Module 2 An Overview of Special Education Law The Wyatt Special Education Advocacy Training (WSEAT) A Resource of PWSA (USA) www.pwsausa.org

Functional Behavioral Assessments – Common Issues Defining Behavior: student’s target behaviors(s) described in vague not concrete terms (e.g. Jack’s behavior is ‘disrespectful’)  Context/Settings: the context/setting under which the target behavior is most and least likely to occur are not identified Skill Deficits – No examination of present levels of performance and whether behavior is related to skill deficits

Functional Behavioral Assessments – Common Issues Indirect Assessment: no interviews with the student, or parent(s), and/or other school personnel who have observed the target (problem) behavior (e.g. Jack’s target behavior is reported as occurring on playground yet playground monitors not interviewed) Direct Assessment: no student observation; student observation done in wrong setting (e.g. Jack’s target behavior observed only on the playground yet observation done in classroom); No baseline data collected re target behavior and replacement (desired) behavior  

Functional Behavioral Assessments – Common Issues Data Analysis: no baseline data available to review Hypothesis Statement: does not state the function of the target behavior; does not articulate a three-fold statement—when X occurs, the student does Y, in order to achieve Z Testing of Hypothesis Statement: no evidence that the Hypothesis Statement re function of behavior was tested for accuracy

Functional Behavioral Assessments – Who Conducts Team Approach – Student’s IEP team and someone knowledgeable about behavior (e.g. social worker, school psychologist). Most of the FBA behavioral information should be collected by social worker or school psychologist. Student records, data re possible skill deficits can be collected by teacher(s) or other IEP Team Members. All FBA data\information is reviewed by IEP team members. The IEP Team members develop Hypothesis Statement and agree on method(s) for testing Hypothesis Statement.

Behavior Intervention Plans (BIPs) – Peer Reviewed Research (PRR) Elements Person(s) responsible for implementing the BIP – Must be listed on the BIP Baseline data re Target (problem) Behavior rate – Must be determined via FBA and included in BIP. Essential!! Baseline data re Replacement (desired) Behavior rate- Must be determined via FBA and included in BIP. Essential!!

Behavior Intervention Plans– PRR Elements Timeline for routinely assessing faithful BIP implementation - Must include timeline for monitoring whether BIP is being fully implemented (e.g. weekly initially; after 6 weeks, bi-weekly monitoring) Person responsible for assessing faithful implementation of the BIP – Must be listed on the BIP. Must not be person with conflict of interest

Behavior Intervention Plans– PRR Elements Timeline for monitoring and evaluating changes in the student’s target (problem) and replacement (desired) behaviors – Must include timeline for collecting and analyzing behavioral ‘progress data’ The use of positive reinforcements for appropriate student behavior – Must include a pattern of positive reinforcement. Should include student’s input re effective positive re-enforcers (e.g. Interest Inventory) Varying reinforcements – Must include more than 1 or 2 positive re- enforcers to ensure student does not get bored

Behavior Intervention Plans– PRR Elements Replacement (desired) behavior compliance rate – Must be tied to and realistic in light of current replacement behavior rate ; Example – Imposing 80%-100% replacement (desired) behavior rates immediately for a student with a disability regardless of baseline data (current replacement behavior rate of 25%) is completely unrealistic and will cause the BIP to fail. Main reason BIPs fail!! Consider New Year Resolutions (NYRs) - only 8%-12% of adults fulfill their NYRs. NYRs involve behaviors adults have identified they need to change. 88% - 92% of all adults unable to change their behavior. (See research by University of Scranton)

Behavior Intervention Plans (BIPs) – Who Develops BIPs are part of a student’s IEP. BIPs are thus developed by a student’s IEP Team Tip – In developing BIPs remember issue of frequency of Adults who violate traffic speed limits daily…almost invariably, far more dangerous behavior than student in question’s school behavior

Related Services Under IDEA Related Services means transportation and such developmental, corrective and other supportive services as are required to assist a child with a disability to benefit from special education. 34 C.F.R.§300.34 Sixteen different types of related services are listed and defined in the IDEA Regulations. 34 C.F.R. §300.34(c)(1)-(16) Related services relevant for IDEA eligible students with behavioral challenges include psychological services, counseling services, social work services and parent counseling & training. 34 C.F.R. §300.34(a) & (c)(2),(8),(10),(14)

Definitions of Related Services Psychological services includes: Obtaining and interpreting information about a child’s behavior and conditions related to learning Consulting with other staff members in planning school programs to meet the special educational needs of children as indicated by psychological tests, interviews, direct observation and behavioral evaluations Assisting in developing positive behavioral intervention strategies Planning and managing a program of psychological services, including psychological counseling for children and parents. 34 C.F.R. §300.34(c)(10)

Definitions of Related Services Psychological Services can thus include: Observation of the student in the school settings where behavior issues occur Interviews with the student, parent(s), teachers, and other personnel (e.g. cafeteria staff; bus driver; playground monitors, etc.) who have observed the student’s behavior Reviewing attendance records and discipline incidents Performing a curriculum based assessment to check whether the student’s behaviors are related to skill or performance deficits

Definitions of Related Services Psychological Services (cont.): Consulting with school personnel to develop appropriate school programs including a BIP with the IEP team Developing and implementing PBIS strategies to use with the student including as part of a BIP. DOE Commentary to IDEA Regulations, 71 Fed. Reg. 46574 (2006). Providing counseling services to a student and joint counseling to both the student and parent if desired

Definitions of Related Services Social work services includes: Group and individual counseling with a child and family Mobilizing school and community resources to enable a child to learn as effectively as possible in his/her educational program Assisting in developing positive behavioral intervention strategies 34 C.F.R. §300.34(c)(14)

Definitions of Related Services Social Work Services include: Providing counseling to the student and also the parent/other family members if desired Obtaining community services that will support a student in achieving the same academic and\or behavior skills he/she is working on at school Community Services can include: - community mental health resources - adult mentors (Big Brothers, Big Sisters) - friendship/peer mentor opportunities (boys/girls clubs; cub scout/boy scouts, community athletic teams, etc.) - recruiting a community volunteer(s) to assist the student at school Developing and implementing PBIS strategies to use with a student

Definitions of Related Services Social Work Services: DOE has stated that social work services are not limited to the three services listed above All three of the above Social Work related services can also be provided to address behavior issues that occur in nonacademic and extra-curricular activities/settings (e. g. school bus; cafeteria; after-school programs, etc.) DOE Commentary to IDEA Regulations, 71 Fed. Reg. 46575 (2006)

Definitions of Related Services Occupational Therapy Means services provided by a qualified Occupational Therapist Includes : Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation Improving ability to perform tasks for independent functioning if functions are impaired or lost Preventing, through early intervention, initial or further impairment or loss of function 34 C.F.R. 300.34(b)(6)

Definitions of Related Services Parent counseling and training includes : Assisting parents in understanding the special needs of their child Providing parents with information about child development; and Helping parents to acquire the necessary skills that will allow them to support the implementation of their child’s IEP 34 C.F.R. §300.34(c)(8).

Definitions of Related Services Parent Counseling and Training can include: A social worker or school psychologist providing training to help parents acquire any skills necessary to implement behavior intervention strategies in their child’s IEP or BIP, including PBIS, at home (assuming the parent agrees with the IEP goals or BIP)  

Measurable Annual Related Services Goals IDEA requires an IEP to include measurable annual academic and functional (e.g. behavioral) goals. 34 C.F.R. §300.320(a)(2)(i)(A),(B) For related services, the IEP document lists the type of related service and its frequency and duration (e.g. social work service - 1x week for 30 minutes). It often does not include measurable annual related services goals The projected start date and the frequency, duration, and location of related services are required in an IEP. 34 C.F.R. §300.320(a)(7)

Measurable Annual Related Services Goals No annual related services goals mean: It’s not possible to know if the related service (e.g. social work) will address the student’s problem behavior(s) Parents and/or student have no input into the goals for the related service Parents and/or student will not know if related services goals are being implemented and met Parents will not be able to support their student’s pursuit of any related services goals

Measurable Annual Related Services Goals Measurable annual related service goals should: Address the problem behaviors Include specific appropriate behaviors (called replacement behaviors) that will be taught Include a description of the psychological, social work, or counseling services that will be used to help the student develop the appropriate behaviors (and evidence that they meet IDEA’s peer reviewed research standard) Include any teaching or consulting goals for school personnel and\or family members so they can help the student develop the appropriate behaviors

Related Services Progress Reports IDEA requires that the IEP include a description of: How the child’s progress toward meeting the IEP’s annual goals…will be measured When the periodic reports on the progress the child is making toward the IEP’s annual goals…will be provided 34 C.F.R. §300.320 (a)(3)(i),(ii) Progress reports are tied to IEP’s annual goals. Another reason annual related services goals are necessary No annual related services goals, no clear method is available for measuring the student’s progress nor for creating a timetable providing progress reports  

Related Services Progress Reports Related Services Progress Reports must include: Documentation that related services annual goals were addressed in each related services session Objective information and data re the student’s progress toward the annual related service goals. Should reflect the student’s rate of engaging in both the problem behavior(s) and appropriate behavior(s) at the beginning and end of the period covered by the progress report The number of sessions provided and the number of minutes per session compared to the number of sessions and minutes per session listed on the IEP. Any difference should be explained in the progress report  

Related Services and FAPE Denials Common related services issues involving FAPE denials: Related services are not individualized based on need The level of related services (frequency and duration) has little or no relation to students problem behaviors. One size fits all phenomena The level of related services is insufficient to cause changes in the students behaviors Failure to adjust the intensity or frequency of related services to cause changes in student’s behaviors and a reduction in discipline referrals

Extended School Year Services

ESY Services- Defined Extended school year services are defined as special education and related services that are: Provided to a student with a disability beyond the length of the normal school year (not limited to summer months) In accordance with student’s IEP At no costs to the parents of the student See 34 C.F.R.§300.106

ESY Services– A Consideration For All Students With Disabilities Local school districts must determine eligibility for ESY services for every student with a disability (Part of FAPE) School districts cannot restrict ESY services to students with specific types of disabilities 34 C.F.R. 300.106(a)(3)(i)

ESY IEP Goals and Objectives Usually, goals (and objectives) addressed through ESY services will be an extension of those on the current-year IEP In some instances, new goals (and objectives) may be necessary

ESY – Eligibility Determination and Criteria Eligibility for ESY services is determined by a student’s IEP team The most common eligibility criteria include; regression/recoupment; critical point of instruction\emerging skill; excessive absences; extenuating circumstances

ESY Services – Addressing Students’ Needs The team must develop an ESY IEP that includes: Measurable goals The type of services, i.e. instructional, behavioral, transition, and/or related services to be provided The amount and duration of each service The least restrictive environment in which ESY services will be provided

ESY Services – Amount and Duration IEP team must determine amount and duration of ESY services for each eligible student. A school district cannot unilaterally limit the type, amount, or duration of ESY Services (e.g. offer a “one-size-fits-all” ESY program - 4 week program, 3 hours/day - to all eligible students). 34 C.F.R. 300.106(a)(3)(ii)

ESY Services and Least Restrictive Environment ESY services must be provided in the least restrictive environment. School districts can use general education summer school programs, community Recreational and educational programs, and private schools as environments in which inclusive ESY services are provided.

ESY Decisions Must be Made Timely ESY decisions are timely if there is enough time for the parent to appeal a denial of ESY services and obtain those services through a due process hearing or state administrative complaint before services begin in the summer or over the holidays.

ESY Eligibility Criteria Regression/Recoupment Without ESY services, a student will regress in one or more critical IEP goals/ objectives during a school break and Will not recoup/recover the lost skills in a reasonable period of time following the school break.

Regression/Recoupment Following a 5-10 school days break, a reasonable recoupment period for a student to reach pre-break levels is one week. Following a summer break, a reasonable recoupment period to reach pre-break levels is four weeks.

Regression/Recoupment Data collection is critical to Regression-Recoupment determinations. Data must be collected re current skills at end of school year – last two weeks Data must be collected at start of school re regression of skills Data must finally be collected re recoupment of skills…how long?

ESY Eligibility Criteria-Critical Point of Instruction ESY services are necessary to enable a student to achieve a critical point of instruction which will prevent: Any loss of general education class time or any increase in special education service time due to a lack of academic or social skill development OR

ESY Eligibility Criteria-Critical Point of Instruction Prevent any loss of significant progress made toward the acquisition and/or maintenance of a critical -Self help -Community access -Academic skills -Social/behavioral skills.

ESY Eligibility Criteria-Excessive Absences A student has been absent during the school year for more than twenty (20) to twenty-five (25) days for health related reasons AND Has failed to make meaningful progress on his /her IEP goals/objectives

ESY Eligibility Criteria - Extenuating Circumstances A student does not meet any of the ESY eligibility criteria yet still needs ESY services. Examples: Student in a self-contained class placement may be able to increase time in general education classes if provided ESY services OR Student has numerous health related absences by the screening date and IEP team expects he/she will be absent several more days because of a diagnosed health condition.

Next Steps Free resources for each training module are available for download from the PWSA (USA) website – www.pwsausa.org. If you need assistance with a school issue, please contact PWSA (USA) at 800-926-4797 and ask to speak to a Family Support Counselor. If you have questions or comments about this module or the WSEAT in general, please contact Evan Farrar at efarrar@pwsausa.org No portion of the WSEAT is reproducible without the written permission of PWSA (USA) and/or the presenters of each module.

This concludes the webinar... Thank you for attending

The Wyatt Special Education Advocacy Training (WSEAT) is generously funded by the PWSA (USA) Willett Fund and a generous grant from the RBC Foundation allowing PWSA (USA) to provide this important training for free to the PWS Community. The WSEAT is named in memory of David Wyatt who was PWSA (USA)’s first Crisis Intervention and Family Support Counselor. The Wyatt Special Education Advocacy Training (WSEAT) A Resource of PWSA (USA) www.pwsausa.org

DISCLAIMER While every effort is made to ensure that the training materials provided in this module are updated with the most recent best practices and developments in the field of special education advocacy and supporting students with Prader-Willi syndrome in school settings this may not always be possible.  New developments may occur and not be included in this module of training until it is updated. Additionally, some statements and views in these materials may represent the opinions of the presenter and not necessarily the views of the Prader-Willi Syndrome Association (USA).  The information in this training is not intended as legal advice and it should not be relied upon or used for legal purposes.  The Prader-Willi Syndrome Association (USA) expressly disclaims any liability for any direct or indirect damage resulting from the use of this training as a whole or parts thereof. The Wyatt Special Education Advocacy Training (WSEAT) A Resource of PWSA (USA) www.pwsausa.org