Lead Litigation Conference 2013

November 14-15, 2013

Interpreting and Utilizing School

Records

Dr. Lauren OrmsbyRipley Central School

The Speakers

Elizabeth ShostLipsitz & Ponterio LLC

Stefanie M. StewartThomas Thomas & Hafer LLP

Agenda 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?

MSASAUEMaking sense of the alphabet soup of

acronyms used in education

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.

General Education Academic Support Services

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).

Alternative Assessments

504ADA

One umbrella –From bee sting allergies and broken arms to ADHD

Often used by district to formalize instructional support plans

especially useful for transient students

Often used for ADHD or students with LD that do not fit the criteria

established by the state

IEPIDEA

13 classifications

Very Specific eligibility requirements

More intensive services available

504 vs. IEP

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.

Emotional Disturbance

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

Emotional Disturbance

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 Vo-

Tech)◦ Self-contained classrooms all age levels. Students

receive a IEP diploma

Vocational Education

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.

Vocational Schools

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

Other things to look for…

Acronym Chart

Golden NuggetsDefendant

Enrollment and Attendance Information

Parent Assessment or Background Information

Teachers' Comments

Golden NuggetsPlaintiff

Rochester School Records

School Records Retention Record retention establishes minimum

retention requirements. Individual School Boards may elect to create a retention policy that is longer than requirement.

NYS Retention Requirements6 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

NYS Retention Requirements 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)

MD Retention Requirements

MD Retention Requirements

Case Law: Admissibility

Literature on lead exposure NYS and MD retention documentation Special Education Procedural Timeline

Graphic Organizers Continuum of Services

Resources Available for Printing

Questions

References http://www.childadvocate.net http://www.ncld.org http://

www.p12.nysed.gov/specialed/publications/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).

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

Speaker Contact Info