behavior plan, proceed with EH-21 etc,)

37. Responsibilities once a Letter of Representation is received from OGC STEP 5: • Prepare for the scheduled meeting with opposing counsel: • Ensure that Resolution Action Plan has been implemented • Carefully choose meeting participants • Have a clear vision of programming to offer; remember programming before placement STEP 6: Actively participate in settlement negotiations STEP 7: Ongoing oversight and follow up; See Best Practices

38. Claim Letter Activity • Directions: In groups of 3 or 4 review the claim letter provided and write down specifics steps you would take as SEL ( what types of documents would you review? Who would you interview?) Also consider what remedies that you would propose to the Director.

39. Revising Parts of the IEP • Directions: 1. Review the part of the IEP provided to your small group and identify your concerns. 2. Share out your concerns with the larger group. 3. Work with your small group to revise that specific section of the IEP. 4. Enter your revisions into the EASY system and share out with the larger group.

40. Thanks for being a GREAT Audience!!