Welcome toSES Spring 2010

FAQs on Programs for Students on the Autism Spectrum

SES Spring 2010

Overview

• Ingredients of Special Education Programs

• Methodology

• Goals and Objectives

• Placement and the LRE

• Services, Aids, and Supports

Ingredients Common to All Special Education Programs

Question 1:

What are the legal ingredients of a special education program?

Legal ingredients of special education program?

Answer 1:

• Specially designed instruction

• Related services

• Supplementary aids and services

• Program modifications or supports

Question 2:

What components of a special education program are appropriate for students with autism?

Components for students with autism?

Answer 2:• Appropriate educational components depend

on:– Type and severity of needs – Age – Grade level (e.g., preschool, elementary

school, middle/high school)• Wide-ranging behaviors/needs variety of

program components

Choice of Methodology

Question 3:

How does methodology fit in the framework of a special education program?

How does methodology fit in?

Answer 3:

• Extends to all components of educational program, not just to placement

• Choice of methodology is left to school district

• No obligation to specify particular methodology in IEP, unless necessary for student to receive a FAPE

Question 4:

Must a school district discuss or provide documentation for specific methodologies during an IEP meeting?

Discuss or provide documentation of methodology?

Answer 4:• No legal requirement to discuss or to

provide documentation• However, this does not mean school

districts should refuse to discuss the appropriateness of a parent’s requested methodology

Question 5:

When must a school district provide prior written notice regarding methodology-related requests?

Prior written notice for methodology-related requests?

Answer 5:• Denial of parent request for documentation

of methodology school district intends to use? – Notice is not required

• Denial of parent request for school district to implement particular methodology? – Notice is required

Practice Pointer

Following consideration of a parent’s requested methodology, explain how the district’s methodologies are appropriate to address the child’s unique needs. Be sure to document your response in the IEP comments or in a prior written notice letter.

Question 6:

What methodologies have courts and hearing officers found to be appropriate for students with autism?

Appropriate autism methodologies?

Answer 6:• Applied Behavior Analysis (“ABA”)

– Discrete Trial Training (“DTT”)– Picture Exchange Communication System (“PECS”)

• Treatment and Education of Autism and Related Communication-Handicapped Children (“TEACCH”)

• “Eclectic” Approach

Question 7:

Must a proposed methodology be supported by peer-reviewed research?

Supported by peer-reviewed research?

Answer: 7• Only to the extent practicable• No definition of “to the extent practicable”

– Generally means to use peer-reviewed methods to extent that such methods are available

• Decision not to use peer-reviewed methods does not automatically amount to a denial of FAPE

Question 8:

How can a school district support an “eclectic” program given the “scientifically-based” and “peer-reviewed” standards?

How to support “eclectic” program?

Answer 8:

• “Eclectic” program is supportable when:– Component parts of program are based on

peer-reviewed research; and – IEP team has determined program to be

appropriate to meet unique needs

How to support “eclectic” program?

Joshua A. v. Rocklin USD (9th Cir. 2009)• District offered a program that incorporated array of

peer-reviewed methodologies• Parents disputed offer, contending that an ABA

program was the only peer-reviewed methodology proven to be effective for students with autism

• Ninth Circuit rejected Parent’s claim and upheld appropriateness of “eclectic” program because it was:– Based on accepted principles in autism education– In conformity with best practices– Peer-reviewed to the extent practicable

Question 9:

What is the National Standards Project and does it change or otherwise impact a school district’s choice of methodology?

What is the National Standards Project?

Answer 9:• Report evaluates effectiveness of

treatment approaches for individuals with autism

• “Treatment” approaches suggests medical, rather than educational, analysis

What is the National Standards Project?

Answer 9 (cont):• Includes classification/rating system categorizing

treatments as:– Established– Emerging– Unestablished– Ineffective/Harmful

• Use report strategically when methodologies are challenged by parent and/or representative

Practice Pointer

Familiarize yourself with the contents of the report and be prepared to answer questions regarding the findings

Question 10:

Has OAH supported school districts when they refuse to offer ABA to older students?

Refusal to provide ABA to older students?

Answer 10:• Yes, OAH has found that research does not

support use of ABA for older students• A social skills program may be more appropriate

for older students to address social, behavioral, and communication needs

• But, make sure to consider individual needs on a case-by-case basis

Refusal to provide ABA to older students?

Answer 10 (cont):Corona-Norco USD v. Student (OAH 2009)• District refused to provide in-home ABA program to 13-

year-old student• District offered social skills group conducted by ABA-

trained specialists, with disabled and nondisabled students

• ALJ found:– Behaviors did not prevent access to school program– School program allowed more opportunities to interact

with nondisabled peers than in-home program– Social skills program was less restrictive

Question 11:

Must district staff have certain qualifications to use a particular methodology and must those qualifications be documented in the student’s IEP?

Staff qualifications to use particular methodology?

Answer 11:• Law requires “qualified personnel”

• “Qualified personnel” = appropriately and adequately prepared and trained, possess content knowledge and skills

Staff qualifications to use particular methodology?

Answer 11 (cont):• For students with autism, OAH has

considered education, training, and experience of school personnel

• No legal requirement to document a particular qualification in the IEP, unless necessary to provide the student a FAPE

Goals and Objectives

Question 12:

Must a school district develop IEP goals in every content area, particularly related services?

IEP goals in every content area?

Answer 12:• Every annual goal should contain corresponding

items of instruction, supports, or services to enable student to achieve those goals

• However:– No requirement to write goals for items in IEP that are

not tied to an area of educational need (e.g., transportation)

– No requirement to include goals specifically for related services (e.g., “speech and language therapy” goals)

Question 13:

Is a school district obligated to include goals in a student’s IEP which are proposed by a parent based on the recommendations of the student’s service provider?

Include parent’s/service provider’s proposed goals?

Answer 13:• Not typically

• Although the team must consider request and incorporate suggestions as appropriate

Include parent’s/service provider’s proposed goals?

Answer 13 (cont):Joshua A. v. Rocklin USD (9th Cir. 2009)• Parents agreed with District’s 14 proposed goals

but requested inclusion of 324 goals recommended by private service provider

• District refused, believing 324 goals were implicitly part of the IEP and implementation would dilute efforts to address communication needs

• Ninth Circuit supported District’s decision

Include parent’s/service provider’s proposed goals?

Answer 13 (cont):

Student v. Garvey ESD (OAH 2008)• Student received home and school-based NPA services• NPA proposed five goals addressing behavior, which

District considered but refused to incorporate• District only developed one social goal• ALJ found District’s goal to be inappropriate, vague, and

not measurable, and ordered District to incorporate four of the NPA’s five proposed goals

Practice Pointer

Make sure to document in the IEP notes that the team considered the private service provider’s proposed goals, including the extent to which any were adopted and the reasons for adopting or denying the inclusion of those goals

Question 14:

Must a school district develop home-based and school-based IEP goals if the student is receiving instruction in both settings?

Home-based and school-based goals required?

Answer 14:• No requirement to tailor goals to a particular

educational setting (e.g., home, school, or NPA)

• Can be unduly restrictive for service providers

• However, specify the educational setting in the goal if necessary to provide a FAPE

Question 15:

Do OAH decisions endorse a certain number of hours per week in an autism program as necessary for a student to benefit from his/her education?

Hours per week of autism program to benefit?

Answer 15:

• No

• No set formula or magic number of hours yields successful results for all students with autism

Hours per week of autism program to benefit?

Answer 15 (cont):Student v. Downey USD (OAH 2009)= 40-hour per week program unnecessary for FAPE• Seven-year-old student with significant needs• District offered 30-hour ABA program, divided between

home and school settings• Student contended offer was insufficient, but her experts

could not agree• ALJ concluded Student did not meet burden to show that

the District’s program was inappropriate

Answer 15 (cont):Hemet USD v. Student (OAH 2008)= 40-hour per week program necessary for FAPE• Five-year-old student with serious deficiencies in speech,

behavior, and socialization• District offered placement in kindergarten autism

program and 16 hours per week of in-home ABA instruction

• Student’s experts credibly testified that District’s program was too unstructured, with inadequate language/social interaction

• ALJ ordered District to fund Student’s 40-hour private program through end of the school year

Question 16:

When is a home-based, rather than school-based, program appropriate for a student with autism?

Home-based vs. school-based program?

Answer 16:

• May depend on student’s age and type of foundational skills needed to function in classroom environment

• “Regular educational environment”– For preschoolers, may include home setting– For school-age students, typically will be a

school setting

Home-based vs. school-based program?

Answer 16 (cont):Hemet USD v. Student (OAH 2008)• Home-based program was appropriate for

five-year-old to develop precursor skills of attention, language, self-regulation, and compliance

• District’s placement was too unstructured and methodologies were not appropriate to address serious speech needs

Home-based vs. school-based program?

Answer 16 (cont):Student v. Newport-Mesa USD (OAH 2006)• District offered three-year-old student placement in

preschool autism class with 5 ½ hour day– Six to eight students– Teacher and instructional aides trained in ABA– Included one-to-one, two-to-one, and group instruction

• Student’s 15 hours of in-home instruction would gradually taper off

• ALJ found District’s offer was appropriate because class was structured and small enough for his needs

Answer 16 (cont):Corona-Norco USD v. Student (OAH 2009)• Middle school student wanted home-based ABA

instruction• District offered a general education placement,

one-to-one aide, social skills program• District showed Student’s social skills improved,

his behaviors decreased, and he made progress on goals

• ALJ found District’s program provided a FAPE in the LRE

Question 17:

When might a general education program be inappropriate for a student with Asperger’s Syndrome?

General education program inappropriate for student with Asperger’s Syndrome?

Answer 17:

• Depends on the severity of the student’s educational needs

General education program inappropriate for student with Asperger’s Syndrome?

Answer 17 (cont):Student v. Acalanes Union HSD (OAH 2008)• Intellectually gifted 14-year-old student who had social and

communication deficits, depression, and attention issues• District offered a general education placement, with one

period/week of social skills and one period/day of pull-out instruction

• ALJ found District’s offer inadequate• Parents’ unilateral placement of Student in an NPS composed

of students with Asperger’s was a “proper alternative placement”

General education program inappropriate for student with Asperger’s Syndrome?

Answer 17 (cont):Student v. Dublin USD (OAH 2008)• 14-year-old student sought placement in a small,

structured classroom• District offered placement in general education

class for academic subjects as well as RSP, behavior management, and social skills instruction

• ALJ found District’s general education offer appropriate

Question 18:

Is a general education placement with full-time one-to-one support less restrictive than a special day class or NPS?

General education with one-to-one support less restrictive than NPS?

Answer 18:

• It depends …

General education with one-to-one support less restrictive than NPS?

Answer 18 (cont):B.S. v. Placentia-Yorba Linda USD (D.C. Cal. 2007)

= General ed. with aide not LRE• Student in general ed. working one-to-one with his

aide on a lower level curriculum• District offered a blended language arts program

including pull-out instruction in an SDC and RSP support for 90 minutes per day

• ALJ concluded that District’s proposed program offered student a FAPE in the LRE

General education with one-to-one support less restrictive than NPS?

Answer 18 (cont):R.V. v. Simi Valley SD (D.C. Cal. 2008)= NPS not LRE• Parent sought a self-contained program for students

with autism to address social and emotional skills• District offered a general education placement with

RSP services, one-to-one aide, inclusion support, social skills, and speech and language therapy

• ALJ agreed with District and found that parents’ requested placement was inappropriate because– Almost all of students in the self-contained program had autism– There were few female students – Student would not interact with nondisabled peers

Services, Aids, and Supports

Question 19:

Can placement in a language-rich classroom eliminate the need for additional speech and language services?

Language-rich curriculum eliminate need for speech/language services?

Answer 19:

• Sometimes …

Language-rich curriculum eliminate need for speech/language services?

Answer 19 (cont):Student v. Alhambra USD (OAH 2006)• Three-year-old student had needs in receptive/expressive

language, articulation, and had a speech disorder• District offered a language-rich SDC taught by a licensed

speech language provider• Parent requested speech and language therapy, but

District believed individualized services were not appropriate given his deficits in social skills

• ALJ found District’s program appropriate

Language-rich curriculum eliminate need for speech/language services?

Answer 19 (cont):Los Angeles USD v. Student (OAH 2008)• Student had moderate receptive/expressive language

delays

• District offered placement in language-rich NPS and speech and language services, but Parent was dissatisfied with amount of services

• ALJ concluded District’s offer was appropriate to address student’s speech and language needs

Question 20:

When does a student require an aide trained in a particular methodology rather than an academic or classroom aide?

Aide trained in particular methodology or academic/classroom aide?

Answer: 20

• The student’s needs should drive IEP team decision as to what type of aide is appropriate

Aide trained in particular methodology or academic/classroom aide?

Answer 20 (cont) :Student v. Garvey ESD (OAH 2008)• District offered Student an academic aide for part of

school day to assist with modifying assignments, redirection, prompting, and communication

• Parent wanted a certified ABA-trained aide• ALJ agreed with District, explaining that Student’s

challenges could be addressed by his teacher with the assistance of the academic aide

Question 21:

When are extended school year services necessary for a student with autism?

When are extended school year services necessary?

Answer 21:• Standard:

– If disability will continue indefinitely or for prolonged period; and

– An interruption in the education program could cause regression

• Making the eligibility determination:– Collect and analyze existing data

– Use a variety of resources

– Evaluate likelihood of regression and recoupment

Question 22:

When must a school district provide counseling and/or training to a parent of a student with autism?

When is parent training/counseling required?

Answer 22:• Must provide training if necessary for student

to receive a FAPE

• Student v. Pajaro USD (OAH 2007): ALJ found that district should have offered parent training because student’s parents assisted in implementation of his IEP goals in the home setting

When is parent training/counseling required?

Answer 22 (cont):• Types of training and counseling for parents of

students with autism:– Training/counseling to assist parents in understanding

their child’s needs and acquire skills to help implement educational program

– Planning and managing a program for psychological counseling

– Group and individual counseling with child and family– Counseling and guidance regarding child’s speech

and language impairment and speech and language services

Practice Pointer

Consider offering group training sessions on topics such as implementing ABA techniques at home. However, be careful not to disclose confidential student information during these sessions.

Question 23:

Must a student’s IEP specify the exact amount of time on a per session basis that the student will receive a particular related service?

Specify exact amount of time of services?

Answer 23:• Documentation of frequency and duration of a

related service typically needs to include the number of days per week/month and amount of time per session

• Flexibility may be appropriate for frequency of related service, but not for duration– But, must be to address student’s needs and not for

the convenience of service providers

Specify exact amount of time of services?

Answer 23 (cont):Los Angeles USD v. Student (OAH 2008)• District offered speech and language services “one to

five times per week, for a total of 90 minutes per week, consisting of no more than 60 minutes of direct pull-out services”

• Parent contested level of speech and language offered• ALJ upheld District’s offer:

– “By leaving the exact amount of time flexible . . . the [speech and language pathologist] could determine the amount of time Student could tolerate per session”

Question 24:

When might mental health services be necessary for a student with autism?

When are mental health services necessary?

Answer 24:• An IEP team may make a referral if it suspects the

student needs mental health services and he or she meets the eligibility criteria

• San Diego USD v. Student (OAH 2009): Social skills training, counseling, and behavioral supports may be sufficient to address a student’s needs

• Student v. Acalanes Union HSD (OAH 2008): A student’s social, emotional, and/or behavioral deficits may be sufficiently pervasive to necessitate mental health services

Question 25:

How should a school district address requests for unusual services such as service animals or music therapy?

Unusual Services?

Answer 25 (cont):• Service animals

– Do not rely on blanket prohibition– Determine whether:

• Student needs a service animal to receive a FAPE• Needs can be met with alternative services or

supports • Service animal is properly trained/certified to

address the student’s disability-related needs

Unusual Services?

Answer 25 (cont):• Music therapy

– Sometimes used to facilitate mastery of non-musical educational goals

– May help with sensory, motor, and processing skills

– Student v. San Diego USD (OAH 2006): Must show specific need for music therapy and that school district’s program is inappropriate to address student’s unique needs

Q & A

Break time!

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