February 2014 FAQs

FAQs

 

 

 

Q: Am I allowed to videotape a student in my class?

A: Our KPBSD Special Education Manual provides information regarding videotaping students. It says:  (1) Parent / Guardian permission should be acquired before recording – explanation of purpose should be shared with parents (purpose cannot be to document behaviors or to show parents how a student acts at school); (2) No emailing of videos – use thumb drive or disc to share with team members (limit number of copies) or view as a group; (3) Video copies are considered part of a working file and should be destroyed after use or the current academic year; (4) No other students may be included in the video; (5) Video recordings are to be taken on borough-labeled devices only, not on personal phones or devices.   Notify your program coordinator if you have a need to videotape a student in your class.

Q: I have a student who has been suspended long term. How do I know what services need to be provided while the student is out?

A: The most famous legal answer for a situation like this is “It depends!” It depends because the law requires that “the child is afforded the opportunity to continue to appropriately progress in the general curriculum, continue to receive the IEP services and continue to participate with non-disabled children to the extent they would in their current placement.” In order to accomplish this, the IEP team, including a general education teacher, must meet to make an individualized determination for that student. A general guideline is to provide at least the amount of service time allocated in the student’s IEP; however that may be too much or not enough depending on the suspension, situation, placement, etc. When in doubt, consult your program coordinator!

Q: I have an student in an intensive needs / self-contained classroom who doesn’t participate in a general education class at all. Am I required to have a general education teacher at the IEP meeting?

A: The answer is once again, “It depends! (but usually yes)” IDEA says that members of the IEP team include “not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment).” Their role is specifically to assist with the “determination of (i) Appropriate positive behavioral interventions and supports and other strategies for the child; and (ii) Supplementary aids and services, program modifications, and support for school personnel.” With those legal requirements in mind, there could be a perception to the team, the parent and to the student if a general ed teacher is not present – “this child is not or may not ever participate in the general ed environment.” Input from a general ed teacher assists teams for ALL students and even if not currently participating in general ed classes, all students should have the expertise of a general ed teacher available at their IEP meetings.

February 2012 FAQs

Q:  I send emails about students all the time. What is acceptable to put in emails and what is the best way to identify the student?
A:  As you read earlier in the newsletter, nearly any way that you might refer to a student in an email (initials, name, student number, etc.) would cause that email to include “personally identifiable information.” In an email, you may refer to a student in the way that is most comfortable for you. Anyway that you do, though, identifies that student. Therefore, you need to consider two things:

1. Using less obvious identifiers such as initials will maintain greater confidentiality if the email is sent to the wrong person (just make sure the person you are sending it to knows who you are talking about).

2. More importantly, it isn’t as much how you identify the student, but more what you say about the student. you would not want information from an email to become public, then don’t write it! Make a phone call instead!

One recommendation is to use initials in the subject line and the student’s name in the body. By using initials in the subject line, if you leave your email screen open and someone walks by, they won’t see names of students.

Also, don’t hold on to emails indefinitely. Use what you need and delete them. Once they are deleted and not “stored” in any electronic file or folder, it is not considered a student record.

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Q: I am holding my 3-year in March, but I already held my annual review this year. Why do I need to do the IEP again?
A:  Consider it the “3-year re-evaluation cycle.” For every evaluation cycle, there is a pre-evaluation to determine assessments, an eligibility meeting to review the assessments, and an IEP to document changes based on information gathered from the assessments. So, even though you already held the IEP annual for the year, your eligibility/ESER has to conclude with a review of the IEP, and hence, an IEP document. If you refer to our IEP checklist, you will see all the documents that need to be submitted with a 3-year re-evaluation, and an IEP is one of them!

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Q: Do I really have to hold my IEP before the annual review date? See, the weather has been so bad/ the parent couldn’t make it/ my dog ate my paperwork/ (insert additional excuse here…)
A:   In a word, YES! This past month, we have had more IEPs that were out of compliance than in the whole school year so far.

The federal and state law requires that IEPs are reviewed annually. In order to remain in compliance AND provide the most current and effective program for the child, the IEP needs to be completed before the date of the previous IEP.
Recognizing that there are extenuating circumstances that sometimes arise, please plan ahead! It is crucial to plan to hold your IEP two weeks ahead of the due date. This allows for more time to reschedule if needed due to any number of problems that may arise.

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Q:   We have a new student or a student is moving! What do we do with the files?
 A:  If a student has recently enrolled in your school from within the district or is moving to another school within the district, the school can transfer the files. If a student is enrolling from outside of the district or is transferring to a school outside of the district, the records request needs to go through the secretaries at the district office. Please contact Rebecca or Darla to ensure full receipt or transfer of the student’s records.

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Q: We have a student who is in referral for special education or 504 or we have a “pending” 504 plan. ? The student is going to be suspended for more than 10 days due to a behavioral incident. Do we have to do the manifestation determination?
A:   Once there is a suspected disability or impairment, the procedural safeguards apply to that child. By nature of having the child in referral or having developed a 504 plan that is being reviewed by the district, the team at the school is suspecting the student has a disability. The procedural safeguards that are provided to the parent include protections for disciplinary infractions.

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Q: Are nurses a part of a student’s team?
A:  Each team member on a student’s IEP or 504 team has a valuable role to play. When a student has any kind of a medical condition or diagnosis, nurses need to be aware of the student and fully informed of the student’s condition.  In addition, though there may not be specific medical needs addressed in the IEP or 504 plan, a nurse’s presence at team meetings allows the nurse, as it does all team members, to be informed of the student’s program and needs. Their attendance also benefits the team in the clarification and interpretation of medical information in the student’s file or shared by the parent at the meeting. Get friendly with your school’s nurse!

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Confidentiality

Confidentiality is a given with special education. Here are some important points to remember!

© Special education student records are protected by both the Family Educational Rights and Privacy Act (FERPA) and Individuals with Disabilities Education Act (IDEA).

© Student records are defined as containing information directly related to a student and are maintained by an educational agency or institution.

© Personally identifiable information is the student’s name, name and address of the parents, social security or student number, biometric records or other indirect identifiers (see FAQs regarding personally identifiable information in emails).

© Districts must not disclose information related to other students—i.e. discuss other students at one student’s IEP meeting, have another’s paperwork in plain sight at one’s IEP meeting, etc.

© There are only a few exceptions of what can be disclosed without a parent’s consent—when in doubt get it in writing (or ask)!!

 

—From “Student Record Privacy: What Districts Can, Should and Must Do to Comply with  FERPA and IDEA” from LRP Conferences

Presented by Daniel A. Osher, Esq. through LRP Conferences