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Monday, November 30, 2020

Summary of Facebook Live Q&A: School Psychology Services

 10/28/20 Facebook Live

Joanna Bivens, Special Populations & Student Supports, Director of School Psychology Services

https://fb.watch/255prw5F5D/

Jen Aprea: Hi everyone! Welcome to this week’s addition to our Q&A with the Department of Education. This week we are very excited. I will introduce myself for anyone new here. My name is Jen Aprea. I am the director of Family Engagement in Special Education for Arc of Tennessee. Since school is back and the COVID questions have trickled down. We have more questions related to what is going on in the department. We are bringing people from the Special Populations division to introduce themselves and explain their roles in the department. This week, we are so excited to have Joana Bivins. She is the director of school psychology services for the Special Populations division of the Department of Education.

Joanna Bivins: My role as the director of school psychology services has a lot of different responsibilities. Most of the time, school psychologists and school counselor.  School Psychologist is trained in the evaluation and identification of educational disabilities. They also have training in behavior planning, counselling, consultation services with teachers, academic intervention, data analysis. I also help with answering questions about special education and 504 plans evaluations and eligibility and restraint and isolation- how to help navigate the laws and regulations

 

Jen Aprea: What are the biggest changes you’re noticing in Psychology Services during the time of COVID-19? How are schools adjusting?

Joana Bivins: I think we have all been impacted in some way. The biggest issue is the completion of initial and reevaluations. We have been working with schools to develop timelines.  

 

Jen Aprea: My child is often on the honor roll ,but should still be able to receive services with him being on the spectrum. How can we get the schools to adapt to the needs of those that maybe aren't struggling so much academically?

Jonna Bivins: Yes, it is possible for a student to have services regardless of grades. That is not the primary qualification that a student quality for special education services. IDEA states that all areas must be assessed for a student when expected of having a disability. Evaluations need to address all the student’s needs even if it is not related to the disability, but the overall impact. 

Jen Aprea: We created a resource about Adverse Impact. I will post in the comments.

As a parent, what language should I use to make sure I am advocating to have my child tested for services? Sometimes it seems if the right thing isn't said my child won't be tested as fast as other children.

 

Jonna Bivins: I would just try to be clear as possible. If you think your student needs services if that is a possibility, you have the right to refer your child for an evaluation. “I want my child evaluated for special education to see if they have a educational disability because I have these concerns.” It is always good to have it documented in writing but is not required. A school team should consider this request in a timely manner without necessary delay. When they have written consent, that’s when the 60-day calendar begins. You should also get a prior written notice with the decision made. You can reach out with the school district special education supervisor, or department of education.

Jen Aprea: I also put the Prior Written notice resource in the links as well.

 

Jen Aprea: My child is in elementary school and has behavior issues. He has had a positive behavior plan written out. If he does not show improvement with the plan, what are some next steps the school may take?

Jonna Bivins: When an intervention has implemented, it often see behavior become more challenging before they improve because of change to the child’s ways and habits. It’s important to give it time to be effective even may take several weeks. After there is time and it has shown not to be effective, the team needs to decide what to go from there. This is a trail and error process to individually meet the needs of the student.

If the Behavior Plan is not being effective, here are some of the questions to discuss with the IEP team:

·        Is the plan occurring the way in which you intended it to occur?

·        Is it being consistently implemented?

·        Are we doing things as we said that we would or are there some variations?

·        Is there a way to adapt the interventions so that they can occur consistently and would potentially be effective.

·        Continue to evaluate. Do we need to try something different? Can we revise the plan and try a different strategy?

·        If a Functional Behavior Assessment (FBA) has not been completed prior to the Behavior Intervention Plan, it may be a good idea to request one. It would also be a good time to revise a FBA as well.

·        Are there any changes at home?

Open communication between school and families is key!!

 

Jen Aprea: Should students receive a comprehensive re-evaluation prior to their 18th birthday to satisfy SSI requirements?       

 

Joanna Bivins: Re-evaluations are done because of education reasons. The re-evaluation decisions are based questions that IDEA lays out includes:

·        Does the team feel like the child continue to have a disability?

·        Is there any educational needs not being addressed?

·        Do we need to look at different services, modify or add things to the IEP?

There are some different aspects about graduation. When a child graduates, there should be a summary of functional and academic performance. It’s something to pass on to those who are providing post-secondary opportunities for the student.

 

Jen Aprea: What is a Functional behavior assessment?

 

Joanna Bivins: Functional Behavior Assessment (FBA) is basically an evaluation process that has an explanation search for a purpose behind the behavior- what’s motivating the behavior. Are they trying to attain something or avoid something? Is it sensory related? It’s based on a behavioral model- looking at the whole child in every setting beginning to end, what comes before the behavior, what comes after the behavior, gathering information.

FBA’s information gathering may include interviews with parents, teacher and student, data gathering including how long, how frequent, how intense to understand how much impact there is and what is continuing the behavior. All of the information from the FBA assessment together helps us form a hypothesis. The hypothesis tells us what we think is promoting the behavior and why the child is motivated to do this behavior. The FBA and hypothesis help form an effective Behavior Intervention Plan because it is addressing those motivations in different ways.

 

Jen Aprea: What should parents or guardians do when they feel their child has behaviors that interfere with the child's learning or the learning of others?.

 

Joanna Bivins: If a child already has a IEP, it is important to see if the behavior has been addressed or need to be addressed differently. You can request an IEP meeting at any point and do not have to wait until the annual IEP Team meeting. In the IEP meeting, discuss the behaviors and discuss the impact it is having on the learning and educational setting. It is important to communicate to the IEP team those concerns and how to address them in the Least Restrictive Environment.

 

Jen Aprea: Do you have to have a Behavior Interventional Plan or FBA? Right now for my child, we are just communicating with each other.

 

Joanna Bivins: Absolutely. You can always reach out to your teacher or school counselor to see what those next steps will be. If you have a IEP and the behaviors are significant enough, it may be best to addendum to IEP. It may be a extra goal in the IEP to address the behavior instead of a full separate behavior intervention plan.

 

Jen Aprea: What is an applied Behavior analysis program? Is this method appropriate for middle school students?

 

Joanna Bivins: Applied Behavior Analysis (ABA) is a therapy and psychological learning approach to behavior. They focus on what comes before and after behavior. It is addressing through reinforcement techniques or other training techniques how to improve those behaviors. ABA is breaking down a large complex behavior into small pieces and building it to a sequence where the larger behavior is not occurred. It is a very detailed reinforcement program. This program is individualized to the student’s needs.  It depends on the student whether it is appropriate.

 

Jen Aprea: My child bites their nails constantly, should this behavior be ignored or addressed?

 

Joanna Bivins: It’s depends on multiple factors. This needs to be discussed by the IEP team.

 

Jen Aprea: When emergencies happen at school, what types of behavior interventions should be used first?

Joanna Bivins: Emergency is a student who behavior poses a threat or safety to the physical safety to the student or others nearby. If you would like to review more, Special Education Behavior Supports Act (SEPBSA) is a good resource. SEPBSA outlines responsibilities for the school system, schools, IEP teams and how to address behavior with students with disabilities or students not receiving special education services. It lays out preventative approaches for de-escalation (able to decrease behavior) and prevention. It outlines training problems that school systems may incorporate.

Summary of Facebook Live Q&A on Diploma Options

On August 19th, we had Theresa Nicholls and Alison Gauld from the TN Department of Education join us to talk about the four diploma options in Tennessee. Some parents submitted questions in advance and we will summarize her answers below. You can watch the full video at this link:

https://www.facebook.com/watch/?v=993808884373116

The video starts with introductions of Loria Hubbard, Director of Programs from The Arc TN, Theresa Nicholls, Assistant Commissioner of Special Populations for the Department of Education, and Alison Gauld, Director of Low Incidence and Autism.


Assistant Commissioner Nicholls updates on continuous learning plans (CLPs) submitted by districts.  She discusses work between stakeholders and State Board of Education on cleaning up Special Education statute.  Between November and January there will be time for public feedback.  


Loria (The Arc of TN): We have been looking at the State Department of Education website to see district’s CLP and did not see anything specific mentioned about Special Education. Can you talk some about that and what that means?

Assistant Commissioner Nicholls: The intention of the continuous learning plan is to provide a plan on how districts will proceed during virtual or in person instruction. The CLP’s make sure the 180 days required for a school year will occur whether in person or virtual. Support for students with disabilities is interwoven in each plan. The plan must meet the rubric set forth by the State Board of Education. IDEA (Individuals with Disabilities Education Act) and provisions of FAPE (Free and Appropriate Public Education) have not changed. Those expectations remain whether in person or virtual learning. The State is working with districts to make sure students needs are being met globally. Compliance with IDEA is ongoing.

Loria (The Arc of TN): If someone looks for their district’s CLP and does not see it posted on the website, what does that mean?

Assistant Commissioner Nicholls: The ones posted have been reviewed and approved in all sections of the rubric provided by the State Board of Education. Districts are at different stages. 

Loria (The Arc of TN): What are the requirements if a student wants to pursue an Occupational Diploma?

Allison Gauld: These decisions are important decisions that families and IEP teams need to make together. The hope is work is an option for all students. Work is the crux for this diploma. The Skills, Mastery, and Experience Mastery Assessment (SKEMA) is the measure indicating whether student has met the requirements for Occupational Diploma. The other requirement is two years of work experience. Work experience is purposely not defined. It can be paid or unpaid, at home, at school, or at a place of employment. Work can be any number of hours per week. Allison gives examples of how some work experiences may look at home. There is a webpage on the Occupational Diploma and there is a Secondary Transition Page. The SKEMA can be found on these pages. https://www.tn.gov/education/student-support/special-education/special-education-secondary-transition.html

Loria(The Arc of TN): What is the difference between the Alternate Academic Diploma and the Occupational Diploma, and how does one know which is the best fit for a person?

Allison Gauld: Tennessee has four diploma options. The Regular Diploma is the starting point for ALL students. Along the way, data may indicate this is not the right pathway for a student. Use the data to scaffold back, if necessary. The Alternate Academic Diploma is another option. This is an academic program for students with the most significant disabilities. Students must be participating in the Alternate Academic Assessment (MSAA). There is a 1% participation threshold for this diploma statewide. It is a 22 credit academic diploma. Unlike the Regular Education Diploma, special education services do NOT terminate upon receipt of the Alternate Academic Diploma. The next diploma is the Occupational Diploma. It is focused on practical work. The Occupational Diploma and Alternate Academic Diploma may be combined. The fourth option is the Special Education Diploma. This diploma is for students whose disability has impacted them to such a degree that the other diploma options are not a fit. Students receiving this diploma are honored for working on skills such as communication and self-advocacy.

Assistant Commissioner Nichols: There is a lot of hard work going on in districts. The work will have an impact on our students with disabilities. We appreciate the opportunity to hear from the field. It is insightful information that allows the Department to make informed decisions.

We hope this summary is helpful. For more information on the four diploma options in Tennessee, you can click on this resource: https://fespedtn.blogspot.com/2019/09/diploma-options-in-special-education-in.html

Summary of Facebook Live Q&A: Postsecondary Readiness and Transition

 9/23/20 Facebook Live

Martina Stump, Postsecondary Readiness and Transitions Coordinator

https://www.facebook.com/watch/?v=454630252178705

Martina Stump is the Postsecondary Readiness and Transitions Coordinator. She works with the Special Populations Division Department of Education. The goal of her department is to improve transition outcomes for youth and young adults with disabilities. Martina provides guidance about transition planning that will assist families and students in helping figure out the next steps after graduation.

Covid 19 has caused many changes with transitions. Martina encourages educators to think outside the box when it comes to incorporating life experiences with students. Postsecondary Readiness and transition looks different this year. Students are now required to wear mask in the work site. Now students participate in virtual job fairs. They also participate in on-line job shadowing.  All normally in person courses that are required should be able to be accessed online or in person. In order to help students prepare for transition between high school and beyond, early planning is essential. Preparing for transition can begin in elementary school. Encourage your child to be involved and self- advocate for themselves. Parents should make sure they adapt the work skills taught at school in the home as well.

Check out this link, http://transitiontn.org  This link connects you with information about training and resources on preparing students with disabilities for life after high school. The site has a section for students. It includes free video based lessons, ideas, resources and much more.


Choices After High School

 Students have several choices after their high school graduation.  These choices apply to students with and without disabilities.  Students will make choices regarding

·        Higher Education

·        Employment

·        Transportation

·        Independent Living

·        Community Involvement

In this post, we will discuss opportunities for higher education for students with disabilities in Tennessee.  Continuing education after high school may improve academic skills and various skills needed for independence and self-advocacy.

Types of Higher Education

Higher education is education students receive after they complete high school.  This education may take place at a community college, a four-year university, vocational-technical school, a two-year program at a four-year university, or job training through Tennessee Rehabilitation Center (TRC).  The options available to students with disabilities will be largely determined by the diploma(s) they have received at the end of their high-school career.

Planning for Higher Education

Planning for education after high school is an important step.  If students are pursuing an academic option at a four-year university, whether they are choosing the four-year degree program or two-year certificate option, families will need to consider the cost.  Families may meet with the high school counsellor to discuss TN Promise obligations, scholarship options, and FASFA deadlines.  The same rules apply for vocational-technical schools.  Start reviewing locations and classes offered prior to high school graduation.  If job training through TRC is a consideration, meet with a Vocational Rehabilitation counsellor to discuss assessments needed and courses of interest.  The amount of personal support needed may need to be considered for some students living on or off campus.

 

Rights and responsibilities change after High School

Student rights and responsibilities change after high school.  After high school students are no longer supported by the Individuals with Disabilities Education Act (IDEA).  Colleges offer accommodations but the student will need to meet with the Disability Services department to determine what accommodations will be needed.  Two-year programs at four year colleges offer modified curriculum.  These courses are certificate courses, not degree courses.

 

 

Disability Disclosure in College

Students may receive accommodations in college.  However, they will need to self-advocate for needed accommodations.  Under IDEA schools were responsible for identifying the supports needed by students.  After high school, students are responsible for letting the school know what supports they will need.  Students will not receive accommodations unless they advocate for themselves.

 

Communication in College

Communication in college is the student’s responsibility.  The school is not responsible for assuming they know how to best instruct the student.  It is never too early for students to start self-advocating.

 

College fairs and tours are offered for students and families to see campuses and learn more about daily life offered by a campus.  Students may also be interested in participating in job-opportunities and extra-curricular opportunities on campus, as well.  Ask questions during your visit!

 

Additional Resources

http://tnihealliance.org

https://transitiontn.org/college-application-supports/

Wednesday, November 25, 2020

What if I Disagree with my School's Evaluation?


What if I Disagree with my School’s Evaluation?

If your child receives special education services, you have probably had this experience. The school will set up an evaluation to decide if your child is eligible for services. They will get your consent first, then meet with you to go over the results and develop and IEP if your child has been found eligible. Once every three years this cycle repeats. But what if you disagree with the results of the evaluation? In this resource, we will go over the steps you can take if you feel that the results of the evaluation don’t accurately reflect what you know to be true about your child. 

1.   First, make sure you look back at the consent form (Prior Written Notice) the school sent you when you agreed to have your child evaluated. They should have let you know all of the tools/assessments that would be used to gather data. Were those tests enough to show your child’s strengths and/or needs? Did you get results in the form of an evaluation report for all of those assessments?
2.   Set up a meeting to speak to your child’s IEP Team. If you have all the evaluation reports, but you still don’t feel they are accurate, express your concerns and ask for more information. You may want to ask questions about the evaluations that were used, and the team may be able to give more insight about how the data helped them determine your child’s needs. If you still disagree with the results, let them know specifically what you don’t think is right. You may be able to come up with other solutions for services and supports that will help your child succeed by talking it out.
3.   If you have outside evaluation results, you can share them with the team. The school does not have to accept the results of outside assessments, but they do have to consider them.
4.   If you still feel your child is not accurately reflected in the school’s evaluation results, write a letter to request additional testing. Be specific about what areas you think need addressed. The school may not agree to conduct more tests, but it is good to have this in writing.
5.   If you still don’t agree with the school’s evaluation, you have the right to request an Independent Educational Evaluation (IEE). Read more about IEEs below. An IEE must be requested in writing. You can use the example below to help you write your letter, just copy the letter and paste it into a word document and fill in the blanks with your information.

(Today’s Date)  

Your Name  
Street Address  
City, State, Zip Code  
Daytime telephone number  

Name of Special Education Administrator  
Name of School  
Street Address  
City, State, Zip Code  
(Special education director’s name),  
My child, (child’s name), is in the (__) grade at (name of school). S/he recently received a special education evaluation.  
I received the evaluation reports on (list the date). I do not agree with the results.  
I am requesting that my child be independently evaluated in the following areas:  
(List areas you want the independent evaluation done in.)  
Please provide me a list of independent evaluators in the area so I can make arrangements for the evaluation to take place. I also need a letter stating that the school system will be paying for the evaluation to take with me when I take my child for the evaluation. 
If you have questions, please feel free to contact me at (your phone number). I look forward to hearing from you about this request by (give a date five business days out). Thank you for your help. 
Sincerely,  
Your name 
 
An IEE is an Independent Educational Evaluation that is conducted by a professional that the parent chooses, who does not work for the school. If the school agrees to provide an IEE, the school system pays for it. If the school does not agree that an IEE is necessary, they must file for a due process hearing to show that the evaluations they’ve already conducted were appropriate.

WHAT THE LAW SAYS:

Independent Educational Evaluations
34 CFR § 300.502

General
As described below, you have the right to obtain an independent educational evaluation (IEE) of your child if you disagree with the evaluation of your child that was obtained by your school district. If you request an independent educational evaluation, the school district must provide you with information about where you may obtain an independent educational evaluation and about the school district’s criteria that apply to independent educational evaluations.

Definitions
Independent educational evaluation means an evaluation conducted by a qualified examiner who is not employed by the school district responsible for the education of your child.
Public expense means that the school district either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to you, consistent with the provisions of Part B of the IDEA, which allow each state to use whatever state, local, federal and private sources of support are available in the state to meet the requirements of Part B of the IDEA.

Parent right to evaluation at public expense
You have the right to an independent educational evaluation of your child at public expense if you disagree with an evaluation of your child obtained by your school district, subject to the following conditions:
1.   If you request an independent educational evaluation of your child at public expense, your school district must, without unnecessary delay, either: (a) file a due process complaint to request a hearing to show that its evaluation of your child is appropriate; or (b) provide an independent educational evaluation at public expense, unless the school district demonstrates in a hearing that the evaluation of your child that you obtained did not meet the school district’s criteria.
2.   If your school district requests a hearing and the final decision is that your school district’s evaluation of your child is appropriate, you still have the right to an independent educational evaluation, but not at public expense.
3.   If you request an independent educational evaluation of your child, the school district may ask why you object to the evaluation of your child obtained by your school district. However, your school district may not require an explanation and may not unreasonably delay either providing the independent educational evaluation of your child at public expense or filing a due process complaint to request a due process hearing to defend the school district’s evaluation of your child.

You are entitled to only one independent educational evaluation of your child at public expense each time your school district conducts an evaluation of your child with which you disagree.

Parent-initiated evaluations
If you obtain an independent educational evaluation of your child at public expense or you share with the school district an evaluation of your child that you obtained at private expense:
1.   your school district must consider the results of the evaluation of your child, if it meets the school district’s criteria for independent educational evaluations, in any decision made with respect to the provision of a free appropriate public education (FAPE) to your child; and
2.   you or your school district may present the evaluation as evidence at a due process hearing regarding your child.

Requests for evaluations by administrative law judges
If an administrative law judge requests an independent educational evaluation of your child as part of a due process hearing, the cost of the evaluation must be at public expense.

School district criteria
If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the school district uses when it initiates an evaluation (to the extent those criteria are consistent with your right to an independent educational evaluation).
Except for the criteria described above, a school district may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.

"Say Dyslexia" Law

  In 2016, the Tennessee legislature passed a law that is also referred to as the “Say Dyslexia” law. The law requires schools to screen for...