Special Education Law Blog by Micki Moran

FAQ: What are the factors that schools and/or hearing officers consider when recommending or ordering a therapeutic day school?  Parents and/or schools should be prepared to demonstrate that the school considered and implemented reasonable interventions and supports to attempt to make the mainstream placement work.

FAQ: What are some of the examples of interventions a school should demonstrate that it has implemented?  This is best illustrated by example. Clearly a data driven Functional Behavioral Analysis and a Behavior Intervention Plan are the cornerstones of this effort. Additionally, the student may be provided with a paraprofessional, smaller classes, and a revised IEP with supports.

FAQ:  What behavior will warrant a discussion or recommendation of a therapeutic day school?  Typically, schools look at several factors. Is the student’s behavior negatively impacting their learning or the learning of others? How much time is being spent that is detracting from classroom time for that student or his or her classmates dealing with the behavior? Are the interventions working? Is the student making academic progress?

See, Hiawatha Sch. District No. 426, 58 IDELR 269 (SEA IL 2012)

1. Keep a journal. I am not suggesting a long narrative detailing every aspect of your child’s school experience, but a simple highlight of those things that seem relevant. (e.g. length of time it takes for homework, changes in attitude, struggles with a subject.)
2. Communicate with your child’s teachers. If they are in the upper grades identify and agree on a point person. The nature and frequency of the communication is dependent on the needs of the child. A weekly email is optimal. This should be a checklist rather than a narrative of each and every detail.
3. The communication should be short and simple. Avoid daily or very frequent, long or angry emails.
4. If you need a response, set a date for a reply that is reasonable. If the matter is urgent, pick up the phone.
5. Get in the habit of using a binder or file where all records, evaluations, IEP’s and other school records are kept.
6. Prioritize what must get done this semester/school year. Take inventory at least 4 times a school year making use of data, grades, your child’s attitude toward school, to make sure you are moving forward.
7. Let the school know when things are working as well as when they are not. They are likely to hear your concerns with a more open mind.
8. If the issue cannot be addressed in a short email then a meeting may be necessary. Ask for a meeting.
9. All meetings should have an agenda of talking points. This is a joint effort between school and home and should be developed collaboratively. If the district isn’t willing to do that, you should bring your agenda to the meeting. The district’s refusal to address your concerns should be documented in the minutes of the meeting.
10. Keep your eye on the big picture.

For those of us who work in the area, this recent New York Times article didn’t seem like new news. An August 7, 2012 New York Times article reported that “Students with disabilities are almost twice as likely to be suspended from school as non-disabled students,” with the highest rates among black children with disabilities.
The Center for Civil Rights Remedies at the University of California, Los Angeles, conducted the study.

The study found that 13 percent of disabled students in kindergarten through 12th grade were suspended during the 2009-2010 school year compared with 7 percent of students without disabilities. The rate was much higher among black children: one out of every four was suspended at least once that school year. In Illinois, the rate was close to 42 percent compared with about 8 percent for white students.

Suspensions Are Higher for Disabled Students, Federal Data Indicate