Friday, July 26, 2013

Wednesday, July 24, 2013

Data for ESY

KGK reminds you that as your children return to school, ask the special ed teacher what data is going to be collected before and after school breaks to determine if your child qualifies for ESY.  If you have an IEP at the beginning of the school year, ask the IEP team how ESY decisions will be made; ask what data will be collected.  And ask for that the discussion of data be written in the notes of the IEP meeting, although preferably in the IEP itself. 

If the IEP team discusses any decision ESY before the spring, and says your child does not qualify for ESY, ask what data  was collected, and ask to see the data.  It is virtually impossible to make an informed decision during the first half of the school year that a child will not need ESY the following summer. 

The date should be be related to all goals in your child's IEP -- not just academic, but functional, social, and behavioral as well, and the goals for related services. 


Tuesday, July 16, 2013

Acronyms to know for every IEP

KGK suggests you print this out and use as a guide when reading through the special ed records (the REDs, METs and IEPs) and to take with you to RED, MET and IEP meetings:

ADAAA     Americans with Disabilities Act Amendments Act

ADE          Arizona Department of Education

ALJ           Administrative Law Judge

BIP           Behavior Intervention Plan

DD           Developmental Disability

DP            Due Process

DSM-5     Diagnostic and Statistical Manual, 5th revision

ED             Emotional Disability

ESY            Extended School Year

FAPE          Free and Appropriate Public Education

FBA            Functional Behavioral Assessment

FERPA         Family Educational Rights and Privacy Act

IAEP or IAES   Interim Alternative Educational Placement/Setting

ID                Intellectual Disability

IDEA           Individuals with Disabilities Education Act

IEE              Independent Educational Evaluation

IEP              Individualized Education Program

IFSP            Individualized Family Service Plan

ISS              In-School Suspension

LEA             Local Educational Agency

LOS            Level of Service

LRE             Least Restrictive Environment

MDR          Manifestation Determination Review

MET           Multidisciplinary Education Team

OAH          Office of Administrative Hearings

OCR           Office of Civil Rights

ODD          Oppositional Defiant Disorder

OHI             Other Health Impaired

RED             Review of Existing Data

SEA              State Educational Agency

SLD              Specific Learning Disability

SLI               Speech and Language Impaired

SPED           Special Education

VI                Visually Impaired 

www.azspecialeducationlawyers.com 

Saturday, July 6, 2013

KGK wins Due Process - Residential Treatment Center

Kirsch-Goodwin & Kirsch's recent Arizona due process decision:  A charter school that failed to offer a student FAPE in her IEPs is responsible for the student's placement at an out-of-state Residential Treatment Center (RTC). 
http://www.azed.gov/special-education/files/2013/06/hearing-decision-13-005-flagstaff-arts-leadership-academy2.pdf.
Note, the law requires a student to be in the "least restrictive environment" (LRE), and for some students, the LRE may be an RTC.     

Tuesday, July 2, 2013

Arizona's new FERPA legislation may have some teeth

Ever wonder what to do about a FERPA FAMILY EDUCATIONAL RIGHTS AND PRIVACY violation?  You would look at your school district or charter school policy to find out how it addressed FERPA violations, or file a complaint with the Family Policy Compliance Office (FPCO).  Arizona enacted legislation this year that provides that: Any person who suspects that a school district or charter school has knowingly violated the family educational rights and privacy act may notify the principal of the charter school or the superintendent of the school district. If the matter is not satisfactorily resolved by the principal of the charter school or the superintendent of the school district within sixty days after the notice, the person may file a complaint with the superintendent of public instruction.  If the superintendent of public instruction determines that a school district or charter school is knowingly in violation of the family educational rights and privacy act, the superintendent of public instruction shall notify the school district or charter school that it is in violation of the family educational rights and privacy act.  If the superintendent of public instruction determines that the school district or charter school has failed to correct the violation within sixty days after a notice has been issued pursuant to this subsection, the superintendent of public instruction may inform the family policy compliance office of the United States department of education of a possible violation of the family educational rights and privacy act.
S1450 SCHOOL DISTRICTS; FERPA VIOLATIONS; PENALTY

Monday, July 1, 2013

How Cultures Deal with Autism-New York Times

Dealing with autism diagnoses is difficult but imagine you live in a community, where cultural values either prevent the conversation from happening or worse, is subject to bias and stigmas. Today's New York Times looks at one such community in Queens, New York.

New York Times-Autism Stigma in the Korean Community