I fought the law and the law won (Part Two)

The training was broken down into several sections.  The first was sort of a "top ten" list of things for CST members to be aware of.  I don't see any copyright or trademark imprints on any of the hand-outs so I may risk quoting directly from the text (although doing so from something given to me by lawyers almost seems like chancing it; hopefully they would start with a "C and D" before getting really legal on me).

Email
As I mentioned yesterday, email was one of the topics.  The presenters made sure we knew that any email that has a student's initial or name in it could be subpeona'd for a due process hearing.  With that being said, be respectful and professional in all your email correspondences.  Keep them brief and avoid long narratives and inappropriate references to the student.  It seems very much like common sense but, apparently, common sense goes out the window more often than you would think.  Being the jaded person that I am, it doesn't go out the window more often than I think.

The presenter also touched upon our requirements for responding to emails from parents.  That each email should be treated as a separate written response and we have 20 days to respond to them.  That doesn't mean we have to respond to each email separately and that we don't have to respond by email, we can make a phone call or send a written letter.  Along with that, if you don't respond by email, make sure you keep a copy of your response or log the phone call somewhere.  In the case of the latter, some school information systems and IEP software systems have the ability to log such interactions.

PLAAFPs
My favorite from this is something that has been repeated over and over again.  Saying something to the effect of "Mikey is a pleasure to have in class and he works very hard" is useless and meaningless in a court of law.  PLAAPFs need to be broken down into what the student can do and has trouble doing and it needs to be operationalized.  "Mikey is able to complete two digit computations but has difficulty completing three digit computations" tells much more.  The information in a PLAAFP should be completed with the thought that one day, it may be read by a judge or lawyer.  Be honest, not cruel, but honest and concise.

Rationale for Removal
This is a section of the IEP that has plagued people at times.  The best advice from the presenters was to be specific because it may help another party in the future and to give strong supporting examples.

Uncooperative and/or Abusive Parents
Don't take it personally.  If anyone else was in your position, they would suffer the same as you.  Maintain your professional demeanor.  And you don't have to take abuse.  If someone is verbally abusing you over the phone, you have the right to end the call by telling the person that they are being verbally abusive and that you are ending the phone call.  After that, make sure you tell your supervisor.

Accommodations and Modifications
Avoid laundry lists.  Again, keep in mind that a judge or lawyer may read this one day and ask a teacher, "How do you have time to provide all these everyday?"

Due Process Hearings
When the presenter asked the audience about their experiences with going to a due process hearing, most people said it was a horrible experience.  Some said that it was humiliating.  The presenter said that it should not be a bad experience if you are prepared and prepared correctly by the lawyer.  In addition, if the judge refers to you as "credible" in the judge's opinion, that is the best praise you can expect to receive.

I fought the law and the law one... (Part One)

Today was professional development day.  So while many people had the day off, I went in for some training.  Fortunately, it was a better, and more applicable, training than on some previous professional development days.  Possibly because the child study team went out of district this time.

It has been my experience that when you are the minority in the district (and next to teachers, almost every one else is the minority), you often get shoe-horned into trainings that have little to nothing to do with your profession.  While one training on differentiated instruction may be nice, when you go to the same thing several years in a row (I'm taking dramatic license here) it gets to be a bit much.

So what is a child study team/department of special education to do?  Well your options include pushing the department agenda and getting the organizers of ProDep to get a special presentation just for the department; get someone from the department to do a training of some sort; or head out of town if you are lucky enough to find an applicable training on the same day as your district's day (and the district is willing to spring for it).

So today's out of district training was on interpreting special education law.  I had been to similar a training last year and I was pleasantly surprised to see one of the same lawyers that did the presentation last year.  The great thing about this lawyer, aside from some of the truly horrific and preposterous stories he had to tell, was his dry humor.  I likened him to Bob Newhart back when he did stand-up.

I plan on recapping this training in a couple of posts or side posts.  I'm doing this for a number of reasons: first, today and tomorrow are a bit busy for me personally; and second, I need a little time to organize my notes.

So not to leave you high and dry, I'll mention some of what you can expect in the next few days: email, PLAAFPs, parents, and bullying.

I'm sorry if this seems like a bit of a non-post but my private life calls.