Sunday, May 31, 2009

Life after High School — Secondary Transition Planning



There’s a lot to think about in planning for transition. The Parent Information Center on Specialboys at collegeEducation has developed a Tool Kit to help families in the transition planning process.

It is important to note that transition is not a one time event.  Transition is a process.  It is the process of assisting youth to move from high school to the adult world (O’Leary, 2003).  It is a process that all families experience.  It also includes the evolving and accepting of role and responsibility changes, and is often an emotional time for all parents. Transition planning can provide a framework to assist families in working through the transition process and thinking about the resources or support that they and their youth will need to be successful and reach their goals.

It’s also important to know that there is no one size fits all method to transition planning.  There are a variety of ways to “get from here to there”.  It’s like getting to the grocery store.  I may prefer the highway because it’s quicker, but you may not like all the traffic.  There might be construction and you discover an alternate route, which then becomes your primary route. We both get to our destination; we just took different paths.

That being said, this Tool Kit also does not hold all the answers.  It is a collection of ideas and best practices.  We have tried to not only provide you with information on best practice strategies and what is required under special education laws, but also with resources and examples to bring all the information to life.  How you use this Tool Kit will depend on both you and your teen’s personality and needs.  It’s like learning; we all do it differently.  Because different youth may be at different places in the transition    process, you do not have to start at the beginning of this tool kit.  You need to start where you and your teen are in the process.


What's in the Tool Kit?


This Tool Kit is broken into Key Components – broad areas for transition planning.  By clicking the links you can download these Key Components.  Or, download the entire Tool Kit.

  • Thinking about the Future (PDF) – This section discusses strategies and tools to help youth determine and set goals for life after high school.
  • Making a Plan (PDF) – This section discusses strategies and tools to help create a Person-Centered Plan.
  • Writing the Transition Plan in the IEP (PDF) – When we talk about the transition plan in the IEP we are referring to the transition planning components of an IEP required under IDEA 2004 and the NH Rules.  This section will discuss those components as well as strategies and tools to write a transition plan in the IEP.
  • What Else Do I Need to Know? (PDF) – This section discusses other aspects of planning for transition that families need to consider and provides resources and tools.
  • Review and Revise (PDF) - This section discusses the process for reviewing a plan, whether it is a Person-Centered Planning model or the transition plan in the IEP.
  • Give Youth an Opportunity to Get Involved! (PDF)– This section discusses strategies and tools to support youth involvement in the transition planning and IEP process.

In each section you will find Important Detailsinformation you need to know regarding the special education process and laws that impact transition.  Also included are Transition Planning Tips to help in planning along with resources and places to find more information about strategies or topics discussed.

The Tool Kit will introduce you to Sarah and Ryan.  In each section, you will find How This Can Work, examples of how the strategies discussed have worked for these youth.  You will follow them through their transition planning process and can view Sarah’s IEP and Transition Plan (PDF) and Ryan’s IEP and Transition Plan (PDF) as well as other resources in the Appendices (PDF).

Friday, May 29, 2009

HEATH resource center for postsecondary education

You are invited to participate in a web tour of the website of the HEATH Resource Center, an online clearinghouse of postsecondary education for individuals with disabilities. The webtour is sponsored by the LRE-Part B Community of Practice. The one-hour tour will be held on Wednesday, June 3, at 3:00 PM ET (2:00 PM CT, 1:00 PM MT, 12:00 Noon PT and AZ).

Dr. Donna Martinez, Director of the HEATH Resource Center will be your tour guide. You will need access to the web site AND a phone line for the auditory part of the tour. There is no cost for the tour. The web address for the HEATH Center is:http://www.heath. gwu.edu/

To register for the tour, click on the link below.
http://www.surveymo nkey.com/ s.aspx?sm= Tt12LAzwzXL_ 2fVYQSB69UUA_ 3d_3d

If you have difficulty with the link, please copy and paste in your browser.

Some information about the HEATH Resource Center………

The Center’s mission and focus:
The HEATH Resource Center is an online clearinghouse on postsecondary education for individuals with disabilities. The HEATH Resource Center Clearinghouse has information for students with disabilities, their families and the professionals20who support and instruct them on educational disability support services, policies, procedures, adaptations, accessing college or university campuses, career-technical schools, and other postsecondary training entities.

The website has information on financial assistance, scholarships, and materials that help students with disabilities transition into college, university, career-technical schools, or other postsecondary programs.

EXAMPLES OF RESOURCES AVAILABLE ON SITE:

News Blog: In our news section you'll find updates and announcements of special interest relating to postsecondary education, career and technical education, and young adults with disabilities. 

RSS: Allows visitors to subscribe and keep up to date with additions made to the site.

Guidance and Career Counselors Toolkit Advising High School Students with Disabilities on Postsecondary Options -- This 192-page resource contains answers to counselors' most frequently asked questions about postsecondary opportunities for students with disabilities. Students and their families are encouraged use the toolkit to help guide their transition planning for college and career.

Modules: HEATH recently published our 14 preparatory, self-directed modules for secondary students with disabilities who are preparing for transition from high school to college. Also available are modules for parents and college/university professionals.

Publications: As a clearinghouse for information, HEATH publishes and disseminates resources related to the preparation an d transition of youth with disabilities into college, career and life in the community. HEATH staff writes many of the articles, invites experts to publish with HEATH, and republishes current articles of best practice.

HEATH also publishes a quarterly newsletter that announces new information, updates in best practices, websites of interest and many other items of interest. 

Resources: HEATH's Links pages, organized into 48 different topic areas, provide a wealth of added information gathered from other websites.

THIS SITE SUPPORTS LRE AND INCLUSIVE EDUCATION IN THE FOLLOWING WAYS:

Includes information and resources that help prepare secondary school students and their families for transition from high school to adulthood and inclusion in college, career, and community. The mission of this site is to provide information and resources that all may be included in their postsecondary life.

WHO MIGHT BE ESPECIALLY INTERESTED IN THE RESOURCES ON THIS SITE?
• Youth and young adults with a disability preparing for college or career
• Family members 
• School professionals (teachers, administrators, paraprofessionals)
• College/University staff (e.g. disability supports services personnel)
• College/University Professors
• Adults returning to college with a disability (e.g. veterans)
• Friends and others interested in supporting in the community people with disabilities into adulthood.

Wednesday, May 27, 2009

Transition to Adult Life

SECONDARY TRANSITION SERVICES:

IS COLLEGE FOR YOU? SETTING GOALS and TAKING ACTION

  •  Preparing for College: 
  •  Choosing a Career Goal
  •  Learning Styles
  •  Different Types of College  Programs
  •  Advocating for Yourself
  •  High School Timelines
  •  What Have You Learned?  Asking Questions
  •  Paying for College
  •  Requesting information  from a College
  •  Critical Questions
  •  What If You Need  Accommodations"
  •  Survival Tips
  •  What Should a Parent  Do?
  •  References and    Resources

A 42 page publication free to Indiana residents.
Contact Susan Harris (skharris@indiana.edu) or Sherry Redman (sredman@indiana.edu)
812-855-6508


Monday, May 25, 2009

In Search Of Home Sweet Home

By Michelle Diament

It’s tough for anyone to find just the right living situation when mom and dad’s house is no longer an option. But throw in a disability and the answer to what’s next becomes even fuzzier.

With some creative thinking and an open mind, however, options abound, according to Mike Mayer and Derrick Dufresne, senior partners with the consulting firm Community Resource Alliance. The firm specializes in finding living situations for people of all abilities.

In this installment of Scoop Essentials, Mayer and Dufresne walk through residential options for people of all ages and give you the tools to create a situation that’s right for you.

Check out what Mayer and Dufresne have to say and then click here to submit your own questions to them.

Disability Scoop: What living options are there for people with developmental disabilities?

Mike Mayer: The oldest thing that is still available is an institutional setting. This is completely segregated from the community. The next oldest version is what is called a larger intermediate care facility for people who have mental retardation (ICFMR). In the oldest of them, up to 100 people might live there. They are typically very medically modeled facilities, with nurses and doctors calling the shots. The next oldest are 16-bed versions of the same kind of thing and they progressively get smaller down to six beds and four beds. ICFMRs tend to be very heavily regulated much more like nursing homes for people who have developmental disabilities.

In some states there still are people with developmental disabilities living in nursing homes or adult care homes, which were not designed or intended for people with intellectual or developmental disabilities.

Then we get to the newer generation of services where housing and services are separate from one and other. This tends to be called “supported living.” This environment may have from one to four people who have at least theoretically chosen to live together in the same environment.

Mixed in there somewhere are adult foster home arrangements where you have a family who says they’re willing to take someone into their home and provide supports and services.

Disability Scoop: Are residential options available for people of all ages or just those over 18?

Derrick Dufresne: Options are available for younger kids when parents or guardians make them available or if you find an agency who is willing to work on adoption options or child foster care. Or there are child caring institutions which are essentially residences for children, sometimes segregated by disability, sometimes by age. You can maintain guardianship and live in many of these settings but in many cases you give up control.

Mike Mayer: The reality is that for kids the options are much more limited. Ohio experimented some 20 years ago with a thing called the family consortium, where they had three or four families that got together to share the care for their children. The families hire the staff to work in those environments. It didn’t make the family give up being involved, but it helped them limit the amount of energy and stress that went into it.

Disability Scoop: Why would you choose one residential option over another?

Mike Mayer: A lot of people argue that because of the medical involvement or because a person doesn’t have the ability to walk or because they require special feeding assistance or because they have behavior needs or mental health challenges, that those people are best served in homes or groups or institutions that are geared toward those needs. But there’s no evidence that says that this is true and there’s a whole lot of evidence that says that this is not true. We know that people want to be in their homes, not something that is like a home.

Derrick Dufresne: If you separate housing and services, then whether or not somebody needs 24-hour support or drop-in support makes no difference. Then what you say is, let’s find this person a home that’s under the control of the individual either by lease or purchase. Then let’s make sure that they get the supports they need.

People should live in the areas they want to live in, with whom they want to live with. The number of people that live together is not based on diagnosis. It’s based on the same criteria most of us use which is who we feel we’re compatible with whether in an intimate, loving relationship or at least as roommates.

Disability Scoop: How much do these options cost and who pays for such living arrangements?

Mike Mayer: The single most expensive are the institutional environments. They can go as high as $900 per day, depending on size and all kinds of other things. ICFMRs tend to be the next most expensive. Then we look at community options. Those are by far the least expensive. In general, the bigger the setting, the more expensive and the smaller the setting, the less expensive.

ICFMR is a federal Medicaid program. Then there are the group homes that are in the community. Some of those are funded through ICFMR funding. Some of those are funded through Medicaid waiver funding. Some of them are funded with state funding. Then the individual options, the smaller options that we’re talking about, those are also funded by a combination of state and federal funds.

Disability Scoop: How can you decide what type of environment is going to be best for you and your needs?

Derrick Dufresne: We have to separate the housing and the supports. So the first part is, what supports do I need and who would I like to live with, if anybody? Then the housing component is, if you had your choice, what part of town would you like to live in? Is it important to you to live in an apartment or a single-family home? Is it important to live on a bus line?

Disability Scoop: If you’re going to live in a group situation or any type of already established residence, what should you do on the front-end to determine if it’s a good, safe and appropriate place for you? Are there any safeguards that you should be looking for?

Mike Mayer: Some questions to ask are: How many people have died there? How many people have been abused there? How many people have been neglected there? How many staff have been fired for abuse and neglect there? If you want to start with that very simple set of questions, the next thing you will find out is that the larger the facility, the more dangerous it is.

Derrick Dufresne: Regulations don’t keep people safe. People keep people safe. We are stunned by the number of people that live in the community that do not have a single person in their life other than paid staff and other than family, if they are available, that are in their lives. The one thing we say to people with disabilities and their families, especially to families, is find at least one person who’s in your kid’s life who cares about them who’s not paid to be with them. Find one person that’s in your kid’s life who’s willing to do unannounced visits. Find one person in your kid’s life that’s willing to go to the person centered plan meeting once a year. Find one person in your kid’s life that’s willing to take them out and be with them. If staff know there is somebody there in somebody’s life, they’re much less likely to cut corners than if they don’t have anybody in their life.

Disability Scoop: If you don’t see a preexisting option that’s right for you, what are some alternatives or more unique ways that people establish living situations for themselves?

Derrick Dufresne: Find a group of interested people who are willing to sit down and brainstorm. Let’s say there’s a family who lives on the south side of town and they want their loved one to live within three miles of their house. Then you brainstorm with the group about the options within three miles. When you do this, you separate the housing from the services and you can find things. It’s a process during the planning sessions of respecting what people are telling us about where they want to live and figuring out how to make it happen.

For supports, if you know that somebody wants to live in a setting with a roommate, it would be important for someone on the team to say, do these people have funding? If they don’t, how might they get funding? That would be the first thing. Then, decide who on the team is going to call the condo complex that you like. This shouldn’t be person centered planning; it should be person centered work.

Disability Scoop: Are the community-based options that we’re talking about available to people in all states?

Derrick Dufresne: Yes. The Medicaid waiver is available in all 50 states. But unlike institutions and some of these ICFMRs, there’s a cap on the number of slots available for Medicaid in each state. You have to be able to get a slot, which is usually held by the disability agency in the state.

Disability Scoop: Are there options that exist if you can’t get on the Medicaid waiver because you don’t qualify or you’re on a waiting list?

Derrick Dufresne: Absolutely. This is where you especially need creative people. Is there a person who’s elderly whose husband or wife passed recently who has a house where the person could live? In exchange for companionship or maybe in exchange for some support the elder needs, the person agrees to give free room and board. Are there options for people within their own communities through churches, charities or otherwise?

We never know, but we are rapidly reaching the place in the next three to seven years where there’s likely to be no more room (on the Medicaid waiver) and if we’re not thinking about this question, we’re going to have an even deeper problem.

Disability Scoop: What resources are available to help people who are looking at various residential options?

• Person-Centered Planning Made Easy: The PICTURE Method by Steve Holburn, Anne Gordon and Peter M. Vietze • A pamphlet from the Minnesota Developmental Disabilities Council called “It’s Never Too Early, It’s Never Too Late” • Michael Smull has a planning system called Essential Lifestyle Planning • Within your community, call the local disability agency and ask if they have planning tools to share.

Friday, May 22, 2009

Behavior Problems & Discipline: What parents and teachers need to know

by Sue Whitney and Pam Wright

"Our 11 year old son has autism. His mental functioning is at the level of a very youngchild. Since he was placed with an aide for most of the school day, his aggressive behavior at school increased. He says the aide hurts him. We discussed these problems with the IEP team. They agreed that the aide was the problem."

"Six weeks ago, he cursed the aide. The school filed charges against him for 'sexual misconduct.' He has been at home since. A teacher comes to the house 2 or 3 times a week for about an hour. He receives little or no instruction and none of the related services (speech therapy, occupational therapy) in his IEP. What can we do?"

As the school year winds down, we are receiving many emails from parents and teachers about children who are being suspended, expelled and sent home from school for long periods of time.

An eleven-year old child with autism is charged with sexual misconduct and is suspended from school for six weeks? It is clear that this child's behaviors are symptoms of a larger problem that needs to be addressed. Putting him out of school will not address these problems.

Consult with an Attorney

These parents need to consult with an attorney who has expertise in special education issues. 

Contact your state disability rights organization (Protection & Advocacy system) or an education attorney. Describe your situation in detail. Here are some places to look for an attorney: 

Attorneys by state from the Council of Parent Attorney and Advocates 
Yellow Pages for Kids with Disabilities from Wrightslaw
Special Needs Advocate and Attorney Directory from Education-a-Must


Behavior Issues and Discipline

If you are a parent, teacher or administrator who is dealing with behavior problems or school discipline issues, you need to know about the right to a free appropriate public education, the role of the IEP team, functional behavior assessments, and behavior intervention plans. 

All Children with Disabilities Are Entitled to a Free Appropriate Public Education (FAPE) 

When Congress reauthorized IDEA 2004, they maintained the child's right to a free appropriate public education (FAPE). The law requires the state to have policies and procedures to ensure that a free appropriate public education (FAPE) is available to all children with disabilities ... including children who have been suspended or expelled from school." (20 U.S.C. § 1412(a)(1), see Wrightslaw: Special Education Law, 2nd Edition, page 71)

Developing the IEP

In developing the IEP, the IEP team is required to consider:
* the strengths of the child;
* the concerns of the parents for enhancing the education of their child;
* the results of the initial evaluation or the most recent evaluation of the child;
* the academic, developmental, and functional needs of the child. (20 U.S.C. § 1414(d)(3)(A), see Wrightslaw: Special Education Law, 2nd Edition, page 103)

The child's IEP team is also required to consider "Special Factors" that affect the child's ability to learn:

"In the case of a child whose behavior impedes the child's learning or that of others, consider the use of positive behavior interventions and supports, and other strategies to address that behavior;" (20 U.S.C. § 1414(d)(3)(B), see Wrightslaw: Special Education Law, 2nd Edition, page 103)

Protections (Procedural Safeguards)

IDEA includes safeguards that are designed to protect the rights of children with disabilities and their parents. Read theProcedural Safeguards Notice you received at the last IEP meeting so you understand these rights (you may need to read this Notice several times).

The law about disciplining children with disabilities is in Section 1415(k) (Wrightslaw: Special Education Law, 2nd Edition, pages 118-123). If you have a child who is being disciplined or put out of school, you need to read this section. Use a highlighter and make notes.

In essence, the school "may remove a child who violates a code of student conduct from their current placement to an appropriate interim alternative educational setting, another setting, or suspension for not more than 10 school days." 

If a child is removed from the current placement, the child shall 

(i) "continue to receive educational services ... to enable the child to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child's IEP ..."

(ii) receive, as appropriate, a functional behavioral assessment, behavior intervention services and modifications, that are designed to address the behavior violation so that it does not recur." (Section 1415(k)(1)(D)); see Wrightslaw: Special Education Law, 2nd Edition, page 119)

Manifestation Determination

The IDEA requires that "within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of school conduct ..." the school, "the parent, and relevant members of the IEP Teamshall review all relevant information in the student's file, including the child's IEP, any teacher observations, andany relevant information provided by the parents to determine -

(I) if the conduct in question was caused by, or had a direct and substantial relationship to the child's disability; or

(II) if the conduct in question was the direct result of the local educational agency's failure to implement the IEP.

If the group determines that the child's behavior was a manifestation of the child's disability, the IEP team shall -

(i) conduct a functional behavioral assessment, and implement a behavior intervention plan ...

(ii) in the situation where a behavioral intervention plan has been developed, review the behavioral intervention plan... and modify it, as necessary, to address the behavior; and

(iii) ... return the child to the placement from which the child was removed ..." (20 U.S.C. 1415(k)(1)(F)); seeWrightslaw: Special Education Law, 2nd Edition , page 120) 

Publications and Resources: Behavior and Discipline 

Disciplining Students with Disabilities

"A child runs, out-of-control, down the busy school hallway and punches another child who is quietly waiting in line outside her classroom. She starts to cry while the disruptive child continues down the hall, not responding to the teacher aide's commands to stop."

"Another adult says, 'He's special ed, there's nothing that we can do. You can't send him to detention. I'll tell his teacher.' The aide is frustrated and upset as she comforts the crying child."

What do you think of this scenario?

As Dr. Kevin Dwyer points out, "Nothing in IDEA restricts schools from disciplining children with disabilities. In fact, some contend that if the school does not address a dangerous behavior, the school is not providing the student with special needs with an 'appropriate' education. Children may need specialized services to change the disruptive and dangerous behavior and to make sure that whatever discipline is used works in preventing a reoccurrence of that behavior."

In Disciplining Student with Disabilities (National Association of School Pyschologists, NASP Communique, Vol 26-2), Dr. Dwyer provides practical ideas about how to improve the chances that the child's positive behaviors will increase and negative behaviors will decrease. These concepts can be applied to children with disabilities who have behavior problems and other troubling students.

Functional Behavioral Assessment & Positive Interventions: What Parents Need to Know

Is the child a problem? Does the child have a problem? Is suspension from school "good medicine for bad behavior?" 

In Functional Behavioral Assessment & Positive Interventions: What Parents Need to Know, attorney Dixie Jordan describes strategies parents and teachers can use to assess problem behavior and teach appropriate behavior skills to children.

Download Functional Behavioral Assessment & Positive Interventions: What Parents Need to Know from 
http://www.wrightslaw.com/info/discipl.fba.jordan.pdf

An IEP Team's Introduction to Functional Behavioral Assessment and Behavior Intervention Plans (2nd edition)

The functional behavioral assessment is a problem-solving process for addressing student problem behavior. The functional behavioral assessment identifies the purposes of a specific behavior and helps IEP teams select interventions to address the problem behavior. 

In An IEP Team’s Introduction To Functional Behavioral Assessment and Behavior Intervention Plans, you will learn about:

* IDEA Rights and Requirements; IEP Team Roles and Responsibilities 
* Why a Functional Assessment of Behavior is Important 
* How to Conduct a Functional Behavioral Assessment 
* Identifying the Problem Behavior 
* Alternative Assessment Strategies 
* Techniques for Conducting the Functional Behavioral Assessment 
* Indirect Assessment, Direct Assessment, Data Analysis
* Hypothesis Statement 
* Individuals Who Assess Behavior 
* Behavior Intervention Plans 
* Addressing Skill Deficits & Performance Deficits
* Modifying the Learning Environment & Providing Supports 
* Evaluating the Behavior Intervention Plan

Download An IEP Team’s Introduction To Functional Behavioral Assessment and Behavior Intervention Plans from 
http://www.fape.org/idea/what_idea_is/osher/main.htm

Functional Behavioral Assessments: What? Why? When? Where? Who?

In Functional Behavioral Assessments: What? Why? When? Where? Who? Dr. Stephen Starin describes problem behaviors, functional behavior assessments, environmental manipulation, and qualifications and training of evaluators.

You can download Functional Behavioral Assessments: What? Why? When? Where? Who?
 fromhttp://www.wrightslaw.com/info/discipl.fab.starin.htm
 
 
More Resources

Why Johnny Doesn't Behave: Twenty Tips for Measurable BIPs by Barbara Bateman and Annemieke Golly

Why Johnny Doesn't Behave provides useful, concrete tips to help manage behavior, including:
* Make expectations clear 
* Teach expectations 
* Minimize attention for inappropriate behaviors
* Pay attention to behavior you want

One section about Functional Behavior Assessments (FBAs) and Behavioral Intervention Plans (BIPs) includes sample FBAs and BIPs. Parents of children with challenging behaviors may want to order two copies of this book - one for them, and one for the school.

Why Johnny Doesn't Behave is available from Amazon and other online bookstores.

Wednesday, May 20, 2009

Kids with Behavior Problems: What are schools required to do?

by Pete Wright

Question

One of our students is a 15 year old tenth grader who is diagnosed as "seriously emotionally disturbed." Academically, he is functioning on approximately 2nd grade level. His current placement is 23.5 hours a week in a self-contained classroom, with 7.5 hours in general education - this placement is because of behavior problems.

School problem behaviors include: Cursing, threatening to kill teachers, threatening to kill administrators, fighting with peers, jumped out of moving school bus to fight, spitting on peer. Non-compliant. Total disregard for authority figures. Home behavior includes: Running away, non-compliance, starting fires, threatening adults, threatening to blow up school, etc.

He was placed in residential treatment facility on an emergency basis. Because of insurance issues, he will be released in 48 hours. This placement was done by law enforcement and health agencies after a blow up at home.

School officials have met many times to review placement, goals and needs.

What obligations does the school system have? Must the school continue to provide special education services in the current setting if they believe the student is a danger to himself or others? What if the school has no alternative placement within the system that is appropriate? What about the safety of the other students, teachers, administrators?

A psychological report confirms that the student is a danger, capable of shooting others. This situation is immediate. Please respond.

Answer

School's Legal Obligations

Regarding the school's legal obligations, you should read the U. S. Supreme Court's decision in Honig v. Doe(http://www.wrightslaw.com/law/caselaw/ussupct.honig.doe.htm) that was issued in 1988. The legal citation for Honig v. Doe is 484 U.S. 305.

You will also find Honig v. Doe in our book, Wrightslaw: Special Education Law, 2nd EditionThe facts in Honig are similar to the facts you describe in your case.

But What is Driving Him?

You need to know what is driving this kid to act the way he does. Did he pop out of the womb as an angry vicious young man? Or, did his anger develop slowly over time?

Schools often develop treatment plans (IEPs) without adequately studying the case history and why previous efforts failed or exacerbated the problem. As the kid gets worse, schools (and society) blame the kid, instead of looking at what should have been done and was not done, and what can be done now.

This is why, when I am consulted about a case, I insist on seeing the earliest reports and test data, I read everything in chronological order, pre-school and KG reports first, so I can see how the child evolved and what happened. By the time I get to the end of the very thick file, it all clicks and makes sense. The present situation is absolutely predictable. What to do?

Organize the File

Get the entire file, put it all in chronological order, read through it slowly and carefully. Take all standardized test data, especially subtest data, and make a rough chart of the scores.

If you do this, it will help you see what happened. This will take several hours, but you'll probably have some good answers about what the true problem is --  but probably not the solution. 

Good Diagnostics Before Solutions 

Coming up with the correct solution may require additional testing to narrow down, diagnose, and set up a treatment plan. It is hard work, but this is what it takes to change a child, not just pass the child on to someone else so he becomes their problem.

Shift to the medical model: Assume that you are a medical doctor. You are treating a patient for a cold. Several weeks have passed but your patient's cold hasn't gotten better. Instead, the patient continues to complain, is listless, the cough has worsened. Now, the patient is wheezing. Do you continue with the same treatment? Do you prescribe more cough medicine? Do you do a more thorough diagnostic workup? Do you think the patient coughing willfully? Do you decide that the patient is "choosing" to cough? Do you blame the patient when the situation spirals out of control?

Need to Remediate Skills

Why is this kid functioning at the second grade level after roughly 10 years of education?

How can middle school and high school kids function with second grade skills? 

Why are schools are content with this? 

Why are we surprised when kids erupt after years of frustration and failure? 

Who failed?

Private sector schools like the Kildonan School (http://www.kildonan.org) and Trident Academy(http://www.tridentacademy.com/) take kids whose skills are many years delayed and teach basic reading, writing, spelling, and arithmetic skills. 

If this kid masters these basic skills, he will be able to learn other things through life.

This youngster probably needs to work with someone who is qualified and trained in Orton-Gillingham and can work with him several hours a day, one on one, to jump start his skills.

Many schools are inflexible and cannot or will not provide remediation. Others believe that you cannot remediate an adolescent which is simply not true. 

So another lost angry kid is thrust out into society, takes out his frustrations on others, and is incarcerated.

Has a Functional Behavioral Assessment been completed on this boy?

Read the article on our website by Dr. Steven Starin about Functional Behavioral Assessments. (http://www.wrightslaw.com/advoc/articles/Functional_Behavioral_Assessment_Starin.html)

Monday, May 18, 2009

IEP's for children with behavior issues

by Pat Howey, Paralegal and Advocate


Question: Help! The school had my child with autism arrested. The charges were dismissed but I am afraid this will happen again. What can I do?

Answer: You are wise to think this may happen again. You need to write a letter and request that the IEP team meet to review and revise your child's IEP, in light of the behavior issues that led them to have him arrested. Your letter should include relevant information about your child's history and your concerns. (For more about this, read Preparing for IEP Meetings: Providing Information & Sharing Concerns)

But first, 
you need to learn what the law requires IEP teams to do when when children with disabilities have behavior problems. 

The 
IDEA 2004 regulations and commentary to the regulations were published in August 2006. The law, federal regulations and commentary describe what IEP teams must do when a child's behavior "impedes the child's learning or the leading of other children." 

Do not assume that your child's IEP team is knowledgeable about these requirements. 

The questions and answers about the requirements for meeting the needs of children with behavior problems (below) are taken from IDEA 2004, the special education regulations, and the Commentary. 


Note
Wrightslaw: Special Education Law, 2nd Edition includes IDEA 2004 and the special education regulations. You can download the special education regulations and commentary and other resources from IDEA 2004 at Wrightslaw.

If a child’s behavior impedes the child’s learning or that of others, must IEP Teams base positive behavioral interventions and support on a functional behavioral assessment?

Yes. Conducting functional behavioral assessments typically precedes developing positive behavioral intervention strategies.

Does “consideration of special factors” address the behavioral needs of children with disabilities in the IEP process?

Yes. The IEP Team determines whether a child needs positive behavioral interventions and supports. If the behavior of a child impedes the child’s learning or the learning of other children, the IEP Team must consider the use of positive behavioral supports, supports, and other strategies to address that behavior. (20 U.S.C. § 1414(d)(3)(B)(i), 34 C.F.R. § 300.324(a)(2)(i))

If the child's behavior impedes the child's learning or that of others, must the IEP Team develop a plan to address these problem behaviors?

Yes. If the child's behavior impedes his learning or the learning of others, the IEP team must include strategies, including positive behavioral interventions, supports, and other strategies to address that behavior. If the child's behavior that impedes learning is not addressed in the IEP, the IEP Team must review and revise the IEP to ensure that the child receives appropriate positive behavioral interventions and supports and other strategies. (34 C.F.R. § 300.324(a)(2)(i) and 34 C.F.R. § 300.324(a)(3)(i).

Must school districts train teachers regarding the use of positive behavioral interventions and support?

Yes. School districts must provide teachers with high-quality professional development, including the use of scientifically based instructional practices. School districts must ensure that personnel have the skills and knowledge necessary to improve the academic achievement and functional performance of children with disabilities. Each district must ensure that all personnel necessary are appropriately and adequately prepared. (20 U.S.C. § 1412(a)(14), 34 C.F.R. § 300.156) 

Each State must establish and maintain qualifications to ensure that personnel are appropriately and adequately prepared and trained, and have the content knowledge and skills to serve children with disabilities. (20 U.S.C. § 1412(a)(14), 34 C.F.R. § 300.156(a))

Must school districts use research-based positive behavioral supports and systematic and individual research-based interventions when addressing the behavioral needs of children with disabilities in their IEPs?

Yes. School districts must ensure that scientifically based research drives their professional development activities and services. (34 C.F.R. § 300.226(b)(1)) 

The implementation of early intervening services specifically focuses on professional development for teachers and other school staff to enable such personnel to deliver scientifically based academic and behavioral interventions, and providing educational and behavioral evaluations, services, and supports. (20 U.S.C. § 1413(f)(2), 34 C.F.R. § 300.226(b)(1))

The definition of "scientifically based research" is included in the regulations (34 C.F.R. § 300.35). Scientifically based research is referenced in IDEA 2004 (20 U.S.C. § 1411(e)(2)(C)(xi)). The full definition of the term “scientifically based research” includes that a peer-reviewed journal published the research, or that a panel of independent experts through a comparably rigorous, objective, and scientific review approved it.

Must public agencies provide positive behavioral interventions and supports for all children identified as having an emotional disturbance?

No. IEP Teams make decisions on an individual basis for each child. IEP Teams need not consider such interventions, supports, and strategies for a particular group of children, or for all children with a particular disability. IEP Teams mustconsider the use of positive behavioral interventions and supports, and other strategies to address the behavior of a child whose behavior impedes the child’s learning or that of others. (20 U.S.C. 1414(d)(3)(B)(i)), 34 C.F.R. § 300.324(a)(2)(i))

More IEP & IDEA 2004 Resources

Legal Requirements of IEPsWrightslaw WebEx Training CD-ROM (1.25 hr training)

IDEA 2004: What You Need to Know About IEPs & IEP Meetings How did IEPs change under IDEA 2004? What does the law say about developing, reviewing and revising IEPs? Who may be excused from IEP meetings, when, how? When can the child's IEP be changed without an IEP meeting? What services must be provided when a child transfers to a district in the same state? A different state? What are “multi-year IEPs”? 

IDEA 2004: What You Need to Know About IEP Team Members & IEP Team Attendance - 
Learn about IEP team members and IEP team attendance, when team members may be excused from a meeting, and what parents and the school district must do before a team member may be excused.

IDEA 2004: What You Need to Know about IEPs, Highly Qualified Teachers & Research Based Instruction - Learn about new language in IDEA 2004 that is designed to ensure that children with disabilities are taught by highly qualified teachers and receive research based instruction. This article includes new requirements for personnel training, IEPs, and scientifically based instruction.

10 Tips: How to Use IDEA 2004 to Improve Education for Children with Disabilities - Parent attorney Wayne Steedmanexplains how IDEA 2004 creates a higher standard for a free, appropriate public education and how parents can use NCLB to obtain a better IEP for their children. Learn how to include research based methodology in the IEP and ensure how to that the IEP goals are comprehensive, specific -- and measurable. Wayne advises you about pitfalls to avoid and offers advice about how you can resolve disputes without resorting to a due process hearing - and what you should do if you cannot resolve your dispute.

Saturday, May 16, 2009

Thursday, May 14, 2009

Finding Inner Peace Following A Diagnosis

By Michelle Diament at Disability Scoop

My son was diagnosed over a year ago, and is doing well. But, I find myself jealous and almost hateful of others and their “normal” children. I feel terrible that I have these feelings. How can I deal with this? — Rita, 38

Louise W. Gane: It is okay to feel “jealous and almost hateful of others and their ‘normal’ children.” It’s just that we are taught that these are “bad” feelings and we shouldn’t feel this way. I don’t agree with that logic. I think your anger is appropriate and you should get to ask “why me?”

I can’t answer the why, but I can say the following. When you are feeling angry, jealous, etc., you are taking that time away from your child. So what you might want to try is that when you experience these feelings, accept them. Then redirect that energy back to your child and how much you love him (not compared to anybody or anyone else), how much joy he brings you, and be thankful for the time you have together and all the things that the two of you are learning together. Plus, put energy into picturing a happy future for you and your family. We truly can create our own future by visualizing it and now is your time to be actively visualizing your future. You can do this by creating a positive from a negative and you will not feel “terrible” but will feel happy and reassured.

I work in special education and have worked with parents of children ages 3 to 10 years who seem to be in “denial” about the disability diagnosis and prognosis. I want them to have high expectations, but it also helps to be realistic in the short term. Is there a way we can compassionately provide parents a balanced view of the diagnosis and what can reasonably be expected in the near term? What would you suggest in terms of communication and language to use in such circumstances? — Tracy S, 42, California

Louise W. Gane: You pose an interesting question and one where there really is no “right” answer. When children with special needs are young, it is important to be encouraging and to maintain hope in the child’s potential. As parents, one wants a child not to be labeled or limited and this can be seen as having high expectations (this can also be viewed as having “unrealistic” expectations), which can make it difficult for the professional working with the child. Some may call it “denial” when parents or family members do not see the limitations that may be there, but I see it as “hope.” For any child it is important to recognize their individuality and to play to their strengths.

If you would like to see the parents focus on the present and near future, then you may find it helpful to work with parents on what has been and will be achieved in a specific period of time and how that relates to the child achieving their fullest potential in the future.

It is hard when parents become more aware of the gap between their own child and that of his or her peers. This usually occurs as a child ages and is expected to learn and use more abstract skills. I often explain (in layman terms) to parents the developmental process between concrete and abstract skills. I reassure parents that their child is not losing skills (as in the case of fragile X). They are just not able to master the skills at the pace we would like them to.  Therefore, we have to address the child’s weak areas by maximizing and adapting the strong skill areas and that this may mean pullouts and extra help, which will hopefully be successful in placing the child back into the classroom feeling more secure and successful.

I try to be realistic but always add hope for the future and emphasize that whatever is being done today is to help maximize the child’s success for tomorrow. The key is in the communication, partnering with the parents and providing continued information about the child’s efforts and successes.

What is the best way to obtain a helpful “diagnosis”? Public school districts usually go through a battery of standardized testing often administered by “diagnosticians” with no professional credentials. Because such testing relies heavily on reading and oral expression, it doesn’t seem to provide much insight on how to help a child. Doctors and psychologists don’t seem to have much of a clue either. Any suggestions? — E.E., 45

Louise W. Gane: A “diagnosis” can be hard to obtain. At our clinics, the minimum we ask for is a Stanford-Binet, WISC, WAIS, or if the child is nonverbal, a Leiter or Mullen for cognitive assessment and to ascertain if there are splits in cognition skills. If we are trying to make a diagnosis of autism or to rule it out, we use the ADOS and the ADI and the DSMIV. In addition, depending upon the child’s difficulty, we will ask for testing looks for ADHD, auditory processing and anxiety issues underlying the learning difficulty.

Many of these tests are very costly and schools often cannot afford to do the more specialized testing. In California, we have regional centers, which can often perform the needed testing. Also, the child’s difficulties may indicate the need for a genetic evaluation by a geneticist or developmental assessment by a developmental pediatrician. Ideally, to make a diagnosis, a team of people are needed. Even then, the reality is that often we don’t know what the underlying cause (etiology) of the child’s difficulty is. This can make it very frustrating for a family.