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2 interpreting and utilizing school records hb lead-conf

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HB Litigation Conferences Lead Litigation 2013

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2 interpreting and utilizing school records hb lead-conf

  1. 1. November 14-15, 2013
  2. 2. Dr. Lauren Ormsby Ripley Central School Elizabeth Shost Lipsitz & Ponterio LLC Stefanie M. Stewart Thomas Thomas & Hafer LLP
  3. 3.      MSASAUE: Making sense of the alphabet soup of acronyms used in education. Old or scant school records? Reading between the lines to define special education services. How to find "golden nuggets" in school records to help win your case. Can I use this information? Case law today on the admissibility of records. School records requests: What should I expect?
  4. 4. Making sense of the alphabet soup of acronyms used in education
  5. 5.  Academic Intervention Services (AIS) ◦ skill based (elementary) ◦ test preparation (middle and high school). ◦ State recommends based on State assessment results  Response to Intervention (RtI) ◦ Not mandatory ◦ schools are required to use a “tiered approach to instruction.” ◦ Should be part of data used in making classification determination.
  6. 6.     New York State Alternative Assessment (NYSAA) MOD-HSA and ALT-MSA (Maryland) These assessments are reserved for students who have the most severe cognitive impairments. Many states have a limit to the number of students in any given school who can take these assessments (ie. NYS 2% cap).
  7. 7. 504 IEP ADA IDEA One umbrella –From bee sting allergies and broken arms to ADHD 13 classifications Often used by district to formalize instructional support plans especially useful for transient students Very Specific eligibility requirements Often used for ADHD or students with LD that do not fit the criteria established by the state More intensive services available
  8. 8.     Alias: Emotionally Disturbed (ED), Emotional and Behavioral Disorder (EBD). Key to this classification are: to a marked degree, pervasive and adversely effects child’s academic performance Internal vs. External Use of term ED is controversial. When disability is comorbid (ie. Ed and ADHD) Districts often chose the alternative classification OHI.
  9. 9.  Things to look for in school records that are indicative of behavioral problems ◦ Classification of OHI ◦ Inclusion of Behavior Intervention Plan (BIP) in the IEP ◦ Discussion of a Functional Behavior Assessment (FBA) in Present Level of Expected Performance(PLEP) section. ◦ BASC-II- Internal ED
  10. 10.   New York State –Board of Cooperative Educational Services (BOCES) Variety of general and/or special education programs. ◦ Alternative Education ◦ Career and Technical Education (CTE, formerly VoTech) ◦ Self-contained classrooms all age levels. Students receive a IEP diploma
  11. 11.   Students receive a regular diploma and a certificate (in some programs an endorsement) Limits post-secondary options as the Math and Science offered not considered “rigorous” by many colleges.
  12. 12. Low IQ scores High grades in major content areas Possible special class setting. OHI but presence of BIP or behavioral goal on IEP Behavioral issues may be more significant than ADHD NYSAA indicated or IEP identified as diploma type More significant disability
  13. 13. Acronym Chart
  14. 14. Defendant
  15. 15. Parent Assessment or Background Information
  16. 16. Teachers' Comments
  17. 17. Plaintiff
  18. 18. Rochester School Records
  19. 19.  Record retention establishes minimum retention requirements. Individual School Boards may elect to create a retention policy that is longer than requirement.
  20. 20. 6 years after student graduates/would have graduated or 6 years after student attains age 21, whichever is shorter: ◦ ◦ ◦ ◦ Student information sheet Most recent year’s IEP Evaluation record Summary record
  21. 21.  6 years ◦ ◦ ◦ ◦ ◦ ◦ ◦ ◦ ◦ ◦ ◦ ◦ ◦ ◦ Attendance record Copy of high school transcript Student progress notes Referral form Individual evaluations Health record IEP’s (except most recent) Parent communication Agency communication Attendance/staff reports Behavior/staff changes records Test papers Psychologist notes and protocols Other special education records (ie. Behavior Intervention plan)
  22. 22.     Literature on lead exposure NYS and MD retention documentation Special Education Procedural Timeline Graphic Organizers Continuum of Services
  23. 23.     http://www.childadvocate.net http://www.ncld.org http://www.p12.nysed.gov/specialed/publica tions/policy/schoolagecontinuum.html Lidsky, T.I. & Schneider, J.S. (2005). Autism and autistic symptoms associated with childhood lead poisoning. The Journal of Applied Research, 5(1).
  24. 24.             Dr. Lauren Ormsby , Director of Special Education Ripley Central School 716-736-2631 Ext. 252 lormsby@ripley.wnyric.org Elizabeth Shost Lipsitz & Ponterio, LLC 716.849.0701 shostlaw@lipsitzponterio.com Stefanie Stewart Thomas Thomas & Hafer LLP 410.653.0460 sstewart@tthlaw.com

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