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Transcript of Trending Topics in #SpEd Law Karen Haase Harding & Shultz (402) 434-3000 [email protected] H &...
Trending Topics in #SpEd Law
Karen HaaseHarding & Shultz
(402) [email protected]
H & S School Law
@KarenHaase
Trending Topics Child Find Predetermination Section 504 and Health Care Plans Truancy Residency Prescription Pad IEPs Describing Services Recording Meetings Bullying/Harassment
#Child Find
Child Find meets RTI Lots of new (hard) questions Federal Rule allows parents to refer
at any time School can refuse
MUST issue PWN, notice of rights, etc. Better concession to RTI is extension
upon agreement BUT MUST DOCUMENT
Cases re Child Find/RTI Austin Indep. Sch. Dist. (Tex. 2010) – 3rd grader underachieving– Neurosurgeon called principal– School initiated RTI – told grandma no
verification until completed RTI– Reading consultant’s e-mail– Student verified; grandma sued– Ct. denied relief because student
responded well to interventions
Cases re Child Find/RTI Scott v. Dist. of Colombia (2006) – Mom contacts school about ADHD
diagnosis– Agrees to “alternative strategies” – Sues for failure to identify– Ct: agreeing to interventions did not affect
the school’s child find duties– Informal agreement ≠ withdrawal of
request to evaluate
Cases re Child Find/RTI El Paso ISD v. R.R. (Tx. 2008) – Mom asks school to evaluate– School proposes SAT instead– Parent agrees, later sues for failure to
identify– Ct: school refused testing and did not
provide notice of refusal or notice of rights
Child Find (referral) Compton Unif. Sch. Dist. V. Addison (9th
Cir. 2010) – 9th grade student– “like a stick of furniture”– Colored with crayons, played with dolls
at her desk– Occasionally urinated on self – School respected parent’s desire that
child “not be pushed”
The Bottom Line Don’t close your eyes to need for
verification If a parent asks for eval and you don’t
agree, provide procedural safeguards, etc.
RTI does NOT trump IDEA Respond to parent requests for
evaluation immediately
#Pre-determination
Pre-determination
Deal v. Hamilton Co. Bd. Of Ed., (6th Cir. 2004)
Lancaster Co. Sch. Dist. 001, (Nebraska 2011)
Pre-determinationW.A. v. Patterson Joint Univ. Sch.
Dist. (E.D. Cal. 2011)• “Predetermination can be a two
way street.”M.C.E. v. Board of Ed. of Fredrick
Co. (D. Md. 2011)• “open mind, not blank mind”
Mark M. v. Hawaii (Hawaii 2011)• School refused to consider data
The Bottom Line Preparation OK Educators can have a tentative
plan Show evidence of openness to
parental input Be ready to establish parental
predetermination
The Bottom Line
#Section504
ADA and Section 504• Rehabilitation Act doesn’t define “major life activity”• Courts have used ADA; congress amended to include- Concentrating- Reading- Learning
504/Health PlansTyler (Tx) Indep. Sch. Dist., (OCR
2010) • health care plan for diabetic
students• Required to evaluate under 504
Dracut (Ma) Pub. Sch., (OCR 2010)• health care plan for peanut allergy• Required to evaluate under 504
504/Health PlansOpelika city (AL) Sch. Dist., (OCR
2010) • health care plan for diabetic
students• Required to evaluate under 504
Jan. 19 Guidance Document
Health Plan Action StepsList of all kids with health planList of all kids on medication and
what meds areList of all kids identified by parent
as having health conditionTrain school nurse!
#Truancy
Neb. Rev. Stat. §79-209If the child is absent more than twenty days per year or the hourly equivalent, the attendance officer shall file a report with the county attorney of the county in which such person resides. The county attorney may file a complaint against a person violating section 79-201 . . . or may file a petition under the Nebraska Juvenile Code . . .
Special Ed. and Truancy No health exception – 504 not a
free pass Consider changing student’s
placement Communicate with your
attendance officer
LB 933 Three choices for 20 day report• The absences are due to documented
illness • School requests additional time to
work with family• Hang ‘em high
If legal action necessary school chooses location of meeting
LB 933
#Residency
#PrescriptionPadIEPs
Prescription pad IEPMarshall Sch. Dist. v. C.D. (7th
Cir. 2010) • Student had genetic condition• Ct.: physician cannot just
diagnose an IEP
Prescription pad IEPRiverside Unified Sch. Dist.,
(SEA California 2007)• School dismissed boy from
SpEd• Private evaluation indicated
serious deficits. • Ct: school considered Doc• School’s data trumped Doc.
Team must consider ‘scripOSEP : reviewed by team,
discussed, and, if not adopted, team explains the basis for disagreement.
T.S. v. Bd. of Educ. of the Town of Ridgefield, (2nd Cir. 1993) “consider” means only to reflect on or think about with some degree of care.
Responding to Prescription pad IEP
Thank you FERPA Release“mild cross examination”
#DescribingServices
Describing Services in IEP Do NOT identify provider• Mix up para and others• “enhanced adult assistance”
Give yourself some room• OSEP: “600 minutes per semester in 16
weekly sessions” sufficient “Stock” items to consider• Ability to comply with discipline• Necessary modifications for extracurriculars
#RecordingMeetings
Recording IEP Meetings
E.H. v. Tirozzi, 735 F. Supp. 53 (D. Conn 1990)
V.W. v. Favolise, 131 F.R.D. 654 (D. Conn 1990)
B.O. v. Cold Spring Harbor Cent. Sch. Dist. (EDNY 2011)
Dealing with Recordings
Assume every phone call is being recorded
Ask at every IEP meeting – are you recording this?
Dueling tape recorders
#FERPA
FERPAL.S. v. Mount Olive Board of Ed.
(D.N.J. 2011) • Catcher in the Rye Assignment• Teacher and school psych.
liable – other school defendants dismissed
Trending Topics in SpEd
Karen HaaseHarding & Shultz
(402) [email protected]
H & S School Law
@KarenHaase