summer travel plans, anyone?
About this time last year many of us were canceling our travel plans for the summer as we realized COVID was not going away anytime soon. We were becoming experts in zoom, pivoting daily based on the newest guidance from TEA and all wondering how long this extended spring break would last!
As we lived into the unknown some days just remembering to take a few deep breaths, so you did not loose it was a successful day. As you lean in to finish out this unprecedented year, take some deep breaths and start making those summer plans because you have more than earned it!
Resources for your Tool Box
Marnee Loftin, a retired psychologist who worked at Texas School for the Blind and Visually Impaired for 28 years, recently posted an article entitled Collaborative Evaluations: TVI and Evaluation Staff Working Together on the Paths to Literacy website.
Secondly, in this article Marnee sites a position paper by Stephen Goodman, Carol Evans, and Marnee Loftin titled, Intelligence Testing of Individuals Who are Blind or Visually Impaired.
Diagnostician Roundtables
Prior to the session those registered will be sent a zoom link and form for submitting questions. Any information regarding a specific case shared must be presented without the sharing of any personally identifiable information about the student. These sessions will not be recorded and will end once all questions have been discussed.
Difference vs Disorder with Region 10 SLP Evaluation Consultants Dr. Jyutika Mehta and Pam Sepulvado
This 3 hour session will provide evaluation teams practical tips and tools for assessing language dominance and language proficiency when determining a difference versus as disorder in CLD students
While the website is intended for parents as the ARD facilitator being familiar with the resources and information found here you can better support parents and the other team members. Below are some links to just a few items you may find helpful:
Statewide Webinars (check out the upcoming session addressing post-secondary planning!)
Admissions Review Dismissal (ARD) Committee
Updated Documents from TEA
- Based on feedback from the Office of Special Education Programs (OSEP), TEA has amended the Parent’s Guide to the Admission, Review, and Dismissal Process and the Notice of Procedural Safeguards documents.
- All LEAs must distribute copies of these documents to all families who received an earlier version during the 2020-21 school year no later than April 30, 2021. Special education directors will determine what this process will look like for their district.
- Additionally SpedTex is working to translate and make accessible both these documents in additional languages.
- To learn more about the changes made click on the link below each document for a summary of these updates.
New Resources for State Performance Plan Indicators 11 and 12
Timely Initial Evaluations (Child Find) SPPI 11
TEAL Application Resources
TEAL Application Resources
State Performance Plan Indicators: Clarification Process
Clarification Resources
Join us for the final webinar of the year May 20, 2021:
Reevaluations: From Review of Existing Evaluation Data to Evaluation
REPRINTED FROM JIM WALSH’S “DAILY DAWG” WITH PERMISSION FROM THE WALSH GALLEGOS LAW FIRM.
TOOLBOX TUESDAY!! WAS IT “IMPULSIVE”?
Quick question: what’s the difference between stealing a cookie and stealing an ATV (All Terrain Vehicle)? Perhaps the first distinction that comes to mind is the value of the stolen item. Criminal law would treat the ATV theft more seriously, since it has greater monetary value. But a federal court made note of another distinction in the process of upholding the Manifestation Determination made by an ARD Committee in Wimberley ISD. The court pointed out that a student who is plagued by impulsivity might very well grab that cookie without much thought. Riding off in someone else’s ATV, on the other hand, requires a bit of stealthy planning. Therefore, it’s less likely to be a product of impulsivity.
ARD Committees often discuss impulsivity, especially with students who carry a diagnosis of Attention Deficit Disorder. The argument is that the student does not think things through, does not anticipate consequences, does not plan. The ARDC in Wimberley concluded that the student’s theft of the ATV required a level of premeditation that was inconsistent with “impulsivity.” Members also observed that the district served many students with ADHD, and yet most of them did not steal things. The ARDC’s conclusion was that this was not a manifestation of disability, nor the result of the failure of the district to implement the IEP. The parent disagreed, and thus, litigation ensued.
The special education hearing officer ruled in favor of the district and now the federal district court has affirmed that decision. The district handled this situation well. They had the right people at the meeting, they listened patiently as the student’s advocate engaged in what the court described as a lengthy and hostile cross-examination, they had a solid basis for their conclusions, and they were able to demonstrate that the DAEP would be able to provide an appropriate education to the student for his 45-day assignment.
In Toolbox terminology, this is a Tool #6 case: a Disciplinary Change of Placement. The student was charged with felony theft. Even though this happened in the summer when school was out, Chapter 37 authorizes DAEP if the district determines that the student’s presence in regular classrooms would be “detrimental to the educational process.” The district made those findings, properly handled the MDR and successfully defended its decision in the court case.
I’m pleased to let you know that Kelly Janes and Jamie Turner of our firm’s Austin office represented the district on this one. It’s Gloria V. v. Wimberley ISD, decided by the federal court for the Western District of Texas on February 26, 2021.
The court’s decision is on SpecialEd Connection at 78 IDELR 96 and the magistrate’s Report and Recommendation is at 121 LRP 8057.
DAWG BONE: THE DAWG HAS SNATCHED A COOKIE OR TWO…..IT WAS IMPULSIVE.
Subscriptions to the Daily Dawg are available at www.edlawdawg.com
Amy Smith, Evaluation Consultant
Email: amy.smith@region10.org
Website: https://www.region10.org/programs/evaluation-special-education/overview/
Location: Region 10 Education Service Center, East Spring Valley Road, Richardson, TX, USA
Phone: 972-348-1784