Interactive Convention 2014 Learning Labs

Assessing the Risks: Specific Legal Issues

Surrounding Evaluations

Heather Rutland & Holly Wardell

Eichelbaum, Wardell, Hansen, Powell & Mehl, PC

6/2/2014

1

Heather R. Rutland

Holly Boyd Wardell

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ASSESSING, THE RISKSLegal Issues Surrounding Evaluations

TEXAS HEARING OFFICER

DECISIONS 2014

4 of the 5 to date involve evaluations

6/2/2014

2

Forney ISD, Dkt No. 066-SE-1013

School referred –

SI

SI –dismissed

504 ADHD & asthma

M req. sped testing –AU & OHI

Hearing Officer A. Lockwood

6/2/2014

3

Forney ISD, Dkt No. 066-SE-1013

FIE – tested for OHI; no educ’lneed for sped,

cont. 504

M withdrew student

Re-enrolled

Hearing Officer A. Lockwood

6/2/2014

4

Forney ISD, Dkt No. 066-SE-1013

M requested sped eval again –SI, AU, LD (math

& writing)

D refused –behind because

of ________; keep 504

504 meeting –note failing and

missing assignments

Hearing Officer A. Lockwood

6/2/2014

5

Forney ISD, Dkt No. 066-SE-1013

Summer 2013, M again requests sped

eval’n

D said “ok”

FIE fall 2013

FIE: DNQ – academic difficulties due to

misalignment between ____ and public school

curricula

Hearing Officer A. Lockwood

Forney ISD, Dkt No. 066-SE-1013

M withdrew S in Oct, concerned he would

get in trouble without sped supports

Sought IEE at Parent Expense

Requested DP Hearing

Hearing Officer A. Lockwood

6/2/2014

6

FIE APPROPRIATE?

UPDATED OHI INFO?

6/2/2014

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CREDENTIALS

EVALUATOR’S EXPERIENCE

• 44 evals since licensure

• ½ AU

• 4 observations

• Observed in class, lunch, hallways—but not in an academic class

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TEACHER REPORTS

TEACHER RESPONSES

6/2/2014

9

COMPARING PRIOR SCORES ACROSS ASSESSMENTS AND YEARS

Parent’s Expert Witness

6/2/2014

10

INSTRUMENTS USEDWoodcock-Johnson – LD

Test of Written Language (TOWL) – LD

writing

Comprehensive Assessment of Spoken

Language (CASL) –pragmatic language

Monteiro Interview Guidelines for Diagnosing

Asperger’s Syndrome (MIGDAS) – Asperger’s

(team approach)

Behavior Assessment System for Children

(BASC-II)

Gilliom Asperger’s Disorder Scale (GADS)

Childhood Autism Rating Scale (CARS-2)

Parent Versions of the Forms

6/2/2014

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Relative Proficiency Index

BOILER PLATE LANGUAGE FROM SOFTWARE PROGRAM

6/2/2014

12

TIMELINE

SHREDDING DOCUMENTS

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13

Last year’s teachers or this year’s teachers?

OBSERVE IN ACADEMIC CLASSES

6/2/2014

14

HEARING OFFICER:Failed to Timely Evaluate

Student success and progress

6/2/2014

15

HEARING OFFICER:Should have made him OHI based on 4 year old OHI form

OHI FORMS

6/2/2014

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HEARING MAKES ELIGIBLITY DETERMINATION: OHI

Relying on your assessments…

You’ve got good data. Use it!Who reads the reports?Are your IEPs based on your assessment data?

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Assessment Instruments

• Age appropriate?• Used for the audience intended?• Parent checklist?• Teacher checklist?• Self-rating form?• Administered in accordance with test maker’s

instructions/manual?

What if the parent will not return the protocols?

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TEACHER REPORTS

• Teacher checklists/protocols

• Do they understand the purpose?

• Do they understand the questions?

• How much time do they spend on these?

• Training/Instructions to teachers for filling out the forms

PARENTAL CONSENT

• When to obtain parental consent for testing?

• To what extent may parent dictate testing circumstances?

• What if parent refuses consent?

• Hearing officer jurisdiction

• TEA’s “stance” on refusal to consent

• Responding to requests for protocols

6/2/2014

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Consent for FBAsConsentIndependentBehavior ReviewCan draft a BIP without an FBA

Outside Evaluations

ConsiderDo not have to “accept” or “reject”

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Independent Educational Evaluations

CriteriaExceptions to criteriaNo time limitsPrior written noticeContractual provisions

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