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- Institute on Disabilities Newsletter - Summer 2020
- School Reopening and Other Resources
- Education Law Center July 2020
- Resolving Special Education Disputes During the COVID-19 Pandemic
- Gov. Wolf Announces $260 Million in Funding to Help People with Intellectual Disabilities and Autism During Pandemic
- How to Respond When a School District Claims It Cannot Test for Dyslexia
- Office of Developmental Programs (ODP) Coronavirus (COVID-19) Updates webpage
- Policing in Schools
- Reading Your Pandemic Prior Written Notice
- Resources for Persons with a Diagnosis of Intellectual Disability and/or Autism from the Allegheny County Department of Human Services (DHS), Office of Intellectual Disability (OID)
- U.S. Department of Education Releases New Title IX Regulations on Sexual Harassment for Schools
- How to Read an IEP: Goals
- TDR: Effective Instruction
- Annotated Positive Behavior Support Plan
- Functional Behavioral Assessment (FBA) Process
- Functional Behavioral Assessment (FBA) Flyer
- A Brief Introduction to Functional Behavior Assessments & Positive Behavior Support Plans
- Pre-Employment Transition Services
- The PA OVR Pre-Employment Transition Services (PETS) Continuum
- Transition: Creating A Bridge From Pediatric To Adult Health Care
- Office of Vocational Rehabilitation (OVR)
- Executive Order Issued to Protect and Advocate for Vulnerable Pennsylvanians
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- ASERT: Common Abbreviations
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Informational Items
Resolving Special Education Disputes During the COVID-19 Pandemic
(Not so) New Guidance from the U.S. Department of Education
On Monday, June 22, 2020, the United States Department of Education issued new guidance on resolving special education disputes during the current pandemic – well, maybe not so much "new" guidance, but a reemphasis on what federal special education regulations already allow, which may be helpful during school closures. Specifically, the USDOE issued two guidance documents in a question and answer format (Q&A). One is for early intervention (Part C) and another is for preschool and school age (Part B). Overall, the guidance encourages school districts and parents to attempt to work collaboratively to resolve disputes, but acknowledges that when such attempts fail all three of the IDEA’s dispute resolution mechanisms – a state compliance complaint, mediation, and due process hearings – options remain available to families and school districts alike. In Pennsylvania, other alternative dispute resolution options, such as facilitated IEP meetings or Hearing Officer Settlement Conferences, also remain available.
The USDOE guidance goes on to highlight certain regulations that already provide some flexibility in implementation that may be helpful during this time. For example, current regulations require state compliance complaints to be investigated and completed within 60 days, but allow states to extend that timeframe on a case-by-case basis where exceptional circumstances exist. Similarly, the guidance points out that in the context of a due process hearing, the parties can agree to extend the resolution period, including the timeframe to conduct a resolution meeting and a hearing officer may grant an extension of the timeline to complete the hearing – all practices that have always in place in Pennsylvania.
Interestingly, the guidance also addresses the question of whether due process hearings can occur virtually. Although Pennsylvania has had a pilot program for virtual hearings and has been conducting virtual hearings in certain cases for some time, the appropriateness of virtual hearings has been an issue in some due process hearings since the pandemic and decision to move all hearings to a virtual platform. The guidance from the USDOE answers the question of virtual hearings in the affirmative so long as the hearing officer ensures that a hearing is conducted consistent with a parent’s right to an impartial due process hearing and all of the applicable regulations related to that right.
In the end, the "new" guidance reinforces previous guidance in which the available dispute resolution procedures remain in effect; however, the way that those procedures are accessed may look different, at least in the near future.
McAndrews Law Offices
We are a nationally recognized firm that provides families of Pennsylvania, Delaware, Maryland, Metropolitan Washington, D.C. Area, and New Jersey with exceptional legal representation in Special Education, Estate Planning, Abuse of Vulnerable Citizens, and the representation of individuals involved in higher education allegations of misconduct.Main Office: 30 Cassatt Avenue, Berwyn, PA 19312
www.McAndrewsLaw.com
610-648-9300McAndrews Law Offices | 30 Cassatt Avenue, Berwyn, PA 19312
Gov. Wolf Announces $260 Million in Funding to Help People with Intellectual Disabilities and Autism During Pandemic
Governor Tom Wolf announced that people with intellectual disabilities and autism and the providers of support services for these vulnerable Pennsylvanians will receive $260 million in CARES Act funding to help continue to provide services during the COVID-19 pandemic.
"This funding will help the more than 40,000 Pennsylvanians who receive assistance through one of the Department of Human Services’ programs or facilities," Gov. Tom Wolf said. "It will help to improve the quality of life for these vulnerable Pennsylvanians and those who have dedicated their lives to caring for them, and it will bring relief to families and loved ones knowing we are committed to providing the highest level of care possible, even during a pandemic."
Gov. Wolf was joined by Department of Human Services Secretary Teresa Miller, who outlined to details of funding allocations.
"These dollars are intended to supplement the budgets of an industry built on the values of service, caregiving, and inclusion – an industry hit particularly hard by the COVID-19 pandemic," Sec. Miller said. "To all of our intellectual disability and autism service providers and direct support professionals – thank you for your tireless and selfless work over the past three months, and for your dedication to helping Pennsylvanians with intellectual disabilities and autism achieve the everyday life they deserve."
The $260 million will be allocated as follows:
- $90 million to providers of residential, respite, and shift nursing services;
- $80 million to providers of Community Participation Support services for 120 days of retainer payments, covering operations from March through June; and,
- $90 million to providers of in-home and community, supported and small group employment, companion, and transportation trip services for 120 days of retainer payments, covering operations from March through June.
Click here to view original press release on pa.gov website:
How to Respond When a School District Claims It Cannot Test for Dyslexia
By Heather M. Hulse, J.D., M.S., M.A.
Many school districts and charter schools misunderstand Dyslexia or the possibility of Dyslexia, and how it relates to the Individuals with Disabilities Education Act (“IDEA”). Parents of students who are demonstrating signs of possible Dyslexia are frequently advised by their child’s school that it does not test for Dyslexia. While the IDEA does not specifically provide that school districts and charter schools are obligated to assess whether a student has Dyslexia, it does require school districts and charter schools to determine whether a child who is demonstrating academic struggles is a child with a Specific Learning Disability. A Specific Learning Disability, such as in reading, could include Dyslexia.
It is important to understand the characteristics of Dyslexia, as Dyslexia is often overlooked by educators. Many people believe that Dyslexia involves the reversal of letters and/or numbers. While that may be true, it is not always evident in students with Dyslexia or the sole indicator of a potential concern. Dyslexia impacts the ability to phonemically sound out letters and words. Students with Dyslexia will often use their memory of the sounds they have learned and make an educated “guess” about a word. For example, a student may guess “sick” for “sink” or “went” for “west.”
Students will often use context cues in a sentence to demonstrate comprehension of the text. This will often cause educators to believe, and suggest, that there are no concerns with a student’s reading. This is particularly true for elementary students who have effectively memorized sight words that are used frequently. However, Dyslexia does not simply go away. As students progress into higher grades and reading becomes more challenging and the coursework and materials include less frequently-used words, it becomes readily apparent that there is problem with the student’s ability to sound out or decode words. Of course, if parents and educators are aware of the early signs of Dyslexia and the student’s pseudoword decoding or word attack skills are specifically assessed, the student can be identified with a Specific Learning Disability pursuant to the IDEA and early intervention can occur, which is imperative.
It is important for parents and educators to be aware of the specific areas of academic achievement that need to be assessed in order to determine whether the student is demonstrating characteristics of Dyslexia, which can then be identified as a Specific Learning Disability pursuant to the IDEA. These specific areas include: 1) pseudoword decoding or word attack, which involves decoding nonsense words to alleviate the possibility the student has memorized the word; 2) spelling, which innately involves the ability to sound out letters and words; and 3) letter and word recognition, which is particularly relevant for younger students and measures the ability to identify letters and words. It is not uncommon for school districts and charter schools to undertake evaluations for special education, but neglect to assess these specific areas. A student with Dyslexia may perform quite well on assessments of other areas of academics, including other areas of reading, such as reading comprehension.
If you feel that your child is demonstrating characteristics of Dyslexia and your child’s school district or charter school are advising they do not test for Dyslexia, are refusing to test, or you believe the assessments they have completed are not appropriate to assess for Dyslexia, we are here to help. Please feel free to contact us and please keep in mind that we are frequently able to provide our services at no cost to you.
McAndrews Law Offices
We are a nationally recognized firm that provides families of Pennsylvania, Delaware, Maryland, Metropolitan Washington, D.C. Area, and New Jersey with exceptional legal representation in Special Education, Estate Planning, Abuse of Vulnerable Citizens, and the representation of individuals involved in higher education allegations of misconduct.Main Office: 30 Cassatt Avenue, Berwyn, PA 19312
www.McAndrewsLaw.com
610-648-9300McAndrews Law Offices | 30 Cassatt Avenue, Berwyn, PA 19312
Policing in Schools
On June 2, 2020, Minneapolis Public Schools terminated its contract with the Minneapolis Police Department for the services of school resource officers. The board unanimously voted in support of the resolution, which stated “any continuing contract for services with the Minneapolis Police Department [does] not align with the priorities of the District's equity and social emotional learning goals.” By the end of summer, MPS Superintendent Ed Graff will need to prepare and submit recommendations to the school board on how the students of MPS will be served and safety maintained without the presence of Minneapolis PD in school buildings.
Over the past few decades, partnerships between local educational agencies and police departments have become more prevalent. In 1975, only 1 % of U.S. schools reported having police stationed on campus. By 2014, 24% of elementary schools and 42% of secondary schools reported having sworn law enforcement on campus. Approximately 77% of public schools with enrollment of 1,000 or more students employ a school resource officer (“SRO”). 79% of these officers carry a firearm while on duty in school buildings.
A school resource officer or “SRO” is defined by federal law as a “career law enforcement officer” employed by a police department and assigned with “sworn authority” to a local educational agency. The school resource officer’s codified role is to: (a) educate students; (b) develop or expand community justice initiative for students; and (c) train students in conflict resolution, restorative justice, and crime and illegal drug use awareness.
SROs, however, often act outside the scope of this legally defined role by exercising their authority as a law enforcement officer to execute arrests. The growth of SROs in schools is correlated with an increased rate of school-based arrests. Instead of receiving school-based discipline for behavioral infractions, in greater numbers children are being arrested for minor offenses, such as disorderly conduct or simple assault, directly contributing to the “school-to-prison pipeline.” Pennsylvania has the third highest student arrest rate in the country, with a 24% increase in school-based arrests between 2013-2014 and 2015-2016.
Click here to finish reading the full article.
McAndrews Law Offices
We are a nationally recognized firm that provides families of Pennsylvania, Delaware, Maryland, Metropolitan Washington, D.C. Area, and New Jersey with exceptional legal representation in Special Education, Estate Planning, Abuse of Vulnerable Citizens, and the representation of individuals involved in higher education allegations of misconduct.Main Office: 30 Cassatt Avenue, Berwyn, PA 19312
www.McAndrewsLaw.com
610-648-9300McAndrews Law Offices | 30 Cassatt Avenue, Berwyn, PA 19312
Reading Your Pandemic Prior Written Notice
By this point, most school districts in Pennsylvania and Delaware have sent some form of written notice to parents of children with IEPs, advising what educational services to expect while schools are closed during the pandemic. Some districts have sent letters, some have sent Notices of Recommended Educational Placement (NOREPs) or Prior Written Notices (PWNs). (NOREPs and PWNs are different names for the same type of document.)
The content of these documents varies significantly. Some districts provided information about specific services that individual students could expect to receive remotely; others sent the same document to all families and advised only that schools were closed and services would change.
We have had many parents contact us to inquire about the meaning of these documents and how to respond. Consider the following questions in reviewing your child’s pandemic notice:
- If your child normally receives specialized instruction with a special education teacher, do you know if your child will still have contact with that teacher? When and how often? Will the teacher deliver online classes and/or distribute work?
- If your child normally receives specialized instruction within the general education environment, will he or she participate in the same online classes or receive the same work packets as general education students? Who should you and your child contact with questions about instruction and work?
- If your child normally receives specialized academic instruction, do you know how your child will access instruction in those areas? Is your child expected to sign online for scheduled classes or complete assigned work?
- If your child normally receives speech/language, occupational, or physical therapy, will he or she have teletherapy sessions with a pathologist over the computer? If so, when and how often? If not, can you speak to the therapist for tips to support your child at home and help prevent or reduce regression?
- If your child uses a specialized curriculum, do you have access to materials?
- If your child normally receives social skills instruction, do you know how that instruction will continue to be delivered, if at all?
- If your child receives counseling or psychological services, will he or she continue to receive services through a teletherapy model? If so, when and how often?
If you do not know the answers to any of these questions, or if reading these questions sparks others, reach out to your case manager or special education coordinator. The U.S. Department of Education has encouraged parents and schools to be flexible and collaborative, so approach communication as productively as possible. Be polite but firm in your request for information about services for your child. If you do not get clear information, follow up. You should have sufficient information to understand the services that your child, as an individual, will receive.
This is a trying time for everyone, and it can be especially difficult for children with disabilities. Carefully reviewing your school district’s plan for providing services, and working together to obtain clarification and structure now can help minimize regression and educational struggles in the long run.
McAndrews Law Offices
We are a nationally recognized firm that provides families of Pennsylvania, Delaware, Maryland, Metropolitan Washington, D.C. Area, and New Jersey with exceptional legal representation in Special Education, Estate Planning, Abuse of Vulnerable Citizens, and the representation of individuals involved in higher education allegations of misconduct.Main Office: 30 Cassatt Avenue, Berwyn, PA 19312
www.McAndrewsLaw.com
610-648-9300McAndrews Law Offices | 30 Cassatt Avenue, Berwyn, PA 19312
U.S. Department of Education Releases New Title IX Regulations on Sexual Harassment for Schools
U.S. Department of Education Releases New Title IX Regulations on Sexual Harassment for Schools
May 2020
This past week, the U.S. Department of Education released the Department's much anticipated Title IX regulations.
The new Title IX regulation codifies prohibitions against sexual harassment in schools. The regulation carries the full force of law.Key provisions of the Department of Education's new Title IX regulation:
- Defines sexual harassment to include sexual assault, dating violence, domestic violence, and stalking, as unlawful discrimination on the basis of sex
- Protects K-12 students by requiring elementary and secondary schools to respond promptly when ANY school employee, including teachers, has notice of alleged sexual misconduct
- Holds colleges responsible for off-campus sexual harassment at houses owned or under the control of school-sanctioned fraternities and sororities
- Upholds all students' right to written notice of allegations, the right to an advisor, and the right to submit, cross-examine, and challenge evidence at a live hearing
- Requires schools to select one of two standards of evidence, the preponderance of the evidence standard or the clear and convincing evidence standard – and to apply the selected standard evenly to proceedings for all students and employees, including faculty
- Requires schools to offer an equal right of appeal for both parties to a Title IX proceeding
- Gives schools flexibility to use technology to conduct Title IX investigations and hearings remotely.
The Office for Civil Rights released a video reviewing the key changes, available here https://www.youtube.com/watch?v=TdfT5R8ibm4&feature=youtu.be
The demands of Title IX require that K-12 schools, colleges, and universities aggressively investigate and adjudicate claims of sexual misconduct by students.
The investigations and disciplinary hearings that result from allegations of misconduct can be complex and intimidating for faculty and students alike, regardless of whether they are the accused or an accuser.
These Title IX regulations expressly require academic institutions to permit attorneys to participate on behalf of both victims and the accused in all investigations and adjudications of sexual misconduct.
McAndrews Law Offices
We are a nationally recognized firm that provides families of Pennsylvania, Delaware, Maryland, Metropolitan Washington, D.C. Area, and New Jersey with exceptional legal representation in Special Education, Estate Planning, Abuse of Vulnerable Citizens, and the representation of individuals involved in higher education allegations of misconduct.Main Office: 30 Cassatt Avenue, Berwyn, PA 19312
www.McAndrewsLaw.com
610-648-9300McAndrews Law Offices | 30 Cassatt Avenue, Berwyn, PA 19312
Coronavirus FAQ 4-3-20
Document:
Office of Developmental Programs (ODP) Coronavirus (COVID-19) Updates webpage
The Office of Developmental Programs (ODP) has created a Coronavirus (COVID-19) Updates webpage for stakeholders to stay up to date with updates and resources from ODP. This includes the COVID-19 ODP Update for Self-Advocates and Families Recording and COVID-19 ODP Update for Self-Advocates and Families PowerPoint
How to Read an IEP: Goals
The Goals section of the IEP charts where the team anticipates the student should be on their educational journey in one year’s time. Each IEP goal states a desired measurable achievement for the student to accomplish within the upcoming calendar year with the assistance of the educational team.
When you are reviewing your child’s individual goals, consider whether it meets the following “SMART” criteria:
Is the goal Specific? The goal should be written in a way that clearly informs the reader what the student will do (desired outcome), where they will do it (setting/context), when they will do it (date), how they will do it (supports), and how we will know they are doing it (method of progress monitoring). A common “formula” for writing a goal is:
By [DATE]. Student will [DESIRED OUTCOME] in [SETTING/CONTEXT] with [SUPPORTS] as measured by [METHOD OF PROGRESS MONITORING] increasing/decreasing from a baseline of [PRESENT LEVEL OF ACHIEVEMENT].
Is the goal Measurable? An observer should be able to validly and reliably “measure” the student’s progress toward the desired outcome. To start, the goal needs to show the child’s starting point or “baseline” with respect to each desired outcome reflected by their present level of academic and functional achievement. Then, using objective criteria, an observer must record data that can be used to quantify the student’s rate of improvement. Examples of methodology for measuring progress include curriculum-based assessments, rating scales, rubrics, or structured observation.
Is the goal Appropriately Ambitious? The Supreme Court of the United States ruled in Endrew F.: “goals may differ, but every child should have the chance to meet challenging objectives.” Accordingly, the desired outcome of IEP goals must be “appropriately ambitious” in light of the child’s circumstances. Goals should not aim so low that the student is essentially “sitting idly” waiting to either drop out or age out of the public education system. If a student does not achieve or make progress toward their annual goals, the appropriate response is to increase and/or modify the supports and instruction that the student receives; not to set a lower bar.
Is the goal Relevant: The desired outcome of the annual goal should advance the student on their journey to meet their long-term goal of post-secondary success. The IDEA establishes two intended purposes for IEP goals: (1) to meet the child’s needs that result from their disability to enable them to be involved in and make progress in the general education curriculum; and (2) to meet each of the child’s other educational needs that result from the child’s disability. Generally, if there is an identified area of need, there should be a corresponding academic or functional goal.
Is the goal Time-Bound – Typically, IEP goals are written to be accomplished within one calendar year. Progress, however, should be monitored and reported much more frequently. For students with disabilities who take alternative assessments (e.g. PASA), goals also must include short-term objectives or benchmarks for the student to achieve leading up to the final IEP goal.
When reviewing your child’s “Goals” section of the IEP, ask yourself these questions:
- Do you understand what the desired outcome is?
- Do you understand the specific supports in place that will help your child achieve the desired outcome?
- How will your child’s progress toward the goal be measured?
- Is the child’s baseline (i.e. present level of achievement) of the goal specified?
- Is the goal ambitious yet attainable?
- Do you think it’s important that your child develops this skill?
- Have the goals changed from the prior IEP? If not, what has changed in this IEP to support your child to achieve the goal this year?
- Is there a goal for each of the identified areas of development?
- Is there a goal for each related service that is being provided?
- If your child is over 14, are goals for post-secondary education, employment, and independent living included?
(For a full copy of this article, click here)
TDR: Effective Instruction
Document: