Special Education Leadership Network

Meeting

April 10, 2008

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

HOW TO AVOID “PREDETERMINATION” CLAIMS

Jim Walsh

Walsh, Anderson, Brown, Schulze & Aldridge, P.C.

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.

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).

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.

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.”

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.”

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.

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)

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.

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.

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 _________________.

VI Caseload Issues for

Region XIII

Debra Leff

Indicator 7Recording Entry and Exit

Data

Brenda Bush

Access to General Curriculum Initiatives

Stephaine Camarilla

Amy Nichols

Access to General CurriculumNew 2008-09 Initiative

Resource Redesign

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

New Initiative 2008-09

Bundled Workshops/CoachingDiscovering Learning DisabilitiesData Analysis Technical AssistanceSecondary Cohort GroupSurvey

Resource Redesign

For more information, please contact:

Amy S. Nichols, Ph.D.

Amy.nichols@esc13.txed.net

512.919.5160

EIS Funds Data Collection

Shirley Sanford

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

TEA’s Informal Survey What specific issues are you

targeting and what actual activities are being conducted related to the above targeted issue?

TEA’s Informal Survey What EIS student identification

and data collection processes does the LEA use?

TEA’s Informal Survey What methods does the LEA use

to track EIS funds?

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

2008-2009 Planning

Stephaine Camarilla

Planning 2008 - 2009

Survey

• SPP Indicators• State Rate• Regional Rate• ESC Services/Products

– Professional Development– Technical Assistance– Educational Products– SELN

• Legend

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

Survey Results

• Results will be shared at the May SELN Meeting

Thank you for assisting us

with the survey!

TCASE Update

Martie Rodriguez

Announcements &

To Do List

Shirley Sanford