How to advocate to reverse a change of placement? child with iep on 1/2 day of school-chg back to full day?

Question

change of placement for half days due to continued behavioral issues not directly related to iep (defiant, distrubes class, aggression). Had 21 referral told half days was only option and would be back on full days provided that behavior improved. 1/2 days aren't working- still displaying same behaviors at school and on bus. What other options are available besides 1/2 days? Scheduled meeting with iep team on Wednesday-please help me to prepare/advocate

Answer 1

You can actually revoke consent to the current IEP. This happened recently to me in an IEP where the advocate revoked consent to the current agreed upon IEP and stated that the previous agreed upon IEP would be in effect. This is the first and only time I have witnessed this so I am not sure how legal it was.. but the idea of informed consent is usually that you can revoke consent at any time from a ethical stand point.

The person who talked about the behavior plan is right on track. Request in writing a formal functional analysis assessment performed by a qualified individual. School districts are required to have BICMs (Behavior Intervention Case Managers) or ask for a certified behavior analyst (www.bacb.com. The functional analysis determines the function/ purpose of the behavior and points the team to a BIP (behavior intervention plan) a plan that will involve the team change the environment and interactions with the child as well as developing some specific teaching strategies for developing appropriate replacement behaviors.

Without a specific plan for reducing the problem why would putting him on a half day change anything?

www.wrightslaw.com

is the best resource on how to advocate for your child and learning your rights from a legal stand point. Also if you look at a copy of your parent rights that should of been provided to you at least once a year (request a copy if you are not aware of them) there should be a phone number/ contact for an advocacy group where you can often get a free advocate or advice as well as the process for filing a complaint or disagreeing with an IEP (filing for mediation or due process) in order to get the disagreement resolved.

Answer 2

Have you had a full behavior study done?  I'm not sure what state your in so you may have different processes.  You should have a BIP or behavior intervention plan.  If the behaviors are as bad as they sound your district should bring in a behavior specialist and do a study.  Sometimes students can maintain for a half day so it is worth a try.  But it sounds like time is not the antecedent for the behavior.

The key word for you to use is antecedent (what triggers the behavior, or what happens right before), then record the behaviors.  It is also important to look at the consequences.  Maybe getting kicked out of the room is a reward for your child.  I have worked with students that want to go home, or anywhere but the classroom.  

What type of program is your child in?  If your child is in regular education mostly maybe they need to be moved to a more restrictive environment like an SDC (special Day class) where the ratio is smaller.  If there are a lot of issues there maybe something more going on.  But the first goal should be to figure out ways to control the behavior so that learning can take place.  As the behaviors get under control then you can look at expanding the day.  Expanding the day without any plan in place to make it a learning environment your just setting your child up for more failure.

Answer 3

Does your child have an aide to assist him?  The other option is to request some type of behavioral modification program be implemented.

Answer 4

First and foremost - it's the child's NEEDS that take priority here ... not the school's, or what the school or IEP team has already decided upon.  Sometimes going in reverse is going forward.

It’s kind of difficult to get a clear grasp of the situation here – but I will try to suggest some things.  When you wrote “…due to continued behavioral issues NOT DIRECTLY RELATED TO IEP…”  the red flag shot up.  If there is a behavioral issue that is interfering with the successful meeting of the goals and objectives on the iep – which it sounds like there is – then perhaps it is time to do a FBA (Functional Behavioral Assessment) and put together a Positive Behavioral plan based upon that.  This is important, because behaviors are usually the result of some need not being met – and until this need is determined and satisfied … the behavior will continue --- irregardless of what 'magic' the iep contains.  There are SO many little ‘antecedants’ that can disrupt a child’s day, and any special ed program would do a great disservice to that child if a good close look is not taken (and actually, should be done by a psychologist trained in functional behavioral assessment over a period of several days) to see what things may be contributing to the undesirable behavior.  Is the child getting enough to eat?  Is the seat in a disruptive location?  Are there other students that are contributing somehow?  Is it too noisy - too bright?... too dark?... too quiet?... too long?... too short?... too hot?... It’s hard to suggest anything without knowing the child’s unique disability.  But certainly – a professional, trained BEHAVIORIST  (and preferably not one of the special ed staff or para-pros employed at the school – if so, ask them of their formal training in this…) in FUNCTIONAL ASSESSMENT is in order, to my belief.

Answer 5

Unfortunately, depending on the steps the school has already taken, there may not be a lot you can do.  If the child already has an IEP then you need to review it to see what's already been tried with the child.  Has he/she been referred to a BD program?  Does the school have a resource room which can be utilized?  Maybe the child just needs more patient teachers-I've personally witnessed some pretty significant behavioral improvements when a child is switched to teacher that was able to build a better rapport with the student.  If this behavior is relatively new then you should try to pinpoint when the behavior started and possible clues as to why the child is acting out.  Start looking at outside resources as well; check with a behavioral psychologist and see if therapy and/or medication (or a change in meds) would be in order.  Many districts also provide alternative schools with smaller class sizes and more specially trained staff for children whose needs require more attention.  Good luck with your endeavor and just remember that the school holds an obligation to keep all of the students safe-which is most likely the position that they are taking right now.  Have patience and go to the school board if you still feel like the school isn't doing as much as it could.

Answer 6

I agree with the previous answers, a  Behavior Specialist needs to observe and see what triggers the behaviors AND what the response is to the behaviors, making sure the child is not being rewarded for inappropriate behaviors.

I would add to previous suggestions,when you are at the IEP TEAM meeting,remind yourself that you are a part of a team.An important part but still a part.Try not to feel responsible for your child's behaviors.From my experience,the team likes to take credit when things are going well but when they aren't,they try and put it on the parent.The team needs to work together to educate your child.

Answer 7

It seems to me that the IEP is poorly written. It does not address the behavior concerns, nor what is causing the outburts to keep them down, nor does it address an appropiate way that the child is getting educated. You may get expert advice on an ongoing basis with your own on-line advocate at www.publicschoolhelp.com from a parent that has taken on the system and won.

It seems the school is bulling you.

Answer 8

I am concerned that by placing your child on 1/2 day the district is violating IDEA which states that children with disabilities should have the same access to education as other children.

Request that your child resume full days as you are concerend with the amount of education he is MISSING!!!

Request a FBA

(Functional Behavior Assessment) to develop a BIP. (Behavior Intervention Plan)

the FBA will look at child's behavior and try to pinpoint WHY behavior is occurring-you can't fix it if you don't know WHY it tis happening-and the obvious is not always the answer.

The FBA takes place over several weeks-with multiple people observing your child in ALL classes-the ones w/ bad and good behavior.

If the district does not agree to your requests to have this done (FBA-BIP and return to full day) Tell them you want information on going to due process.  This is the process where you filw a complaint with the state that your child's rights are being violated and where an outside person (law judge for schools) reviews the situation and decides what, under the law, is best for your child.  the school district should be giving you a copy of Procedural Safeguards at each meeting and reviewing them with you.  Ask for them.  It explains this process in full.  It is not as hard/scary as it seems.

Most times-when you threaten Due process, and really mean it (file a complaint with the state, etc.) the school district suddenly becomes very accomodating to you.  they suddenly realize they are not doing the right things and start really trying to work with you.  

Good Luck!