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					      Wrightslaw
Special Education Law
& Advocacy Boot Camp

      Peter Wright, Esq.
   Pamela Wright, MA, LCSW

 Sponsored by The Oklahoma
    Disability Law Center
        The Show . . .
Goes from a high speed race to a trot, a
crawl and a dawdle – but it‘s all in
Wrightslaw: IDEA 2004 and
Wrightslaw: From Emotions to
Advocacy.
Since the program hits the highlights
from these books, you don‘t need to copy
slides (unless you enjoy frustration)!
Sit back. Enjoy the show.
We‘ll tell you when you need to write
something down.
            Agenda
 Laws   – IDEA 2004, Sec. 504 &
  NCLB
 Bell Curve: Progress &
  Regression
 SMART IEPs
 Advocacy Tactics & Strategies
           Pete’s Story

 School
  Records
 Parents
 Diana King
    Quiz – Baseline Data


 Memory – lose
  90% in 23
  hours
 Repetition!
 Test & Re-test
  Eagle Soars –
Find Answers Fast
         Overview of IDEA
          20 U.S.C. § 1400
          20 U.S.C. § 1401
          20 U.S.C. § 1412
          20 U.S.C. § 1414
          20 U.S.C. § 1415
   Code of Federal
    Regulations

Notice of Proposed Rulemaking
             (NPRM)
     Individuals with
 Disabilities Education Act
       (IDEA 2004)
          20 U.S.C. § 1400


            Overview
(c) Findings –

(d) Purposes -
§1400(c) Findings (p.30)

§1400(c)(1) Disability is a natural
part of the human experience and
in no way diminishes the right of
individuals to participate in or
contribute to society.
Improving educational results
for children with disabilities is
an essential element of our
national policy of ensuring
equality of opportunity, full
participation, independent
living, and economic self-
sufficiency for individuals with
disabilities.
§1400(c)(4) However, the
  implementation of this Act has
  been impeded by low expectations,
  and an insufficient focus on
  applying replicable research on
  proven methods of teaching and
  learning for children with
  disabilities.
      30 Years of Research


(5) Almost 30 years of research and
  experience has demonstrated that the
  education of children with disabilities can
  be made more effective by--
  Special Ed to be more
    effective by . . .
Strengthening the role and responsibility
  of parents [1400(c)(5)(B)] and

―. . . Ensure that special education can
  become a service for such children
  rather than a place where such children
  are sent.‖ [1400(c)(5)(C)] (top of page
  31)
    §1400(d) Purposes
§1400(d) Purposes.--The purposes of this
  title are--
  (1)
  (A) to ensure that all children with
  disabilities have available to them a
  free appropriate public education that
  emphasizes special education and
  related services designed to meet their
  unique needs and prepare them for
  further education, employment and
  independent living;
(B) to ensure that the rights of
  children with disabilities and
  parents of such children are
  protected; . . .


  On inside front cover, write
 Purposes – Section 1400(d),
 page 33
    20 U.S.C. § 1401
       Definitions

 Wrightslaw: IDEA 2004,
  Page 34
         § 1401
(3) Child with a disability
means a child
  ...
  Who, by reason thereof,
needs special education and
related services.
           § 1401

(29) Special Education – The
term ‗special education means
specially designed instruction, at
no cost to the parents, to meet the
unique needs of a child with a
disability . . .‘
    20 U.S.C. § 1412
     (Catch-all Statute)
 Extended School Year
 Child Find – Label not necessary
 Least Restrictive Environment
 10 Day Rule - Private Placements
 Statewide Assessments
 Wrightslaw: IDEA 2004, page 60
      § 1412(a)(1)(A)
FAPE is available to all children with
 disabilities residing in the State
 between the ages of 3 and 21 . . .
 even if the child has been
 suspended or expelled from
 school.
   § 1412(a)(3)(B)
      Child Find
Classification by Disability not
             Required
         § 1412(a)(5)
  Least Restrictive Environment

Discussion: Fourth Circuit decision in
  Carter v. Florence County School
  District IV

 www.wrightslaw.com/law/caselaw/
 4th.carter.florence.htm
       § 1412(a)(10)(C)

    10 Day Rule re Private Placements
 10 business days prior to removal from
  the public school or at the most recent
  IEP meeting prior to removal
 Parents must provide clear notice that
  they reject the public placement and
  intend to enroll the child in private
  school at public expense.
 Wrightslaw: IDEA 2004, page 65
       § 1412(a)(14)

Personnel Qualifications for -
 Related Service providers
 Paraprofessionals
 Special Education Teachers
 See NCLB
       § 1412(a)(16)
 Statewide assessments
 Children with disabilities are to be
  included in the assessment
  process, with appropriate
  accommodations, where
  necessary.
      § 1412(a)(25)
Mandatory meds, prohibited
Teacher‘s recommendation for
 same, okay
   Tests &
Measurements
      &
the Bell Curve
   Descartes (1644)

―If something exists, it exists in
  some amount.‖

―If it exists in some amount, it is
  capable of being measured.‖
         Actual Evals
 WISC  and T Scores
 IQ Scores
    Write & Memorize
 + and – 1 SD = 68%
 One-half of 68% = 34%
 + and – 2 SD = top and bottom
  2% (98% + 2%)
       The Bell Curve
                   mean
       -2SD   -1SD    0 SD   +1SD
+2SD




      70      85     100     115
130
Bell Curve: Subtest Scores
     -2SD   -1SD   0 SD   +1SD
 +2SD




      4      7     10       13
 16
      2%    16%    50%      84%
    Standard Scores, Subtest
    Scores, Percentile Ranks
     SS   Subtest        %Rank
   130      16           98
   115      13           84
   110             12           75
   100      10           50
    90              8           25
    85        7          16
    70        4           2
   Resources: Testing
 WrightslawQuick Rules of
 Tests – From Emotions to
 Advocacy, p. 94

 ConversionTable – From
 Emotions to Advocacy, p. 96
      T scores / z scores
   At the bottom of page 94, add the
    following:

   T scores, Mean = 50, SD = 10

   z scores, Mean = 0, SD = 1
       How to Chart Test
            Scores
   List repeated educational
    achievement tests
    – Woodcock Johnson Tests
    – Kaufmann
    – Wide Range Achievement (WRAT)
    – Standardized Achievement Test
     Batteries
      How to Chart Test
       Scores (con’t)
 Log in percentile ranks on tests
  and subtests
 Compute changes in percentile
  ranks
 Wrightslaw: From Emotions to
    Advocacy, Chapters 10 & 11
    Woodcock Johnson
     Standard Scores
            1/90   5/91   10/92   6/95

 Reading     97    94     90      78
 Writing     87    92     91      84
 Arith      115   105     97      95
 Mean       100   100    100     100
    Woodcock Johnson
     Percentile Ranks
            1/90   5/91   10/92   6/95

 Reading    42     34      25      7
 Writing    19     30      27     16
 Arith      84     63      42     37
 Mean       50     50      50     50
      Woodcock Johnson
       Standard Scores
120

100

 80
                                          Reading
 60                                       Writing
                                          Arith
 40                                       Mean

 20

  0
      Jan-90   May-91   Oct-92   Jun-95
     Graph - Woodcock
          Johnson
      Percentile Ranks
90
80
70
60
                                  Reading
50
                                  Writing
40                                Arith
30                                Mean
20
10
0
     1/90   5/91   10/92   6/95
     Woodcock Johnson
     Percentile Ranks -
          Reading
45
40
35
30
25
20                                Reading
15
10
5
0
     1/90   5/91   10/92   6/95
   Woodcock Johnson
Percentile Ranks - Writing
30

25

20

15                                Writing
10

 5

 0
     1/90   5/91   10/92   6/95
  Woodcock Johnson
Percentile Ranks - Math
90
80
70
60
50
40                                Arith
30
20
10
0
     1/90   5/91   10/92   6/95
          W-J % Rank
      Three dimensional bar


100                                                Reading
 80                                         Mean   Writing
 60                                                Arith
                                        Arith
 40                                                Mean
                                  Writing
 20
                              Reading
 0
      Jan- May- Oct-   Jun-
       90   91   92     95
        W-J Line % Rank
      Three dimensional line



                                                       Reading
100                                             Mean   Writing
                                                       Arith
                                        Arith
                                                       Mean
50                                Writing
                              Reading
 0
Jan-90 May-91 Oct-92 Jun-95
  Bell Curve - Review
68% / 2 = 34%
50% + 34% = 84%
50% - 34% = 16%
50% + 25% = 75%
50% - 25% = 25%
+ and - 2 SD = top & bottom
 2%
Demo: Power Point Graph
 Open Power Point
 Open New Blank Presentation
 Click on the Chart Format
 Double click to add chart
 Change 1st Qtr, 2nd Qtr to dates
 Change East, West, North to test
  names
 Change data fields
20 U.S.C. § 1414(a,b,c)
     Evaluations

 Inside Front Cover, write
Evals – Section 1414(a,b,c) – page
 84
     § 1414(a) (b) (c)
        Evaluations
 Notice & description of procedures
 No single procedure as the sole
  criterion
 Tests administered in accordance
  with the instructions from
  publisher
 Child assessed in all areas of
  suspected disability
    § 1414(a) (b) (c) con’t
 Parents are members of the
  eligibility team
 Parents must be given report and
  documentation of determination of
  eligibility.
    § 1414(a) (b) (c) con’t
 Initial evals and re-evals must
  include information and evals
  provided by parent
 Must include present levels of
  performance &
 Educational needs
 Parental consent necessary for
  initial eval & re-evals.
  § 1414(a)(b)(c) critical
       subsections
(a)(1)(C) 60 days
(a)(1)(D) Consent
(a)(2) Re-Evals
(b)(2) & (3) Eval Conduct Plus
(b)(5) Special Rule – Reading
(b)(6) Specific Learning Disability
  (b)(6)(B) Response to Intervention
         § 1414(c)(1)
Additional Requirements
  present levels of academic achievement
     and educational and related
     developmental needs
Educational Needs
Modifications
 Wrightslaw: IDEA 2004, page 89
         § 1414(c)(5)
The LEA ―shall evaluate a child with
 a disability . . . Before determining
 that the child is no longer a child
 with a disability.‖


 Wrightslaw: IDEA 2004, p 90
            Review
§1400(__) Purposes. - The
 purposes of this title are--
 (1)(A) to ensure that all children
 with disabilities have available to
 them a free appropriate public
 education that emphasizes special
 education and related services
 designed to meet their ____ ____
 and prepare them for _____
 _____, ______ and _____ _____.
       IEPs
20 U.S.C. § 1414(d)

 Inside Front Cover, write:

   IEPs, Section 1414(d),
          page 90
§ 1414(d) Individualized
   Education Programs
Definitions
Requirements
Development of IEP
Review and Revision
Multi-Year IEPs
Failure to Meet Transition Objectives
Children in Adult Prisons
§ 1414(d)(1) - Definitions

  IEP Program
  IEP Team
  Meetings: Attendance and Excusal

 Wrightslaw: IDEA 2004, p 90
     § 1414(d)(2) -
     Requirements
Beginning of School Year
Transfers

 Wrightslaw: IDEA 2004, p 90
     § 1414(d)(3) -
   Development of IEP
In General
Special Factors
Regular Ed Teacher
Waiver of IEP Meeting
Consolidation of Eval and IEP
Amendments to IEP
 Wrightslaw: IDEA 2004, p 94-95
§ 1414(d)(4) - Review
     and Revision
Lack of Progress in Gen‘l Ed
Annually


 Wrightslaw: IDEA 2004, p 95
§ 1414(d)(5) – Multi-Year
          IEP

Pilot Program - 15 states max



 Wrightslaw: IDEA 2004, p 95
§ 1414(d)(6) – Transition
       Objectives

Failure – reconvene IEP Meeting

 Wrightslaw: IDEA 2004, p 96
 § 1414(d)(7) – Kids in
        Prison
      Prisons v Jails


 Wrightslaw: IDEA 2004, p 97
  § 1414(e) - Educational
        Placements
  Parents are members of any group
  that makes placement decisions.

 Wrightslaw: IDEA 2004, p 97
   § 1414(f) - Alternative
      Means of Meeting
        Participation
  For IEP and other meetings, video
  and telephone conferences are
  permitted, if agreed.

 Wrightslaw: IDEA 2004, p 97
   § 1415 – Procedural
       Safeguards

Overview of Statute

 Wrightslaw: IDEA 2004, p 99
        § 1415(b)
    Types of Procedures
The procedures required by this section
  shall include--
(1) an opportunity for the parents of a
  child with a disability to examine all
  records relating to such child and to
  participate in meetings with respect to
  the identification, evaluation, and
  educational placement of the child . . .
      § 1415(b)
  Types of Procedures

and the provision of a free
appropriate public education to
such child, and to obtain an
independent educational
evaluation of the child;
         § 1415(b)
     Types of Procedures
(3) written prior notice to the parents of
  the child whenever such agency--
(A) proposes to initiate or change; or
(B) refuses to initiate or change; the
  identification, evaluation, or educational
  placement of the child,
(6)(B) Two year statute of limitations
   § 1415(c)(1) Content of
  Prior Written Notice (page
             100)
shall include -
 (A) a description of the action
 proposed or refused by the
 agency;

 (B) an explanation of why the
 agency proposes or refuses to take
 the action and
a description of each evaluation
procedure, assessment, record,
or report used as a basis for the
proposed or refused action;
(E) A description of other
options considered by the IEP
Team and the reason why
those options were rejected;
(F) a description of the factors that
  are relevant to the agency‘s
  proposal or refusal;

 Wrightslaw: IDEA 2004, p
 100
§ 1415(c) (Prior) Written
         Notice
A ―Stranger‖ letter, describing facts and
then inquiring as to specifically why the
proposed change was rejected, what
other options were considered, why
they were rejected, a description of
each eval used, etc.

Source: Oklahoma Disability Law
Center
    § 1415(c)(2)
Due Process Complaint
       Notice
See §1415(b)(7)
Nature of Problem
Facts relating to the Problem
Proposed Resolution
School Districts Response due
 Wrightslaw: IDEA 2004,
 page 101
        § 1415(d)
  Procedural Safeguards
          Notice
 Is provided once a year and upon
 initial referral for evaluation,
 parental request for an evaluation,
 or filing of a Due Process
 Complaint Notice.

 Wrightslaw: IDEA 2004, page
 102
    § 1415(e) and (f)

(e) Mediation
(f) Impartial Due Process Hearing
   (B) Resolution Session (not an
 IEP meeting, nor mediation, but a
 hybrid of the two)

  Wrightslaw: IDEA 2004, page
 103-105
     § 1415(g) – (j)
  Procedural Safeguards
(g)   Appeal
(h)   Safeguards
(i)   Administrative Procedures
(j)   Current Educational Placement

  Wrightslaw: IDEA 2004,
 page 107-110
        § 1415(k)
 Placement in Alternative
    Educational Setting

 Confusing; creature of compromise


 Wrightslaw: IDEA 2004, page
 110-116
      § 1415 (l, m, n, o)


(l)   Rule of Construction
(m)   Transfer of Rights
(n)   Electronic Mail
(o)   Separate Complaint

 Wrightslaw: IDEA 2004, page
 116
   IDEA – End of Part B

Part A
     20 U. S. C. § 1400-1406
Part B
     20 U. S. C. § 1411-1419
Key Sections
     § 1400, 1401, 1412, 1414,
       1415
       IDEA 2004 Changes
           §1400-1412
Page       Section               Topic

 33    §1400 Purpose     Further Education

 37    §1401 Definitions Highly Qualified

 62    §1412 Catch-All   Priv Sch Consult

 68    §1412 Catch-All   Qualifications

 73    §1412 Catch-All   No Mandatory Meds
       IDEA 2004 Changes
             §1414
Page       Section           Topic

 84    §1414 Eval    Evals – 60 days

 88    §1414 Eval    LD Eval – no
                     discrepancy
 91    §1414 IEP     IEP – Peer Review
                     Research
 92    §1414 IEP     IEP – Course of Study

 93    §1414 IEP     IEP – Transfer Sch
                     Districts
       IDEA 2004 Changes
             §1415
Page       Section                Topic

 99    §1415 Proc Rules   S/L 2 years

101    §1415 Proc Rules   DP Complaint Notice

104    §1415 Proc Rules   Resolution (IEP)
                          Session
108    §1415 Proc Rules   Atty fees
                 Quiz
Section _____ contains Findings and
 Purposes.
Section _____ contains Definitions.
Section _____ contains state
 responsibilities and catch-all statute.
Section _____ contains Evaluations and
 Re-Evals.
Section _____ covers IEPs.
Section _____ are rules of procedure.
       Quiz - Purposes
§1400(__) Purposes.--The purposes
  of this title are--
  (1)(A) to ensure that all children with
 disabilities have available to them a
 free appropriate public education that
 emphasizes special education and
 related services designed to meet their
 _____ _____ and prepare them for
 ______________ ____________,
 ____________ and ___________
 _________; . . .
          Quiz (con’t)
Findings and Purposes of IDEA are in
   Section _____
Definitions of IDEA are in Section
   _____
State responsibilities, the catch-all
   statute is in Section _____
Evaluations and Re-Evals are in
   Section _____
          Quiz (con’t)

IEPs are in Section _____
Rules of procedure are in Section
   _____
     U. S. Supreme Court
      Schaffer v. Weast

Burden of Proof
Split Among Circuits
Mills v. Washington D.C. Public Schools
 Basis for IDEA Procedural Safeguards
 Burden of Proof assigned to school
Supreme Court History with other B/P
 cases where statute is silent
   Section 504 of the
Rehabilitation Act of 1973

Section 504: civil rights law
Purpose: to protect individuals
from discrimination
Advantages; disadvantages
Section 504 v. IDEA

 Access & Opportunity
        versus
 Access & Opportunity
           &
Appropriate Education &
   Educational Benefit
  Section 504 v. IDEA


IDEA = 504 entitlement

Sec. 504 does not = IDEA
entitlement
The child who receives Section 504
 protections has fewer rights than
 the child who receives special
 education services under the IDEA.
 The child who receives special
 education services under the IDEA
 is automatically protected under
 Section 504.
    Access v. Educational
           Benefit
Assume your child is in a wheel chair.
  Under Section 504, your child shall not
  be discriminated against because of the
  disability. Your child shall be provided
  with access to an education, to and
  through the schoolhouse door.
  Modifications may be made to the
  building and other accommodations
  may be made for your child.
          Discipline

Generally, if a Section 504 child
misbehaves and the school decides
the child‗s behavior is not a
manifestation of the disability, the
child can be expelled from school
permanently. The IDEA child has
the right to FAPE, even if expelled
from school.
  Section 504: Procedural
        Safeguards
Does not include established ―Prior
 Written Notice‖ requirement.
 IDEA includes elaborate system of
 procedural safeguards designed to
 protect child and parents. These
 safeguards include written notice before
 any change of placement and the right
 to an independent educational
 evaluation at public expense. Section
 504 does not include these protections.
  Section 504: Impartial
         Hearings
Section 504 and IDEA require school
 districts to conduct impartial hearings
 for parents who disagree with
 identification, evaluation, or placement.
 Under Section 504, the parent has an
 opportunity to participate and obtain
 representation by counsel, but other
 details are left to the discretion of the
 school district.
  No Child Left Behind
          Act
       Public Law 107-110
“There is no more powerful advocate
  than a parent armed with
  information and options.”
The Feds Don’t Give Us
      Enough $$

 What Are the Facts?
NCLB Funding – 1966-2005
IDEA Funding – 1977-2005
Federal Funding & Reading
  Facts about Reading

If children are not proficient
  readers by 4th grade, 78% will
  never be proficient (NIH)
   Reading Proficiency:
        4th Graders

 32% proficient
 68% not proficient
 35% below basic (illiterate)
Source: Nation‘s Report Card
  (NAEP) - 2005
Math Proficiency: 12th Grade


83 percent of
 12th graders
    are not
 proficient in
     math
     Science Proficiency:
          12th Grade


82 percent of
12th graders
      are
not proficient
  in science
 When We Do Not Teach
   Children to Read

― More children suffer life-long
  harm from the process of
  learning to read than from
  parental abuse, accidents, and
  all childhood diseases and
  disorders combined . . .
 When We Do Not Teach
   Children to Read
"In purely economic terms,
  reading difficulties cost our
  nation more than the war on
  terrorism, crime, and drugs
  combined." - Children of the
  Code
 Goals of NCLB: Improve
 Reading, Math & Science
Purpose: To ensure that every
 student will read at or above grade
 level or above by end of grade 3.
  (Reading First)

 Wrightslaw: No Child Left Behind,
 page 227
           Strategies
 Test reading, math every year
  (Grades 3-8)
 Use Research-based Reading
  Programs
 Upgrade Teacher Knowledge &
  Skills
   – Scientifically based reading
     instruction
   – Screen, identify & overcome
     reading problems
   Definitions: Reading,
  Research, Assessments
20 USC § 6368
Reading
Scientifically based reading research
Screening, Diagnostic, Classroom
 Based Reading Assessments

  Wrightslaw: NCLB pages 241-
 242
 Essential Components of
   Reading Instruction
20 USC § 6368(3)
 Phonemic awareness
 Phonics
 Vocabulary
 Fluency
 Reading comprehension
 Wrightslaw: NCLB pages 241
Highly Qualified Teachers
20 USC § 6319
 Undergraduate degree (minimum)
 Certification or license - no waivers
 Competent in academic subjects taught
 Principals must inform public re: highly
  qualified
 Wrightslaw: NCLB pages 199-202
    Highly Qualified Special
          Ed Teachers
 Undergraduate degree (minimum)
 Certification or license – no
  waivers
 Competent in academic subjects
  taught
 Wrightslaw: IDEA 2004,
    Definitions, Section 1401
Special ed teachers who are
 not highly qualified may . .
Consult with highly qualified
  teachers about –
 Adapting curricula
 Behavioral supports &
  interventions
 Accommodations
Special ed teachers who are
not highly qualified may . . .
 Help students learn study &
  organizational skills
 Reinforce instruction from highly
  qualified teachers in core academic
  subjects
       Paraprofessionals

 2 years postsecondary education &
  associate degree, or
 HS diploma & pass skills test
 May not teach ―except under direct
  supervision of a teacher―

     Wrightslaw: NCLB page 199-202
    Parent’s Right to Know
        Qualifications
    20 USC 6311(h)(6)
   Major, certification, degree
   Emergency waiver, provisional status
   Qualifications of paraprofessionals
   Taught 4 + wks by teacher who is not
    ‗highly qualified‘
 Wrightslaw: NCLB page 150
      Parental Options &
           Choices
Goal: No child trapped in a failing school
Low-performing schools must -
 Offer public school choice
 Pay for supplemental services: tutoring,
  remediation
 Pay for transportation
 Notify parents of school choice,
  supplemental services
   Grade Retention &
   High Stakes Tests

Confusion reigns!

What does law really say?

 Wrightslaw: NCLB, p. 160
  Should Students with
Disabilities Be Included in
     State & District
   Assessments (High
     Stakes Tests)?
  For the answer, see
1412(a)(16) in Wrightslaw
  IDEA 2004 (page 69)
"We know how to educate all
 children, including those with
 disabilities – if we have the will to do
 so.‖
"The question is not whether students
 with disabilities can learn to
 proficiency – it is whether we have
 the will and commitment to make it
 happen." – Testimony of Dr. Martha
 Thurlow, Director, National Center on
 Educational Outcomes
      NCLB at Wrightslaw

 Articles – how law affects you
 Research-based Instruction
 Law, Regs, Guidance Pubs
 Information directories
 Flyers, fact sheets, handouts
www.wrightslaw.com/info/nclb.index.htm
   Tests &
Measurements
      &
the Bell Curve

  Revisited
    Descartes (1644)

―If something exists, it exists in
  some amount.‖

―If it exists in some amount, it is
  capable of being measured.‖
         Actual Evals

 WISC and T Scores
 IQ Scores
     Diane’s Question

I know my son‘s IEP is not
appropriate.

The IEP teams‘ goal for him is
‗Commitment to academic success‘

I think ‗Commitment to academic
success‘ would be appropriate for
any student.
If ‗Commitment to academic
 success‘ is not an appropriate
 goal, what should I propose?

I need to find good IEPs so I can
  construct a model.
How are measurable goals and
objectives defined?

Where can I find a model for a
well-written IEP?‖

(Email from Diane, parent of 15-
year-old special education student)
 Before Diane Can Write
  SMART IEP Goals . . .

She must be able to measure the
child‘s knowledge and skills - what
the child knows and can do.
Questions:
  Where is child functioning now?
  What does child need to learn for
 employment and independent
 living?
         Helen Keller

 Anne Sullivan targeted what?
 In what order?
 What skills must be mastered for
  the best chance to prepare the
  child for further education,
  employment and independent
  living?
              Bell Curve
               Review
                    mean
       -2SD    -1SD    0 SD   +1SD
+2SD




      70        85    100     115
130
Bell Curve: Subtest Scores
     -2SD   -1SD   0 SD   +1SD
 +2SD




      4      7     10       13
 16
      2%    16%    50%      84%
     Woodcock Johnson
      Standard Scores
            1/90   5/91   10/92   6/95

 Reading     97    94     90      78
 Writing     87    92     91      84
 Arith      115   105     97      95
 Mean       100   100    100     100
     Woodcock Johnson
      Percentile Ranks
            1/90   5/91   10/92   6/95

 Reading    42     34      25      7
 Writing    19     30      27     16
 Arith      84     63      42     37
 Mean       50     50      50     50
Graph: Woodcock Johnson
    Standard Scores
120

100

 80
                                          Reading
 60                                       Writing
                                          Arith
 40                                       Mean

 20

  0
      Jan-90   May-91   Oct-92   Jun-95
Graph: Woodcock Johnson
    Percentile Ranks
90
80
70
60
                                  Reading
50
                                  Writing
40                                Arith
30                                Mean
20
10
 0
     1/90   5/91   10/92   6/95
Graph: Woodcock Johnson
   Percentile Ranks -
        Reading
45
40
35
30
25
20                                Reading
15
10
 5
 0
     1/90   5/91   10/92   6/95
Graph: Woodcock Johnson
Percentile Ranks - Writing
 30

 25

 20

 15                                Writing
 10

 5

 0
      1/90   5/91   10/92   6/95
Graph: Woodcock Johnson
 Percentile Ranks - Math
 90
 80
 70
 60
 50
 40                                Arith
 30
 20
 10
 0
      1/90   5/91   10/92   6/95
       Graph: W-J % Rank
      Three dimensional bar


100                                                Reading
 80                                         Mean   Writing
 60                                                Arith
                                        Arith
 40                                                Mean
                                  Writing
 20
                              Reading
 0
      Jan- May- Oct-   Jun-
       90   91   92     95
 Graph: W-J Line % Rank
  Three dimensional line



                                                       Reading
100                                             Mean   Writing
                                                       Arith
                                        Arith
                                                       Mean
50                                Writing
                              Reading
 0
Jan-90 May-91 Oct-92 Jun-95
     Bell Curve: Review

 68% / 2 = 34%
 50% + 34% = 84%
 50% - 34% = 16%
 50% + 25% = 75%
 50% - 25% = 25%
 Top & bottom 2 SD = top &
  bottom 2%
          SMART IEPs
 Specific
 Measurable
 Action Words (Be Able to . . . )
 Realistic and Relevant
 Time Specific

     FETA, Chapter 12
            Specific
 Specific, not broad and intangible
 Describe outcome
 ―Lose weight‖ or ―Lose 10 pounds
  in 10 weeks as measured by
  scales.‖
     Measurable
Measure skills & knowledge

Norm Referenced

Criterion Referenced
         Action Words
 After child acquires skill, what will
  he be able to do?
 Independent person can observe
  behavior, product, & agree that
  skill acquired.
 Specific criteria that independent
  observer will agree upon.
    Realistic & Relevant
 Realistic – Shannon Carter‘s IEP
 Relevant to child‘s unique needs
 Relevant to purpose of IDEA:
  ―. . . Prepare for further education,
  employment and independent
  living.‖ 20 U. S. C. § 1400(d)
      Time-Limited
By December 15, 2005, child will
be able to touch type a passage of
text at a rate of 25 words per
minute with no more than five
errors on a 5 minute timed test.
        “Have a Better
          Attitude”
State of being, not measurable nor
  observable
From overt observable behaviors, we
  infer that ―attitude‖ becomes worse or
  improves
Circumstantial evidence, observable
  behaviors and statements, leads
  observer to infer change in attitude
Is the Goal Measurable?


Can you count it or observe it?

 What do you see the child
 doing?
IEP Checklists & Tutorials


      Download from -
 www.cesa7.k12.wi.us/sped
 CESA No. 7, Green Bay, WI

1st place: Best School Website
Contest
      IEP Books

  Writing
Measurable
IEP Goals &
 Objectives
by Barbara
 Bateman &
Cynthia Herr
     IEP Books


Improving Instructional
        Results
    by Robert Mager
 Children with Autism
 Spectrum Disorders

 How Well
 Does Your
IEP Measure
    Up?
  by Diane
 Twachtman-
    Cullen
     Answer to Diane’s
         Question

  Remember Diane‘s question about
―Commitment to academic success‖
  as a goal in her son‘s IEP?
Earlier today, you heard Diane‘s
questions about IEP goals.

Diane knew ―commitment to
academic success‖ was not an
appropriate goal, but didn‘t know
what to propose.
You know that ―commitment to
academic success‖ is not an
appropriate goal because it focuses
on an attitude or state of being
and cannot be measured
objectively
Pete’s Answer
Read Chapters 10 and 11 in FETA 3
 times;    learn about standard scores,
 percentile ranks, subtest scores.

Read Chapter 12 about SMART IEPs.

Do the Homework Assignments at end of
 chapters
Diane’s Response

 I went through my son‘s file to find test
 scores.

 The evaluation report has a narrative
 description, but no scores to use as a
 frame of reference.
I have no idea how to interpret
what is reported.

 Maybe this has been the problem
all along – I don‘t know where I
started from, can‘t measure where
I‘m going, or how I‘m doing along
the way.
Pete Answers

  If you don‘t know where you
 started, and how many miles to
 the next waypoint, it‘s hard to
 know how far you‘ve come, how
 far you have to go, if you are
 moving forward or backward, or
 when you arrive.
    Crisis! Emergency!
            Help!
 Typical presenting problems
 Names, dates of birth change
 Facts remain the same
 What should you do?
Nothing!
          First Steps

Do not polarize conflict
Keep your child out of middle
Think tactics: How can I get school
 to provide what my child needs?


 FETA – chapter 7
          Co nflict!

Special ed law
 makes conflict
 inevitable

 Why?
              IDEA
Empowers parents as ―equal
  partners‖
Joint Task: To develop plan an
  ―appropriate‖ education that
  provides educational ―benefit‖
Responsibility: school to implement
  plan
    Six Reasons for Conflict
 Different views of child – deficit model
 Lack of accurate info
 Lack of options
 Hidden issues
 Feeling devalued, lied to
 Poor communication, intimidation
 FETA – Ch 6
         “The System”
Power of ―School Culture‖ - Alessi
Impact of Roles, Beliefs, Myths
   We are the Experts
   Parents are the problem
Low Expectations
Bureaucracies: Rigid, Inflexible
 FETA – Ch 4, Rules of the Game
         School Obstacles
   One-size fits all thinking  One-
    size fits all programs
    – All children learn same way
    – Educate all children same way
Research doesn‘t translate into
 effective practices
 FETA – Ch 5
Parent Obstacles
           Sadness
           ―Guilt Hormones‖
           Overwhelmed
           Angry
           Defensive
           Blamed
      You Have Two Goals

   To resolve the problem

   To protect the relationship

(Marriage without the possibility of
 divorce!)
     New Regulation!
Parents may no longer testify at
their due process hearings because
they are:
 – Biased
 – Lack Educational Expertise
 – Are Emotional
 – Want what is Best!
       Rule of Adverse
        Assumptions
Think about a natural disaster – a
 devastating F4 tornado.

 This tornado will not hit today or
 tomorrow

 The tornado WILL hit within 2-4
 weeks of today!
       Rule of Adverse
        Assumptions
When the tornado hits, you and
 children will be at home – you
 cannot leave.

How will you prepare? What steps
 will you take tomorrow, next week,
 to ensure that you survive?
          Rule of Adverse
           Assumptions

 Assume Litigation
 Assume you will start the fight
    – proactive v. reactive
    – offense v. defense
        Rule of Adverse
         Assumptions
 Assume all school staff will testify
  against you
 Assume Hearing Officer is adverse
 Assume you cannot testify


 FETA, Ch 21
          No new rule!

Parents may testify, but . . .

 they must prepare as if they
 cannot.
Question: How can you get quality
 services for your child and avoid a
 due process hearing?

Answer: Prepare for a due process
 hearing.

Why?
 When you prepare, you
increase odds of settlement.

If the case does not settle, you
increase the odds of prevailing.
80% Hazards of Litigation
         Rule
Assume automobile accident, no
 personal injury, damage to
 property only, amount of damage
 fixed
What is settlement value?
  Outcome Prediction in
       Litigation
Facts Control Outcome? True or
 False
Law Controls Outcome? True or
 False
Which?
            Neither
Facts and law do not control
 outcome, they simply get you onto
 the playing field, they get you into
 the Courthouse.

Question: What does control
 outcome?
Whether the decision-maker (the
person with power) wants to rule in
your favor.

If the decision-maker wants to rule in
 your favor, s/he will find facts and law
 to support the outcome, even if this
 means taking facts out of context or
 finding exceptions to the law
  Lessons Learned in
      Litigation

 U. S. Supreme Court
Litigation Assistance Project
What Can One Person Do?

1 person = A fruitcake
2 people = A fruitcake and a friend
3 people = Troublemakers
5 people = ―Let‘s have a meeting‖
10 people = ―We‘d better listen to
them‖
What Can One Person Do?
25 parents = ―Our dea r friends‖

50 parents = ―A powerful
 organization‖

 From ―12 Things Parents Need to Know‖
 by Parent Leadership Associates

www.plassociates.org/twelve.html
 Advocacy: What Can One
       Person Do?
NH Mom‘s Guerilla Warfare: Info
 Campaign, Flyers, Free Pubs
OK Disability Law Center: Train
 parent advocates who live in rural
 communities
Train Ministers / priests / rabbis -
 go to IEP meetings w parents
    Advocacy: Feta Study
          Groups
Best way to learn a subject is to teach
  others
People who attend Boot Camps go home,
  start FETA Study groups, teach others
  (Hawaii, Alaska, OK)

Please don‘t stop when your children
  leave the system – we need your skills
  and wisdom!
   Learning to Negotiate
You negotiate every
  day - with
  spouse, kids,
  boss, co-workers,
  neighbors, friends
  -- and the school
You negotiate for
  Special Education
  Services!
            Negotiating
Single most valuable negotiating tool: Put
  yourself in shoes of people on other
  side & answer questions--
  – Perceptions: How do they see the
    problem?
  – Beliefs: What do the feel about the
    problem?
  – Interests: What do they want?
  – FEARS: What are they afraid of if they give
    you what you want?
  4 Rules of Negotiating
1. People are emotional. Emotions
  have negative impact on creative
  problem solving
2. You have two interests—solving
  problem, protecting relationship
3. In parent-school problems:
  personal relationships entangled
  with problems -- anger, bitterness
  and mistrust
4. If win-lose, relationship and issue
  are at risk
Organizing the Child’s File
 Get complete copy of your child‘s entire
  file from all sources.
 With pencil, lightly date first page of
  each document in the lower right hand
  corner
 File documents in chronological order,
  oldest on top, most recent on the
  bottom.

     FETA, Chapter 9
  Your Master Document
          List

Wrightslaw: From Emotions to
 Advocacy

       FETA, Chapter 9
     Your Roadmap:
 Comprehensive Evaluation
Psychological & Educational Testing
Includes Case history
Includes pre and post test scores
  – Report scores as SS, %Rank, GE +
   AE
      Comprehensive
        Evaluation
Describes educational program child
  needs and why
Always use the word ―Appropriate‖
Never use the word “Best”

        FETA, Chapter 8
     The Private Sector
         Evaluator
Is independent of school district
Knows child‘s disability
 Knows how child learns and needs
  to be taught (educational
  implications)
Is willing to work with school
   Paper Trails & Letters
“An oral contract isn’t worth the
 paper it’s written on.”

Examples: Logs, Journals, Calendars
Records events, conversations,
 meetings
  FETA, Ch 22
     How to Use Letters
 Identify problems & suggest
  solutions
 Motivate people to take action
 Build relationships
 Clarify decisions made and NOT
  made
 Evidence
 FETA, Ch 23
     Benefits of Letters
 Adverse Assumption: Parents
  cannot testify?
 Letters allow you to tell your side
  of story
 Letters document problems, what
  you were told, attempts to resolve
  problems
 External evidence
    “Letter to the Stranger”
 Story-telling approach; creates
  interest
 Describes problem & solution
 Creates sympathy, desire to right
  the wrong
 Be Honest: Share your fears
 What Do You Want?
 FETA, Ch 24
How to Prepare for School
        Meetings
 Timing is everything
 Organize file, read IEPs, notes
 Prepare a Parent Agenda
 Use a IEP Meeting Worksheet
 Know what you want and why
 FETA, Ch 25
    IEP Meeting Worksheet

Child’s Need      School’s   Resolved?   Start    Resp
/ Pa Request      Response               Date    Person
Reading 2 yrs
behind; needs
1:1 remediation
Handwriting at
K level; needs
OT eval; DI re:
Diana King
Keyboarding;
use manual
typewriter
Reduced
homework (no
more than 1
hr/day)
    IEP Meeting Worksheet
Child’s Need         School’s        Resolved?   Start    Resp
/ Pa Request         Response                    Date    Person
Reading 2 yrs     No. Will put in
behind; needs     small group.
1:1 remediation
Handwriting at    No OT eval.
K level; need     Will order Diana
OT eval; DI re:   King’s book
Diana King
Keyboarding;      Don’t have; will
use manual        try to find one.
typewriter
Reduced           Can’t write in
homework (no      IEP; up to each
more than 1       teacher.
hr/day
    IEP Meeting Worksheet
Child’s Need        School’s          Resolved?         Start     Resp
/ Pa Request        Response                            Date     Person
Reading 2 yrs     No. Will put in    No. If behind
behind; needs      small group.      after 1 yr, will   1/4/02    Jones
1:1 remediation                       re-consider
Handwriting at     No OT eval.
K level; need     Will order Diana        No.           None      None
OT eval; DI re:    King’s book                           set.
Diana King
Keyboarding;      Don’t have; will                                Jones-
use manual        try to find one.        No.                    report 1
typewriter                                                          mo
Reduced            Can’t write in
homework (no      IEP; up to each          No
more than 1          teacher.
hr/day)
    Post-Meeting Steps
 Write or record impressions of
  meeting immediately
 Write polite ―Thank you‖ letter
  about meeting, attach worksheet.
 If issues unresolved, request
  another meeting to continue
  discussion.
 Include info that supports your
  requests.
       Meeting Survival
         Strategies
Don‘t go alone!
How to Deal with Difficult People
Gatekeepers: Use 5 Ws + H = E
 questions
Secret Weapon: Food
Your Post-Meeting ―Thank You Note‖
Tape recording
  FETA, Ch 26
    4 Rules of Conduct

1. Listen more than you talk.
2. Ask 5 Ws + H + E questions
3. Tell your story
4. Always treat the other side
 with respect!
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 www.harborhouselaw.com
Oklahoma Yellow Pages for
          Kids

www.yellowpagesforkids.com/help/ok.htm

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 Books by Pete & Pam
       Wright
Wrightslaw: IDEA 2004

Wrightslaw: From Emotions to
Advocacy, 2nd Edition

Wrightslaw: No Child Left
Behind by Wright, Wright and
Heath
When Parents & Schools
       Disagree:
 Surviving Due Process


  Stephen
  Jeffers v.
School Board
    Putting It All Together
 Conflict Inevitable; Identify
  Obstacles
 Get a Comprehensive Evaluation
 Measure Progress Objectively
 SMART IEPs
 Rule of Adverse Assumptions
 Tactics & Strategies in letters,
  meetings
    Review, then Q & A
 Purposes of IDEA – Section #?
 20 U. S. C. § 1400-1415, what are
  the key sections and breakdown
 Evals, Re-evals, Section #?
 IEPs Code Section #?
 SMART IEP means . . .
 Bell Curve – Are you ready for
  another test?
         The End
    Peter Wright, Esq.
 Pamela Wright, MA, LCSW
       www.wrightslaw.com
    www.yellowpagesforkids.com

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