Transition Planning for Students with Mental Health Issues

Posted on March 12, 2014 by Micki Moran
  • Transition services must begin at age 14.5 in Illinois.An image of some step stones in the ocean
  • Transition planning is an integral part of the student’s IEP.
  • The IEP team develops the transition plan.
  • Student must participate and be invited to any transition planning meeting.
  • The IEP team should consider the following: vocational training, post-secondary education, employment, independent living and community participation.
  • Must be coordinated set of activities oriented toward producing results.
  • Are based on the student’s needs and must take into account their interests and preferences.

Transition Services Defined:

  • Transition Services means a coordinated set of activities for a child with a disability that is designed with a results oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-secondary education, vocational education, integrated employment, continuing and adult education, adult services, independent living or community participation.

The Transition IEP:

  • State the student’s post-secondary goals (what he or she hopes to achieve after leaving high school).
  • Be broken down into IEP goals that represent the steps along the way that the student needs to take while still in high school to get ready for the post-secondary life after graduation.
  • Describe in detail the transition services that the student will receive to support his or her achievement of the goals. (e.g. mobility training, job shadowing).

Domains of Adulthood**IEP should include planning in each of these areas:

  • Post-secondary education.
  • Vocational education.
  • Integrated employment.
  • Continuing and adult education.
  • Adult services.
  • Independent living or community participation.

Specific Activities for the IEP Team to Consider:

  • Instruction.
  • Related Services.
  • Community experiences.
  • The development of employment and other post-school adult living objectives.
  • If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation. *Evaluations may be necessary in other areas as well.

Guardianship:

  • Disabled adult can’t drive.
  • Cannot force medication, hospitalize or residentially place.
  • Making bad decisions doesn’t necessarily lead to a guardianship.
  • Powers of Attorney or Mental Health Declaration are more limited but may be the best way to help a young adult with mental health issues.

Transition IEP Tips:

  • Start early.
  • Determine and write on the IEP who will be responsible for doing what tasks.
  • Agree on timelines for completion.
  • Develop measurable goals/learn to distinguish between a hope and a goal.
  • The school will not do all of this for you. You as a parent must take charge of planning.

Decide Where You Want to End Up:

  • Diploma-When?
  • Vocational.
  • Post-Secondary.
  • Independent Living-timing.

Transition Goals:

  • Measurable.
  • Accurate present levels of performance.
  • Realistic.
  • Data Driven.
  • Identify who will be responsible for implementing the goals.
  • How are we going to get there?
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What are the Common Core Standards and its Relationship to Students with Disabilities?

Posted on March 10, 2014 by Micki Moran

Common Core ChalkboardThe Common Core Standards articulate rigorous grade-level expectations in the areas of mathematics and language arts. The standards identify the knowledge and skills students need in order to be successful in college and careers.

Promoting a culture of high expectations for all students is a fundamental goal of the Common Core State Standards. In order to participate with success in the general curriculum, students with disabilities, as appropriate, may be provided additional supports and services such as:

  • Instructional supports for learning, based on the principals of Universal Design for Learning*, which allows for students to have access to information presented in a variety of formats and affords students with disabilities to express what they know in a variety of ways.

Examples of Common Core Standards:

In IEPs, the inclusion of assistive technology can make access to the general curriculum and the Common Core standards more available to students with disabilities.

CCSS.Math.Content.3.OA Operations and Algebraic Thinking

CCSS.Math.Content.3. Represent and solve problems involving multiplication and division.

CCSS.Math.Content.3.OA.A.1 Interpret products of whole numbers, e.g., interpret 5 x 7 as the total number of objects in 5 groups of 7 objects each.

  • Multiplication sentences (Third grad – E.1)
  • Relate addition and multiplication (Third grade – J.7)

Third Grade Language Arts

  • CCSS.ELA-Literacy.RL.3.1 Ask and answer questions to demonstrate understanding of a text referring explicitly to the text as the basis for the answers.
  • CCSS.ELA-Literacy.RL.3.2 Recount stories, including fables, folktales, and myths from diverxe cultures; determine the central message, lesson or moral and explain how it is conveyed through key details in the text.
  • CCSS.ELA-Literacy.RL. 3.3 Describe characters in a story (e.g. their traits, motivations, or feelings) and explain how their actions contribute to the sequence of events.

Having attended multiple IEPs this year, it is my concern that the school districts are including the Common Core standards simply because they must, and that the actual instruction bears no relationship to these standards.

*UDL is defined as a “scientific valid framework for guiding educational practice that (a) provides flexibility in the ways information is presented, in the ways students respond or demonstrate knowledge and skills, and in the way students are engaged; and (b) reduces barriers in instruction, provides appropriate accommodations, supports, and challenges and maintains students skills.”

Resources:

www.corestandards.org

http://www.isbe.net/common_core/

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Starting the School Year off Right

Posted on August 8, 2013 by Micki Moran

Pad of Paper & PenTen Ideas for Making a Successful Start:

  1. For students with complicated needs, or in transition (e.g. new school), agree to meet a month after school starts to assess how things are going. This should be a short meeting of less than an hour if possible.
  2. Agree on an agenda for the above meeting or any meeting.
  3. E-mail only on important issues. Be sure that e-mails aren’t all negative. This goes for schools as well as parents. Nothing ruins a parent’s evening quicker than the “do you know what your kid did today?” message.
  4. E-mails should be short and not attempt to summarize the entire history of the world. Anything serious merits a phone call. Do not e-mail every day.
  5. Keep the tone in any communication professional and not personal. Don’t fire off an e-mail you will later regret. Sleep on it if you must.
  6. Identify a point person for most, if not all, communications. Communicate with that person only.
  7. If that person isn’t responsive talk to their supervisor, principal, or special education director regarding the issue.
  8. Don’t wait until a small concern becomes a big problem. (e.g. incomplete homework)
  9. Keep a record of your communications with the school, any significant events, etc.
  10. Maintain a sense of humor. It helps.
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Special Education Law: Residency

Posted on August 7, 2013 by Micki Moran

B. [9.3] of The Illinois School Code: Front Door

Residency Considerations

Residency standards for special education students are established in Article 14 of the School Code. These standards govern “in all cases where special education services and facilities are provided.” 105 ILCS 5/14-1.11b. The special education residency provisions of the School Code are as follows:

The resident district is the school district in which the parent or guardian, or both parent and guardian, of the student reside when:

  1. the parent has legal guardianship of the student and resides within Illinois; or
  2. an individual guardian has been appointed by the courts and resides within Illinois; or
  3. an Illinois public guardian has been appointed by the courts and resides either in the home of the parent or within the same district as the parent; or
  4. an Illinois court orders a residential placement but the parents retain any legal rights or guardianship and have not been subject to a termination of parental rights order. 105 ILCS 5/14-1.11

For Divorced Parents:

As far as residency determinations for special education students whose parents are divorced or separated, the School Code states:

In cases of divorced or separated parents, when only one parent has legal guardianship or custody, the district in which the parent having legal guardianship or custody resides is the residential district. When both parents retain legal guardianship or custody, the resident district is the district in which either parent who provides the student’s primary regular fixed night-time abode resides; provided, that the election of resident district may be made only one time per school year. Id.

If the parent or guardian resides outside of Illinois, the parent or guardian is responsible for making arrangements to pay the Illinois school district serving the child for the cost of the educational services provided to the student. Id.

The resident district is the school district in which the student resides when:

  1. the parent has legal guardianship but the location of the parent is unknown; or
  2. an individual guardian has been appointed but the location of the guardian is unknown; or
  3. the student is 18 years of age or older and no legal guardian has been appointed; or
  4. the student is legally an emancipated minor; or
  5. an Illinois public agency has legal guardianship and such agency or any court in this State has placed the student residentially outside of the school district in which the parent lives. 105 ILCS 5/14-1.

In this era of scarce resources, school districts are vigilant regarding residency. A number of districts employ retired police officers to investigate and monitor residency issues. This is not an issue schools take lightly.

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Special Education: On Recording an IEP Meeting

Posted on August 2, 2013 by Micki Moran

A common question in my office relates to whether parents should record IEP meetings or other meetings with the school district. My answer is almost always an unconditional no. I realize that other attorneys may give different advice on this issue but some events recently have made me feel compelled to write a blog entry on this topic.

Over the years, parents have come to me with “recordings” of their IEP meetings and wanted me to listen to them. For the most part, the recording was incomprehensible, it was impossible to know who was speaking and the conversation was stilted and unhelpful. I have also found that there is no surer way to get everyone to stop talking than to announce that you will be recording their every word. Schools have traditionally also arranged to tape the meeting when this happens. However, no real exchange happens. People simply quit communicating.

Finally, I would be remiss if I failed to mention an aspect of Illinois Law, known as the Illinois Wiretapping Law. This law is a two-party consent law. Illinois makes it a crime to use an eavesdropping device to overhear or record a phone call or conversation without the consent of all parties to the conversation. The law defines an eavesdropping device as “any device capable of being used to hear or record oral conversation or intercept, retain or transcribe electronic communication whether such conversation or electronic communication is conducted in person, by telephone, or by any other means.” 720 Ill. Comp. Stat. 5/14-1, 2. You must get consent before recording any conversation. In addition to the criminal penalties, you can also be sued civilly for damages. This includes I-pads, pens that act as a recorder, phones or any device capable of recording.

Take away:

  • Don’t tape.
  • If you do, you must get consent prior to doing so.
  • If you don’t get consent, you are violating the law.
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Reflections on Late Summer

Posted on August 1, 2013 by Micki Moran

Watering flowersI am never in a back to school mode until after Labor Day. It is a by-product of growing up in an era when school didn’t start until after the 1st of September and the last few weeks of August were treasured for the fleeting days of summer. School seems to start earlier each year and what used to be a quiet period during the summer for my office is also part of bygone days. Summer is anything but quiet. Schools may be closed but as all of our parents know, disability doesn’t take a summer vacation. This means that for parents and many children with disabilities the struggle goes all year. Summer becomes the time to gear up for the next hurdle with the school or to play catch up with skills that will be needed for the next grade. This week,  having realized that I was about to miss summer entirely, I determined to do something fun every week for the next three weeks. I too remember when my own son was being tutored while his friends were swimming or otherwise doing something other than school on a hot August day and I committed to enjoy summer and remember how quickly they pass.

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Mediation in Special Education

Posted on July 11, 2013 by Micki Moran

MediationRecently, I was asked to do an in-service for the mediators who are appointed by the Illinois State Board of Education. My co-presenter was a well known school district attorney. The purpose of the training was to discuss suggestions and reflections on what elements made for a successful mediation. Interestingly enough, the other attorney and I had very similar suggestions. I think they are worth mentioning since many parents are unrepresented in mediation. For a discussion on the difference between mediation and a resolution session, you can refer to the ISBE website. http://www.isbe.state.il.us/spec-ed/

  • Mediators are not hearing officers. They cannot force either party to agree or make a decision. They are there to facilitate the process.
  • This is not a hearing.
  • Prepare a brief summary of your concerns. It is best to identify and prioritize the most important issues rather than to spend a lot of time discussing every possible problem you have encountered with the district. Keep it simple and short (15-20 minutes). Stick to the facts and try not to make it personal.
  • Be prepared to state what you want from the district.
  • Be prepared to listen.
  • The mediator will establish ground rules for each of the parties during the mediation. (e.g. allowing each person to speak, not interrupting).
  • Know in advance what  you are willing to compromise on. Generally in mediation no one gets everything they want.
  • A mediation agreement is a binding document. If either side refuses to sign the agreement then it will be unenforceable.
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Private Placements

Posted on July 10, 2013 by Micki Moran

cloudThe Fourth of July is over and summer always seems to move into fast forward. There is little down time despite school being out of session. Unfortunately the issues of children and teenagers with disabilities aren’t confined to the nine month school calendar. While always a constant in our office, this summer the requests for private residential placements by parents of students with disabilities, particularly those with mental health issues, have been constant. In our office, there seem to be many more requests for residential placements with each passing year. Parents fighting for residential placements often face many hurdles to achieving that goal. What is necessary if you are going to take on the fight with your school district to get a residential placement? Over the years, I have found that the cases where this is either won at a hearing or in a settlement share the following common elements:

  • Expert testimony (e.g. psychiatrists, psychologists) who can describe and document the need for this level of restrictive setting.
  • Demonstrated lack of progress academically and in other areas.
  • A time line of repeated less restrictive interventions.
  • Often (although not always) multiple hospitalizations.
  • Well organized documents including hospital and treatment records.
  • A demonstrated effort to work with the school district.
  • An attorney who is knowledgeable in special education law.
  • In Illinois, it is often easier if the parents are seeking an ISBE approved residential placement.

In a hearing, the parent must demonstrate that the residential placement must be primarily oriented toward enabling the child to obtain an education. Courts applying the standard look at such factors as “whether the child was placed at the facility for educational reasons and whether the child’s progress at the facility is primarily judged by educational achievement.”

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School Administrators Propose Change to Due Process System: Interesting IDEA?

Posted on May 2, 2013 by Micki Moran

To educateRecently the American Association of School Administrators proposed a drastic change in the system known as “Due Process Hearings”. The change suggested would follow a model already underway on a voluntary basis in Massachusetts and would involve a “consultant IEP” drafted by an impartial person familiar with special education. The consultant is paid by the state and neither party would be obligated to follow the recommendations. Under this proposed model, neither parents not district would relinquish their right to a due process hearing but would agree to first try to follow the consultant IEP for a certain period of time before proceeding to a  hearing.

As an attorney who represents only parents, this model has some appeal. The costs associated with due process are very high and out of reach for most families using a private attorney. The costs to the school are also substantial and this model would keep increasingly scarce dollars from lawyers and be used for student services. This would potentially offer a solution that each side can live with. By the time parents are at the point of due process, there is often a high level of conflict between the family and the district. Ideally, the addition of a neutral person who functions in a more direct way than a mediator would assist in reducing conflict and getting buy in from both sides. Presumably,this consultant would be neutral. Depending on their credentials, I anticipate that parents would be cynical about a “school person’s” preexisting bias.

An alternative to the existing inefficient, costly and largely school biased due process system is worth considering. However, the problem is not that the due process system is broken but that the larger special education system fails many children and fails to prepare them for life after school.

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The Cost of Getting What You Need: Many Children Left Behind

Posted on April 30, 2013 by Micki Moran

wealthThis is my 17th year in this area of practice-notably special education law and other disability related areas of law practice. While I have always done a considerable amount of pro bono work, the need in recent years has been overwhelming. What has always been true, since we opened our doors, is that obtaining access to special education and other services, including access to legal representation, can be costly and out of reach for many families. Not that I needed to be reminded of this fact since it is a daily issue in the office. We must pick and choose those pro bono cases and reject others since this is a private law practice and there is a need to keep the doors open and our families fed. Parents seek out our services to assure that their children are getting what they need to be as successful as they can be given whatever challenges they face. This can cost a lot of money, not simply in legal fees, but in the hiring of experts, therapists, and time to pursue the services needed. Regardless of the parents’ income, it can be an exhausting and endless pursuit.

Today I read an opinion piece from the New York Times entitled “No Rich Child Left Behind”. The article pointed out that more affluent parents are increasingly focusing their resources-their time, money and knowledge of what it takes to be successful in school-on their children’s cognitive development and educational success. The article wasn’t focused at all on special needs children but on the increasing disparity between opportunities available for rich and poor children in this country. That access can make all the difference in ensuring educational success. This is particularly true for children with disabilities.

In my special education practice this is very evident. Children from affluent suburbs spend every available hour in remedial programs or therapies outside of school paid for with good insurance policies or their parents’ money. Many families come to me with a host of reports from several outside therapists in addition to the interventions their child receives at school. They are seeking to close the gap or at least keep the achievement gap from swallowing their child whole. Some are simply trying to help their child and family survive in the face of a devastating diagnosis. This income disparity may provide help to parents but it doesn’t keep tragedy from striking families in the form of autism, severe mental illness or life threatening physical problems. It simply makes it slightly easier to access help and services. Typical students of higher income families, as the article points out, are able to access opportunities that will assist them on the road to success.

The article is worth the read and to grab a few sound-bites wouldn’t do justice to the complexity of the problem facing the growing educational disparity between children of upper and lower incomes.

New York Times, 4/29/13, Sean Reardon

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