Family Resource on Restraints and Isolation in Special Education

 

If you've ever wondered about how the law defines the use of restraints and isolation in relation to the Special Education Behavior Supports Act, we're here to help.

Physical Holding Restraint is the use of body contact by school personnel with a student to restrict freedom of movement or normal access to the student's body.

 

Isolation or seclusion is the confinement of a student alone in a room with or without a door. The student is unable to leave the area. 

 

An emergency is a situation where a student’s behavior is a threat to the physical safety of the student or others around them.

 

When is Physical Holding Restraint allowable? Restraint and isolation may be used in an emergency situation only. An emergency situation is defined as a situation in which “a child's behavior poses a threat to harm themselves or others.” 

• Example of an emergency situation: The student is repeatedly punching a glass window with the intent to punch through the glass.  
• Example of a non-emergency situation: The student lifts a computer and throws it on the floor. 
  

What is the policy on notifying parents after a restraint or isolation incident?

If school personnel impose restraints or isolations in an emergency situation, the student’s parent or guardian shall be told orally, or by written or printed communication, the same day the isolation or restraint was used. If a parent is told orally, they should still be given a copy of the written restraint/isolation form.

Can restraint and/or isolation be written into the IEP on a student’s BIP?

Yes, the IEP team can discuss to write restraint and/or isolation into a student’s BIP. It is important to remember that restraint and isolation are for emergency situations only and are not instructional strategies.

Special Education Behavior Supports Act: 

Special Education Behavior Supports Act (SEBSA) outlines tasks 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 to prevent the behavior and how to decrease behavior. It outlines the training issues that school systems may incorporate. 

Facts You Need to Know:

·       If a school is in an emergency situation the school will contact the trained personnel that is trained in isolation and restraint. After the intervention, parents or guardians should be notified. 

·       If the IEP plan does not provide any use of isolation or restraint and the school personnel has to use isolation or restraint, the IEP team must meet within 10 days following the isolation or restraint. 

·       The school personnel should tell the principal about the incident of restraint or isolation. Another school personnel should be an observer and should monitor the safety of all involved. 

If you have any questions or concerns about this topic, please reach out to specialeducation@thearctn.org.

How to Make the Most of Virtual Learning

 

2020 has been a challenging year for everyone, but one of the hardest hit populations have been students. With schools switching back and forth between in-person and remote or some version of a hybrid, students with IEPs have had it particularly rough. As a parent, it’s hard to watch your child struggle, but we often wonder what we can do or say to make things easier, especially during a pandemic. The Family Engagement Team at The Arc TN has pulled together some tips and resources that you can use to help get you and your child through this year.

Important things to Remember:

·        The Individuals with Disabilities Education Act (IDEA) is a Federal Law and has not been changed or waived in light of COVID-19. Your students still have the right to a Free and Appropriate Public Education (FAPE). https://fespedtn.blogspot.com/2020/11/breaking-down-idea.html

·        If a school district is providing remote or virtual learning opportunities, the FAPE is required to make sure students with disabilities are able to fully access those opportunities: https://fespedtn.blogspot.com/2020/06/

·        Participation in all educational opportunities provided by the school is important. If the educational opportunity provided for your child does not work for them, document that and tell the school so they can figure out another plan.

·        Keep detailed notes about how the student is being impacted. CLICK HERE for a weekly guide to tracking your child’s progress. Always keep everything in writing.

·        Open communication between you and the teacher is key!! 

·        If a teacher is trying a new strategy, it may be best to implement the strategy at home, too.

Here are some questions to consider:

·        What are the educational options, choices, opportunities, and participation for students WITHOUT disabilities?

·        How many hours of a week is instruction being provided?

·        How is instruction being provided?

·        Is homework being assigned?

·        Are students with disabilities being offered the same instruction and education option, opportunities, choices, activities, and supports as students without disabilities?

Questions to ask yourself about students with disabilities:

·        How will the students be tested to determine the outcomes for students with IEPs and 504 plans are assisting students in reaching their goals?

·        Will the students have accessibility to all learning materials (print and digital) and technologies, enabling students with disabilities to access curricula with assistive technology?

·        Does the school have personnel and guidelines in place to ensure that students’ IEPs and 504 plans are appropriately reviewed, revised, and updated in partnership with parents and guardians, as scheduled during the year, whether remote or in-person?

·        Are general education, special education, assistive technology, and education technology staff prepared to collaborate to ensure that every learner with a disability continues to learn and make progress in the least restrictive environment?

If the student with disabilities is not being offered the same instruction, here is a list of steps for parents can take. Parents can take any approach they prefer. But this is a good recommendation for the order you could try.

·        Address the issue with your child's teacher

·        Request a meeting of the IEP team to address the issue

·        Contact the Special Education Director at your school district about the issue

·        Reach out to the Department to speak to a complaint investigator Heather Anderson at Heather.Anderson@tn.gov and she will work with you to try to resolve this informally

·        File an administrative complaint with the Department of Education

·        Request mediation from an outside party

·        Request a Due Process hearing https://fespedtn.blogspot.com/2020/06/since-shortly-after-schools-closed-in.html

 

If you have any questions about the services your child is receiving in special education, please feel free to reach out to our team at specialeducation@thearctn.org.

Summary of Facebook Live Q&A: Special Education Updates

 9/2/2020 Facebook Live

Theresa Nicholls, TN Dept of Education, Assistant Commissioner of Special Populations

https://fb.watch/2gOWDdHCI8/ 

On this listening session with Theresa Nicholls and Jen Aprea, they spoke on expanding the Wednesday Q&A to include other professionals within the Department of Education to answer other important questions in different areas. Theresa gave update regarding the Reopening Toolkit. Feedback from many people were addressed and included in the toolkit. A supplement FAQ document is on website for further information. Advocacy community meeting has also resumed virtually. Jen spoke on establishing a Special Education Network Advocacy Groups that consists of multiple advocacy groups across the state is being developed to come together in a listen session that is more locally, or topic based. This group is open to local organizations and Advocacy groups that that works with school age children with disabilities and have insights on issues or experiences in schools. Group is designed so everyone can have a voice at the table to sharing any issues families are facing, and how we can work through that. If interested you can sign up using link: https://www.surveymonkey.com/r/LWMVYZ2?fbclid=IwAR0SbfrRpM6C1rCUjp0NOG1NTF-h3VgTWgDl0DIvahp90g_BQPVwJnf-ym4

Today’s Questions:

1.     Q: How can online learning be accessible to students with disabilities such as dyslexia or blindness?

 A: Accessibility feature is federally required so parents and educators are encouraged to take advantage of those features.  Check your setting to see which ones is offered: i.e. Screen reader, jaws, chat features, read aloud. The department is aware of the importance of this and therefore the technology grant fund was giving to districts for technology needs.

2.     Q: Should IEP team meet to add a plan in case of school closure again due to COVID?

A: IDEA doesn’t require a contingency plan, but it is a good idea to plan ahead for issues such as this. This can  prevent any delay in instructions by touching base and connecting with the case manager, and IEP team on what the plan can look like , especially if something will look different ( I.e. Change of services, change of accommodations) If changes must be agreed upon by the IEP team.

3.     Q: Is closed captioning required for virtual learning, and if the school district does not offer close captioning on virtual learning, what do you do?

A: District are required to provide the needed accommodation for student to have access to the general curriculum. Close captioning is one way to do it but there are other options that serve the same purpose/same accessibility. Schedule an IEP meeting to speak on concerns, what your child has been able to access, what’s been helpful, what hasn’t been helpful. This is always your first step, but procedural safeguards are in place to help you through the steps to resolving a situation.

4.     Q: If I feel like my district is not following the CLP, what can I do?

 A: CLP is a continuous learning plan  that the districts are required to submit to the department based on the state board rules that requires the department to review and approve plans to ensure students receive instructions throughout the course of the school year regardless if in-person, virtual, or some hybrid model.. The plans are made publicly through the district website or the department of education website. If you feel your individual child’s needs are not being met, reach out to your case manager to see how the implementation of the CLP will affect your child.

5.     Q: What is the timeline/deadline for receiving the contingency learning plan?

A: Districts are using different terminology for learning plans. It communicates to parents how the student will receive the services/instruction, no change of services is made.  An example may be if a child was previous provided services from 10-1030 in person, service may now be from 9-9:30 on Zoom. This is a line of communication with the parents to address the mode the services will be provided. A contingency plan is if changes need to be made to the IEP itself. There isn’t a requirement to how the services will be received, but the district strongly encourage communication with parents, case managers.

6.     Q: Should I add a requirement in my child’s IEP if there has always been an aide in the class to assist, but not always. 

A: If your child needs inclusion support to access curriculum, it should be documented in the IEP. If your child was benefiting from support of an aide that may have been provided to other students and now without it he/she is not being successful, then yes his needs should be reflected in his IEP and that would be a good cause to requesting that meeting.

7.     Q: Metro wants to put decision to parents to go virtual or brick and mortar on prior written notices, Is that the correct place?

A: It is a great way to document the parent choice, it is not an IEP decision. If it is relevant to the child’s education, there is nothing wrong with documenting in the prior written notice

Resource Link on Tips to address a concern: https://fespedtn.blogspot.com/2020/06/

Special Population Toolkit link: https://www.tn.gov/.../health.../Special%20Populations.pdf

FE Family supplement resource link: https://fespedtn.blogspot.com/2020/08/special-populations-reopening-toolkit.html?fbclid=IwAR3_WXiHdFTosF_H2tQtlqDN3xzItSjnMREFkwOBGGTFJdUr2yjleNiRQwo

Diploma Options Training by The Arc Tennessee

 

This presentation explains the 4 Diplomas (Regular, Alternate Academic, Occupational, and Special Education) for Tennessee high schools. This is for parents and educators to understand more about the Diplomas and to choose which one works best for the student! Watch and Enjoy!

If you'd like to view or bookmark the PowerPoint slides for later, click here.

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.