|
|
| January 2010 |
Vol 1, Issue 2 |
|
|
|
Vantage Point
Professional advice and practical solutions for families of every kind
| |
|
|
| Greetings! |
Welcome back! As the flurry of holiday events begin to settle into the gentle places of our hearts, we gradually shift our focus back to the important activities of our daily lives: we plan our return to work and simultaneously prepare our children for their return to the classroom environment. Perhaps we even envision plans for making clear improvements to our family's quality of life; after all, it's a new year!
It is no mistake, then, that I've designed this month's issue of Vantage Point to enkindle the desire of parents to improve the quality of life for children with special learning needs. According to the U.S. Department of Education's 2001 report to Congress, almost 3 million children have some form of learning disability and receive special education in school. And, the standard diploma graduation rate for these students is 56.2%, nationwide, with a rate even lower for students who experience emotional disturbances, 40.1%. Suffice it to say, these statistics reinforce what we already know: we must do something more to help. The "more" is defined, here, as the acquisition of valuable knowledge and practical tools to increase positive outcomes for children with special learning needs.
This month's newsletter, fulfilling this definition, will therefore review the qualifications for special education; unveil powerful resources for children struggling with emotional and behavioral problems in school; and supply parents and advocates with downloadable documents to establish a winning influence in the lives of their children.
After perusing the special education sections, please also take some time to read about Louis Stanley Jr., M.S.W., M.Ed. He has an impressive background befitting the topic of this month's newsletter: He has over a decade of experience as a childhood educator and now works with our office as a skilled psychotherapist and advocate.
I sincerely hope you find this month's newsletter as interesting as it is helpful. Please feel free to forward a copy to colleagues, friends and family. Remember: Knowledge is power. So, enjoy!
|
| What is Special Education? Who qualifies? How Do I Request an Assessment? |
What is special education?
The Individuals with Disabilities Education Act (IDEA), a federal law, was first passed in 1975 to ensure that handicapped children, ages 3 - 21, receive a free and appropriate education. More specifically, it was designed to ensure that: (1) No child needing special education services will be denied placement; (2) Special education programs are individualized; (3) Children participating in special education programs are placed within a least restrictive educational environment; and (4) Parents will participate in making decisions about their child's education.
Many people think of special education as a particular classroom in a particular school. If a child qualifies for special education services, it is frequently assumed that the child automatically will be placed in that classroom. The law, however, does not define special education in terms of a particular school or classroom. It simply means the unique needs of a student with a disability will be met through the provision of "specially designated instruction." Specially designated instruction is education that is tailor-made just for a particular child according to his or her specific learning needs. This instruction can take place in a variety of settings including a regular or special education classroom in a public school, a private special education school, the child's home, a hospital, or a 24-hour residential school, for example. In addition, the specially designated instruction can be applied to any area of academic instruction (e.g., reading comprehension, mathematics, science, behavior management, social skills) and also covers areas like physical and vocational education. This special instruction is to be provided at not cost to the child's parent(s) or legal guardian(s).
At what age is a child eligible to receive special education services?
Infants and toddlers with disabilities (birth - 2) and their families are eligible to receive early intervention services under IDEA Part C. Children and youth (ages 3 - 21) are eligible to receive special education and related services under IDEA Part B.
Who qualifies for special education services?
There are 13 possible disability categories covered by the Individual with Disabilities Educational Act (IDEA); they are listed below for your reference. Full definitions are included for the most common disabilities we see in our practice.
- Autism
- Deaf-blindness
- Deafness
- Emotional disturbance. An emotional disturbance covered under IDEA is one that causes a student to exhibit one or more of the following characteristics over a long period of time; to a marked degree; and adversely affects his or her educational performance: (1) an inability to learn which cannot be explained by intellectual, sensory, or health factors; (2) an inability to build or maintain satisfactory interpersonal relationships with peers and teachers; (3) inappropriate types of behavior or feelings under normal circumstances exhibited in several situations; (4) a general pervasive mood of unhappiness or depression; and (5) a tendency to develop physical symptoms or fears associated with personal or school problems.
- Hearing impairment
- Mental Retardation
- Multiple Disabilities
- Orthopedic Impairment
- Other Health Impairment. Other Health Impairment is defined as a chronic or acute health problem that limits a student's strength, vitality, or alertness, and affects his or her performance in school. It is important to note that students with Attention-deficit Hyperactivity Disorder (ADHD) or Tourette's Syndrome can qualify for special education under this disability category.
- Specific Learning Disability. Specific Learning Disability is a disorder in one or more of the basic psychological processes involved in understanding or using spoken or written language. The disorder may manifest itself in an impaired ability to listen, think, speak, read, write, spell or calculate math. It may determined that a child has a specific learning disability if he or she does not achieve adequately for his or her age, or does not meet state-approved grade-level standards.
- Speech or Language Impairment
- Traumatic Brain Injury
- Visual Impairment
How do I request special education services?
|
| Timelines for California Schools to Complete Initial Special Education Assessments |
 Did you know that there are specific timelines within which all California area schools must complete your child's initial evaluation for Special Education services? There are.
After the school receives your written request for a special education evaluation, it has 15 days to prepare and provide you with a written assessment plan describing the specific tests and competencies the school psychologist, and others, will be addressing during your child's proposed evaluation [Cal. Ed. Code Sec. 56321(a).]
When you receive the school's proposed assessment plan, you then have 15 days to determine whether you will consent to the proposed assessments for your child. If you sign the consent form, the school, in turn, has an additional 60 calendar days to complete the evaluation and convene an Individualized Education Plan (IEP) meeting to review the recommendations in your presence [Cal. Ed. Code Sec. 56344.] | |
 |
| Do you have questions for Tony? |
|
|
| About Tony |
To learn more about Tony,
visit his website at:
| |
|
|
"Help! My child is acting-out in school, and the principal is threatening expulsion...Is there anything I can do?" |
 Yes! In 1990, the California State Legislature enacted Assembly Bill 2586, commonly referred to as the"Hughes Bill"; it places a particular duty upon school districts to provide additional interventions for special education students who exhibit serious behavior problems in school. Namely, the bill states that a Functional Analysis Assessment, or FAA, must be conducted whenever a child demonstrates behavioral problems in the classroom that: 1) have not responded to interventions described in the child's IEP; and 2) cause the child significant academic impairment. Qualifying behavioral problems include: self-injurious or assaultive behavior, property damage, or behavior that is "severe pervasive, and maladaptive" [5 C.C.R. Sec.3001 (ah)].
An FAA involves having a qualified behavior analyst conduct a rigorous program of behavioral observation and fact-finding. For example, such an analyst will observe the child in his or her classroom environment, review student records, establish a history of the behaviors targeted for change, and interview key participants involved in the child's day-to-day academic functioning, such as family members, teachers, and mental health professionals (You can review the actual FAA data collection form used by the analysts by clicking here). The goal of the assessment is to determine the triggers to the child's negative behavior, so that a positive Behavior Intervention Plan (or BIP) can be developed on behalf of the qualifying child.
After an FAA has been conducted, an IEP meeting is held to review the results of the evaluation and to develop and implement the Behavior Intervention Plan. The Behavior Intervention Plan is then closely monitored by the IEP team to gauge its effectiveness in improving the child's targeted behavior over time. It is important to note that the plan must include only positive interventions. Negative intervention techniques are statutorily impermissible unless emergency criteria are met [5 C.C.R. Sec. 3052(i), 3052(l)].
The California State Department of Education has published a manual concerning the implementation of Hughes Bill rights called Positive Intervention for Serious Behavior Problems, Best Practices in Implementing the Hughes Bill (A.B. 2586) and the Positive Behavioral Intervention Regulations (1988). You can purchase a copy of the manual for $14 by writing to the Publications Division, Sales Office, California Department of Education, P.O. Box 271, Sacramento, CA 95812-0271. |
| What is AB3632? How Can It Help My Child? |
What is AB3632?
AB3632 refers to the number of an assembly bill that was passed in 1984 by the California legislature. This law, and its subsequent amendments, is officially called Interagency Responsibilities for Related Services, but most people continue to refer to it as AB3632. This law makes county departments of mental health responsible for providing mental health services to special education students who needs these services to aid them in benefiting from their special education programs.
What types of mental health services are available under AB3632?
The typical mental health services available under AB3632 include individual, group and family psychotherapy, day treatment services, and evaluation and monitoring of psychotropic medication. These services are available to any special education student who needs them to help the student benefit from his or her educational program. For a student who is eligible for special education under an emotional disability, residential placement is also available if it is determined that he or she requires a 24-hour therapeutic program to aid in benefiting from their educational program.
How do I obtain AB3632 services for my child?
To obtain mental health services for a special education child under AB3632, the child's school district must first make a referral on behalf of the child to the appropriate unit at the local county department of mental health. A parent cannot make this referral directly; however, a parent may request that the child's school district make an AB3632 referral. It is generally a good idea to request an AB3632 referral at an IEP meeting so that the request can be written on the IEP. Clear documentation will then exist regarding when the request was made. This could prove helpful in the event that there are future timeline violations for assessment or delays in the provision of services.
What does the school district have to do when making an AB3632 referral for a child?
In making an AB3632 referral for a child, the school district must obtain written parental consent to forward certain information and documentation to the county department of mental health. This information and documentation must include: (1) a copy of assessment reports; (2) current relevant behavioral observations of the child in a variety of educational and natural settings; and (3) a report prepared by personnel who provided school counseling and guidance services to the student regarding why such services are not adequate. It is important to note that, to make a referral for AB3632 services, a child must have undergone at least six months of counseling related to the perceived emotional problems affecting his or her educational performance.
In addition, the school district must obtain written parental consent to allow the mental health evaluator to observe the student during school hours. A date must also be proposed by the school district for the IEP meeting after the county department of mental health has evaluated the child.
Once a parent has signed consent for an AB3632 referral, what will the county department of mental health do to determine whether the child requires mental health services as a part of the child's IEP?
An evaluator from the county department of mental health will review the educational information and documentation sent by the school district, and, if necessary, observe the child in his or her school environment. If mental health assessments are found to be necessary, a mental health assessment plan will be developed and the parents' written informed consent obtained.
As a part of the mental health assessment, a mental health evaluator typically conducts interviews with the child, the child's parents, and the child's teacher(s). It is rare that the evaluator actually administers any formal psychological tests. Once the mental health evaluator has reviewed the child's records and interviewed the child and others, the evaluator writes a report summarizing his or her findings and includes a recommendation for mental health services.
What are the timelines for the county department of mental health to complete its assessment of a child and return to an IEP meeting?
Once a child's parent has signed the consent to forward the child's records to the county department of mental health, it has 15 days to write a proposed assessment plan and present it to the child's parent. Once the parent has agreed to the proposed assessments, by signing the document, the county department of mental health has 50 days to complete its assessment and return to an IEP meeting with the findings and mental health recommendations.
When the county department of mental health recommends mental health services for a special education child, what information must be included in the child's IEP?
When the county department of mental health recommends mental health services for a child, the child's IEP must include the following: (1) a description of the mental health services to be provided; (2) the goals and objectives of the mental health services with appropriate objective criteria and evaluation procedures to determine whether the objectives are being achieved; and (3) when the mental health services are to begin, how frequently they are to be provided, and the length of time the services are to be provided.
When a child is receiving mental health services as a part of the child's IEP, how often must a meeting be held to review the IEP?
For all mental health services, except for residential placement, the child's IEP must be reviewed at least once a year by the IEP team. This IEP meeting should include a representative from the county department of mental health. However, when a child is receiving residential placement services under AB3632, the child's IEP must be reviewed every 6 months by the IEP team, including a representative from the county department mental health.
|
| Special Education Tips for Parents |
 Never sign an Individualized Education Plan (IEP) without reading it first. Verifying that the agreements reached in the meeting are accurately reflected in your child's IEP, a legal document, can save you a lot of time, energy, and in some cases, legal fees, if you discover later that the IEP is missing information critical to ensuring your child's future educational success.
Do not sign an IEP if you are unsure about something. The law states that you may take your child's IEP home to review. Use that time in thoughtful reflection of your child's special needs and seek professional consultation if necessary. Remember: Your child remains eligible for special education, continues to receive his current services, and stays in his or her current placement while you decide whether to consent to the newly proposed IEP amendments.
- If your child already has special education services, you may request an IEP meeting at anytime if you feel that he or she is not doing well in school. After receiving your written request for an IEP meeting, your child's school has 30 days within which to convene the requested IEP meeting [Cal. Ed. Code Sec. 56343.5.]
- You, as the parent or legal guardian, have the right to request a re-evaluation of your child's academic strengths and weaknesses at anytime, if you feel that he or she would benefit from another psycho-educational (special education) assessment. You do not have to what until your child's next triennial IEP meeting [20 U.S.C. Sec. 1414(a) (2); 34 C.F.R. 300.536.]
|
| Powerful Advocacy Tools: Downloadable Form Letters for Parents & Advocates of Children with Special Learning Needs |
  The following downloadable, PDF-style form letters are available here for parents and advocates:
- Request for Special Education Assessment (English-version)
- Request for Special Education Assessment (Spanish-version)
- Follow-up Letter to School for Failure to Assess
- Request for 30-day IEP Meeting
|
| Additional Resources for Parent and Advocates |
Wrightslaw
Wrightslaw is the leading website about special education law and advocacy, with thousands of articles, cases, and free resources related to children with special learning needs. Parents, educators, advocates, and attorneys come to Wrightslaw for accurate and reliable information.
Protection and Advocacy, Inc.
Protection and Advocacy, Inc. (PAI) is a non-profit disability rights organization that works in partnership with people with disabilities - to protect, advocate for and advance their human, legal and service rights. PAI "strives toward a society that values all people and supports their rights to dignity, freedom, choice and quality of life."
The Council of Parent Attorneys and Advocates
The Council of Parent Attorneys and Advocates, Inc. (COPAA) is an independent, non-profit, tax-exempt organization of attorneys, advocates and parents. COPPA's primary mission is to secure high quality educational services for children with disabilities. COPAA is premised on the belief that the key to effective educational programs for children with disabilities is collaboration -as equals- by parents and educators.
|
| Meet Louis Stanley Jr., M.S.W., M.Ed. |
 Louis Stanley Jr. is a Philadelphia native but has made California his home for over twenty years. His education and experience in childhood and adult education and, now, clinical social work, demonstrate the strength and depth of his passion for helping others. In 1996, he earned a teaching credential from the College of Notre Dame, in 2000, a Masters of Education degree from the University of San Francisco, and a Masters degree in Social Work from the University of California at Los Angeles in 2009.
During his clinical internship at the Venice Family Clinic in Los Angeles, Louis delivered outpatient psychotherapy and counseling services to children and adolescents who were functionally impaired by severe and persistent mental illness, serious behavioral disorders, and come from multi-racial, multi-ethnic cultural backgrounds and economically disadvantaged households. In addition to the development of foundational psychotherapy skills, this period of residency trained Louis in the art of Cognitive Behavioral Therapy (CBT), a heavily researched form of psychotherapy proven most effective in treating psychological disorders such as anxiety and depression.
Louis currently advocates for at-risk children and families within the child welfare system across greater Los Angeles. He also volunteers at AIDS Project Los Angeles (APLA) where he provides counseling and psychotherapy services to clients affected by HIV/AIDS and mental illness. In addition, Louis has recently joined the Private Practice Offices of Tony Madril in Century City where he specializes in treating anxiety and depressive disorders in children and adolescents. His sub-specialty practice is working with gay and lesbian youth.
To learn more about Louis, or to schedule an appointment, you may contact him by e-mail at louisstanley@ucla.edu, or by telephone at (310) 430-3204. |
| Preview Our Next Issue |
|
Join us! In our next issue of Vantage Point we will focus our creative energies on delivering you cutting-edge information related to our family members who are lesbian, gay, bi-sexual, transgender or questioning (LGBTQ).
- Read about new research findings that has unveiled the link between rejecting behaviors of families towards lesbian, gay and bisexual (LGB) adolescents and negative health outcomes in early adulthood.
- Find out why it is important for parents to discuss differences in race, ethnicity, and sexual orientation with children from an early age.
- Learn how you can support transgender youth to decrease the risk of isolation and vulnerability.
| |
|
We sincerely hope you enjoyed reading this issue of Vantage Point. Look for it again next month. Until then...be well!
|
|
|
|
|
|
