Special Education Summit

Special Education Litigation

September 20, 2013

David BatemanShippensburg University

Sequestration

• Budget deal mandating automatic cuts• Starts July 1 for education• Many teachers to be cut

– 2013-2014 school year• 100,000 fewer children in Head Start• Massive Title 1 cuts• States make up difference

Testing

• Common adaptive tests, PARRC• 1% or 2%?• Computer adaptive tests

– Braille– Font adjustments– charts and graphs

Child Find

1. All personnel2. Team approach3. RTI and denial4. Differences with private schools5. Keep taking data on the child6. The “Howler”

Child Find Purpose

• 1. Affirmative obligation• 2. Reason to suspect• 3. Reason to believe• 4. Schools obligation

– Do not wait for parents– More data is better– Use the parents!!– If not referred, give advice

Eval

• 1. Not a fighting issue (job security!!)• 2. You do the eval• 3. Do it timely• 4. Address current issues, not potential probs• 5. Use the independent evals

-But don’t necessarily agree6. Only give evals comfortable/trained

Eval Continued

• 7. Current tests• 8. Affirmative obligation• 9. Word B.A.D. evals carefully• 10. Don’t be boring

Eligibility

• 1. Special Ed!• 2. Be thorough, be accurate• 3. Timelines• 4. The right people• 5. Parents!• 6. Don’t fight over disability label• 7. More than test scores

More eligible

• 8. School performance is more than just educational performance

• 9. 504 v. IDEA eligible• 10. B.A.D. v. Emotional disability eligible• 11. Use doctors

IEP

• 1. Words to use (and mean)• 2. Implement• 3. Parents!• 4. Educationally suitable• 5. Check or internal audit• 6. Implementers• 7. Copy and paste

More IEP

• 8. Vote v. consensus• 9. Do not segregate• 10. Costs• 11. Parents requests for private• 12. Use your words very carefully

Procedural Safeguards

• 1. Draft IEP’s! Draft placements!• 2. Keep meeting notes• 3. Kill trees• 4. Prior written notice• 5. Allow parents quick access to records• 6. Quick response to IEE requests• 7. Mediation/IEP Facilitation• 8. Stay put. But move when necessary.

Discipline

• 1. Tell principals to check re: eligible• 2. Manifestation v. causal• 3. Parents!!• 4. Bring all info on student to meeting• 5. Bring all people to meeting• 6. Consensus v. stonewall• 7. Really a manifestation? Or not?• 8. Provide services

ESY

• Make a determination in February to avoid comp ed claims later

• Document discussion• Not just for ed services, but regression and

recoupment• No cut and paste services

Transition

• Get agencies involved, with parents permission

• IEP responsibilities if others don’t help

Section 504

• Two-part test• Parents!• May not need accommodations but still are

protected• Students on health or medical plans eligible!• Make all your programs accessible• One responsible person

Records

• Employers can review all computers• All email can be read by parents• Be professional• Web sites can be tracked• Email can be educational records• Email can be subpoenaed• Fax machine use• One student per email

Records Continued

• Assume disclosure• Determine records keeper• Student definition expanded• Third Parties

– Institutional service– Under control of LEA– Subject to disclosure rules

Does Special Education Work?• Administrators in districts are proud of their special

education programs. But how do they measure their success?

• Three questions arise:– What should or who should not be expected to master the

general education curriculum?– In what cases can special education students be expected to

leave special education?– Is the growing need for special education the result of

failure on the part of the schools themselves?

20

Ideas to Contain Costs• Anticipate Needs and Budget Accordingly• Provide Early Literacy Programs• Use More Than One Reading Approach• Plan for Consequences of Curriculum

Changes• Teach Basic Study Skills• Connect Resources and Fiscal Accountability

Plan for Consequences of Curriculum Changes

• If you institute a new program and do not do the proper advance planning and training, be prepared to see special education costs rise.

Teach Basic Study Skills

• Check your schools to find out whether organization and study skills are actively taught at the elementary level; they will enhance your secondary student success and lessen referrals to special education.

Be Ready for Unhappy Parents

• Sometimes we just have to say, “No.”• Does this mean we need them to move?

What can schools do to reduce the chances of litigation?

• Document, document, document• Return phone calls• Support for all children• Support for all teachers• Support for all parents

Due Process Myths

• Too much litigation• Too much paperwork• Too many meetings• Complex and burdensome• Feds cause problems

Issues• Identification (child find)• (Re)Evaluations and

placements• Notice Requirements• Appropriate education• IEP’s• Progress (or lack thereof)

Roles and Responsibilities

• Use Resolution Session or Mediation First to Solve Disputes.

• Work to Restoring Relationships Between the Parties.

• Understand Legal Recourses Parties to the Dispute Have Following Any Level of the Decision.

Summary

• Big changes every five (or seven) years• Special education is not going away• Document everything• Seek support from others• Provide support for students, teachers, aides

Finally

• Visibility• Diversity your interests• Active in curriculum• Proactive in interactions• Thick skin• Humor

Tips for Making Things Worse

• Don’t return phone calls• Use the word NEVER a lot

• Say we don’t do that here

• Miss deadlines

• Use a cookie cutter

• Lose paperwork

• Don’t provide support for teachers

More Handy Tips

• Act superior• Use tense posture• Preach• Use sarcasm• Work to impress the parents with acronyms• IEP meetings done before they start• Don’t have right people at meetings• Back them into a corner• Ignoring the “Howler”

Expectations

• Happy• Friendly

• Athletic

• Good natured

• Pretty

• Well-mannered

• Well-behaved

• Outgoing• Smart

• Independent• Optimistic

• Hard worker• Enthusiastic

• Teacher pleaser

Reality

• Intellectual Disability• ADHD

• LD

• Autistic

• Deaf

• Blind/Visually Impaired

• PDD

• Emotional problems• At-risk• Needy

• Teacher dislikes• No friends

• People shun• Lonely

• Not independent

Questions and Answers??