1. Special Education Legal Boot Camp
Presented by:
Matt Barbini
Assistant Superintendent of Student Services
North Shore School District 112
April 5, 2011
Institute Day

2. I. IEP Goals Measurable Include monitoring methods Student focused
Logical extension of prior year’s goals
District’s goal writing rubric

3. I. IEP Goals Monitor student progress towards goals
Make sure implementers know their responsibilities
Draft realistic and attainable goals
Track performance towards goals

4. II. Timelines Several timelines for several functions
3 Uses of the Term “Day”:
Calendar Day
Business Day
School Day
Refer to Special Education Timelines “Cheat Sheet”

5. II. Parental Consent
Written Parental Consent is required to initiate a case study evaluation.
Written Parental Consent is required to initiate a reevaluation.
Parents are required to consent to INTIAL placement into special education.
***Districts do not have any legal recourse in the event that a parent does not consent to initial placement into special education.

6. II. Revocation of Consent
Parents can revoke consent for IDEA services at any time after their child has begun receiving services (orally or in writing).
Keys:
A written response is required by the school district 10 CALENDAR days after parents have revoked consent.
All IDEA services shall cease when the written response is hared with the parent/guardian.
Districts have no legal recourse.

7. III Independent Educational Evaluations
Parents can request a single independent educational evaluation at public expense if they disagree with the District’s evaluation findings.

8. III Independent Educational Evaluations (IEE)
Districts can agree to provide an IEE or can initiate a due process complaint within (5) days of any written parent request for an IEE to show that the district’s evaluation is appropriate.
KEY: If a parent requests an IEE contact your Student Services Coordinator ASAP!

9. III Planning Meetings Plan but do not pre-determine: Draft an agenda
Prepare for an IEP as you would for a business meeting
Review data, documentation and drafts

10. III Planning Meetings Treasure each minute
Provide evaluations to parents prior to the meeting
Draft goals

11. III IEP Required Participants
Parent
Local Educational Agency Representative
General Education Teacher
Special Education Teacher

12. IV. Student Discipline
Special education can be suspended for violating Discipline Policy 7:190 for up to 10 school days within a year without having to provide services.

13. IV. Student Discipline
Districts are required to provide educational services to students beginning immediately following the 10th day of suspension.

14. IV. Student Discipline
KEYS:
An IEP meeting shall be convened for the purposes of conducting a manifestation determination BEFORE a student arrives at the 10th day of suspension.
When a pattern of challenging behavior exists, teams should be pro-active and conduct a Functional Behavior Analysis (FBA).

15. IV. Student Discipline Interim Alternative Educational Settings (AES).
School Districts can place a student in special education into a 45 school day AES without parent consent in the event that the behavior that the student engaged in falls within one of the three criteria below:
Inflicting Serious Bodily Injury;
Use or possession of a weapon;
Use or possession of drugs;

16. IV. FBA/BIP
Assessment process for gathering information regarding the target behavior, its antecedents and consequences, controlling variables, the student’s strengths and the communicative and functional intent of the behavior for use in developing behavior interventions

17. IV. FBA/BIP FBA: Solid FBA means productive BIP
Highlight target behaviors acknowledge triggers

18. IV. FBA/BIP Behavior Intervention
Not just for specific types of disabilities
Develop when behavior impedes education

19. IV. FBA/BIP Behavioral Intervention Plans Must:
Summarize the functional behavioral assessment
Summarize prior interventions implemented
Describe interventions

20. IV. FBA/BIP
Identify measurable behavioral changes expected and method of evaluations
Identify a schedule for review of plan effectiveness
Provisions for communicating with the parents

21. IV. FBA/BIP BIP: Positive behavioral interventions
Replace bad/unwanted behavior with alternative good behavior
Do not just provide alternative consequences

22. IV. FBA/BIP BIP: Negative consequences are sometimes needed
Think through the implications of the BIP
Avoid boiler plate language

23. V. ACCOMMODATIONS/MODIFICATIONS
Accommodations must make sense
Extracurricular accommodations

24. VII. Common Pitfalls Full and Fair Consideration:
Ascertain from parents what they want
Ask and receive any information from parents to support their request

25. VII. Common Pitfalls Full and Fair Consideration is a TWO WAY STREET:
Key: provide parents with DRAFT IEP Goals and reports 5 days before the IEP meeting.

26. VII. Common Pitfalls Not preparing for the difficult IEP meeting.
Key: proper preparation and planning prevents poor performance! Use established agendas and pre-meet when needed to share information with team-members.

27. VII. Common Pitfalls Full and Fair Consideration:
Decide if we have the information we need to make an informed decision
Discuss and resolve

28. VII. Common Pitfalls
When interacting with families and their providers saying something to the effect of:
“We don’t do that here…”

29. VII. Common Pitfalls
When a pattern exists where a student has not met their goals.
Key: Write goals that are realistic!
Frequently review student progress and utilize Tier 3 Data Days when a student may not or is not making progress toward their goal.

30. VII. Common Pitfalls
Discussing a change in placement for behavioral needs before an FBA has been conducted and a BIP has been reviewed and revised several times within the context of an IEP meeting.
Key: Intervention Specialists and Social Workers have received training in the area of FBA/BIP for the past 3 years.

31. VII. Common Pitfalls Best Ways to Find Your Way Into a Due Process:
Willingness to accommodate parents requests even when not in best interest of child
Lack of preparation
Not following through

32. VII. Common Pitfalls
Writing something about a parent or student in an that you would not be comfortable with being posted on the front page of the Chicago Tribune.
**** s are a part of a students records and will be requested by counsel for the parent and school district in the event that a dispute exists.

33. Special Education Boot Camp
THANK YOU
Please fill out your evaluation forms!!!!