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Transcript of 2 interpreting and utilizing school records hb lead-conf
Lead Litigation Conference 2013
November 14-15, 2013
Interpreting and Utilizing School
Records
Dr. Lauren OrmsbyRipley Central School
The Speakers
Elizabeth ShostLipsitz & Ponterio LLC
Stefanie M. StewartThomas Thomas & Hafer LLP
Agenda MSASAUE: Making sense of the alphabet soup of
acronyms used in education. Old or scant school records? Reading between
the lines to define special education services. How to find "golden nuggets" in school records
to help win your case. Can I use this information? Case law today on
the admissibility of records. School records requests: What should I expect?
MSASAUEMaking sense of the alphabet soup of
acronyms used in education
Academic Intervention Services (AIS)◦ skill based (elementary) ◦ test preparation (middle and high school). ◦ State recommends based on State assessment
results Response to Intervention (RtI)
◦ Not mandatory◦ schools are required to use a “tiered approach to
instruction.” ◦ Should be part of data used in making
classification determination.
General Education Academic Support Services
New York State Alternative Assessment (NYSAA)
MOD-HSA and ALT-MSA (Maryland)
These assessments are reserved for students who have the most severe cognitive impairments.
Many states have a limit to the number of students in any given school who can take these assessments (ie. NYS 2% cap).
Alternative Assessments
504ADA
One umbrella –From bee sting allergies and broken arms to ADHD
Often used by district to formalize instructional support plans
especially useful for transient students
Often used for ADHD or students with LD that do not fit the criteria
established by the state
IEPIDEA
13 classifications
Very Specific eligibility requirements
More intensive services available
504 vs. IEP
Alias: Emotionally Disturbed (ED), Emotional and Behavioral Disorder (EBD).
Key to this classification are: to a marked degree, pervasive and adversely effects child’s academic performance
Internal vs. External Use of term ED is controversial. When
disability is comorbid (ie. Ed and ADHD) Districts often chose the alternative classification OHI.
Emotional Disturbance
Things to look for in school records that are indicative of behavioral problems◦ Classification of OHI◦ Inclusion of Behavior Intervention Plan (BIP) in the
IEP◦ Discussion of a Functional Behavior Assessment
(FBA) in Present Level of Expected Performance(PLEP) section.
◦ BASC-II- Internal ED
Emotional Disturbance
New York State –Board of Cooperative Educational Services (BOCES)
Variety of general and/or special education programs. ◦ Alternative Education◦ Career and Technical Education (CTE, formerly Vo-
Tech)◦ Self-contained classrooms all age levels. Students
receive a IEP diploma
Vocational Education
Students receive a regular diploma and a certificate (in some programs an endorsement)
Limits post-secondary options as the Math and Science offered not considered “rigorous” by many colleges.
Vocational Schools
Low IQ scores High grades in major content
areas
Possible special class setting.
OHI but presence of
BIP or behavioral goal on IEP
Behavioral issues may be
more significant than
ADHD
NYSAA indicated or IEP identified as diploma
type
More significant disability
Other things to look for…
Acronym Chart
Golden NuggetsDefendant
Enrollment and Attendance Information
Parent Assessment or Background Information
Teachers' Comments
Golden NuggetsPlaintiff
Rochester School Records
School Records Retention Record retention establishes minimum
retention requirements. Individual School Boards may elect to create a retention policy that is longer than requirement.
NYS Retention Requirements6 years after student graduates/would have graduated or 6 years after student attains age 21, whichever is shorter:
◦ Student information sheet◦ Most recent year’s IEP◦ Evaluation record◦ Summary record
NYS Retention Requirements 6 years
◦ Attendance record◦ Copy of high school transcript◦ Student progress notes◦ Referral form◦ Individual evaluations◦ Health record◦ IEP’s (except most recent)◦ Parent communication◦ Agency communication◦ Attendance/staff reports◦ Behavior/staff changes records◦ Test papers◦ Psychologist notes and protocols◦ Other special education records (ie. Behavior Intervention plan)
MD Retention Requirements
MD Retention Requirements
Case Law: Admissibility
Literature on lead exposure NYS and MD retention documentation Special Education Procedural Timeline
Graphic Organizers Continuum of Services
Resources Available for Printing
Questions
References http://www.childadvocate.net http://www.ncld.org http://
www.p12.nysed.gov/specialed/publications/policy/schoolagecontinuum.html
Lidsky, T.I. & Schneider, J.S. (2005). Autism and autistic symptoms associated with childhood lead poisoning. The Journal of Applied Research, 5(1).
Dr. Lauren Ormsby , Director of Special Education Ripley Central School 716-736-2631 Ext. 252 [email protected]
Elizabeth Shost Lipsitz & Ponterio, LLC 716.849.0701 [email protected]
Stefanie Stewart Thomas Thomas & Hafer LLP 410.653.0460 [email protected]
Speaker Contact Info