Wednesday, May 29, 2013

How Will I know if my Child is Making Progress?

How Will I know if my Child is Making Progress?

            In order to measure your child’s progress, the Individualized Education Program (IEP)  team must first indentify her current levels as a base line or a starting point for creating goals. Present levels of academic achievement and functional performance are based on data from objective assessments. The team uses this data to write measurable IEP goals that will allow you and the school to monitor your child's progress.
          
             Every IEP should say how progress towards annual goals will be recorded and monitored. Parents should receive progress reports that the school may issue quarterly or with report cards. Your child's IEP must describe how your child's progress toward the annual goals will be measured and when you will receive progress reports. Be aware of progress being reported by "teacher observation." When a child's progress is monitored by subjective "teacher observations," parents do not have objective data about their child's progress toward the goals in the IEP.

            Ask your child's teachers and service providers how and when they will measure your child's progress. You may ask:
  1. How often will you measure my child's progress?
  2. What tests or assessments will you use to measure my child's progress?
  3. How often will you communicate with me about my child's progress of lack of progress?
             
IDEA
20 U.S.C.§ 1414(d)(1)(A)(i)(I)
20 U.S.C.§ 1414(d)(1)(A)(i)(III)

IDEA Regulations
34 C.F.R. §300.320(a)(1)
34 C.F.R. §300.320(a)(3)


Tuesday, May 7, 2013

Does your child struggle with behavioral/emotional issues?

FBA… What is it?
            A FBA, or a functional behavior assessment, is a process schools often utilize when a child’s behavior begins to impede their learning or the learning of other students. Functional behavioral assessments are generally considered to be a continuous  problem-solving process for addressing students' unwanted behavior. It may identify:

·         purpose or function of behavior
·         variables that influence behavior
·         components of an effective behavioral intervention plan

            It relies on a variety of techniques and strategies to identify the purposes of specific behavior and to help IEP teams select interventions to directly address the problem behavior. A functional behavioral assessment looks beyond the behavior itself. The focus when conducting a functional behavioral assessment is on identifying significant, pupil-specific social, affective, cognitive, and/or environmental factors associated with the occurrence (and non-occurrence) of specific behaviors. Common functions of behaviors exhibited by students are:

·         Justice or revenge
·         Acceptance
·         Power or control
·         Self expression
·         Rewards
·         Escape or avoidance

            By identifying the antecedents to specific behaviors through observing the environment of a child, teachers can better create a plan to either reward good behaviors or replace negative ones by creating a behavior Intervention plan, or BIP.  Behavioral intervention plans based on an understanding of "why" a student misbehaves are extremely useful in addressing a wide range of problem behaviors.
       
            The 1997 Amendments to IDEA are explicit in what they require of an IEP team addressing behavioral problems of children with disabilities:

          “The team should explore the need for strategies and support systems to address any behavior that may impede the learning of the child with the disability or the learning of his or her peers (614(d)(3)(B)(i));
            In response to disciplinary actions by school personnel, the IEP team should, within 10 days, meet to formulate a functional behavioral assessment plan to collect data for developing a behavior intervention plan, or if a behavior intervention plan already exists, the team must review and revise it (as necessary), to ensure that it addresses the behavior upon which disciplinary action is predicated (615(k)(i)(B)); and States shall address the needs of in-service and pre-service personnel (including professionals and paraprofessionals who provide special education, general education, related services, or early intervention services) as they relate to developing and implementing positive intervention strategies (653(c)(3)(D)(vi).”

 If your child is struggling with behavior or emotional issues that are effecting his or her school work, we can help.


Friday, March 29, 2013

Disability-related Acronyms


Disability-related Acronyms 

The disability community is full of acronyms that people constantly use in writing and in conversation, and it’s important to know what those acronyms stand for. Acronyms are used in order to abbreviate names or phrases.

A Acronyms

AAC | Alternative Augmentative Communication
ABA | Applied Behavioral Analysis
ABC | Antecedent, Behavior, Consequence
ADA |Americans with Disabilities Act
ADD/ADHD | Attention Deficit/Attention Deficit Hyperactivity Disorder
ADLs | Activities of Daily Living
ADR | Alternative Dispute Resolution
AIM | Accessible Instructional Materials
APE | Adaptive Physical Education
APR | Annual Performance Report
ARD | Admission, Review, and Dismissal Committee
ARRA | American Recovery and Reinvestment Act of 2009
ASD | Autism Spectrum Disorders
ASL | American Sign Language
AT | Assistive Technology
AYP | Adequate Yearly Progress
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B Acronyms

BD | Behavioral Disorder
BIE | Bureau of Indian Education
BIP | Behavioral Intervention Plan
BOE | Board of Education

 

C Acronyms

CAP | Corrective Action Plan
CAPD | Central Auditory Processing Disorder
CAPTA | Child Abuse Prevention and Treatment Act
CBA | Curriculum Based Assessment
CC | Closed Captioning
CDA | Child Development Associate
CDC | Centers for Disease Control and Prevention
CEC | Council for Exceptional Children
CF | Cystic Fibrosis
CFR | Code of Federal Regulations
CIFMS | Continuous Improvement and Focused Monitoring System
COP | Community of Practice
CP | Cerebral Palsy
CPRC | Community Parent Resource Center
CSHCN | Children with Special Health Care Needs
CSPD | Comprehensive System of Personnel Development
CST | Child Study Team

 

D Acronyms

DB | Deaf-Blind
DD | Developmental Delay
DD Act | Developmental Disabilities Assistance and Bill of Rights Act
DIBELS | Dynamic Indicators of Basic Early Literacy
DoDDS | Department of Defense Dependent Schools
DS | Down Syndrome
DSM | Diagnostic and Statistical Manual of Mental Disorders by the American Psychiatric Association

 

E Acronyms

ECE | Early Childhood Education
ECSE | Early Childhood Special Education
ED | Emotional Disturbance
ED | U.S. Department of Education
EDGAR | Education Department General Administrative Regulations
EHA | Education of the Handicapped Act (now IDEA)
EHDI | Early Hearing Detection and Intervention
EI | Early Intervention
EIS | Early Intervening Services
ELL | English Language Learner
EMH | Educable Mentally Handicapped
EMR | Educable Mentally Retarded
EPSDT | Early Periodic Screening, Diagnosis and Treatment
ERIC | Educational Resources Information Center
ESD | Extended School Day
ESEA | Elementary and Secondary Education Act
ESL | English as a Second Language
ESY or EYS | Extended School Year or Extended Year Services

 

F Acronyms

FAPE | Free Appropriate Public Education
FAS | Fetal Alcohol Syndrome
FBA | Functional Behavioral Assessment
FC | Facilitated Communication
FEOG | Full Educational Opportunity Goal
FERPA | Family Educational Rights and Privacy Act
FOIA | Freedom of Information Act

 

G and H Acronyms

GE | General Education
GPRA | Government Performance and Results Act
GT | Gifted and Talented
HI | Hearing Impaired
HO | Hearing Officer
HoH | Hard of Hearing
HOUSSE | High Objective Uniform State Standards of Evaluation
HQT | Highly Qualified Teacher

 

I Acronyms

IA | Instructional Assistant
IAES | Interim Alternative Educational Setting
ID | Intellectual Disabilities
IDEA | Individuals with Disabilities Education Act
IEE | Individualized Educational Evaluation
IEP | Individualized Education Program
IES | Institute of Education Sciences
IFSP | Individualized Family Service Plan
IHE | Institution of Higher Education
ITCA | Infants and Toddlers Coordinators Association
ITP | Individualized Transition Plan

 

L, M, and N Acronyms

LD | Learning Disability
LEA | Local Education Agency
LEP | Limited English Proficiency
LRE | Least Restrictive Environment
MD | Muscular Dystrophy
MD or MH | Multiple Disabilities or Multiply Handicapped
MDR | Manifestation Determination Review
MMR | Mildly Mentally Retarded
Mod MR | Moderately Mentally Retarded
MOU | Memorandum of Understanding
MR | Mental Retardation
NASDSE | National Association of State Directors of Special Education
NCLB | No Child Left Behind Act (Elementary and Secondary Education Act)
NIH | National Institutes of Health
NIMAS | National Instructional Materials Accessibility Standard
NIMH | National Institute of Mental Health
NPRM | Notice of Proposed Rule Making

 

O Acronyms

OCD | Obsessive-Compulsive Disorder
OCR | Office of Civil Rights
ODD | Oppositional Defiant Disorder
OHI | Other Health Impairment
OI | Orthopedic Impairment
O & M | Orientation and Mobility
OSEP | Office of Special Education Programs
OT | Occupational Therapy

 

P and R Acronyms

P&A | Protection & Advocacy
PALS | Peer-Assisted Learning System
PASS | Plan for Achieving Self-Support
PBS | Positive Behavioral Supports
PCA | Personal Care Attendant
PD | Physical Disability
PDD | Pervasive Developmental Disorder
PEI | Spanish acronym for the Individualized Education Program (Plan Educativo Individualizado)
Perkins Act | Carl Perkins Vocational and Applied Technology Education Act
PLEP or PLP | Present Level of Educational Performance or Present Level of Performance
PP | Paraprofessional
PS | Preschool
PT | Physical Therapy
PTI | Parent Training and Information Center
RFP | Request for proposals
RS | Related Services
RTI | Response to Intervention

 

S Acronyms

§ | This symbol means “Section” as in “§ 300.7 Child with a disability” in the IDEA regulations
SAS | Supplementary Aids and Services
SB | Spina Bifida
SCHIP | State Children’s Health Insurance Program
SE | Special Education
SEA | State Education Agency
SEAC | Special Education Advisory Committee
Section 504 | Section 504 of the Rehabilitation Act
SED | Serious Emotional Disturbance
SI | Sensory Integration
SIG | State Improvement Grant
SIP | State Implementation Plan
SLD | Specific Learning Disability
SLI | Speech/Language Impairment
SLP | Speech/Language Pathologist
SPOA | Specific Power of Attorney
SPP | State Performance Plan
SSDI | Social Security Disability Income
SSI | Supplemental Security Income
SST | Student Study Team

 

T to Z Acronyms

TA&D | Technical Assistance and Dissemination Network funded by the Office of Special Education Programs (OSEP)
TANF | Temporary Assistance to Needy Families
TBI | Traumatic Brain Injury
TDD | Telecommunication Devices for the Deaf
TMH | Trainable Mentally Handicapped
TMR | Trainable Mentally Retarded
TS | Tourette Syndrome
T-TA | Training and Technical Assistance
TTY | Teletypewriter (phone system for the deaf)
TWWIIA | Ticket to Work and Work Incentives Improvement Act
VI |Visual Impairment
Voc Ed | Vocational Education
VR | Vocational Rehabilitation
WIC | Women, Infants and Children (Special Supplemental Food Program)
WWC | What Works Clearinghouse
 

Are charter schools required to follow IDEA?


Charter Schools

 

Federal law requires any school receiving public dollars to provide students with disabilities educational choices comparable to those offered to non-disabled students. Charter schools cannot discriminate against students with disabilities.

However, it is important to determine whether your charter school receives federal funding. In determining whether a charter school is subject to the IDEA and Section 504, it is important to find out whether the charter school is a public school of the local education agency (LEA) or not. If the charter school is a public school of the LEA, and most are, then they are REQUIRED to follow the federal law and provide children with FAPE and follow the regulations under IDEA. You can usually find out if the charter school is a public school of the LEA or not by asking the charter school for its memorandum between either the state or the local school district.

Unfortunately, many parents experience charter schools telling them that they do not have to follow federal and do not write IEP’s or 504 plans. This is not true. Please contact us at (317) 569-2200 if you are having trouble with your child’s charter school. It is so important parents are advocates for their children and that they reach out to get their children the education that they deserve.

 

More details about charter school obligations to students with disabilities are available online at www.charterschoolcenter.org.

 

 

 

Tuesday, November 13, 2012

Bullying / Harassment Part II

Effects of Bullying
Bullying can affect everyone including those who are bullied, those who bully, and those who witness bullying. Bullying is linked to many negative consequences including substance abuse, serious mental health issues, and even suicide. It is important as a parent, teacher or school administrator to talk to kids to determine whether bullying or something else is a concern.  
Kids Who are Bullied
Children who are bullied can experience negative physical, school, and mental health issues. Children who are bullied are more likely to experience:
-          Depression and anxiety increase in feelings of unhappiness, sadness, and feelings of isolation.
-          Changes in sleep and eating patterns
-          Loss of interest in activities they used to enjoy
-          Health complaints
-          Fear of going to school
-          Decreased academic achievement –GPA and standardized test scores—and school participation. They are more likely to miss, skip, or drop out of school
A very small number of bullied children might retaliate through extremely violent measures. In 12 of 15 school shooting cases in the 1990’s, the school shooters had a history of being bullied according to http://www.stopbullying.gov.
Kids Who Bully Others
Children who bully others can also engage in violent and other risky behaviors into adulthood. Kids who bully are more likely to:
-          Get into fights, vandalize property, and drop out of school
-          Be abusive toward their romantic partners, spouses, or even their own children as adults
-          Engage in early sexual activity
-          Abuse alcohol and other drugs in adolescence and as adults
-          Have criminal convictions and traffic citations as adults
Bystanders
Children who witness bullying are more likely to:
-          Have increased use of tobacco, alcohol, and/or other drugs
-          Have increased mental health problems, including depression and anxiety
-          Miss or skip school
Please see http://www.stopbullying.gov for more information

Monday, November 12, 2012

Bullying / Harassment

Bullying / Harassment
It is a parent’s worst nightmare when a child comes home from school injured either from another student or even from school staff. When you send your child off to school, you expect to be sending them to a safe learning environment, however this is not always the case. Sometimes parents can feel helpless because of their lack of control and inability to protect their child in the school environment. Bullying should be taken seriously and can  have serious consequences on a child.
While the pain of a physical attack often fades quickly, being a social outcast can last for months or years, and the social and emotional impact can persist into adulthood (Estell & Chamberlin, 2003).
Special Education and Bullying
Children in special education or who have a 504 plan are especially vulnerable to bullying and abuse – but fortunately, they have more protections legally than regular education children do in many instances. In one study, 90% of the mothers of children with Asperger’s syndrome reported that their child had been a target of some form of bullying within the previous year (Little, 2002). Researchers believe this value may be a conservative estimate because targets can be reluctant to report bullying even to their parents (Hay et al. 2004, Attwood, 2004).

80% of adolescents and 90% of 4th through 8th graders reported being bullied at school (Maine Project Against Bullying, 1998-2000). Students reported that 71% of the teachers or other adults in the classroom ignored bullying incidents (Maine Project Against Bullying, 1998-2000). There is evidence showing peer group support for aggressive behaviors as early as the first grade (Estell, et al., 2002).
Most states, including Indiana, do not yet collect information on bullying incidents, although the accumulation and dissemination of such data would seem to be useful in examining bullying in schools and determining why it persists (Estell & Chamberlin, 2003). As of 2003, twenty-two states have adopted policies to deal with bullying; Indiana is not one of the states (Estell & Chamberlin, 2003). In 2005 Indiana adopted a token attempt to address bullying by amending the discipline rules governing school corporations to (1) prohibit bullying, (2) include provisions concerning education, parental involvement, reporting, investigation, and intervention apply to students (1) on school grounds, (2) at school activity, function, or event, (3) traveling to or from school or school activity, function, or event, or (4) using property or equipment provided by the school. However, noncompliance with this section by the school may not be used as evidence against the school (IC 20-33-8-13.5).

If you suspect sexual or any other type of abuse of your child by other students or school staff, you should contact police and Child Protective Services immediately, as well as attorney. Whether you and your child are entitled to monetary damages or other remedies for what has transpired is a time-sensitive, fact-sensitive inquiry.


Tuesday, October 23, 2012

Detecting Autism

Detecting Autism
There have been many debates regarding the causes of Autism. It is a question that has haunted many parents who wonder if they have done something wrong to cause their child to have Autism. Although some types of Autism have known causes, most are found to be idiopathic, or without a known cause. There are many theories as what causes autism, including vaccinations, immune deficiency, food allergies, genetics and many other theories. However, none of these theories have been proven.
You would think that with so much information available, someone would have figured out the cause of Autism by now; though, it is still seemingly a medical mystery.  However, researchers from Boston Children's Hospital may have brought us one step closer to discovering the cause of Autism. The researchers have found that recent tests measuring the electrical activity in the brain can distinguish children with Autism from children with typical brains as early as 2 years of age.  Their study was published last week in the online journal, BMC Medicine. Researchers compared raw data from the electroencephalogram tests, or EEGs, of 430 children with Autism and 554 other children from 2 to 12 years of age. Children with Asperger Syndrome did not participate in the testing. The researchers found that children with Autism had consistent EEG patterns showing altered connectivity between different parts of the brain. In general, they showed reduced connectivity compared with the other children's brains. As we get closer to pinpointing the brain’s functions and its effects on human behavior, we grow closer to solving the mystery of the causes of Autism.
There are other ways to identify whether children have any type of autism, but many of these signs go unnoticed. Early detection, however, can have a huge effect how students progress and develop if they get early-intervention services to match their needs and support their development. There are also some known causes, including Depakote (also named Valproate), which is an anti-seizure medication taken during pregnancy; Fragile X syndrome, which is a genetic disorder; Rett Syndrome, which is a genetic disorder affecting only females, Tuberous Sclerosis, which is a rare genetic disorder; and Prader-Willi Syndrome, which is also a rare genetic disorder.
According to The National Association of School Psychologists, students with Autism are most often diagnosed by school staff. It may be possible, however, that the EEG patterns could change the way children are diagnosed. The researchers believe that their findings could lead to a diagnostic test for Autism, particularly at younger ages when behavior-based measures are less reliable. The researchers plan to next study the EEG patterns of children with Asperger Syndrome and children with Autism. This promises to reveal why it affects some children in one way and others in another.
Regardless of the cause, getting a good support system in place for your child is vital. If you are struggling with your child’s school to diagnose and/or provide appropriate support to your child with Autism, we can help. Please visit www.hzlegal.com for more information. 

Friday, October 19, 2012

Assistive Technology

Assistive Technology

Assistive Technology, (hereinafter "AT") is an umbrella term that includes assistive, adaptive, and rehabilitative devices for people with disabilities and also includes the process used in selecting, locating, and using them. AT can be an important asset to your child's success and should be included in your child's IEP. AT promotes greater independence by enabling people to perform tasks that they were formerly unable to accomplish, or had great difficulty accomplishing, by providing enhancements to, or changing methods of interacting with, the technology needed to accomplish such tasks. 

For example, a child who struggles or is slow with writing down their thoughts and ideas because they have weakened fine-motor strength would be permitted to use a computer in the classroom to type their notes or papers. This accommodation would be detailed in the child's IEP.  


Assistive Technology and the IEP
1.      Needs for technology must be identified on an individual basis.
2.  Assistive technology needs must be considered along with the child's other educational needs. 
3.      Identification of technology needs must involve family members and a multidisciplinary team.
4.      Parents or IEP members can ask for additional evaluation or an independent evaluation to determine assistive technology needs.
5.      When an evaluation is being conducted, consider: fine-motor skills, communication, and alternatives to traditional learning approaches.
6.      Lack of availability of equipment or cost alone cannot be used as an excuse for denying an assistive technology service.
7.      If included in the IEP, assistive technology services and devices must be provided at no cost to the family and, if so indicated, devices must be allowed to go home with the student.
8.      Parents always have the right to appeal if assistive technology services are denied.

NOTE: The National Council on Disability has issued a report on the availability of assistive technology to persons with disabilities. The report contains a specific section on education and emphasizes the major role technology now plays in education. To see the report go to http://www.ncbi.nlm.nih.gov/books/NBK11418/