When a child has behavior problems that do not respond to standard interventions, a functional behavioral assessment (FBA) includes the following:

1.  A clear description of the problem behavior.

2.  Observations of the child at different times and in different settings.  These observations should record what was happening in the environment before the behavior occurred, what the actual behavior was, and what the student achieved as a result of the behavior.

3.  Positive behavioral interventions, strategies, and supports to address that behavior and to teach behavior skills.

Once the FBA has been completed, the results may be used to write a behavior intervention plan or to develop behavior goals for the Individualized Education Program.

The Individuals with Disabilities Education Act (IDEA) specifically requires an FBA whenever a child with a disability has his or her current placement changed for disciplinary reasons.  A FBA can be considered at other times, too.  You may request a FBA at any time if your child’s problem behaviors are becoming more difficult, or when the team cannot explain to you why the problem behaviors occur.

On June 28, 1982, in the U.S. Supreme Court decision, Board of Education of the Hendrick Hudson Central School District, Westchester County et al., versus Rowley by her parents Rowley et ux., the court determined FAPE (Free Appropriate Public Education) to be satisfied when the IEP (Individualized Education Plan) is reasonably calculated to enable the child to receive educational benefit.  Since that time the standard for progress in the IEP has been interpreted to mean “some educational progress.”  In the decision, it states, “The Act’s intent was more to open the door of public education to handicapped children by means of specialized educational services than to guarantee any particular substantive level of education once inside.”  However, in the sentence preceding this statement it states, “The Act’s legislative history shows that congress sought to make public education available to handicapped children, but did not intend to impose upon the States any greater substantive educational standard than is necessary to make such access to public education meaningful (emphasis added).

Since that time both the terms “some educational progress” and “meaningful progress” have been used.  In DB v. Sutton, 07-cv-40191-FDS (D.Mass.2009) language included requiring that at a minimum the school district must provide students with “a meaningful, beneficial educational opportunity.”  In Polk v. Central Susqehanna, 3rd Ci. 1988, “meaningful not merely trivial or ‘de mimimus’” language was used.  In 1997 in Fort Zumwalt School District v. Clynes, 8th Cir.,  that although the court determined the IEP and progress met the FAPE standard, there was a dissenting opinion describing the child’s achievement as “trivial” and argued “this cannot be the sort of education Congress had in mind when they enacted IDEA.”

Another consideration hearing officers and courts seem to utilize in determining whether or not the child has achieved some educational progress or meaningful progress includes whether or not the child is advancing from grade to grade and/or is making passing grades regardless of whether or not the child is at grade level.  For example, in Fort Zumwalt School District v. Clynes, the 8th Circuit emphasized Rowley’s “access to education” requirement and held marks advancing to the next grade, despite reading proficiency scores in the second to ninth percentile.  And in the Rowley decision itself it states “The grading and advancement system thus constitutes an important factor in determining educational benefit.  Children who graduate from our public school systems are considered by our society to have been ‘educated’ at least to the grade level they have completed, and access to an ‘education’ for handicapped children, is precisely what Congress sought to provide in the Act.”

Due process hearings and court decisions continue to refer back to the Rowley language.  It appears the amount of progress made by an individual, whether it is determined to be “some” or “meaningful” does not determine whether or not the child received FAPE.  It appears districts are being held to the FAPE standard by requiring the child to receive educational benefit that is designed to meet the child’s unique needs.

A new report from the New York Civil Liberties Union and the Student Safety Coalition shines light on the number of school suspensions in New York City that involve students with disabilities.  Over the last decade, students in special education accounted for approximately one-third of all suspensions in New York City public schools even though the students accounted for less than 18 percent of the district’s students.  The data comes from suspension records for New York City public schools between 1999 and 2009, obtained through a Freedom of Information Act request.

Come out, come out wherever you are for our 8th Annual Karaoke Fundraiser.  It will be held at South 94 Bistro in St. Charles on October 29th at 7:00 pm.  We will have special performances by staff members, a live auction, a raffle, and a 50/50.  Come dressed in costume for a “howling” good time.  Can’t sing?  No worries.  This night is all about fun and raising some money to support our cause.  All proceeds will benefit F.A.C.T.



Hey F.A.C.T. Friends:

Got any unwanted items taking up space in your garage, closets and storage spaces? How about donating those gently used, unwanted items to F.A.C.T.’s first ever garage sale fundraiser?

We are collecting items now through September. You may drop by the FACT office with your items Monday through Friday between the hours of 8:30 a.m. and 4:30 p.m.

Your donated items will be sold at our garage sale fundraiser and will go toward furthering the F.A.C.T. mission to mentor and empower families through advocacy and training to improve the quality of life and opportunities for children and young adults with disabilities.

In November 2010, people with disabilities, federal officials and advocates marked the 35th anniversary of IDEA.  Passage of the 1973 federal law guaranteed students with disabilities the right to a free, appropriate public education. 

Because of IDEA, America’s 6.7 million infants, toddlers, children and youth with disabilities are able to achieve educational levels that were not possible prior to the law’s enactment.  Before the law was passed, millions of students with disabilities were denied access to a public education.  Until 1969, for example, one state statute made it a crime for parents to insist that a child with disabilities be allowed to attend school if the superintendent denied access.  Today, 57 percent of students with disabilities spend at least 80 percent of their day within the regular school environment.  In 2007, nearly 60 percent of students with disabilities graduated high school with a regular diploma, compared to 32 percent 20 years earlier.  Even given these successes we need to keep working to maintain those rights and to expand educational opportunities for children with disabilities.

In October 2010, President Barack Obama signed two significant pieces of legislation for people with disabilities. 

“Rosa’s Law” changes references in federal statutes from “mental retardation” to “intellectual disability.”  Rosa’s Law is named after 9 year old Rosa Marcellion, who has Down Syndrome.  Her family worked to have the words “mentally retarded” officially removed from the health and education code in their home state of Maryland. 

The 21st Century Communications and Video Accessibility Act will make it easier for people who are deaf, blind or living with a visual impairment to take advantage of modern technology, from more accessible smart phones to closed captioning on the Web.  This new law was passed to ensure full participation in technology for Americans with disabilities.  It establishes new safeguards for disability access to internet based and digital communication technologies.

What do parents need to know about transportation? 

The Individuals with Disabilities Education Act (IDEA) includes transportation within its definition of “related services.”  This means that students with Individualized Education Programs (IEPs) have the right to receive special transportation services if it is needed.  Transportation and assistance may be provided to a child whose disability requires the child to:

1. Go to and from school

2. Travel between schools

3. Move around inside of school buildings or around the school grounds.

Some students with disabilities need special equipment such as separate or adapted buses, lifts, and ramps.

Jenny uses a power wheelchair to get around her school.  She has an IEP.  She needs ramps to get around safely inside the school and on the school grounds.  This need is included in her IEP.  Her IEP also includes the need for a bus with a wheelchair lift.  The school provides the bus which also picks up all the children in her neighborhood. 

Who decides if a child needs transportation services?

A child’s IEP team, which includes the parents, decides whether a child needs transportation services.  This is based on an assessment.  The school will arrange transportation if the IEP team decides that a child’s disability prevents him or her from:

1.  Using the same transportation as children who don’t have disabilities

2.  Going to and from school in the same way as children who do not have disabilities

Monty is a second grader.  Monty’s disability makes it hard for him to pay attention.  He has a poor sense of direction and poor problem solving abilities.  At his IEP meeting, the team decided that it would not be safe for Monty to travel to and from school.  He became lost twice on his way to the bus stop near his home, and was once picked up by the police after he missed the bus and wandered into traffic as he tried to get home. The IEP team included door-to-door transportation as part of his IEP.

A child’s IEP includes transportation as a related service.  Will the parent have to pay for this?

No.  The school must pay the cost of transportation services included in an IEP.

Jonah is a preschooler whose parents both work.  He attends day care in his neighborhood.  Jonah was screened by the public school and found to have a disability.  His IEP states that he is to receive speech therapy twice a week at his neighborhood school.  The school provides a bus to take him between his day care setting and the school where he receives therapy.  There is no charge for this service. 

Do all students with disabilities have the right to transportation?

No.  Only students with disabilities who need transportation services and have them included in the IEP receive them.

If transportation services are not in a child’s IEP, the child will be treated like all other children:

1.  If the school transports students without disabilities, the child with a disability will travel with them

2.  If the school does not provide transportation to students who don’t have disabilities, the child with a disability will not receive them

Sally has a disability but does not need special transportation, and it is not included in her IEP.  Her family lives less than one mile from school.  The school district does not provide transportation to students living less than a mile from school.  Sally will walk to school or the family will arrange another way for Sally to travel to and from school.

Do most children with disabilities need special transportation?

No.  Most children with disabilities are able to use the same transportation system as their classmates who don’t have disabilities.  Sometimes just adding special equipment or aides to school buses is all that is required for a student with a disability.

Carol has Attention Deficit Hyperactivity Disorder.  Sometimes she acts without thinking.  She rides to school on the bus with her neighborhood friends.  Carol’s IEP includes a positive behavior plan to help her learn to follow bus rules.  The bus driver and the bus aide received training to carry out Carol’s behavior plan.  They are responsible for putting the behavior plan into action as part of the IEP.

My son goes to private school.  Does he still have the right to transportation?

It depends.  Yes, if the IEP team placed your son in private school in order to receive special education and determined that he needed transportation based on his disability.  It would then be written into his IEP, and transportation would be provided.  However, if you placed your son in a private school as a matter of personal choice, the rules are different. 

Information from Alliance ACTion

From the Pacesetter – Winter 2011 bulletin:

A new study from the Consortium on Chicago School Research identifies “strong parent-community ties” as one of five essential supports for school improvement. 

“This research identifies parent and community involvement as necessary for improving schools,” says Heather Kilgore, director of the Minnesota Parent Center.  “It’s one more study that shows how important strong parent-school involvement is,” she says.  “Educators and parents can work together to help improve children’s learning.”

The long-term study of many schools in Chicago sought to find common strategies that improved school performance.  According to Organizing Schools for Improvement:  Lessons from Chicago by Anthony S. Bryk, the research identified “five essential supports for school improvement” that must be in place for classroom learning to improve.  Schools that were strong in all five areas were 10 times more likely to improve than those that were not.  Five essential supports for school improvement cited by the study are:

Strong and organized curriculum and guidance for teachers

Quality teachers who work together to improve teaching

Strong parent-community-school ties

A student-centered learning climate

School leadership that drives change

“This study shows that schools must reach out to help parents support their children’s learning, understand their students’ home culture and community, and access resources in the community,” Kilgore says.  “If schools are to improve, working with families is a necessity.”

Last week was Children’s Mental Health Awareness Week

Custody Relinquishment – What do you need to know?

Some parents are faced with a very difficult decision, they must choose to either keep their children at home without the means to give them the mental health and supportive services that they need or have their child placed in the child welfare and or juvenile justice systems to obtain mental health services. (1)

For youth placed in the child welfare system 52% will reunify with their caregivers, 20% will be adopted, and 10% will emancipate or age out of foster care.(2)

More than 1/3 of homes seeking to adopt a youth with special needs back out because of their prospective child’s emotional, mental or behavioral problems.(3)

Of youth who age out or emancipate from the foster care system, ¼ are incarcerated within two years and only ½ graduate from high school.(4)

Research on youth who emancipate from foster care suggests a nexus between foster care involvement and later episodes of homelessness.(5)

The majority (80%) of youth in foster care have developmental, emotional, or behavioral problems6 and yet, of this majority, less than 1/3 receive mental health services. (6)

Bottom line, placing a child or youth in the foster care system for mental health services can create more risk than it does supports. We should never ask parents to make such a decision.  

 “I believe that if my adoptive parents and I had better supports in our home, I could have stayed there.  Instead I was moved around and wound up homeless when I was 18 and still in high school.” – Eric Tennessee, Foster Care alumni (age 26)

Make a Change Today:

• Educate your legislators, and policy/local decision makers to support policies that keep families together
• Engage children and youth in community activities and services before they enter foster care

• Reach out and develop supportive, caring relationships with youth and their families

(1)United States General Accounting Office. Child Welfare and Juvenile Justice Federal Agencies Could Play a Stronger Role in   Helping States Reduce the Number of Children Placed Solely to Obtain Mental Health Services. Washington D.C.: United States General Accounting Office, 2003.

(2)http://www.acf.hhs.gov/programs/cb/stats_research/afcars/tar/report16.htm.3/16/2011

(3)http://www.acf.hhs.gov/programs/cb/pubs/barriers/family_3.htm#barriers  3/30/10

(4)Time for Reform: Aging Out and On Their Own. (2007). Kids are Waiting Fix foster Care Now. The Pew Charitable Trusts.

(5)Fernandes, A. L. (2007). Runaway and Homeless Youth:Demographics, Programs, and Emerging Issues. Washington D.C.: Congressional Research Service.

(6)http://www.cwla.org/programs/bhd/mhfacts.htm 3/30/09

 (7)Austin, Lisette. (2004) Mental Health Needs of Youth in Foster Care:  Challenges and Strategies. The Connection, 20(4).