NLDline

Subj:    THE SPECIAL ED ADVOCATE, NOVEMBER 30, 1999 (V. 2, NO. 30)
Date:    11/30/99 2:49:55 PM Pacific Standard Time
From:    pwright@wrightslaw.com (Pam & Pete Wright)
Sender:    owner-special-ed-advocate@wrightslaw.com
To:    special-ed-advocate@wrightslaw.com

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The Special Ed Advocate:

The Online Newsletter About Special Education and the Law

November 30, 1999 Vol. II, No. 30

Visit us today at http://www.wrightslaw.com

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The Special Ed Advocate is a free online newsletter about special education legal issues, cases, tactics and strategy, effective educational methods, and Internet links.

As a subscriber to The Special Ed Advocate, you will receive announcements and "alerts" about new cases and other events. Back issues of The Special Ed Advocate are archived at our web site -

http://www.wrightslaw.com/main_newsletter_archives.htm

Contact, copyright, and subscription information is at the end of this
newsletter.

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1. DISCIPLINE IS A HOT ISSUE! CHECK OUT THE NEW ARTICLE, "FUNCTIONAL BEHAVIORAL ASSESSMENTS: WHAT, WHY, WHEN, WHERE, AND WHO?"

2. LESLIE ASKS, "HOW CAN I GET PROFESSIONAL STANDARDS FOR ADVOCATES IN MY STATE?

3. GREG ASKS, "WHAT OBLIGATIONS DOES THE SCHOOL HAVE FOR EDUCATING AN EMOTIONALLY DISTURBED 15 YEAR OLD?"

4. ADVICE FROM DR. BROWN ABOUT ACCOMMODATIONS IN COLLEGE

5. NEW IN THE ADVOCATE'S BOOKSTORE

6. SUBSCRIPTION INFORMATION

7. CONTACT INFORMATION

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1. DISCIPLINE IS A HOT ISSUE! CHECK OUT OUR NEW ARTICLE, "FUNCTIONAL BEHAVIORAL ASSESSMENTS: WHAT, WHY, WHEN, WHERE, AND WHO?"

Discipline is a hot issue. Schools are placing disabled children in “alternative educational settings” or booting children out altogether.

Did you know that IDEA includes procedures that schools are required to follow when placing children in alternative educational settings?

* * IDEA * *

According to the statute, school personnel “may order a change in the placement of a child with a disability to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 school days.”

There are only two exceptions to the 10 day rule: if the child “carries a weapon to school or to a school function” OR if the child “knowingly possesses or uses illegal drugs or sells or solicits the sale of a
controlled substance while at school or a school function” (Wrightslaw: Special Education Law, p. 74)

Doesn’t this tie the hands of school authorities? What can schools do when children act out?

When children display behavior problems, the school must conduct a Functional Behavioral Assessment and implement a Behavior Intervention Plan for the child. “If the child already has a Behavioral Intervention
Plan, the IEP team shall review the plan and modify it . . . to address the behavior. (20 U.S.C 1415(k)(1)) (Wrightslaw: Special Education Law, p. 75)

* * APPENDIX A * *

QUESTION 38. If a child’s IEP includes behavioral strategies to address a particular behavior, can a child ever be suspended for engaging in that behavior?

ANSWER (in part):

“If the child’s behavior impedes his or her learning or that of others, the IEP team . . . must consider . . . development of strategies, including positive behavioral interventions, strategies and supports to
address that behavior . . .”

“A failure to . . . consider and address these behaviors in developing and implementing the child’s IEP would constitute a denial of FAPE to the child.” (Wrightslaw: Special Education Law, p. 223) . . .

“However, school personnel may not use their ability to suspend a child for 10 days or less at a time on multiple occasions in a school year as a means of avoiding appropriately considering and addressing the child’s
behavior as part of providing FAPE to the child.” (Wrightslaw: Special Education Law, p. 224)

“FUNCTIONAL BEHAVIORAL ASSESSMENTS” BY DR. STEPHEN STARINS

WHAT is a "functional behavioral assessment? HOW is the functional behavioral assessment conducted? WHEN should a functional assessment be done?

WHO is qualified to conduct functional behavioral assessments? Check out the new article, “Functional Behavioral Assessments: What, Why, When, Where, and Who?” by Dr. Stephen Starins.

This new article is in the Wrightslaw Advocacy Library at
http://www.wrightslaw.com/advoc/articles/Functional_Behavioral_Assessment_Starin.html

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2. LESLIE ASKS, "HOW CAN I GET PROFESSIONAL STANDARDS FOR ADVOCATES IN MY STATE?

"As an advocate, I continually run into the problem of coming behind other 'advocates' who have made a mess of things and broken down all effective communication between the school and the parents. They often
back out of the situation they created, leaving the parents in a greater state of crisis."

"These advocates know only half of the law(s), have no negotiation skills, no functional knowledge of the child's specific disability or needs. They seem to think their job is to be a 'pit bull' and 'attack' the school system in a direct and personal fashion."

Read the answer at

http://www.wrightslaw.com/advoc/ltrs/ltr_leslie_standards_advocates.html

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3. GREG ASKS, "WHAT OBLIGATIONS DOES THE SCHOOL HAVE FOR EDUCATING AN EMOTIONALLY DISTURBED 15 YEAR OLD?"

Greg writes about a "hypothetical case":

"A 15 year old male is diagnosed as "seriously emotionally disturbed." Academically, he is functioning on approximately 2nd grade level. Current placement is 23.5 hours a week in a self-contained classroom,
with 7.5 hours in general education. This placement is because of behavior problems."

Here is Greg's question:

"What obligations does the school system have? Must the school continue to provide special education services in the current setting if they believe the student is a danger to himself or others? What if the school has no alternative placement within the system that is appropriate?"

Read the answer at

http://www.wrightslaw.com/advoc/ltrs/ltr_discipline_Gary.html

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4. ADVICE FROM DR. BROWN ABOUT ACCOMMODATIONS IN COLLEGE:

We continue to receive letters from parents and college students about problems getting accommodations from colleges and universities.

Jane wrote, "My 20 year old son is a sophomore at a college. He was diagnosed with learning disabilities in 3rd grade. He cannot pass the required math course. According to the last evaluation, he is at the 3rd percentile in math. He is a hard worker and made the Dean's List."

"We asked the college to waive the math requirement (they won't) or allow a substitution course. The professor believes he can pass if he works hard enough! Does anyone have experience dealing with problems at the university level? Has anyone had success getting a waiver or substituting a required course?"

After publishing a similar letter a few months ago, we received a good advice letter from Dr. Brown, a university professor.

To read his advice letter, go to

http://www.wrightslaw.com/advoc/ltrs/ltr_accoms_universities_brown.html

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5. NEW IN THE ADVOCATE'S BOOKSTORE

We've added several excellent books to the Advocate's Bookstore.

1. ACCOMMODATIONS IN HIGHER EDUCATION UNDER THE AMERICANS WITH DISABILITIES ACT (ADA) BY MICHAEL GORDON (Editor), SHELBY KEISER (Editor), ALTA LAPOINT.

"Practical manual offers guidance for anyone involved with ADA issues in higher education settings. Fundamental principles and actual clinical and administrative procedures are outlined for evaluating, documenting, and accommodating a wide range of mental and physical impairments."

BOOK LINK:
http://www.amazon.com/exec/obidos/ASIN/157230359X/thespecialedadvo/

LEGAL SECTION of Bookstore:
http://www.wrightslaw.com/bkstore/bks_law.htm

* * * * * *

2. CLINICAL AND FORENSIC INTERVIEWING OF CHILDREN AND FAMILIES BY JEROME M. SATTLER

Incredible resource by Jerome Sattler, author of ASSESSMENT OF CHILDREN.

“Designed to help professionals become competent clinical assessment and forensic interviewers.”

“This book is based on the philosophy that one cannot be a competent clinical or forensic interviewer unless he or she has the relevant information about the child’s presenting problem, as well as knowledge of the interventions that might help the child and family.”

“In this text, you will find information about the major problem areas encountered by children and their families and about interventions, along with suggestions for conducting interviews.”

BOOK LINK:
http://www.amazon.com/exec/obidos/ASIN/0961820942/thespecialedadvo

EDUCATION SECTION of Bookstore: http://www.wrightslaw.com/bkstore/bks_educate.htm

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6. SUBSCRIPTION INFORMATION

To subscribe to The Special Ed Advocate, go to

http://www.wrightslaw.com/approve.htm

To unsubscribe to The Special Ed Advocate, send an email to

majordomo@wrightslaw.com

In the beginning of your message, insert the following words exactly, with hyphens, lowercase

unsubscribe special-ed-advocate

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7. CONTACT INFORMATION

Pete and Pam Wright
c/o The Special Ed Advocate
P. O. Box 1008
Deltaville, VA 23043
Phone: 804-257-0857

Website: http://www.wrightslaw.com

Email: webmaster@wrightslaw.com

The resources at this website are copyrighted by the authors. They may be used for non-commercial purposes only. They may not be redistributed for commercial purposes without the express written consent of Peter W.
D. Wright.

It is not necessary to obtain our consent to link to our website or copy, print and distribute our articles and newsletters for nonprofit purposes so long as the material is reproduced in its entirety and credit is given to Pete and Pam Wright and "wrightslaw" including the URL -

http://www.wrightslaw.com

Copyright 1999, Peter W. D. Wright and Pamela Darr Wright. All rights
reserved.

END