1. Legal Update

2. 2 Overview Insulin, Diastat, and other Medical Issues OSERS Guidance about IEPs & Assessments Audiological Assessments Parental Consent Mental Health Services for Juvenile Hall Students Revised ADA Regulations: Service Animals

3. 3 Insulin, Diastat, & other Medical Issues June 8, 2010: American Nurses Association v. O’Connell Nursing Practice Act prohibits unlicensed staff from administering insulin to students Administration of medication, which includes the injection of insulin, is a function of a licensed nurse under Bus. & Prof. § 2725

4. 4 Insulin, Diastat, & other Medical Issues Current Status: –California Supreme Court has agreed to review –Appellate decision stayed until Supreme Court resolves (potentially 1 - 1 ½ years) –AB 1802 (Insulin) –SB 1051 (Diastat)

5. 5 Insulin, Diastat, & other Medical Issues What is the current law? –Federal –State Who can administer medication to students? –Parent/guardian or parent/guardian designee –Student –Licensed nurse or physician –Unlicensed voluntary school employee with appropriate training, but only in emergencies

6. 6 Insulin, Diastat, & other Medical Issues What forms are needed to administer medication to students? –IEP, 504 Plan, or Individual Healthcare Plan –Physician authorization –Parent authorization

7. 7 Insulin, Diastat, & other Medical Issues What is the parent’s obligation? –Appropriate documentation –Medication, supplies, and equipment –Updated information –Comply with the school policy Must the parent release the district from liability? –No, except student’s self-administering asthma medication and epinephrine

8. 8 Insulin, Diastat, & other Medical Issues What about other medical conditions and medications? –Asthma, Allergies, Diabetes, and G-Tube What about home-hospital programs? –“Temporary disability” –In Student v. Los Angeles USD, District not obligated to provide home instruction because no current medical referral

9. 9 OSERS Guidance about IEPs & Assessments Out-of-State Transfer Students: What if a child with an IEP transfers to a different state and parent refuses to consent to a new evaluation?

10. 10 OSERS Guidance about IEPs & Assessments Medical Diagnosis: Must the assessments used to determine eligibility, particularly for students with autism or ADD/ADHD, include a doctor’s medical diagnosis?

11. 11 OSERS Guidance about IEPs & Assessments Amending IEPs: Who must participate in making changes to the IEP when it is amended without convening an IEP team meeting?

12. 12 OSERS Guidance about IEPs & Assessments Inviting the Transition Services Agency: Must a district obtain parental consent to invite a representative of an agency likely to be responsible for transition services to an IEP team meeting?

13. 13 OSERS Guidance about IEPs & Assessments Mental Health Services: Is the district responsible for paying for mental health services if the IEP team includes these services in the child’s IEP?

14. 14 OSERS Guidance about IEPs & Assessments Postsecondary Goals: Must an IEP include measurable postsecondary goals based on age- appropriate transition assessments for every 16-year-old student?

15. 15 Audiological Assessments In Perusse v. Poway USD, a federal court ruled an audiological assessment not required for a student with an auditory processing deficit Why? A school psychologist, speech and language pathologist conducted assessments, and school nurse performed a hearing screening

16. 16 Audiological Assessments In Student v. East Whittier City School Dist. (2010), OAH ruled student received FAPE despite district’s refusal to conduct a central auditory processing assessment Parent’s concerns about student’s progress were not corroborated by teachers or the academic records

17. 17 Parental Consent AB 1841 conforms state law with federal law by prohibiting districts from initiating a due process hearing if parents revoke consent In Student v. Corona-Norco USD (2010), OAH ruled that a parentally placed private school student was not entitled to related services without consent to the public placement

18. 18 Parental Consent OAH stated, “While the law permitted them to accept parts of that IEP offer and not others, the [related] services were tied to the public school placement. Student's parents could not accept the services at a different location.” Student v. Corona-Norco USD (OAH 2010)

19. 19 Mental Health Services for Juvenile Hall Students Student v. Los Angeles USD (OAH 2010) –16-year old student, foster child, and a dependent of the Superior Court of Los Angeles since the age of two –In juvenile hall, expanded IEP team determines placement in RTC appropriate Issue: Which LEA is responsible for RTC placement?

20. 20 Mental Health Services for Juvenile Hall Students OAH declined to rule on the responsibility for RTC placement Student still in juvenile hall at the time of hearing, responsibility remains with LACOE LACOE must implement placement and may seek reimbursement from responsible LEA or state agency BUT OAH did not identify the LEA responsible post-release Student v. Los Angeles USD (OAH 2010)

21. 21 Mental Health Services for Juvenile Hall Students Senate Bill 1059 (“SB 1059”) Amends Education Code § 48645.2 and 56028 Clarifies which LEA is responsible for juvenile hall student placed in an RTC by his/her expanded IEP team Vetoed by Governor on September 30 due to “pending litigation”

22. 22 Impact of SB 1059 County Office of Education in which juvenile court school is located must identify the LEA responsible for the RTC placement Responsible LEA based on: –Whether or not student has a “parent” –In-State vs. Out-of-State Placement

23. 23 Impact of SB 1059 Students who have a “parent,” as defined by EC § 56028(a)(1) & (a)(4) –Biological, adoptive parent, legal guardian –Individual acting in place of parent  Responsible LEA = The school district where the parents or legal guardian resides

24. 24 Impact of SB 1059 Different standard for “parentless” students, defined as students with –“Foster parent” – EC § 56028(a)(2) –“Surrogate parent” – EC § 56028(a)(5) –“Responsible adult” – Welfare & Institutions Code § 361 & 726

25. 25 “Parentless” Juvenile Hall Students RESPONSIBLE LEA (SB 1059) IN-STATE RTCOUT-OF-STATE RTC School district in which RTC is located Last school district at which pupil was enrolled prior to placement in juvenile hall.

26. 26 Impact of SB 1059 Other effects of SB 1059 –Clarifies existing law regarding responsibility for residential placement –Amends Section 56028(b) to state that residence of a surrogate parent or responsible adult will NOT determine district of residence responsible for student

27. 27 Current Status of SB 1059 Passed by California Legislature August 19, 2010 Enrolled and sent to Governor for signature on September 2, 2010 If signed, effective January 1, 2011

28. 28 Revised ADA Regulations Service Animals Effective March 15, 2011 Require public entities, including K-12 school districts, to allow service dogs on campus Schools must modify policies and practices accordingly for students, school staff, and visitors (28 C.F.R § 35.136.)

29. 29 Revised ADA Regulations Service Animals “Service animal” definition –“Any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.” (28 C.F.R. § 35.104.) Includes miniature horses in limited circumstances

30. 30 Revised ADA Regulations Service Animals May inquire (1) whether the animal is required because of a disability; and (2) what work or task the animal has been trained to perform May ask individual to remove if animal is out of control or not housebroken Cannot inquire about the nature or extent of disability or require documentation of animal’s service training

31. 31 The California Supreme Court has reinstated the Governor’s furlough order As a result OAH will be closed on the 2 nd, 3 rd and 4 th Fridays of the month OAH Furloughs

32. 32

33. 33 Extra-Extra Read All About It S.F. lawyer accused of fraud in autism care San Francisco Chronicle August 26, 2010 Trust, but verify Yes, it is true sometimes parents cheat

34. 34 Q & A

35. 35 Thank you for attending!