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Microsoft PowerPoint - ELEVATE DRAFT 3.pptxFeaturing
A CONFERENCE FOR LEADERS
the unquestionable ability of man to
ELEVATE his life by conscious endeavor.
-- henry david thoreau
ELEVATE
or not, people
--eddie vedder
ELEVATE the soul to great things.
--denis diderot
AGENDA 9:00 – 10:00 A.M. STUDENT MENTAL HEALTH ISSUES
10:00 A.M. BREAK
11:30 – 1:00 P.M. LUNCH
2:30 – 3:45 P.M. LEADERSHIP CHECKLIST
3:45 P.M. ADJOURN
STUDENT MENTAL HEALTH BY THE NUMBERS:
•Research has shown that many mental health conditions originate in adolescence, and half of individuals living with mental illness experience onset by the age of 14. The number jumps to 75% by the age of 24.
•Suicide is the second leading cause of death in persons age 10 – 24, second only to “unintentional injuries”
•1 in 5 children ages 13-18 have, or will have, a mental illness
LEADING CAUSES OF DEATH IN TEXAS AGES 15-24
Copyright 2016: Walsh Gallegos 7
SUICIDE IS THE SECOND LEADING
CAUSE OF DEATH IN PERSONS AGE 10 – 24
HOMICIDE
DANGEROUS STUDENTS CHILDREN AS VICTIMS/CHILDREN AS AGGRESSORS
•Liability exposure for school
•The “Bystander Study”
(Secret Service 2008)
Most attackers engaged in some behavior prior to the incident that caused others concern or indicated a need for help.
Prior to the incidents, other people knew about the attacker’s idea and/or plan to attack.
http://www.secretservice.gov/data/protection/ntac/bystander_study.pdf
DEREK
DRUGS & ALCOHOL BY THE NUMBERS IN TEXAS
•Alcohol is the primary drug of abuse in Texas. In 2012, 58 percent of Texas
secondary school students in grades 7–12 had used alcohol
•12 percent of all secondary students said that when they drank, they usually
drank five or more beers at one time, and 11 percent reported binge
drinking of liquor
•Among Texas secondary students (grades 7–12), 26 percent in 2012 had
ever tried marijuana
Copyright 2016: Walsh Gallegos 10
•Grades 7–12 reported that lifetime use of powder and crack cocaine had dropped from a high of 9 percent in 1998 to 7 percent in 2012
•The 2012 Texas secondary school survey queried about use of other opiates “to get high,” and reported that 8 percent had ever used hydrocodone; 11 percent had ever consumed codeine cough syrup “to get high;” and 4 percent had ever used oxycodone in that manner.
NON-SUICIDAL SELF INJURY •It is estimated that one in eight middle and high school
students have participated in this risk-taking behavior
(Bakken & Gunter, 2012)
and are not intended for clinical diagnosis.
Copyright 2016: Walsh Gallegos 11
REASONS FOR TEEN CUTTING AND SELF- INJURY •The American Psychiatric Association (2013) stated that the self-injurer
uses the behavior to relieve negative feelings, induce positive emotions,
and resolve difficulty. Interestingly, self-injury is used to eliminate an
overabundance of emotions as well as to manage dissociation (Walsh,
2012).
•Youth experiencing chemical imbalances within the brain may injure to
release endorphins or experience a “high.” Much like drug use, a person
may develop cravings for these brain chemicals and even experience a
form of addiction (Higgins, 2014).
TEEN SELF INJURY, CONTINUED •Students come from diverse backgrounds: may be
gifted or have learning disabilities, may be outgoing or
introverted, may be popular or non-popular among
peers
treatment
HILARY
HTTPS://WWW.YOUTUBE.COM/WATCH?V=LJEQWWW-XZI&FEATURE=YOUTU.BE&APP=DESKTOP
SCHOOL RESPONSIBILITY/CHILD FIND •N.M. v. Wyoming Valley West School District, 67 IDELR 235 (M.D. Pa.
2016)
This is an ADA/504 case, but the underlying issue is child find. The court refused to dismiss the case at this stage, noting that the parents had sufficiently plead a case of deliberate indifference based on the fact that the student was in a hospital that is located within district boundaries and the received no services during the 70-day stay. The court cited testimony from the director of special education that she was aware of the student’s presence at the hospital prior to discharge.
Copyright 2016: Walsh Gallegos 13
P.P. v. Compton USD, 66 IDELR 121 (C.D. Cal. 2015)
The court refused to dismiss this class action, seeking relief under 504
and the ADA for students as well as teachers adversely affected by
trauma. The students allege that exposure to traumatic events
“profoundly affect their psychological, emotional, and physical well-
being.” The school argued that physical or mental impairments do not
include poverty and environmental factors, and thus these students are
not “disabled.”
•Key quote: “the court does not endorse the legal position that exposure to two or more traumatic events is, without more, a cognizable disability under either of the act. The court simply acknowledges the allegations that exposure to traumatic events might cause physical or mental impairments that could be cognizable as disabilities under the two acts.
•Here’s a new term to add to your vocabulary: “trauma-sensitive schools.”
•The court denied the plaintiffs’ request for a mandatory preliminary injunction that would have required district-wide trauma awareness training. The court noted that such remedies should not be granted without evidence that they are needed to prevent extreme and very serious damage. This lengthy opinion is at 66 IDELR 161. That same day, the court denied class certification for the case in another lengthy opinion: 66 IDELR 162.
Copyright 2016: Walsh Gallegos 14
COMMUNITY CONVERSATIONS
WHAT ABOUT OTHER AGENCIES? A CANDID CONVERSATION
•https://www.dshs.texas.gov/mhsa/mh-child-
adolescent-services/
•Child Protective Services
A DEEPER LOOK AT SCHOOL RESPONSIBILITIES •When a medical assessment is required, the district, not the parents, is
responsible for arranging and paying for the assessment under the IDEA and Section 504. 71 Fed. Reg. 46,550 through 73 Fed. Reg. 46,551 (2006); and Letter to Veir, 20 IDELR 864 (OCR 1993).
•A school district, in a state that requires a medical evaluation as part of a determination of OHI, can be held liable for the failure to conduct that medical evaluation. In a case involving a student with a high rate of absenteeism, asthma and anxiety, the district was held liable under the IDEA for failing to conduct a medical evaluation. Independent Sch. Dist. No. 413, Marshall v. H.M.J., 66 IDELR 41 (D. Minn. 2015).
Copyright 2016: Walsh Gallegos 16
DISCUSSION POINTS: COLLABORATION WITH YOUR COLLEAGUES
the role of a clown and a physician are the same - it's to
ELEVATE the possible and to relieve suffering
--patch adams
LEADERSHIP ROUND TABLE
NOTES:
THE LAW •Texas Education Code 29.022
•http://www.statutes.legis.state.tx.us/docs/ed/htm/ed.29.htm
•http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl= R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac= &ti=19&pt=2&ch=103&rl=1301
THE HISTORY “…as written, the bill does not clearly address the number of classrooms affected by a single request. as the authors of SB 507, we wish to provide legislative intent. a request by a teacher or parent/guardian to install cameras requires installation only in the classroom where the teacher offers instruction or the child/dependent attends class. this ensures protections in special education environments while responsibly containing costs for large districts.”
AUTHORS OF THE BILL SENATOR EDDIE LUCIO AND STATE REP SENFRONIA THOMPSON (LTR TO TEA)
Copyright 2016: Walsh Gallegos 20
•On March 11, 2016, TEA requested clarification from the AG
•On September 13, 2016, TEA received the AG Opinion Letter. Per the AG, the legislative intent letter to TEA is not relevant, “legislators are bound by the words they vote into law, not post-enactment letters” and that a strict interpretation of the law should be made. The AG also opined that -- •One request for a camera = cameras for all self-contained classrooms on
all campuses in district •Any staff member in the district can make the request for a camera •Video equipment should stay in place as long as the classroom continues
to meet the criteria of a self-contained classroom
THE FALLOUT AG OPINION LETTERS ARE NOT BINDING. As noted by the AG himself, “courts have
stated that attorney general opinions are highly persuasive and are entitled to great
weight; however, the ultimate determination of a law's applicability, meaning or
constitutionality is left to the courts.”
POTENTIAL LEGISLATIVE ACTION ON THE HORIZON: On September 15, 2016, Sen.
Lucio said he plans to draft a clarification bill when the regular session starts in
January.
TASB’S POSITION:
If TEA revises the Commissioner’s Rules in response to the AG
opinion, TASB policy service will evaluate whether changes are
needed to the materials at EHBAF and communicate any
changes. For the time being, TASB is stating that the EHBAF(LOCAL)
recommended at Update 106 addresses all of the local policy
components required by current commissioner rule and other best
practice recommendations. Therefore, TASB policy service does not
plan to revise the EHBAF materials at this time.
•TEA COMMISSIONER’S RULES:
Copyright 2016: Walsh Gallegos 22
•“Based on the Texas Attorney General’s opinion that the definition
of “staff member” in TEA’s rules is more restrictive than the plain
language in the statute, TEA will propose revisions to the
definition as well as propose several minor edits for purposes of
clarity…To the extent that a school district or open-enrollment
charter school has adopted policies that are inconsistent with the
Texas Attorney General’s opinion, it would be well advised to
revise the policies consistent with the opinion.”
SHOULD WE CHANGE OUR OGs?
•PROS •CONS
•DEADLINE TO COMPLY -
•The Bill "applies beginning with the 2016-2017 school year,"
which is being interpreted to mean at least the last day of
school for the 2016-2017 school year, and possibly into July
or August if ESY programming is taken into account.
DISCUSSION
it should be your care, therefore, and mine, to
ELEVATE
exalt their courage
THE TEN TRAITS OF HIGHLY EFFECTIVE LEADERS
•What is leadership?
“management”? Or “administration”?
DISCUSSION
you're
ELEVATED because you're with a bunch of guys that want
to do the same thing as you.
and when it works, baby, you've got wings.
--keith richards
THE TRIP TO ABILENE “Organizations frequently take actions in contradiction to what they really want to do and therefore defeat the very purposes they are trying to achieve.”
--Jerry B. Harvey, The Abilene Paradox: The Management of Agreement
Copyright 2016: Walsh Gallegos 27
WE’RE ALL IN THIS TOGETHER—SO WHO LEADS US FORWARD?
Think back to your job interview • What experience do you have that will lend itself to this position? • What challenges are you looking for in this position? • Have you ever had a conflict with a boss or a colleague? How was it resolved?
THE EVOLUTION OF CAMPUS LEADERSHIP (GENERALLY):
Copyright 2016: Walsh Gallegos 28
THE EVOLUTION OF SPECIAL EDUCATION:
NATURAL TENSIONS DEVELOP •Teachers (class and curriculum)
• Increased teaching demands and an
ever growing and diverse student
population
Copyright 2016: Walsh Gallegos 29
CHALLENGES
COMMON ISSUES RELATED TO CAMPUS ADMINISTRATION
We need a “representative of the public agency” at the meeting. Is your
campus administrator qualified?
This person must be “qualified to provide, or supervise the provision of”
special education.
Must be “knowledgeable about the general education curriculum.”
Must know about the “availability of resources” of the school. 34 CFR
300.321.
“It is important, however, that the agency representative have
the authority to commit agency resources and be able to ensure
that whatever services are described in the IEP will actually be
provided.” DOE says it does not need to put this in regulation, as
“the public agency will be bound by the IEP that is developed at
an IEP team meeting.” 71 Federal Register 46670 (2006).
IMPORTANT COMMENTARY
The district is “bound by” the decisions made at the ARD.
Note also: the representative must “be able to ensure that
whatever services are described in the IEP will actually be
provided.” This has to do with follow-through.
IMPLICATIONS
Are the decisions of the ARD committee being implemented as
written? Are we holding teachers accountable? Are we ensuring
resources are accessed and used?
Are we aware of what is happening in special education
classrooms…
H.H. v. Moffett, 52 IDELR 242 (4th Cir. 2009).
The court held that neither the teacher nor the aide was entitled
to qualified immunity from personal liability. The suit alleged that
the teacher and aide kept the child confined to a wheelchair
through the entire school day, even though this was not necessary.
The suit alleged that this was done maliciously, rather than for any
educational purpose, and that it was accompanied by mocking and
disparaging comments to the student. The constitutional right at
stake was the right to be free from unreasonable restraint.
Copyright 2016: Walsh Gallegos 33
Key quote:
We stress that appellees’ facts make this an unusual case, and our opinion is one that no reasonable teacher who errs in judgment ought to fear. Qualified immunity is intended to protect officials who make reasonable mistakes about the law. [Cite omitted]. But the immunity simply does not extend protection to an official motivated by the kind of bad faith alleged here.
Some of the allegations in this case were based on information obtained from a recording device the parent attached to the child’s wheelchair. The fact that the child, a kindergarten student, had limited ability to communicate, due to her disabilities, was also a factor.
We should look to the campus administrator for leadership at the
ARDC meeting.
Special education staff should support and facilitate this.
A leader leads first by example in how she or he attends the ARDC
meeting. So let us consider the word “attend.”
THE LEADER
•Some of the ways the word “attend” is defined:
•To take care of, minister to, devote one’s services to; tend, guard,
take charge of, look after, watch over.
•Nowhere does it say “sit in the room while your mind is
elsewhere.”
•Nowhere does it say “work on your phone during the meeting.”
ATTENDING THE ARD
needs to ask the three key questions:
Is this worth fighting over?
Are we legally defensible?
THE HARD ARD
Bringing the meeting to closure without consensus involves
knowing the Texas recess rule:
“If a recess is implemented…and the ARD committee still
cannot reach mutual agreement, the school district must
implement the IEP that it has determined to be
appropriate for the student.” 19 Tex. Admin. Code
89.1050(g)(3)
•the name, position, and signature of each member
participating in the meeting; and
•an indication of whether the child's parents, the adult
student, if applicable, and the administrator agreed or
disagreed with the decisions of the committee.
TEC 29.005(b-1)
Copyright 2016: Walsh Gallegos 36
Despite the law’s emphasis on “rights,” the entire system of special
education decision-making is based on a collaborative model.
Consensus is the goal. Reasonableness is the standard. We must be
aware of the legal background, but should focus on
reasonableness. In a special education legal dispute, the unspoken
issue is always: which side is being unreasonable here?
RIGHTS TO RIGHTEOUS…
educators must maintain their focus on serving the student
appropriately.
Courtesy, kindness, patience, compassion are all called for. And
we lawyers will always remind you to document your kindness and
compassion.
IMPLICATIONS
•It’s hard to be the newcomer.
•Make a list for the principal: “Times when I’d like you to
call me.” Ask the principal to do the same.
•Continue going back to first things first: how can we work
together to be successful?
ELEVATE
THANK YOU!
WALSH GALLEGOS TREVIÑO RUSSO & KYLE P.C. [email protected] www.walshgallegos.com 713-789-6864
The information in this presentation was created by WALSH GALLEGOS TREVIÑO RUSSO & KYLE P.C. It is intended to be used for general information only and is not to be considered specific legal advice.
If specific legal advice is sought, consult an attorney.
|
the law firm of Walsh Gallegos, where she
has represented the legal interests of Texas
public school districts for more than 20
years. Five years ago, Paula opened the law
firm’s Houston office, where her practice
focuses on special education litigation and
related matters. She is a frequently sought
after attorney and speaker. Paula is a proud
product of Texas public schools and a family
of educators and public servants.
Her father served as a school board
member for 17 years. Her mother is a
former superintendent of schools
school principal. Paula and her
husband have two daughters, both
enrolled in Texas public schools.
YOUR PRESENTER
REFERENCES/CITED WORKS
A CONFERENCE FOR LEADERS
the unquestionable ability of man to
ELEVATE his life by conscious endeavor.
-- henry david thoreau
ELEVATE
or not, people
--eddie vedder
ELEVATE the soul to great things.
--denis diderot
AGENDA 9:00 – 10:00 A.M. STUDENT MENTAL HEALTH ISSUES
10:00 A.M. BREAK
11:30 – 1:00 P.M. LUNCH
2:30 – 3:45 P.M. LEADERSHIP CHECKLIST
3:45 P.M. ADJOURN
STUDENT MENTAL HEALTH BY THE NUMBERS:
•Research has shown that many mental health conditions originate in adolescence, and half of individuals living with mental illness experience onset by the age of 14. The number jumps to 75% by the age of 24.
•Suicide is the second leading cause of death in persons age 10 – 24, second only to “unintentional injuries”
•1 in 5 children ages 13-18 have, or will have, a mental illness
LEADING CAUSES OF DEATH IN TEXAS AGES 15-24
Copyright 2016: Walsh Gallegos 7
SUICIDE IS THE SECOND LEADING
CAUSE OF DEATH IN PERSONS AGE 10 – 24
HOMICIDE
DANGEROUS STUDENTS CHILDREN AS VICTIMS/CHILDREN AS AGGRESSORS
•Liability exposure for school
•The “Bystander Study”
(Secret Service 2008)
Most attackers engaged in some behavior prior to the incident that caused others concern or indicated a need for help.
Prior to the incidents, other people knew about the attacker’s idea and/or plan to attack.
http://www.secretservice.gov/data/protection/ntac/bystander_study.pdf
DEREK
DRUGS & ALCOHOL BY THE NUMBERS IN TEXAS
•Alcohol is the primary drug of abuse in Texas. In 2012, 58 percent of Texas
secondary school students in grades 7–12 had used alcohol
•12 percent of all secondary students said that when they drank, they usually
drank five or more beers at one time, and 11 percent reported binge
drinking of liquor
•Among Texas secondary students (grades 7–12), 26 percent in 2012 had
ever tried marijuana
Copyright 2016: Walsh Gallegos 10
•Grades 7–12 reported that lifetime use of powder and crack cocaine had dropped from a high of 9 percent in 1998 to 7 percent in 2012
•The 2012 Texas secondary school survey queried about use of other opiates “to get high,” and reported that 8 percent had ever used hydrocodone; 11 percent had ever consumed codeine cough syrup “to get high;” and 4 percent had ever used oxycodone in that manner.
NON-SUICIDAL SELF INJURY •It is estimated that one in eight middle and high school
students have participated in this risk-taking behavior
(Bakken & Gunter, 2012)
and are not intended for clinical diagnosis.
Copyright 2016: Walsh Gallegos 11
REASONS FOR TEEN CUTTING AND SELF- INJURY •The American Psychiatric Association (2013) stated that the self-injurer
uses the behavior to relieve negative feelings, induce positive emotions,
and resolve difficulty. Interestingly, self-injury is used to eliminate an
overabundance of emotions as well as to manage dissociation (Walsh,
2012).
•Youth experiencing chemical imbalances within the brain may injure to
release endorphins or experience a “high.” Much like drug use, a person
may develop cravings for these brain chemicals and even experience a
form of addiction (Higgins, 2014).
TEEN SELF INJURY, CONTINUED •Students come from diverse backgrounds: may be
gifted or have learning disabilities, may be outgoing or
introverted, may be popular or non-popular among
peers
treatment
HILARY
HTTPS://WWW.YOUTUBE.COM/WATCH?V=LJEQWWW-XZI&FEATURE=YOUTU.BE&APP=DESKTOP
SCHOOL RESPONSIBILITY/CHILD FIND •N.M. v. Wyoming Valley West School District, 67 IDELR 235 (M.D. Pa.
2016)
This is an ADA/504 case, but the underlying issue is child find. The court refused to dismiss the case at this stage, noting that the parents had sufficiently plead a case of deliberate indifference based on the fact that the student was in a hospital that is located within district boundaries and the received no services during the 70-day stay. The court cited testimony from the director of special education that she was aware of the student’s presence at the hospital prior to discharge.
Copyright 2016: Walsh Gallegos 13
P.P. v. Compton USD, 66 IDELR 121 (C.D. Cal. 2015)
The court refused to dismiss this class action, seeking relief under 504
and the ADA for students as well as teachers adversely affected by
trauma. The students allege that exposure to traumatic events
“profoundly affect their psychological, emotional, and physical well-
being.” The school argued that physical or mental impairments do not
include poverty and environmental factors, and thus these students are
not “disabled.”
•Key quote: “the court does not endorse the legal position that exposure to two or more traumatic events is, without more, a cognizable disability under either of the act. The court simply acknowledges the allegations that exposure to traumatic events might cause physical or mental impairments that could be cognizable as disabilities under the two acts.
•Here’s a new term to add to your vocabulary: “trauma-sensitive schools.”
•The court denied the plaintiffs’ request for a mandatory preliminary injunction that would have required district-wide trauma awareness training. The court noted that such remedies should not be granted without evidence that they are needed to prevent extreme and very serious damage. This lengthy opinion is at 66 IDELR 161. That same day, the court denied class certification for the case in another lengthy opinion: 66 IDELR 162.
Copyright 2016: Walsh Gallegos 14
COMMUNITY CONVERSATIONS
WHAT ABOUT OTHER AGENCIES? A CANDID CONVERSATION
•https://www.dshs.texas.gov/mhsa/mh-child-
adolescent-services/
•Child Protective Services
A DEEPER LOOK AT SCHOOL RESPONSIBILITIES •When a medical assessment is required, the district, not the parents, is
responsible for arranging and paying for the assessment under the IDEA and Section 504. 71 Fed. Reg. 46,550 through 73 Fed. Reg. 46,551 (2006); and Letter to Veir, 20 IDELR 864 (OCR 1993).
•A school district, in a state that requires a medical evaluation as part of a determination of OHI, can be held liable for the failure to conduct that medical evaluation. In a case involving a student with a high rate of absenteeism, asthma and anxiety, the district was held liable under the IDEA for failing to conduct a medical evaluation. Independent Sch. Dist. No. 413, Marshall v. H.M.J., 66 IDELR 41 (D. Minn. 2015).
Copyright 2016: Walsh Gallegos 16
DISCUSSION POINTS: COLLABORATION WITH YOUR COLLEAGUES
the role of a clown and a physician are the same - it's to
ELEVATE the possible and to relieve suffering
--patch adams
LEADERSHIP ROUND TABLE
NOTES:
THE LAW •Texas Education Code 29.022
•http://www.statutes.legis.state.tx.us/docs/ed/htm/ed.29.htm
•http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl= R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac= &ti=19&pt=2&ch=103&rl=1301
THE HISTORY “…as written, the bill does not clearly address the number of classrooms affected by a single request. as the authors of SB 507, we wish to provide legislative intent. a request by a teacher or parent/guardian to install cameras requires installation only in the classroom where the teacher offers instruction or the child/dependent attends class. this ensures protections in special education environments while responsibly containing costs for large districts.”
AUTHORS OF THE BILL SENATOR EDDIE LUCIO AND STATE REP SENFRONIA THOMPSON (LTR TO TEA)
Copyright 2016: Walsh Gallegos 20
•On March 11, 2016, TEA requested clarification from the AG
•On September 13, 2016, TEA received the AG Opinion Letter. Per the AG, the legislative intent letter to TEA is not relevant, “legislators are bound by the words they vote into law, not post-enactment letters” and that a strict interpretation of the law should be made. The AG also opined that -- •One request for a camera = cameras for all self-contained classrooms on
all campuses in district •Any staff member in the district can make the request for a camera •Video equipment should stay in place as long as the classroom continues
to meet the criteria of a self-contained classroom
THE FALLOUT AG OPINION LETTERS ARE NOT BINDING. As noted by the AG himself, “courts have
stated that attorney general opinions are highly persuasive and are entitled to great
weight; however, the ultimate determination of a law's applicability, meaning or
constitutionality is left to the courts.”
POTENTIAL LEGISLATIVE ACTION ON THE HORIZON: On September 15, 2016, Sen.
Lucio said he plans to draft a clarification bill when the regular session starts in
January.
TASB’S POSITION:
If TEA revises the Commissioner’s Rules in response to the AG
opinion, TASB policy service will evaluate whether changes are
needed to the materials at EHBAF and communicate any
changes. For the time being, TASB is stating that the EHBAF(LOCAL)
recommended at Update 106 addresses all of the local policy
components required by current commissioner rule and other best
practice recommendations. Therefore, TASB policy service does not
plan to revise the EHBAF materials at this time.
•TEA COMMISSIONER’S RULES:
Copyright 2016: Walsh Gallegos 22
•“Based on the Texas Attorney General’s opinion that the definition
of “staff member” in TEA’s rules is more restrictive than the plain
language in the statute, TEA will propose revisions to the
definition as well as propose several minor edits for purposes of
clarity…To the extent that a school district or open-enrollment
charter school has adopted policies that are inconsistent with the
Texas Attorney General’s opinion, it would be well advised to
revise the policies consistent with the opinion.”
SHOULD WE CHANGE OUR OGs?
•PROS •CONS
•DEADLINE TO COMPLY -
•The Bill "applies beginning with the 2016-2017 school year,"
which is being interpreted to mean at least the last day of
school for the 2016-2017 school year, and possibly into July
or August if ESY programming is taken into account.
DISCUSSION
it should be your care, therefore, and mine, to
ELEVATE
exalt their courage
THE TEN TRAITS OF HIGHLY EFFECTIVE LEADERS
•What is leadership?
“management”? Or “administration”?
DISCUSSION
you're
ELEVATED because you're with a bunch of guys that want
to do the same thing as you.
and when it works, baby, you've got wings.
--keith richards
THE TRIP TO ABILENE “Organizations frequently take actions in contradiction to what they really want to do and therefore defeat the very purposes they are trying to achieve.”
--Jerry B. Harvey, The Abilene Paradox: The Management of Agreement
Copyright 2016: Walsh Gallegos 27
WE’RE ALL IN THIS TOGETHER—SO WHO LEADS US FORWARD?
Think back to your job interview • What experience do you have that will lend itself to this position? • What challenges are you looking for in this position? • Have you ever had a conflict with a boss or a colleague? How was it resolved?
THE EVOLUTION OF CAMPUS LEADERSHIP (GENERALLY):
Copyright 2016: Walsh Gallegos 28
THE EVOLUTION OF SPECIAL EDUCATION:
NATURAL TENSIONS DEVELOP •Teachers (class and curriculum)
• Increased teaching demands and an
ever growing and diverse student
population
Copyright 2016: Walsh Gallegos 29
CHALLENGES
COMMON ISSUES RELATED TO CAMPUS ADMINISTRATION
We need a “representative of the public agency” at the meeting. Is your
campus administrator qualified?
This person must be “qualified to provide, or supervise the provision of”
special education.
Must be “knowledgeable about the general education curriculum.”
Must know about the “availability of resources” of the school. 34 CFR
300.321.
“It is important, however, that the agency representative have
the authority to commit agency resources and be able to ensure
that whatever services are described in the IEP will actually be
provided.” DOE says it does not need to put this in regulation, as
“the public agency will be bound by the IEP that is developed at
an IEP team meeting.” 71 Federal Register 46670 (2006).
IMPORTANT COMMENTARY
The district is “bound by” the decisions made at the ARD.
Note also: the representative must “be able to ensure that
whatever services are described in the IEP will actually be
provided.” This has to do with follow-through.
IMPLICATIONS
Are the decisions of the ARD committee being implemented as
written? Are we holding teachers accountable? Are we ensuring
resources are accessed and used?
Are we aware of what is happening in special education
classrooms…
H.H. v. Moffett, 52 IDELR 242 (4th Cir. 2009).
The court held that neither the teacher nor the aide was entitled
to qualified immunity from personal liability. The suit alleged that
the teacher and aide kept the child confined to a wheelchair
through the entire school day, even though this was not necessary.
The suit alleged that this was done maliciously, rather than for any
educational purpose, and that it was accompanied by mocking and
disparaging comments to the student. The constitutional right at
stake was the right to be free from unreasonable restraint.
Copyright 2016: Walsh Gallegos 33
Key quote:
We stress that appellees’ facts make this an unusual case, and our opinion is one that no reasonable teacher who errs in judgment ought to fear. Qualified immunity is intended to protect officials who make reasonable mistakes about the law. [Cite omitted]. But the immunity simply does not extend protection to an official motivated by the kind of bad faith alleged here.
Some of the allegations in this case were based on information obtained from a recording device the parent attached to the child’s wheelchair. The fact that the child, a kindergarten student, had limited ability to communicate, due to her disabilities, was also a factor.
We should look to the campus administrator for leadership at the
ARDC meeting.
Special education staff should support and facilitate this.
A leader leads first by example in how she or he attends the ARDC
meeting. So let us consider the word “attend.”
THE LEADER
•Some of the ways the word “attend” is defined:
•To take care of, minister to, devote one’s services to; tend, guard,
take charge of, look after, watch over.
•Nowhere does it say “sit in the room while your mind is
elsewhere.”
•Nowhere does it say “work on your phone during the meeting.”
ATTENDING THE ARD
needs to ask the three key questions:
Is this worth fighting over?
Are we legally defensible?
THE HARD ARD
Bringing the meeting to closure without consensus involves
knowing the Texas recess rule:
“If a recess is implemented…and the ARD committee still
cannot reach mutual agreement, the school district must
implement the IEP that it has determined to be
appropriate for the student.” 19 Tex. Admin. Code
89.1050(g)(3)
•the name, position, and signature of each member
participating in the meeting; and
•an indication of whether the child's parents, the adult
student, if applicable, and the administrator agreed or
disagreed with the decisions of the committee.
TEC 29.005(b-1)
Copyright 2016: Walsh Gallegos 36
Despite the law’s emphasis on “rights,” the entire system of special
education decision-making is based on a collaborative model.
Consensus is the goal. Reasonableness is the standard. We must be
aware of the legal background, but should focus on
reasonableness. In a special education legal dispute, the unspoken
issue is always: which side is being unreasonable here?
RIGHTS TO RIGHTEOUS…
educators must maintain their focus on serving the student
appropriately.
Courtesy, kindness, patience, compassion are all called for. And
we lawyers will always remind you to document your kindness and
compassion.
IMPLICATIONS
•It’s hard to be the newcomer.
•Make a list for the principal: “Times when I’d like you to
call me.” Ask the principal to do the same.
•Continue going back to first things first: how can we work
together to be successful?
ELEVATE
THANK YOU!
WALSH GALLEGOS TREVIÑO RUSSO & KYLE P.C. [email protected] www.walshgallegos.com 713-789-6864
The information in this presentation was created by WALSH GALLEGOS TREVIÑO RUSSO & KYLE P.C. It is intended to be used for general information only and is not to be considered specific legal advice.
If specific legal advice is sought, consult an attorney.
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the law firm of Walsh Gallegos, where she
has represented the legal interests of Texas
public school districts for more than 20
years. Five years ago, Paula opened the law
firm’s Houston office, where her practice
focuses on special education litigation and
related matters. She is a frequently sought
after attorney and speaker. Paula is a proud
product of Texas public schools and a family
of educators and public servants.
Her father served as a school board
member for 17 years. Her mother is a
former superintendent of schools
school principal. Paula and her
husband have two daughters, both
enrolled in Texas public schools.
YOUR PRESENTER
REFERENCES/CITED WORKS