Freedom of Information Act

[Riggs]

What is the name of your state?What is the name of your state? Oregon. Hello all. I am the grandfather of a six year old special needs child, who happens to live with us. Prior to attending kindergarten at a local public school, we had my Grandson evaluated by the Educational Service District (ESD) and a team from Oregon Health Sciences University (OHSU). Jointly, an Individual Education Plan (IEP) was developed based on information provided in the evaluations. My grandson is now in first grade. Based on recent changes in my Grandson's behavior the school is attempting to re-write the IEP, excluding most if not all recommendations and objectives identified by ESD and OSHU. We suspect that my Grandson's change in behavior is largely due to the school appointed advocate not following the guidelines of the IEP. The change in behavior is only displayed at school. There is no change in behavior at home or day care.

My questions:

1) Are Local School Districts required to answer requests made pursuant to the Freedom of Information Act 5 U.S.C ? If not is there a state version of the act ?

2) Who determines when an IEP is in need of re-writing ?

3) Is an IEP required for a home schooled special needs child ?

Thanks in advance,

Riggs

 

[BelizeBreeze]

http://landru.leg.state.or.us/ors/192.html

This will tell you if the school district is answerable under the Oregon Sunshine laws.

 

[Crimson1]

I'm a Special Ed teacher, not an attorney. Either the Special Ed teacher or the parent/guardian can request an IEP meeting to review or revise it. The IEP MUST be rewritten annually, but can be rewritten any number of times before the year is up--although that can get dreary if it happens very often. The school is going to be concerned about school behaviors. I don't know anything about school appointed advocates, so I don't know what that person is supposed to do, but anyone involved in your grandson's education should follow the IEP. If he has behavior issues, maybe all that needs to happen is a functional behavior assessment and a behavior plan.

Children who are home schooled do not have IEPs.

I have no idea about school districts having to answer requests,etc.

Good luck,
C

 

[Riggs]

Thanks

http://landru.leg.state.or.us/ors/192.html

This will tell you if the school district is answerable under the Oregon Sunshine laws.

Yes !! public record disclosure is addressed in the Oregon Sunshine Laws. Your response is appreciated very much.

Riggs

 

[Riggs]

Crimson1

Thank you very much. It is always nice to have a second opinion. My Grandson's Special Ed teacher made the same suggestion. I am worried because, based on recent conversations, school staff do not feel that my Grandson's behavior issues are a result of his disabilities (mild autism, and sensory integration disfunction). I fear the IEP will focus more on the behavior issues.

An advocate is a person hired to assist the teacher with implementing the IEP for a student. The evaluations performed by ESD and OHSU identified the need for an advocate. My Grandson's current advocate was with him through kindergarten. He did better than any one expected. The advocate was very observant and attentive. This year my Grandson's advocate does not appear to have the same level of interest in him. My Grandson had two very serious melt downs this school year, as a consequence, he was suspended for three days. In my humble opinion, these melt downs could have been avoided very easily if the advocate was more attentive. Based on conversations with the advocate her responsibilities at the school have increased. The Principal however maintains that the advocate is there soley for my Grandson. I am suspicious because this year my Grandson's advocate has an assistant, Hmmmmm. Things aren't adding up in my feeble mind. I am not sure who to believe.

Again thanks for your response and thanks for your attention,

Riggs

 

[cmorris]

You said he was suspended for three days due to his behavior. Is it related to his disability?

I'm in a teacher ed program and when I took my special education class, we were informed that students cannot be punished for behaviors related to a disability. It may be something to look into.

 

[Crimson1]

The IEP will definitely focus on areas of concern--and for autistic children, behavior is often a concern. Regardless of the cause of the behaviors, they should probably be addressed. As he gets older, behavior issues in school become more difficult to deal with and he could end up in a more restrictive educational environment. It may be that the change from Kindergarten to first grade is causing an increase in behaviors. There are increased expectations for behavior and academic performance. There may be more peers to deal with--any variety of factors.

Discipline of Special Education students is a bit tricky. They can certainly be punished for behavior, but if out of school suspensions run over ten days, then a meeting is held called a Manifestation Determination. At that meeting, the discipline is reviewed and the IEP team determines if there is a pattern of behavior and if the behaviors which resulted in the suspension are related to the disability. If so, then placement and services are looked at to see if a change should be made.

I still urge you to request an IEP meeting to discuss the behavior issues and to get a true picture of what the deal is with the advocate (we call them aides or paraprofessionals at my school). Maybe your grandson and/or the advocate are ready for a change. Can you imagine being with the same individual all day, every day at school?

Crimson

 

[Riggs]

Disability related behavior

You said he was suspended for three days due to his behavior. Is it related to his disability?

I'm in a teacher ed program and when I took my special education class, we were informed that students cannot be punished for behaviors related to a disability. It may be something to look into.

Thanks, I was under the same impression. However the District Special Ed Director informed us that it is legal. The Principal and the Special Ed Director decided that my Grandson's meltdowns were very upsetting to the class, so the class needed a break from my Grandson. He had two severe meltdowns (completly disengages, throws mad hysterical fits) within a two week period. I understand how upsetting it must have been for the other students, I just don't understand why the triggers were not recognized by the advocate and the teacher. In my humble opinion, the situation would not have elevated to that level if school staff were more attentive. The school did an excellent job last year, whats the difference now ? Thats what I am trying to find out. I may have to request some public records to fill in the blanks.

Thanks for your response,
Riggs

 

[Riggs]

Crimson

My biggest fear is that my Grandson will not be able to make it in the main stream. I envy you for your knowledge of the subject matter, thank you very much for sharing it with me. The District Special Ed Director contacted me today asking for permission to allow a Functional Behavioralist to observe my Grandson on Monday 10/18. I gave permission. You mentioned something about a functional behavior assessment in your first response, so I was not surprised by the call.

Thanks again,

Riggs

 

[Crimson1]

After 27 years teaching Special Ed, I do have a certain familiarity with it! I know it seems as though someone should have noticed that your grandson was getting upset. However, having had Autistic students in my classroom, I know from experience that they can become upset in a heartbeat. Several years ago I had an Autistic student in my class--who had an aide right with her. I'd asked everyone to get out their text. The student looked in her desk for her book. I turned to answer a question from another student and in that short amount of time, the meltdown, as you call it, began. She couldn't find her math book. Books, desks, chairs went flying. I know you want your grandson to be educated within the regular class setting. Schools try to accommodate that as much as possible. However, he may need a smaller, more structured enviromnent.

Crimson