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Archive for the ‘SPED Procedural Safeguards’ Category

We are thrilled to be participating in the Behavior Analysis in Education Series (BAES) through ACES! Here is a link to the entire series. Or if you want to read more about the topics, click here. If you like what you see, click here to register.idea-logo

Dr. Olive will be presenting on Special Education Law and Ethical Issues for Behavior Analysts working in the schools.

We will be attending all of these and we hope to see you at them too! If you attend, be sure to say hello!

 

Want to read more on this topic? Try one of these blogs:

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Hi all,

I am pleased to announce that I will be conducting a free webinar  for Cigna on March 10th at 1:00pm. We will be talking about IEPs and parental rights during the process.

Please join us!

For more information, visit the Cigna website.

For more information on this topic try these previous posts:

  1. Whey they say No.
  2. Requesting an IEE for an FBA.
  3. Clients First.Always.

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Hi and welcome to Ask Missy Mondays where I take questions from readers. Today’s question comes from Judy who writes,

Hi Dr. Olive, my child’s school BCBA recently completed a Functional Behavior Assessment (FBA) for my child. The report seemed to be very detailed. However, I disagreed with the report because the BCBA did not include an assessment of my son’s scripting. The BCBA did not interview me as part of the FBA because it was a “school FBA”. I told the school that I wanted an Independent Educational Evaluation (IEE)/FBA at the school expense. Now they are telling me that they don’t have to give me an IEE because they think their FBA is good enough. Do I have any options?

Hi Judy, and thanks for writing. This is a great question and so very similar to some of the things I’ve seen happening in recent months. For example, one of my relatives requested an IEE for their child’s initial evaluation and the district filed due process against them! You can imagine how scary it is to be told that your school district is filing AGAINST  you!

I have a couple of points to address regarding your question. For my readers who are lost with all this terminology, you may read about an FBA here, learn about what to expect from an FBA here, and finally, learn the difference between an FBA and a functional analysis here.

Right to an IEE

First, if your child has an IEP, you have the right to request an IEE as long as the school completed their FBA within the past 12 months and you disagree with it. You don’t have to say why you disagree; just merely indicate you disagree.

The school does have a right to refuse the IEE by stating that their FBA is appropriate. At that point, you would have to file due process against them. I don’t recommend taking that step unless you have legal representation. Should you file due process against the school, you will need to prove why their FBA is insufficient.

I have heard of 3 different cases in Connecticut (I’m sure there are more) where the school refused to provide the IEE and so the family proceeded with a due process. In all 3 cases, the school district settled the case after the family spent precious time and resources gathering data, experts, and attorneys.

Parent Involvement in the FBA

My second point to your question is that the BCBA has a duty to involve you, the parent in the FBA. The reasons for this are twofold. First, the BACB Guidelines for Responsible Conduct require written parent permission to assess (see Guideline #3). Second, the BACB Guideline #4 requires client or guardian involvement during individual behavior change program planning.

“The behavior analyst (a) designs programs that are based on behavior analytic principles, including assessments of effects of other intervention methods, (b) involves the client or the client-surrogate in the planning of such programs, (c) obtains the consent of the client, and (d) respects the right of the client to terminate services at any time.”

If the parent disagrees with the FBA, how could the parent possibly be involved in the planning of the program? The BCBA should minimally involve the parent/guardian throughout the FBA and the BIP.

Research on Family Involvement

My third point to your question is to highlight the research on the importance of family involvement during the assessment and intervention process. For starters, including families in the process will serve to help educate parents on the assessment and intervention process. This education may then go on to reduce parenting stress (c.f., Bristol, et al., 1993; Gallagher, 1991; and Koegel et al., 1996). Second, professionals should be conducting assessments and development interventions utilizing a multicultural lens (c.f., Harris, 1996; Heller et al., 1994). Without parent involvement, cultural competence cannot be achieved.

In summary, if your child’s BCBA, behaviorist, behavior specialist, or similar completes an FBA on your child and you disagree with it, be sure to ask your team for an independent educational evaluation (IEE).

References

Bristol, M.M., J.J.Gallagher, and K.D.Holt 1993 Maternal depressive symptoms in autism: Response to psycho-educational intervention. Rehabilitation Psychology 38:3–9.

Gallagher, J.J. 1991 The family as a focus for intervention. In Handbook of Early Childhood Interventions, S.Meisels and J.Shonkoff, eds. Cambridge MA: Cambridge University Press.

Harris, S.L. 1983 Families of the Developmentally Disabled: A Guide to Behavioral Intervention. Elmsford, NY: Pergamon Press.

Heller, T., R.Markwardt, L.Rowitz, and B.Farber 1994 Adaptation of Hispanic families to a member with mental retardation. American Journal on Mental Retardation 99:289–300.

Koegel, R.L., A.Bimbela, and L.Schreibman 1996 Collateral effects of parent training on family interactions. Journal of Autism and Developmental Disorders 26:347–359.

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Hi and welcome to Ask Missy Mondays where I respond to email questions from readers who have questions about their child’s behavior. Today’s question comes from a participant in our workshop on Saturday. After reviewing Special Education Law and the associated ethical issues for practicing behavior analysts, the following question came up:

“How do we attend IEP meetings and participate without taking sides? We cannot be on the school’s side and we cannot be on the parents’ side.”

We have no choice but to turn to our “Ethics Bible” to help us answer this question. We use the Bailey and Burch (2011) “Ethics for Behavior Analysts“. We feel strongly that every behavior analyst should have this book and they should keep it out where they can easily access it (paperback is much cheaper). The book reviews the Guidelines for Responsible Conduct that were developed by the Behavior Analysis Certification Board (and to which all behavior analysts agree to follow). The book also provides illustrative case examples to help behavior analysts avoid finding themselves in sticky situations.

Responsibility to Client

In this book, you will see that Guideline 2.0 states, “The behavior analyst has a responsibility to operate in the best interest of the client.” Thus, when you attend IEP, IFSP, and other relevant meetings, your first concern belongs to the client you serve. While you may be paid by one party, any contract you sign at the outset of services, should clearly state that you have a responsibility to the client, even if it means that your professional recommendations do not align with  the party who pays your salary.

Responsibility to Other Parties

If you go on to read, you will see that Guideline 2.03 states, “The behavior analyst’s responsibility is to all parties affected by behavioral services.” Now you will see that you also have a responsibility to the parents as they are directly affected by your behavioral services. However, if you serve your client in the school setting, now you have a responsibility to the school as well. If you find yourself caught in the middle of the parents and the school, your number one priority is your client so act on his/her behalf.

Client Rights Under the Law

Finally, Guideline 2.06 states, “the behavior analyst supports individual rights under the law.” As a behavior analyst who works in schools, you have the responsibility to become educated on the laws that affect your client. You have a duty to ensure that you follow those laws and that you support your clients rights under those laws. If you do not know special education law and want to learn more, consider enrolling in one of our workshops on this topic. We will be conducting a day-long workshop at the ABA International Conference in Seattle and we will offer our webinar again in the fall.

In summary, if you find yourself stuck in the middle between parents and the school, remember, your first responsibility is to the client and then you have equal responsibility to the parents and the school team.

How many of our fellow behavior analysts have been in this position? I have to also ask, how many fellow teachers have been put in this position? Teachers, too, have responsibilities to their students. They often find it difficult to advocate for the child when they know how expensive services can be. Readers, how have you handled these predicaments?

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In the social media world, you can make many friends. Our list of Tweeps, Facebook friends, and LinkedIn folks is growing every day. Recently, we met a blogger who is a great resource for families in the special education world. Her website is The Special Education Advisor and her name is Dennise Goldberg. You can follow her on Twitter @SpecialEdAdvice. (If all of the social media is confusing to you, we wrote about how Twitter can help you.You can read it here.)

Dennise asked us to write something for her website and, well, since it is IEP season, we thought a great piece on IEP minutes would be helpful for readers.

So, instead of reading our post on our site, hop on over to hers to read it there. Look around her website and check out the resources she has available.

Thanks for having us Dennise!

Also, we linked our blog from Monday up with Bruna over at Bees with Honey. Hop on over there and see what all of her friends have to say. It is another way to meet other bloggers and blog readers.

Bees With Honey

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The Connecticut Association for Behavior Analysis (CT ABA) is tomorrow. Are you registered? Missy will be speaking on Special Education Laws and the Ethical Issues for Behavior Analysts. Rebecca will be speaking about how to use Applied Behavior Analysis (ABA) to teach social skills to children with autism.

The conference committee has lined up other great speakers too. These include Dr. Bill Heward, Dr. Richard Graff, Dr. Kathleen Dyer, Dr. Judith Ursitti, and Dr. Amy Odum. Participants will earn Continuing Education Credits plus lunch is included.

Applied Behavioral Strategies will have a booth so please stop by to see us between sessions.

Enjoy the conference!

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We posted an answer to a question yesterday. As a result, we have been contacted with additional questions leading us to realize that many of our readers are in the dark about special education services. We thought we would provide readers with some background information as well as some additional resources to put in your tool chests.

Eligibility for Special Education Services

If an individual between age 3 and 21 years of age has one of 14 diagnosed disabilities and that disability impacts that person’s ability to benefit from education, he or she may be eligible for special education services from the Local Education Agency (LEA–usually the school district).

The 14 conditions include Autism, Deaf-blindness, Deafness, Hearing impairment, Mental retardation, Multiple disabilities, Orthopedic impairments, Other health impaired (which includes ADD and ADHD), Emotional disturbance, Specific learning disability, Speech or language impairment, Traumatic brain injury, Visual impairment, including blindness, or Developmental Delay (but only up to age 9).

Developing the IEP

Once the child has been determined eligible for services, the team (including the parent/guardian) work collaboratively to develop a plan for services. This plan is called the Individualized Educational Program (IEP).

The IEP is made up of several important parts including goals and objectives, type and amount of special education services, need for assistive technology, need for behavior support, and list of related services including type and amount.

Related Services

As we discussed yesterday, the federal law lists a number of possible related services. These services include: Audiology, Counseling, Early Identification and Assessment, Medical Services, Occupational Therapy (OT) and Physical Therapy (PT), Orientation and Mobility, Parent Counseling and Training, Psychological, Recreation, Rehabilitation, School Health, Social Work, Speech Pathology, Transportation, Interpreters, and Assistive Technology.

It is important to note that the federal law specifically states that the services include those listed but that services are not limited to those listed. What does that mean…Not limited to?

Well, that means that your child may receive other services under Related Services. As we mentioned yesterday, the services are determined based on your child’s needs. Thus, the IEP should carefully document what your child needs in order to benefit from education. Some examples of other related services include:

  • Nutrition
  • Medical services that are not limited to an MD
  • Music therapy

ABA as a Related Service

And of course, our favorite related service is Applied Behavior Analysis (ABA). Yes, ABA may be listed in your child’s IEP as a related service. In fact, so many children in Connecticut have ABA as a service that the state actually has a law that will go in to effect this year related to who must supervise the individuals providing the ABA services to children with IEPs.

As we approach IEP season, make time to participate actively in the development of your child’s IEP. Work diligently to ensure that the document carefully reflects all of your child’s needs. Make certain that your child receives all of the related services that he/she (or you) need in order to benefit from education.

If you like the information here, you may find other resources on this same topic to be helpful.

 

Let's BEE Friends

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