Focus on Quality: What Does It Mean To Be Qualified - PowerPoint PPT Presentation

Loading...

PPT – Focus on Quality: What Does It Mean To Be Qualified PowerPoint presentation | free to download - id: 66b680-MjMyY



Loading


The Adobe Flash plugin is needed to view this content

Get the plugin now

View by Category
About This Presentation
Title:

Focus on Quality: What Does It Mean To Be Qualified

Description:

Focus on Quality: What Does It Mean To Be Qualified and Does It Matter to FAPE? Overview What Are the Requirements To Be Qualified as Special Education Staff? – PowerPoint PPT presentation

Number of Views:127
Avg rating:3.0/5.0
Slides: 75
Provided by: f3lawComd
Learn more at: http://www.f3law.com
Category:

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: Focus on Quality: What Does It Mean To Be Qualified


1
Focus on Quality What Does It Mean To Be
Qualified
SES Fall 2010
and Does It Matter to FAPE?
2
Overview
  1. What Are the Requirements To Be Qualified as
    Special Education Staff?
  2. Does FAPE Hinge on Staff Qualifications?

3
District Staff Are Presumed To Be Qualified
  • Courts are not likely to second guess staff
    qualifications absent evidence to the contrary

4
District Staff Are Presumed To Be Qualified
  • What matters is whether the districts proposed
    staff is trained to deliver a program reasonably
    calculated to confer a meaningful benefit on the
    child

5
  • Qualified Special Education Teachers
  • equals
  • Highly Qualified Under the NCLB


6
Highly Qualified Special Education Teachers Under
the IDEA
  • Bachelors degree
  • Special ed. credential/internship credential
  • 9th Circuit invalidated internship credential
    9/27/2010
  • No emergency/ temporary/provisional credential
    waivers
  • Demonstrated subject matter competence

7
Highly Qualified Special Education Teachers Under
the IDEA
  • Subject matter competence required in all
    settings
  • No exception for the resource room or learning
    center

8
Highly Qualified Special Education Teachers Under
the IDEA
  • New teachers, credentialed on or after July 1,
    2002, demonstrate subject matter competence by
  • Testing, or
  • Completion of degrees/coursework

9
Highly Qualified Special Education Teachers Under
the IDEA
  • Veteran teachers demonstrate competence by
  • High, Objective Uniform State Standard (HOUSS)

Exception Veteran middle school/high school
teacher newly credentialed and hired as special
ed. teacher
10
  • We dont say old we say Veteran!

11
Highly Qualified Special Education Teachers Under
the IDEA
  • Flexibility on subject matter competence for
    special education teachers who
  • Teach to alternate achievement standards, or
  • Teach multiple subjects

12
Highly Qualified Special Education Teachers Under
the IDEA
  • Teaching to Alternate Achievement Standards
  • Demonstrate subject matter competence by
  • Meeting NCLB requirements, or
  • Demonstrating appropriate level of subject matter
    knowledge

13
Highly Qualified Special Education Teachers Under
the IDEA
  • Teaching Multiple Subjects
  • Demonstrate subject matter competence by
  • Meeting NCLB requirements, or
  • New teachers qualifying in one subject matter,
    allowed two years for others

14
Autism Credentialing
  • What is the alternate route?
  • Mild to moderate special education teacher, and
  • Consent to the assignment, and
  • One year of full-time instruction to students
    with autism prior to September 1, 2007, and
    favorable evaluation/recommendation, or
    coursework
  • (Ed. Code, 44265.1.)

15
Autism Credentialing
  • Why?
  • More autistic students in California
  • Requirement of least restrictive environment
  • The need for more teachers to be able to instruct
    students with autism

16
Autism Credentialing
  • New Regulations
  • Effective date June 26, 2010
  • Autism Spectrum Disorders (ASD) content is now
    included in all revised preliminary Education
    Specialist Teaching Credential programs in all
    specialty areas
  • Authorizes instructional support to students with
    autism
  • (5 C.C.R. 80048.6(b)(8).)

17
Related Services Personnel Qualification
  • Not held to NCLBs highly qualified standard
  • But still must be qualified!
  • Cant be waived on an emergency, temporary or
    provisional basis

18
Special Education Paraprofessionals in Title I
Schools
  • For instructional support aides, not personal
    care
  • Standards
  • Completed at least two years of college
  • Obtained at least an associates degree, and
  • Meet a rigorous standard of quality through a
    formal state or local assessment

19
Qualifications for Extended School Year Staff
  • Must meet IDEAs highly qualified teacher
    requirement
  • Just because it is summer does not mean districts
    can take a vacation from the qualification
    requirements

(Letter to Copenhaver (OSEP 2007).)
20
Qualifications for Compensatory Education Staff
  • Must meet IDEAs highly qualified teacher
    requirement
  • For purposes of staff qualifications, treat
    compensatory education just as you would a
    regular school program

(Letter to Anonymous (OSEP 2007).)
21
Parent Inquiries Regarding Personnel
Qualifications
22
Parent Inquiries Regarding Personnel
Qualifications
  • Title I schools
  • Must inform parents of right to request
    qualifications of childs core academic subject
    teachers and paraprofessionals
  • What information must districts share?
  • Type of state credential or license
  • Education level and subject area of college
    degree(s)

23
Parent Inquiries Regarding Personnel
Qualifications
  • Title I schools
  • Must also provide parents notice if their child
    is or will be taught for more than four
    consecutive weeks by a teacher who is not highly
    qualified

24
Parent Inquiries Regarding Personnel
Qualifications
  • How much should districts share when parents ask
    questions during the IEP process?
  • All schools affected not just Title I schools

25
Parent Inquiries Regarding Personnel
Qualifications
  • Competing Rights

Parents right to participate in IEP
decision-making
Staffs right to privacy
26
Parent Inquiries Regarding Personnel
Qualifications
  • Law on staffs right to privacy is vague
  • No disclosure of records constituting
  • an unwarranted invasion of personal privacy
  • Courts balance public interest and private
    interest

27
Parent Inquiries Regarding Personnel
Qualifications
  • Commission on Teacher Credentialing
  • CTC website posts all
  • teachers credentials and subject matter
  • authorizations with a
  • public search feature
  • by teachers last name

28
Parent Inquiries Regarding Personnel
Qualifications
It is reasonable to provide NCLB information at
non-Title 1 schools -
  1. Has teacher met state requirements for job?
  2. Is teacher under emergency or other temporary
    status?
  3. Teachers degrees/certificates/licenses and the
    field of discipline of each

29
Parent Inquiries Regarding Personnel
Qualifications
  • If parent wants more and staff member agrees to
    disclosure
  • How much is too much?

30
Parent Inquiries Regarding Personnel
Qualifications
  • When it refused to discuss the competency of
    instructional aides, district denied parent rights

(Paradise (CA) USD (OCR 2006).)
31
Parent Inquiries Regarding Personnel
Qualifications
  • OAH found 30 minute discussion of service
    providers qualifications adequate

(Student v. Exeter Union SD Exeter Union SD v.
Student (OAH 2009).)
32
Parent Inquiries Regarding Personnel
Qualifications
  • So how much is enough?
  • No bright-line rule
  • BUT, attitude can make all the difference
  • In Paradise, the district was clearly hostile to
    any discussion
  • In Exeter, IEP team demonstrated willingness to
    engage in open dialogue

33
Practice Pointer
  • Do not dismiss parent concerns allow parents
    meaningful opportunity for dialogue
  • Share public information credentials, other
    relevant professional qualifications
  • Emphasize that the district would not have hired
    the employee if he/she were not qualified

34
Specifying Staff Qualifications on IEPs
  • IEPs normally contain no information regarding
    staff qualifications
  • Only indicate staff qualifications if truly
    necessary for FAPE

(Letter to Dickman (OSEP 2002).)
35
  • Does FAPE hinge on
  • staff qualifications?

36
The Bottom Line
  • The bottom line in a due process claim is not
    whether staff is qualified, but whether staff
    appropriately implemented the IEP

37
Compliance Complaint or Due Process Claim
  • Staff appropriately implements IEP but not
    technically qualified ? Compliance Complaint
  • Staff technically qualified but fail to
    appropriately implement IEP ? Due Process Claim

38
The Lack of a Highly Qualified Teacher
  • No right to file for due process
  • Nothing in the IDEA shall be construed to
    create a right of action on behalf of an
    individual student or class of students for the
    failure of a particular State educational agency
    or local educational agency employee to be highly
    qualified

(20 U.S.C. 1401(10(E) 34 C.F.R. 300.18(f)
and 300.156(e).)
39
Case Example
  • ISSUE
  • Did the District deny FAPE by failing to provide
    appropriately credentialed personnel?

(Student v. Lake Elsinore USD (OAH 2006).)
40
Case Example
  • FACTS
  • Student claimed she was denied FAPE because
    teacher and speech/language therapist were not
    properly credentialed
  • No evidence regarding the required credentials or
    whether they met those requirements

(Student v. Lake Elsinore USD (OAH 2006).)
41
Case Example
  • RULING
  • Whether a teacher holds the proper credential is
    not within the jurisdiction of a due process
    hearing
  • However, teacher and speech/language therapist
    possessed sufficient qualifications, and their
    qualifications did not deny Student FAPE

(Student v. Lake Elsinore USD (OAH 2006).)
42
Case Example
  • ISSUE
  • Does a districts failure to provide a highly
    qualified teacher provide a basis for a due
    process complaint?

(Prince Georges County Public Schools (MD.SEA
2009).)
43
Case Example
  • FACTS
  • Students IEP required special education
    instruction from a special education teacher
  • Students teacher was absent for a month
  • Substitute staff not highly qualified

(Prince Georges County Public Schools (MD.SEA
2009).)
44
Case Example
  • RULING
  • District failed to assign a highly qualified
    teacher
  • However, the IDEA does not create an individual
    cause of action for FAPE violations due to the
    lack of a highly qualified teacher
  • No corrective action ordered

(Prince Georges County Public Schools (MD.SEA
2009).)
45
The Lack of a Highly Qualified Teacher
  • Attorney Fees
  • Teacher certification may be important for
    purposes of attorney fees, irrespective of
    whether the student was denied FAPE

46
Case Example
  • ISSUE
  • Does Districts failure to classify a student as
    autistic result in Parent obtaining prevailing
    party status, even though ALJ found that Student
    was provided FAPE?

(Weissburg v. Lancaster SD (9th Cir. 2010).)
47
Case Example
  • FACTS
  • Student qualified for special education as
    mentally retarded (MR)
  • Parents disputed his eligibility category because
    private psychologist determined he was autistic
  • Students teacher was qualified to teach both
    students with MR and autism

(Weissburg v. Lancaster SD (9th Cir. 2010).)
48
Case Example
  • RULING
  • Administrative hearing
  • Student should have been classified as both MR
    and autistic, but he was not denied FAPE
  • District Court
  • Student was not a prevailing party because change
    in disability classification alone did not
    materially alter the parties legal relationship

(Weissburg v. Lancaster SD (9th Cir. 2010).)
49
Case Example
  • RULING
  • Ninth Circuit
  • Reversed
  • Students change in classification gave him legal
    right to a teacher with an autism certification
  • This changed the parties legal relationship for
    purposes of prevailing party status and attorney
    fees

(Weissburg v. Lancaster SD (9th Cir. 2010).)
50
The Lack of a Qualified or Properly Trained
Teacher
  • Issue of staff qualifications may be raised in
    FAPE claim in a limited context
  • Teachers inability or failure to implement a
    students IEP due to lack of training/education

51
Case Example
  • ISSUE
  • Is a properly credentialed teacher necessary for
    FAPE?

(San Diego USD v. Student (OAH 2009).)
52
Case Example
  • FACTS
  • Parent refused to consent to district SDC for
    student with autism
  • At hearing, Student contended teachers lacked
    proper credentials to teach a pupil with autism
  • District presented evidence of the proper
    credentials

(San Diego USD v. Student (OAH 2009).)
53
Case Example
  • RULING
  • Teachers held the proper credentials, but For
    purposes of analyzing whether an LEA offered a
    FAPE, nothing in this Decision constitutes a
    determination that a teacher must necessarily
    meet the requirements of Education Code section
    44265.1 teacher assignments to pupils with
    autism in order to be qualified to deliver a
    FAPE to a pupil.

(San Diego USD v. Student (OAH 2009).)
54
Case Example
  • ISSUE
  • Did District deny student FAPE by failing to
    provide qualified aide?

(Student v. San Bruno Park SD (OAH 2008).)
55
Case Example
  • FACTS
  • Student required 11 services in her behavior
    intervention plan (BIP)
  • Students teacher and aides were not qualified or
    trained regarding BIPs
  • Students BIP was not implemented but she made
    some educational progress

(Student v. San Bruno Park SD (OAH 2008).)
56
Case Example
  • RULING
  • District failed to provide qualified 11 aide
    services as required by Students BIP
  • This failure was material, as Students behaviors
    worsened
  • A student is not required to show educational
    harm to prove that she was denied FAPE

(Student v. San Bruno Park SD (OAH 2008).)
57
Case Example
  • ISSUE
  • Did teachers lack of training result in denial
    of FAPE?

(Student v. San Jose USD (OAH 2006).)
58
Case Example
  • FACTS
  • Student was eligible under SLD and required a
    reading program to address phonological awareness
    problems
  • Students special education teacher was in first
    year teaching in the United States

(Student v. San Jose USD (OAH 2006).)
59
Case Example
  • FACTS
  • Teacher held a Pre-Intern certificate and was
    trained in occupational therapy
  • Teacher admitted she did not differentiate her
    teaching methodologies and that she did not know
    much about Students disability

(Student v. San Jose USD (OAH 2006).)
60
Case Example
  • RULING
  • Student was denied FAPE
  • District delegated responsibility for special
    education program to novice teacher without
    providing appropriate training or oversight
  • OAH specifically commented that had Students IEP
    been properly implemented it would have conferred
    FAPE

(Student v. San Jose USD (OAH 2006).)
61
Practice Pointer
  • Ensure all staff understand their duties and how
    to perform them
  • Train new or inexperienced staff to ensure all
    IEP services are provided

62
When Qualified Teachers Make Mistakes
  • Teachers are not held to a standard of perfection
  • The Ninth Circuit held that one misjudgment by an
    otherwise outstanding, highly qualified teacher
    does not establish that a student was denied FAPE

(B.V. ex rel. J-C.V. v. Dept. of Educ., State of
Hawaii (9th Cir. 2008).)
63
How To Handle Parent Requests
  • School districts control personnel decisions
  • Parent generally has no right to compel an
    assignment of particular teachers or other
    educational personnel to implement an IEP

64
Case Example
  • FACTS
  • Student received home instruction from one
    particular home instructor for over half a year
  • District assigned a different teacher
  • Parent refused, arguing Student required
    consistency and routine
  • Student had only needed a few weeks to adjust to
    the original home instructor

(Student v. Los Angeles USD (OAH 2010).)
65
Case Example
  • RULING
  • District was not required to assign parents
    preferred teacher to Student

(Student v. Los Angeles USD (OAH 2010).)
66
Practice Pointer
  • Do not write the names of service providers in
    IEPs
  • If parent insists, tell them the district is
    unable to guarantee a particular person
  • However, if necessary to FAPE, specify particular
    staff qualifications

67
How To Handle Parent Requests
  • There is no better qualified or most
    qualified requirement
  • So long as district staff is qualified, school
    districts retain the right to make personnel
    decisions

68
Case Example
  • FACTS
  • The district offered 10 hours of school-based ABA
  • Student contended that she required 17 hours of
    in-home ABA
  • Students in-home ABA provider had stronger
    qualifications than the districts provider

(Student v. Solana Beach SD Solana Beach SD v.
Student (OAH 2008).)
69
Case Example
  • RULING
  • The fact that the in-home ABA providers are
    more highly trained, are better at record
    keeping, and may be better supervised than
    District staff does not support a conclusion that
    the Districts program does not meet legal
    standards

(Student v. Solana Beach SD Solana Beach SD v.
Student (OAH 2008).)
70
Parents as Providers
  • No legal requirement that districts hire parents
    to provide services, even if they are qualified

71
Case Example
  • FACTS
  • District offered a qualified health care
    assistant (HCA)
  • Students mother held a nurse assistant
    certification and a health care providers
    certificate

(Los Angeles USD v. Student Student v. Los
Angeles USD (OAH 2007).)
72
Case Example
  • RULING
  • The districts HCA was qualified
  • Therefore the district provided FAPE
  • Even if Students mother were more qualified, no
    legal authority requires the district to hire
    and/or pay Students mother

(Los Angeles USD v. Student Student v. Los
Angeles USD (OAH 2007).)
73
Q A
74
Break time!
Stretch
Next up All Things Considered
About PowerShow.com