Functional Behavior Assessment: Policy to Practice

Here is my presentation from the Child Mental Health Research and Policy Conference USF.

FBA Across Sectors: Perspective on Behavior Matters

My book, School Success for Kids with Emotional and Behavior Disorders,

Amazon, Barnes and Noble, Prufrock Press

Emphasizes the importance of the adult perspective on a child's behavior.  If the adult sees the behavior as OPPOSITIONAL, the adult will treat the behavior as a POWER PLAY.  But if the adult sees the child's behavior as COMMUNICATION, the adult is far more likely to intervene by TEACHING COMMUNICATION. 

 

My testimony-Burden of Proof in Maryland

 

 

Michelle R. Davis, M. Ed.

TESTIMONY to SUPPORT SB779

February 24, 2014

 

As an education consultant with over 25 years in the field of special education, I have worked with thousands of families in Maryland—both as a consultant and as a teacher in Montgomery County Public Schools-- as they try to navigate the special education process.  Even parents with the highest level of education and experience, even some parents who also are educators, are confounded by the special education process. Parents don’t understand the child’s basic rights to a free appropriate public education, and many feel overwhelmed at the amount of information, jargon, and complexity that is common in the special education process.

 

The special education process starts with evaluations.  The child who is eligible for special education receives an Individualized Education Program (IEP).  The IEP has multiple parts required by federal and state law.  It contains statistical, assessment and other technical information.  The IEP also specifies what services, accommodations, and placement the child will receive.  The evaluations, paperwork, and actions related to the process are completed by the school team members, also called the multidisciplinary team.  The multidisciplinary team contains professionals such as psychologists, speech language pathologists, occupational therapists, behavior specialists, experts in certain disability categories, administrators, and teachers (to name just a few).  As you can tell by this list, there are usually decades of experience from multiple disciplines that make up the multidisciplinary team.  

 

While the parents are invited to attend the meetings that discuss the actions of the team, the parents have no decision making ability, the parents cannot stop the actions or recommendations of the team, and the parents do not have a ‘vote’ or voice when it comes to disagreements.  In fact, the parents must file a request for a due process hearing to stop the actions of the team.  The way the process works now, the parent has to file the request for a hearing, but the parent would not have anticipated any disagreement, so the parent is at an extreme disadvantage at that point.  Most of the time, parents simply do nothing, despite remaining concerned about the child’s education.  As time passes and parents are more disgruntled and frustrated, parents look for options.  This is when parents begin to explore alternate placements and ask the school district for funding.  If the burden of proof in hearings is shifted to the school district, I believe the number of unilateral placement in nonpublic schools would be reduced.  I am saying this because opponents to this bill have been arguing that this bill only applies to wealthy parents who can afford to unilaterally place the child in a nonpublic school.  But this is simply not the case.  

 

The school district recommends the evaluations, conducts the evaluations, makes recommendations, develops the IEP and determines the child’s services.  The school district has an almost endless supply of experts, where parents have to hire experts at great expense.  The school district develops and holds the records for the child, while the parent’s right is only to inspect the records.  The school district is responsible for providing the child with a free appropriate public education, while the parent is an observing participant in the process.  

 

A due process hearing is an extremely stressful, expensive and complicated process in itself.  It requires legal knowledge, experience and expertise.  While I am not an attorney, I have testified in hundreds of hearings and have seen many skilled attorneys present precedent, enter evidence in the record, examine and cross examine witnesses, put together opening and closing arguments and otherwise perform tasks that are well beyond a parent’s capability.  

 

This is the topic of this bill.  

 

I believe passing this bill into law will improve the parent’s ability to be an equal partner with the school team.  I believe passing this bill shifting the burden to the school district will reduce the number of disputes.  Passing this bill will remove the school districtcommon stance of ‘if you don’t like our decisions, go ahead and take us to a due process hearing’.  

 

I'll give two common examples. Student A has an individualized education plan, IEP. That student receives 10 hours per week of special education, and one hour per week of speech language therapy. The school team convened a meeting with the parents, and recommends that the child no longer receives any speech language therapy, and the special education hours are reduced to five per week.

 

Even if the parents disagree with the team's decision, the parent must file a request for a hearing or in some cases mediation, in order to stop the recommendations from going forward.

 

This places parents in a position of having to navigate a legal proceeding, which usually involves attorneys, experts, and other monetary, time, and family resources. In addition, many times this sets up a situation that compromises the partnership between the parents and the school.

 

Student B is in the fifth grade at the neighborhood elementary school. After an evaluation, the school team decides that the child will no longer be receiving a diploma. This school team recommends that the child attends a special program, which is located in a different school. Even if the parents do not want the child to change schools, and disagree with this decision, the decision will move forward unless a parent files a request for a due process hearing.

 

So, the school team makes the decisions even over parent objection. And, the school team is full of educational experts, where the parent is not an expert. In these situations where parents and school teams do not agree, especially in light of Maryland law of consent, I believe the school district should have the burden to show that its actions are appropriate.

 

The school districts know that, as things stand now, the parent has little likelihood of prevailing in a hearing.  So the school team often tells the parent who disagrees that the hearing is available. But the parents don’t have any understanding of what the hearing entails, while the school districts hire very skilled attorneys who prevail against parents the vast majority of the time.  Furthermore, the dynamic and relationship between schools and parents who have been to a hearing against one another usually declines, and affects the performance of the child.

 

If the school districts had the burden of proof, it would likely spend more time and effort in the team meeting process to assure that parents understand and agree to the decisions of the team.  

 

If the school districts had the burden of proof, it would not have to produce any added paperwork or do anything different from what it currently does, because it already has the responsibility to provide a child with a free appropriate public education.  It already has to report progress of a child and do evaluations.  So there would not be any added actions or paperwork should this bill be passed.  

 

Give parents a more equal ability to be true partners with the team, as is the spirit and intention of the Individuals with Disabilities Education Act.  Pass SB799.  Thank you for your attention and support.  

Respectfully S

ubmitted,

Michelle R. Davis, M. Ed.

 

Help! My Grandson Was Dismissed from Special Education!

Eligibility for Special Education

THREE QUESTIONS THAT ALL HAVE TO BE ANSWERED WITH A YES

Here is my answer to a concerned grandmother, on ALLEXPERTS.com.  Anyone can contact me there and get a free answer as I and the other experts donate time to help concerned educators, parents, (and grandparents).

Hi Anne, Thanks so much for reaching out to me with a great question about your five year old grandson.  As I understand your question, he went to a special educaiton preschool under an IEP, but for Kindergarten this school year, he was dismissed from special education and there was a 504 plan in place.  Now he has a new diagnosis of Dyspraxia, on top of existing diagnoses of PDD NOS and ADHD.  He is doing poorly in kindergarten, and the school district is discussing having him repeat kindergarten.  You want to know if I can suggest goals for another IEP so that he can 'get back into' special education.

"Getting back into" special education means that you would like to see him become eligible for special education.  Therefore, instead of giving you goals for a possible IEP, I would like to share information about the eligibility process.  If I have this wrong, and the IEP is being developed and you would like goals, please follow up with me with another question.

In order for a child to become eligible for special education, three (3) things need to occur.  I discuss this in great detail in a chapter of my Special Needs Advocacy Resource Book,

but I am going to summarize here.

1--The child must meet one of the 14 defined disabilities under IDEA.  Here they are:
http://nichcy.org/disability/categories

Based on what you have told me, Autism, Other Health Impairment, or another may be appropriate.

2--The defined disability must have an adverse educational affect on your grandson.  This means that he is having difficulty learning the skills or curriculum, and is not making expected progress. This seems to be the case since he may have to repeat kindergarten.

and 3--because of the disability and its affect on the child, the child must require special education.  Special education is defined as specially designed instruction to meet a child's unique needs.

It is typical for there to be an evaluation process in order to re-establish eligibility.  This can be as simple as review of information that exists, or it can be more complex and entail full and complete re-evaluation of your grandson.  The above three questions should be the focus of the evaluations.  The multidisciplinary team decides which evaluations are needed and who will do them.

Parents can have evaluations done privately instead, or in conjunction with the team.  Of course, if you are doing some private evaluations, the examiner must use the processes and procedures that the school district would use. It's useful for the examiner sometimes to participate in the evaluation discussion with the school team.  Also, if private evaluations are done, the examiner should consult in some way with the school so that he/she can speak to #2--the educational effects of the disability.

I have a service called an IEP Audit.  I would be able to craft a draft of an IEP after I review your grandson's information if you like.  But it seems to me, if I have understood the situation, the first order of business at this time should be focus on evaluation and eligibility.  Then once he becomes eligible, the IEP will be written and implemented.  It will be interesting if he becomes eligible to see if the school district treats this IEP as the initial IEP.  That would be my guess.  If so, then the parent will have to consent for special education services after the parent is sure that the document contains what the child needs.  That is also a good time to bring in someone like me, and maybe private evaluators, to review the draft and help determine if it is crafted so your grandson will benefit and recieve the appropriate services.

While I don't know your grandson of course, here are some areas that may be covered by the IEP goals:
-Reciprocal social interactions, pragmatic language, social skills, group interaction
-Following routines and school procedures
-Emotional regulation
-Fine motor or writing skills
-Attention, concentration, following directions, completing tasks, being organized

I very much hope that this response has helped you as you advocate for your grandson!  Thanks again for writing and don't hesitate to follow up with me.

I am doing a free webinar tomorrow evening, Tuesday 9 PM Eastern, 6 PM for the West Coast.  Join us!  Here is the info:  http://addresources.org/node/2304

www.abc4lifesuccess.com
Twitter @abc4success
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BLOG: http://asktheadvocateedmatters.blogspot.com/

 

Burden of Proof-3 Reasons to shift it and 3 things you can do for children

Why do I support shifting the burden of proof in IDEA hearings to schools?
My Top 3 reasons:
1. Schools write the IEP, schools determine placements, schools are full of experts, schools have resources, schools hold the records, schools control information.
2. Parents cannot stop the School's actions in the IEP meeting. Parents must request a hearing to stop an inappropriate placement.
3. Parents do not know how to effectively navigate a due process hearing, and must pay attorneys and experts. Parents should not have to compromise the child's education because they cannot afford a hearing.

Here's a great COPAA article on the topic-
http://www.copaa.org/?page=BOP

WHAT can YOU do? Top 3 actions:
1. Sign this petition.
https://www.change.org/petitions/maryland-general-assembly-support-sb-691-hb1286-and-place-the-burden-of-proof-on-school-districts-in-idea-due-process-cases-this-session

2. Testify.
In writing or in person!
Link to bills-
http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage&tab=subject3&id=hb1286&stab=01&ys=2013RS

http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage&stab=01&id=SB0691&tab=subject3&ys=2013RS
3. Call and write your representative!

Dear Delegate __________:

I am writing to ask you to support HB 1286 and SB 691. HB 1286 / SB 691 would place the burden of proof on school districts in special education due process hearings under the IDEA. Burden of proof on school districts has the support of many individuals and organizations, including the Maryland PTAs and MCCPTA.

I am asking you to support this bill because fairness dictates that school districts, not parents, carry the burden of proof in due process. As it is, parents of children with disabilities are working harder than most parents will ever know to meet their children’s special needs. Add to this the fact that these same parents are routinely outnumbered, overwhelmed, and outspent by school districts that write the IEPs, control the educational records, and employ the witnesses they call. Thus, asking parents to bear the burden of proof through an unfamiliar legal process, when many parents cannot afford an attorney, against an entire school district is too much and unfair.

I realize HB 1161 has been introduced to set up a commission to study special education access and equity in Maryland. While such a commission may prove valuable in different ways, I am concerned that the opportunity to address the inequities of burden of proof on parents will be missed, and parents will continue to bear this unfair burden. Parents cannot wait for a study to finally have burden of proof placed on the school districts - after eight years of bearing this burden, we know it’s too much and unfair. This proposed commission is not a substitute for acting now on burden of proof and putting it where it belongs, on the school districts.


Thank you for your support.

Very truly yours,

YOUR NAME HERE

NAME
ADDRESS (street, city, state, zip)
TELEPHONE #
EMAIL


P.S. If you want to send an old-fashioned envelope-and-stamp letter:
--go here: http://mgaleg.maryland.gov/webmga/frmmain.aspx?pid=legisrpage&tab=subject6
--This gives you a list of all Maryland legislators.
--Click on a legislator's name to see his/her real-world mailing address.

If you don't know what district you live in:

· go to http://mdelect.net/ ("Maryland State Archives: Who Are Your Elected Officials")

· type in your street address

· click "find"

· Voila--a list of your Annapolis senator & delegates--AND it tells you what your district number is for Maryland! (Also includes your Washington DC senator & representative, your Congressional district #, and your state governor & other top officials.)

This bill is in the House the Ways and Means Committee - Please Email These Members As Well As Your Delegates - We Want This Bill to Go to Floor for a Full Vote!

Don't Let RtI delay Services

Let RtI work for your child, but don't let it delay services or evaluation. 

What is RtI?
Response to Intervention is the name of an evidence based process for solving and addressing acadmic or behavior problems in students of all ages. The basic idea is to



School Success for Kids with Emotional and Behavioral Disorders

ON AMAZON

DOWNLOAD as PDF from Prufrock Press


Provide an intervention with fidelity
Collect data and monitor progress
Determine if changes should be made

Make the changes

FLORIDA guidance on the use of RtI

 

MARYLAND guidance on the use of RtI

I started off giving you these two links to two of my favorite state's guidances on the use of RtI, Response to Intervention.

Here are some 'red flag' phrases you may hear in a multidisciplinary team meeting that may show you that you need to use your advocacy skills and knowledge to inquire further:

What you may hear: 

"We are still under RTI for your child, so we can't do an evaluation".

Your response: 

Write a letter formally requesting an evaluation in all areas of suspected or known disability.

RtI is used to put interventions in place. RtI always involves a full team and parents.  Data monitors progress. 

Don't let the use of RtI delay the evaluation or identification of your child's educational disability.

Contact us today if you need a free consultation.  Don't go to another IEP meeting without understanding your and your child's basic rights.

Contact an expert today!

When do you need an advocate?

This informative article can help parents and educators work together in child-centered partnerships. Even during and after disputes.

"Break in Communication" from NAGC's Parenting for High Potential.

Contact me today for a free #specialed consultation. abc4success@msn.com

http://www.nagc.org/uploadedFiles/PHP/PHP_Articles/Break%20in%20Communication%20(Mar%2008).pdf

Assessment of Executive Functioning Skills

Dear Parent, Thank you so much for writing to me about your elementary school aged son with Asperger's and giftedness--he's twice exceptional.  :)

You are wondering if you should request an evaluation in the area of executive functioning at your son's upcoming IEP meeting. You'd like me to make recommendations, and your goal for him  is greater independence with specific goals in the IEP.

As you probably know, one test or data point should not be used to make decisions. Therefore, multiple ways to evaluate your son's executive functioning would be my recommendation.  I hope to break down executive functioning a bit and make some suggestions for evaluation.

But first, let me talk a bit about the timing of making a request for evaluation.  I would not wait until the upcoming meeting to make the request.  I think it's best to put your request in writing to the team, before the meeting, so that at the meeting, the team can discuss your request and give you an answer as to what the team will agree to do and how it would like to do it.

There is not one test for executive functioning. A competent psychologist would use aspects of cognitive tests and other tests to explore executive functioning. The psychologist or neuropsychologist can also give rating scales to teachers, and parents, and related service providers.  It's important to carefully consider who should fill out rating forms as executive functions can appear different in different settings. There should also be practical observations and data collection from the classroom, to determine the extent to which the aspects of EF are affecting classroom performance and to tease out what aspects of EF are affecting your son's progress or access to the curriculum.

I found this really cool slide show that breaks down the cognitive process and describes some of the formal tools that can be used to explore the EF areas.
http://www.fordham.edu/images/academics/education/hagin_consultation_center/asse

EF is commonly seen as a set of cognitive processes that affect planning, organization, emotional control, and task completion, among others.  Initiation of task, attention, gathering resources, inhibition, and memory skills can all be relevant skills for a child with problems with EFs.

Here is a very detailed and technical, but useful, course summary by Russell Barkley, a leader in the field.  It talks about pros and cons of various assessment tools among other things. 

http://www.continuingedcourses.net/active/courses/course069.php

I think these links will give you plenty of information.
Don't forget, my consultants and I at ABCs for Life Success audit IEPs, advise parents about their rights including obtaining an independent evaluation at public expense if warranted, and we make expert recommendations for how your child's "paper program" or IEP and "real life program" or school placement may be improved to better meet his needs.

My  Special Needs Advocacy Resource Book details evaluations, scores, how to interpret scores, and even has sample letters to request the evaluation.  My  School Success for Kids with Emotional Behavioral Disorders book details positive behavior interventions and the right way to do a functional behavior assessment.  Check them  out on Amazon, Barnes and Noble, and Prufrock Press.  Behavior assessment is needed to develop a proper and well-informed behavior intervention plan, which becomes part of the IEP, and can be very relevant to working with the EFs.

Again, thank you very much for writing to me on All Experts Dot Com..  I hope I have given you the information you are seeking.  I wish you all the best as you advocate for your child!

Sincerely, Michelle Davis Owner and Founder