amy vatner, esq. attorney & educational advocate starting off on sound footing
TRANSCRIPT
AMY VATNER, ESQ.ATTORNEY & EDUCATIONAL ADVOCATE
Starting Off on Sound Footing
The Year Begins and It’s Not Going Well
Ask the teacher – what is the best way to communicate with you?
Use email and learn to love the statement: “I have a concern about…”
When do I request a PPT?
In almost all instances, not before a month has passed and here is why
Prepping for the PPT
Do I give an agenda in advance? Pros and Cons
Prioritize and Plan
Do not get side-tracked (e.g. the bullying conversation)
Tools of the Trade Tip #1
If you are offering any document from outside the district (evaluation or letter of support), SEND IT IN ADVANCE OF THE PPT
Otherwise, your PPT may be hijacked and here’s how
Tools of the Trade Tip #2
Prepare to say “I know the team is doing so much, but it’s not working and here is why”
Get data to support the WHY. Think criterion-based tests.
To Tape or Not to Tape: That is the Question
My recommendation – Don’t tape
Here is why: Makes everyone nervous, overly combative Difficult to use in court later on Be smart – INSTEAD use the IEP summary itself (it’s a
legal document)or put together your “I have a concern emails”or hold a PPT just to state “I have a concern”
The written word is more powerful!
Tools of the Trade Tip #3: Expert letters
Who is writing the letter?Describe duration and type of relationship
with studentWhat is the basis for recommendationWhy will it AND ONLY it help the studentIf the student doesn’t get it, why and how will
it hurt the student?Data and evaluation must be simplifiedLetter can and should be under one page
Tools of the Trade Tip #4: Battle of the Experts
You’ve got great clinical support (in-person at PPT and letters) recommending a particular service or placement change BUT…
The district has its own clinical expert at the PPT who disagrees
What do you do?
A few tidbits about Residential Placements
Residential placement is appropriate only when a student is unable to receive FAPE in a less restrictive setting.
A district must consider the need for a residential placement if a student is not making progress in a therapeutic day program. Plainville Bd. Of Educ. V. R.N., 58 IDELR 257 (D. Conn. 2012)
Yes, that’s the residential portion too
If a placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including non-medical care and room and board, must be at no cost to parents of the child. 34 CFR 300.104
But when is a residential placement considered necessary under the law?
Legal Tests:
Needs are Inextricably Intertwined
Placement is Necessary for Educational Purpose
Primarily Oriented or Primary Purpose of Placement
An Interesting Take on the PPT Conversation
CADRE – National Center for Dispute Resolution in Special Education: A Tale of Two Conversations:
http://www.directionservice.org/cadre/PAvideo1.cfm#
