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AVOIDING COMMON PITFALLS
Addressing needs of students with disabilities
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Let’s start at the beginning
A teacher, a parent, an educational professional notices that there is an issue with a student’s academics, behavior…. And makes a request for an evaluation
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Request for evaluation
Do’s… The “clock” (30 days) starts ticking at any mention of a suspected disability (letter, conversation, , phone call) by a parent, staff member, OR OTHER PUBLIC AGENCY. If the district does not suspect a disability, the district is required to send a prior written notice (pr01) explaining the district’s position. If the district does suspect a disability, the parents should be contacted to be a part of the planning meeting AND TO OBTAIN written CONSENT for evaluation. Within the 30 days of the date of referral (see above) , send prior written notice (PR01)
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Request for evaluation—DON’T…
UNILATERALLY DECIDE THAT THE CHILD DOES NOT HAVE A DISABILITY. DELAY IN CONTACTING PARENT TO ACQUIRE CONSENT AND INVOLVE THEM IN THE PROCESS. BLAME A DISABILITY ON NON-ACADEMIC ISSUES (ATTENDANCE, POVERTY, BEHAVIOR, ETC.). Ignore the request!!
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RE-EVALUATION—DO… KEEP A DETAILED SPREADSHEET LISTING DUE DATES OF iep’S AND etr’S FOR ALL STUDENTS. Share this list with special ed. Staff. Periodically review THE SPREADSHEET in order to make arrangements for testing, evaluation, school. psychologists, data gathering, ETC. IN SUFFICIENT TIME. REMEMBER THAT THE PARENT IS A PART OF THE EVALUATION TEAM.
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RE-EVALUATION--- DON’T …
OVERUSE RECORDS REVIEWS IN LIEU OF ETR. WAIT UNTIL THE LAST MINUTE! FAIL TO INCLUDE THE PARENT IN THE PLANNING PROCESS. PREDETERMINE THE DISABILITY, QUALIFICATIONS. IGNORE THE MOST CURRENT DATA . CHANGE PLACEMENT WITHOUT A PARENT SIGNATURE.
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IEP MEETING DO’S… Review incoming students’ (transferring from other schools) iep’s and etr’s act immediately to get non-compliant IEP’s/ETRS into compliance (new etr and/or iep) follow the procedure (If a parent does not have iep documentation, but shares that the child IS/WAS on an iep) as if it were a request for evaluation (after attempting to contact the previous school without success). review the draft iep (prior to the meeting), assure that required team members are invited to the meeting (parents, special ed teacher, general ed teacher, student--if the student is or will be 14 during the life of the IEP-- and district representative).
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MORE IEP MEETING DO’S… District representative should be present for the entire meeting, authorized to provide resources ($$), and be knowledgeable of services available to the student. Develop the FINAL iep at the meeting BASED ON THE DRAFT AND ANY ADDITIONAL INPUT. Remember that the IEP IS DEVELOPED BASED ON CURRENT ETR, CLASSROOM DATA, AND PARENT INPUT. Ensure that decisions are made based on student’s needs, and to the greatest extent possible, services provided with typical peers. REMEMBER THAT SERVICE LOCATION IS BASED ON STUDENT’S NEEDS, NOT ON DISABILITY provide parent with information on ohio scholarship programs.
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IEP MEETING DON’t…. SAY, “I HAVE 16 OTHER STUDENTS.”
Say, “WE DON’T PROVIDE THAT SERVICE HERE.” Say, “THAT WILL TAKE TOO MUCH TIME.” Say, “YOUR CHILD WILL NEVER LEARN TO….” Say, “WE DON’T HAVE DATA ON THAT.” Say, “We can’t work with your child until he is medicated.” Say, “I didn’t know your child had an iep/504…” Say, “That will be too expensive.” Say, “We can’t meet your child’s needs here.”
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DISCIPLINE AND SPECIAL EDUCATION
SUSPENSIONS FOR OVER TEN DAYS WITHIN A SCHOOL YEAR is CONSIDERED TO CONSTITUTE A “CHANGE IN PLACEMENT” FOR A CHILD WITH A DISABILITY. This includes… Formal SUSPENSIONS Emergency removalS REQUESTING PARENT to pick UP CHILD In school suspension (where special ed services are not provided) Extended time in office ((where special ed services are not provided)—5 hours=day of suspension
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Discipline do’s… Design a school-wide system for student success.
Be alert to patterns of behavior leading to suspension. Conduct An FBA (Functional behavioral assessment) when any student demonstrates behaviors that impede his/her learning or that of others, is at risk of suspensions, or has accumulated numerous suspension days, indicating a pattern. If indicated, by the fba, put a plan in place (behavior intervention plan—bip). Assess behavior; plan intervention; implement PLAN; evaluate the plan (APIE). Always take into consideration whether the behavior is a manifestation of his/her disability.
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Discipline don’ts… Suspend a special needs student for an excess of 10 days without providing services. Assume that suspension solves the problem. Fail to follow due process proceedings with all potentially suspended students. Fail to notify parents about intent to suspend and suspension hearings.
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DISCIPLINE-- DON’T… Be unaware of which students in your building have an iep/504/fba Use iss, the principal’s office, the dean’s office, etc. As an intervention on a regular basis. Don’t make unilateral changes in placement through the use of suspension or removal from the current placement. UsE reward systems that are unattainable for some students: (example: points to go on a field trip).
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WARNING SIGNS WHICH MAY SIGNAL PROBLEMS AHEAD
REQUESTS FROM PARENT OR STUDENT FOR ALL EDUCATIONAL RECORDS REQUESTS FOR MULTIPLE COPIES OF AN IEP/504 PLAN NOTIFYING TEACHER/STAFF OF PRIVATE EVALUATION BEING SOUGHT DEMANDS/REQUESTS FOR REIMBURSEMENT ATTORNEY/CHILD ADVOCATE PRESENT AT IEP MEETING
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DEAR TEACHER…
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ANY QUESTIONS??
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