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education Archives

How to Use FBA and BIP Information

The most important thing to understand about the relationship between FBAs and BIPs is that the findings of the FBA must ultimately be the foundation for the recommendations of the BIP.  The FBA exists to identify why the child is acting the way he or she is, while the BIP considers the information that the FBA has gathered and then uses it to develop the best plan going forward. 

Functional Behavior Assessments and Behavior Intervention Plans for Special Education Students

As a general rule, special education students have to be kept in their regular placement as determined in their Individualized Education Program (IEP).  However, at times special education students will misbehave and may be disciplined by removal from that regular placement.  In fact, research shows that special education students generally tend to get disciplined more often than their general education peers, and also that the discipline for them may often be longer and more severe.  Luckily, however, the law does offer protections for special education students, but parents have to use the law properly.  

Part 2: Handling Disagreements on Placements of Kids with 504s

Options for resolving disputes regarding a kid on a 504 plan are different than they are for students on an IEP.  They're not as efficient and speedy as options for resolving disputes concerning students on an IEP.  If there is a dispute involving a student on a 504 plan, school districts must conduct an impartial hearing when parents disagree with their child's identification, evaluation or placement.  The details are left up to the discretion of the school district and hearing officer.  Parents often are unhappy with this option, so they may choose to file a complaint with OCR. This complaint may or may not be accepted by OCR, it will take several months for OCR to deal with it and OCR has limited enforcement mechanisms.  OCR will threaten to pull funding from a school district for violations, but this is extraordinarily unlikely.  
Still, OCR can help parents and districts mediate disputes.  Plus, the possibility of OCR consequences normally is enough to get districts to remedy their behavior in case OCR has determined that a district has engaged in a discriminatory fashion. What's particularly frightening for districts is if a parent files suit in federal court under 42 USC 1983 (simply known as "1983") and can prove discrimination against their 504-protected child.  If a parent wins such a suit, the damages could be substantial, and the district would have to pay the parents' attorney fees, which easily could get in the tens or even hundreds of thousands in a federal case.  

Part 1: Handling Disagreements on Placements of Kids with IEPs

With respect to students on an IEP who are being disciplined, sometimes disagreements will arise between the child's parents, who believe that the problem behavior is a manifestation of the student's disability or a school's failure to properly implement the IEP, and the rest of the IEP team, who believe this not to be the case.  If this happens, it is a serious problem, and the school district is going to have to make some very important decisions.  Things for the district can turn very messy very quickly - not to mention very expensive - if there is a determined parent, and the district must make a decision as to whether it wants to have this fight or wants to work out some kind of a compromise with the parent. 

My Child is on an IEP and has been Suspended. What do I do?

First off, don't think that you're powerless.  Regardless of what the school may tell you, if your son or daughter has an IEP and has been suspended or is facing expulsion, you have a great deal of control over what happens next.  

Students in Medical Fields Should be Careful with Clinical Rotations

With the growth in the medical field, numerous students are now pursuing degrees allowing them to be a doctor, nurse, psychologist, pharmacist, CNA, dental hygenists or other type of health care provider.  This is a good development in the Denver, Colorado area because it will give consumers a wide range of options for service providers.

Students Facing Discipline Potentially Could be Protected by Special Education Laws

Under the Individuals with Disabilities Education Act (IDEA), if a student who has not been identified as requiring an Individualized Education Program (IEP) is facing removal from the regular educational setting - i.e., expulsion or an extended suspension - but a parent nevertheless believes the student may have a disability, the parent may request a special education evaluation.  This is a situation that occasionally will arise.

Kishinevsky & Raykin, Attorneys at Law
2851 South Parker Road, Suite 150
Aurora, CO 80014-2722

Phone: 720-863-4256
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