Please Help - Upcoming IEP meeting

Discussion in 'Special Ed 101' started by Rhea, Mar 26, 2007.

  1. Rhea

    Rhea New Member

    Hello All,

    It is a relief to have finally found a "soft place" to land. Bless you all.

    difficult child suspended for talking back to teachers.

    No FBA in place. On stay-put IEP with no measurable goals and no mention of behavior. Last school year was year from you know where. Multiple referrals, suspensions, detentions, and a criminal assault charge that was dismissed. Battled with school district in IEP meetings for a total of almost 16 hrs. to pull together IEP that passed the sniff test. Stalled on self-contained requirement imposed by school district. I refused to sign the IEP unless the self-contained required was removed. school district refused to remove the requirement. Went on stay-put.

    school district failed difficult child but gave conditional pass upon my request. At beginning of current term, I fought for and got the requested accommodations and supports in the "stalled" IEP. difficult child in all co-taught classes. Grades went from c's, d's and f's last year to a's, b's, and c's this year.

    Requested FBA May 2006. Psychologist collected data for FBA this year, but found that difficult child was on task most of the time. Teachers disagreed saying that behaviors occurred when psy. wasn't observing. Psy. determined no need for FBA.

    What can I do to safeguard my difficult child in this situation? IEP meeting in a couple of weeks. Help, please!
  2. Martie

    Martie Moderator

    If disciplinary action is being taken vs difficult child, then that is prima facie evidence that difficult child needs a BIP. The law requires that behavioral supports be in place when student's behavior interferes with his learning or that of other's. You have that situation.

    You need to read the law on behavioral support. You can find it at

  3. Sheila

    Sheila Moderator

  4. Rhea

    Rhea New Member

    Thank you so much for the info.
  5. Desperado

    Desperado New Member

    This is my first time on this site, so bear with me. I do know sped though, as I m a sped teacher and my son is autistic. Each state is a little different, but your child should already have an FBA and BIP, if I read you right. I am unclear of their classification, but once a child gets to 5 referrals or more, an FBA is highly recommended. The FBA is always written, in my state, by the teacher and the IEP team. No psychologist has to approve of this as it is not a change of placement or a re-evaluation. FBA are the precursors to BIP. One usually begets the other, though you can have an FBA without a BIP, if the identified behavior is a functional behavior that interferes with learning, such as on-task behaviors, etc. Disruptive behaviors lead to BIPs. Does this help? What specifics do you need. If I can help, I will.
  6. Rhea

    Rhea New Member

    Thank you for your help.

    Would you please explain how the approaches differ when dealing with functional vs disruptive behaviors. Specifically, should a difficult child be disciplined for a functional behavior? What should be done when frustration sets in from repeated redirections for a functional behavior?

    Thank you.
  7. Desperado

    Desperado New Member

    Discipline is really not the thought in school. The thought for FBAs and BIPs is to identify problem behaviors and teach replacement behaviors. The whole purpose of the BIP is to protect the child and to find ways to teach/model behaviors that are more appropriate. I am not stupid. There are many times that this doesnot work I work mostly with ED/EH students and they have to have FBAs and BIPS. I write them to address defiant rude behaviors, or cutting, etc.
    Functional behavior-off-task behaviors. I would identify when and how often occurs, if there are antecedents, etc. I would then set a goal that would address what positive thing that I would like to have happen. There would be positive consequences for a change in behavior.
    We look at what the student is trying to gain or avoid. So, can they be punished for off-task behaviors-yes. If it is repeated behavior and is a part of their disability then the approach should not be punishment.
    What is your difficult child's disability according to the school district-Learning Disability (LD) or OHI or ED?
    If repeated frustration sets in from redirection, then the solution isn't a solution and they need to rethink a replacement behavior.
    The other person who told you to go to Wright's law sites is right. They give alot of info about how to write to protect. Some schools don't get it yet. I fight all the time with administrators who think that they will go to manifestation and expel if not related. They think the minute the BIP is inplace there should be a change in behavior. Sure. It takes time.
    There is a continuum of restrictive placements. Children are not supposed to skip steps unless there is a serious-weapons,drugs, charge. Even then the change of placements are for 45 days and have to be reevaluated.
  8. Rhea

    Rhea New Member

    Thanks, Despearado. Your info. is helpful. My difficult child is ADHD with oppositional behaviors.

    I am so tired of fighting with the school district regarding unconscious behaviors that over which his the only control his is able to exert is to comply with a request to stop the behavior immediately upon request. But, within a few minutes may again be tapping his pencil, foot, fingers or whatever, only to be yelled at, which in turn may or may not result in defiance.

    I know that there are those behaviors which can be modified, and I am 100% for working with the school district to change those behaviors. However, where tapping is concerned, the only reasonable thing to do is to provide him with some type of "silent" manipulative so that when his fingers heed the urge to move, the movement will not be distractive.

    He is constantly being yelled at for tapping because the noise "gets on his teacher's nerves." Well, just exactly what does she expect him to do?

    I am so tired of dealing with those in the educational setting who appear not to have received adequate training in dealing with a child who has a disabilty such as ADHD.

    Sorry for the long post. Just needed to vent.

  9. lordhelpme

    lordhelpme New Member

    i was told by someone from the school district that once they are middle school or higher a difficult child with-an odd or cd diagnosis in not considered for and ei or Learning Disability (LD) placement. might be the same in your area.

    i was wondering why you have not gone the route of due process on the stalled iep. it seems to me that you should appeal their decision.

    as for the fba how can they rule anything out with-o an fba? if he is already classified with-a Learning Disability (LD) with-the adhd why are they not addressing the tapping with-Occupational Therapist (OT)? or have they even had him tested by an Occupational Therapist (OT)? i know i had to ask for Occupational Therapist (OT) to be part of our multi displinary testing and turns out difficult child had several sensory issues.

    well good luck and keep on that school district. they all seem to have a knack of pushing back until you backdown!
  10. Sheila

    Sheila Moderator

    <div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body"> i was told by someone from the school district that once they are middle school or higher a difficult child with-an odd or cd diagnosis in not considered for and ei or Learning Disability (LD) placement.</div></div>

    Someone is giving you an "unwritten policy" that conflicts with State and Federal law. When I'm told this type info, I ask for a copy of that regulation in writing. :wink:
  11. Sheila

    Sheila Moderator

    Hi Desperado and welcome.

    For a parent to prevail at a Due Process hearing, documentation is required via a paper trail. Hence, part of the reasoning that Marti and I tend to harp on the importance of certified mail, letters of understanding after meetings and phone calls, leaving paper trails in general, etc.

    Additionally, I'd strongly recommend to anyone pursuing Due Process that the services of an experienced lawyer who specializes in educational law be retained. Due process is a legal proceeding and requires knowledge of procedures and other things that the typical parent usually is not in a position to handle. In other words, parents representing themselves can loose on a procedural technicality even if the school district is blatently non-compliant. contains some good info on Due Process.