Weekly Update
by Lynn Ahrens
January 29, 2010
Good Afternoon:
I sent the principals the following update because of some problems that we are having getting new move-in IEPs to the school psychologists.
TO THE PRINCIPALS
After much discussion with the school psychologists, I am asking for your help in a few areas.
1. If a parent requests an evaluation, please send this to me immediately. Recently, I had parents explain to me that 3 years ago they requested their son to be tested. Nothing was done. I felt very badly for the family that the ball had been dropped, and no one knew that the request had been made except a principal. SCKSEC could get in trouble for this. We have 60 school days to complete and place (or not place) a student from the time a parent requests an evaluation. The request needs to be in writing and should be addressed to me, but I would not want to split hairs in a court of law as to whom the letter is addressed.
2. When a new student or returning student enters the district, please find out if the student has an IEP. We have actually had a student exiting one of our districts and never knew the child had an IEP. Mason (state department) knew! Most of the time, parents will tell you that their child has an IEP, but sometimes they want to hide this fact. The school psychologist MUST get a copy of the IEP. We must determine:
a. if the IEP is acceptable and services can be provided as stated;
b. if a re-evaluation is needed to determine services or exceptionality;
c. when all the important dates are due.
We do not have to accept an IEP from out of state and may change an IEP from Kansas. We can’t just put a student in the special education classroom without first examining the exceptionality and need.
3. When a sped. student leaves your district, please let the school psychologist, special education teacher, and our office know. We have state reports that must coincide with your exit date and exit code. Sandy K. usually calls for the information once we know that a student has exited; however, we have carried a few students on our books for a good 9 weeks before we knew that the student had exited.
WE NEED YOUR HELP, TOO
Please let the school psychologist know as soon as you know that a student has moved in or moved out with an IEP. Let Sandy K. know, also.
Thanks.
Progress Reports and Progress Monitoring
Sending progress reports home could stem FAPE claims. In Huffman ex rel. C.H. v. North Lyon County School District, 53 IDELR 147 , (D. Kan. 2009), for example, progress reports developed for the parent of a child with autism undercut the parent's claim that the district denied the child FAPE. Noting that the student made substantial progress toward many of his IEP goals and objectives, the District Court held that the child's program was appropriate. (As you noted - This is a Kansas case.)
Progress monitoring is also necessary to ensure that the progress reports are accurate. You can’t just guess. Good progress monitoring in essential. Most of the programs used in the schools such as Reading Plus, My Reading Coach, FLRT, Aimsweb, Dibbles, etc. have progress monitoring built in and should be used at least weekly, definitely monthly. Research shows that students that see and chart their progress make more progress than those that don’t. A great way to keep us from losing a conversation (or court battle) with a parent is to have charted progress on all IEP goals.
What happens if the student isn’t making progress toward the goal(s)? Reconvene the IEP meeting and modify the goals.
Ryan and I went to the KASEA meeting this week. The news we received from the legislative liaison, Bruce Givens, was not good. He said that he has seen no movement to correct the catastrophic aid component of the special education funding. If the proposal from Vratal is successful, the money will be put in a separate fund that cannot be redistributed after the catastrophic aid has been paid. This is not the case now. He told us to start filling out the paperwork, which is significant, to get as much catastrophic aid as possible. Of course, every dollar for catastrophic aid reduces the amount we receive for categorical aid.
