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Special Education Law & Applied Behavior Analysis



in terms of the legal process of you start typically in this case a parent would probably file a complaint of some sort and then where it could end up as a full-blown drawn-out court case could you just kind of take us through some sequence of events how am I played out and also where your role is and that goes you didn't mention before that you don't provide legal counsel no so kind of clarify for us of that bigger picture and and how you're able to implement your training and how you fit into all of this sure so yeah typically a complaint will start off with their becomes a dispute nobody ever just goes in files due process which is an important message for districts because there's plenty of time to repair to mitigate to when I say repair repair the relationship to my sig mitigate is to mitigate your liability you know even if you may have made some procedural and substantive bears you know in the programming or if you know missing timelines and deadlines if there's always time to mitigate at the fix it it knows you in this case when I say you I mean case managers directors whoever's directly working with the student okay there's always time to you know to circle back and to and to make something right that may have been wrong so there's that's the important thing is that do parents just don't say oh I'm going to file the process you know there's usually awareness of it from the district you know there's usually signs you know it's disagreement with the IEP you know there's a repeated requests over the course of a couple years for a certain type of programming placement instructional methodology and it just doesn't come out of nowhere right okay and that's that's where the important part of being sensitive to that being away of that and trying to get out in front being proactive about it so you know typically that's what happens and then it gets to the point where the parent you know is speaking louder and louder typically because what the district's saying is you know we're providing an appropriate program and we feel like you'll be successful and then but the parents asking for something else parent will let it go for a little period of time but then once once a couple years go by you know sometimes a little less they'll see that it's not working and that's when the parent will really push and take a stand and say well I'm not going to sign that IEP I don't agree with that I've been asking you for this for a couple years I've been documenting it in the IEP an apparent concern section you're not addressing it and and that's where districts have have a decision to make do they give in to the parents you know do they take another look and say you know hey maybe this is something to consider and if they're able to do that and look at it in a sensible way and work together with the parents this is kind of where we start to come in a little bit and it especially if it involves behavior if it involves instructional methodology if it involves progress I've been about social skills things like that you know even bullying you know we can we can come in and take a look at that we talked today but the works of having somebody outside come into the benefits of having somebody outside come in and take a that gives parents a lot of confidence to say hey at least you know somebody's taking a look at this you know that's not directly affiliated with the distance they're bringing somebody in that's great now that person has to have a good reputation and you know has to be somebody that they feel like is independent and not tied into the district if it gets to that point you can usually put a stop to it I think that's where a lot of districts are unreasonable because parents are asking for things that aren't necessarily unreasonable their kids in a resource room they feel like that's below their level and that's the cause of the problem behaviors is because they're up here all their kids are performing at this level the kids are down here because in the room with half are engaging in problem behaviors so this child up here is kind of modeling those behaviors that's what they're exposed to you know they feel like they could be in more of a mainstream typesetting that I love a challenge more that they'll have more appropriate models okay this has come up recently a lot so to me to my question this is me why not try oh we can't do that why can't you do it well because it's you know it's almost like an all-or-nothing well this is the setting or and then we'd have to change their placement why can't you trial it why can't you probe it will collect some data yeah and and see if you go back to the parents with data after trying something and say look you know we took data on one test behavior task completion problem behaviors in that particular setting and you know we're really not seeing a drastic difference you know we in fact or maybe even seeing more more of a problem you know with task refusal with on test behavior a parent is much more likely to be receptive to that because you've actually taken the time to come up with a measure that you've developed together and collected some data on it given it some give it to give it some time and giving it some time to work and then you come back to the table and you sit down and discuss it here's what we saw here's the data if it doesn't work and this ultimately turns out the former turns out to be the most appropriate placement a parent will be okay in a lot of cases the benefit would be is that maybe they could be more successful not setting and they might you know and that could be the appropriate placement for them districts are very unwilling to try like a low-risk it does thing to do it's an outside of the but it's really not outside of the box but two districts is outside of the planets but it's like hey why not try that yeah so those are places where you can take a look at things you know sometimes what parents are asking for aren't necessarily unreasonable they just don't fit within what the district's model looks like in it and that's where I think districts have to be a little more flexible one of the it's one of the things I try to spend a lot of time with is how can we make it work you know how can we gather the mindset of it has to be a BF city and say it can be B plus C or B with a little bit of sea and so that's kind of where that process goes if that if those strategies are implemented are those are those types of assessments if you will do they really are kind of assessments or probes aren't utilized you know then the parent is very likely to go and pursue litigation once that happens you know everything kind of stops meaning that the placement that they originally agreed upon is the state foot placement and then a kids kind of in a holding pattern waiting until the outcome of the litigation now you can change a placement even have to do positive to everybody agrees you can change the IP most people don't know that you can change the IEP but everybody has it the district's hesitant to change the IEP because they're in litigation the parents has it to change the IEP because they're in litigation so what we see is we see a kid gets stuck in like a holding pattern you know I'm just waiting to the outcome of the litigation which when we years right and the same thing applies to fbas so you do an FBI you sign consent for FBA you have 60 days to do it if it's part of other evaluations you know a lot of times the way to how all the evaluations are done in work before you sit down discuss the idea anyway for the psychiatric the psychological typically take longer so you can look at three or four months before you're going to get any kind of behavior plan Robin run and what we always recommend doing is putting you know a behavior plan in place you know as a preliminary behavior plan based upon a Papa size function pending the outcome of the FBI so at least we're getting them quicker access to quality ap services and then you know and then it goes from there and you saw that today I mean these things can blow up your get your hearing dates it's not like hearings are wrapped up in a couple weeks you get a hearing date you know one month and then a month later and your second hearing date some of these go six seven eight nine you know ten years now most of their going to settle you know but with any good so in agreement you know not everybody's going to get everything that they want right you know just like when they go to mediation way yeah something out the best mediation is one in which both sides aren't completely happy right and that's what they often say so I think you know my role and our role and the role we try to train our consultants is as to how can we intervene in that process where think there's been dispute there's been some disagreement about what's appropriate for the student and the step right before there's a window right before things really get out of control with regard to litigation before a parent gets to the point where they're like you know that trust that wedge just get deeper and deeper that's the window or we like to try to intervene

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