Download - Special Education Leadership Network Meeting
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Special Education Leadership Network
Meeting
April 10, 2008
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Agenda Welcome and Celebrations Legal Update VI Case Load Issues for Region XIII Indicator 7 – Recording Entry and Exit Data Access to General Curriculum Initiatives EIS Funds Data Collection 2008-2009 Region XIII Sped Conference 2008-2009 Planning To Do List
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HOW TO AVOID “PREDETERMINATION” CLAIMS
Jim Walsh
Walsh, Anderson, Brown, Schulze & Aldridge, P.C.
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Where Does This Come From
• In 2004, the 6th Circuit held that a school district in Tennessee had violated IDEA by “predetermining” certain issues discussed at an IEP Team meeting.
• Ever since then, parents in litigation with school districts have frequently made the same argument.
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Deal v. Hamilton County Board of Education
“The facts of this case strongly suggest that the School System had an unofficial policy of refusing to provide one-on-one ABA programs and that School system personnel thus did not have open minds and were not willing to consider the provision of such a program….The clear implication is that no matter how strong the evidence presented by the Deals the School System still would have refused to provide the services. This is predetermination.” 392 F.3d 840 (6th Cir. 2004).
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Three Years Later….
• Courts recognize that “predetermination” is not the same thing as “preparation.”
• It is OK to prepare.
• It is not OK to predetermine.
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H.B. v. Las Virgenes USD
• This 9th Circuit case from 2007 provides the best analysis.
• “Predetermination occurs when an educational agency has made its determination prior to the IEP meeting, including when it presents one placement option at the meeting and is unwilling to consider other alternatives.”
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More….
• “…a school district violates IDEA procedures if it independently develops an IEP, without meaningful parental participation, and then simply presents the IEP to the parent for ratification.”
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Is This OK?
*Before the meeting, the school decided that the student should be brought back from a private school to public school.
*The school had a longstanding plan to move the student back to the district.
*At the meeting, the district called for a discussion of the transition back to public school.
*There was no discussion of alternatives.
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What the Court Said
“This establishes that the School District desired that the student return to a public school and believed that its proposed placement was appropriate. It does not, however, necessarily establish that the School District was unwilling to consider other placements.”
H.B. v. Las Virgenese USD, 48 IDELR 31 (9th Cir. 2007)
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Is the ISD a Human Being?
• Notice that the court speaks of the district as if it were a person.
The School District had a plan…The School District assumed…The School District desired….The School District was unwilling…The School District must maintain an open
mind…and be willing to consider alternatives.
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The Challenge
• The challenge is to run your ARDC meetings so that a neutral observer could review the records (minutes, other paperwork) and conclude that the district had an open mind.
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Examples
• “The Team discussed ___ possible placements and the pros and cons of each.”
• “The chair asked the parents what alternatives they would like the Team to consider.”
• “The Team agreed to __________ in response to parental input.”
• “The parent said _____ and in response, the Team decided _________________.
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VI Caseload Issues for
Region XIII
Debra Leff
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Indicator 7Recording Entry and Exit
Data
Brenda Bush
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Access to General Curriculum Initiatives
Stephaine Camarilla
Amy Nichols
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Access to General CurriculumNew 2008-09 Initiative
Resource Redesign
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Big Picture Thinking
How can we best support Districts and Charter Schools as they examine how students access the general education curriculum?
Instructional LevelSystems Level
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New Initiative 2008-09
Bundled Workshops/CoachingDiscovering Learning DisabilitiesData Analysis Technical AssistanceSecondary Cohort GroupSurvey
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Resource Redesign
For more information, please contact:
Amy S. Nichols, Ph.D.
512.919.5160
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EIS Funds Data Collection
Shirley Sanford
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TEA’s Informal Survey 12 LEAs in ESC Region XIII
added EIS funds in 2007-2008 WEB SAS application
TEA is seeking informally through the ESCs information for the following three questions
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TEA’s Informal Survey What specific issues are you
targeting and what actual activities are being conducted related to the above targeted issue?
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TEA’s Informal Survey What EIS student identification
and data collection processes does the LEA use?
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TEA’s Informal Survey What methods does the LEA use
to track EIS funds?
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2008-2009 Region XIII Special Education Conference
Hold the Date: October 15, 16, 17 Committee of 5 – 6 people Meet at lunch at SELN Meeting on May 8 Decide where, times, etc. Set future dates in fall for planning agenda Who would be interested in volunteering
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2008-2009 Planning
Stephaine Camarilla
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Planning 2008 - 2009
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Survey
• SPP Indicators• State Rate• Regional Rate• ESC Services/Products
– Professional Development– Technical Assistance– Educational Products– SELN
• Legend
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Instructions• Identify the “Who” for 2008-09
• Identify the “How” for 2008-09
• Using the legend, identify the group that you determine should receive the services and/or products listed in the column headings
• Prioritize the Top 3 – Please rank 1, 2 and 3
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Survey Results
• Results will be shared at the May SELN Meeting
Thank you for assisting us
with the survey!
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TCASE Update
Martie Rodriguez
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Announcements &
To Do List
Shirley Sanford