Building & Maintaining a Legally Compliant Autism Program Jan - - PowerPoint PPT Presentation
Building & Maintaining a Legally Compliant Autism Program Jan Tomsky, Esq., & Wes Parsons, Esq., Fagen Friedman Fulfrost, LLP Mary Schillinger, Asst. Supt. & Brandie Rosen, Prog. Sp. Las Virgenes Unified School District Welcome
Building & Maintaining a Legally Compliant Autism Program
Jan Tomsky, Esq., & Wes Parsons, Esq., Fagen Friedman Fulfrost, LLP Mary Schillinger, Asst. Supt. & Brandie Rosen, Prog. Sp. Las Virgenes Unified School District
Welcome & Agenda
Legal Issues & Standards Evolution of an Autism Program Key Elements Building Capacity Training LRE & ABA Legal Standards Effective Interventions
Las Virgenes Unified School District
ADA 12,000 Four Cities / Westlake Village, Agoura Hills,
Calabasas, Hidden Hills, in Southern California
15 schools including two comprehensive high
schools
SPED population 1,350 Affluent Community – High Achieving Students State Accountability Scores in 800s and 900s
LVUSD Autism Percentage
(CA State Ave. is 8.8%)
What we found….
When we’re
prepared, ultimately our costs were reduced!
District Costs vs Parent Payouts (Not Actuals)
We Defend Our Programs
Break a “Pay Em to Go Away” cycle!
Develop a Strategic Plan
Analyze your Due Process Filings Compare your programs to best practices Do a Gap Analysis Build Capacity for Training Implement and Support Weed
Practices Personnel
Self Study Guide
LRP Publications www.LRP.com
National Standards Project
The National Professional Development Center on Autism Spectrum Disorders
Evidence-Based Behavioral Strategies
Prompting Reinforcement Task analysis Time delay Computer-aided instruction Discrete trial training Naturalistic interventions Parent-implemented
interventions Positive Behavioral Supports
Functional behavior
assessment
Functional communication
training
Stimulus control/
environmental modification
Response
interruption/redirection
Extinction Differential reinforcement
The National Professional Development Center on Autism Spectrum Disorders
Confirmed Evidence-Based Peer-Mediated Instruction/Intervention
PECS Pivotal response training Self-management Social narratives Social skills training groups
Structured Work Systems
Video modeling Visual supports VOCA/speech-generating
devices
National Research Council
National Academy Press
(2001)
www.nap.edu Promo code!
LRPM10
ISBN: 0-309-07269-7
Autism Internet Modules (AIM)
What could we do???
The Legal Standard & Cases
Current Legal Standard for Comprehensive Programs for Students with Autism
Overview
Challenges to the Rowley standard The Methodology Debate Least restrictive environment
Remember Rowley!
The U.S. Supreme Court’s standard re:
FAPE:
Is the IEP reasonably calculated to provide
educational benefit?
Did the district comply with the IDEA’s
procedural safeguards?
Board of Educ. of the Hendrick Hudson Cent. Sch. Dist. v. Rowley 553 IDELR 656 (1982)
J.L. v. Mercer Island School District
Rowley alive and well, despite IDEA 1997
definition of transition services as an “outcome-
To offer a FAPE, district must offer a “basic floor
provide the student with “educational benefit”
Ninth Circuit rejected argument that IDEA
now requires that districts guarantee some level of “outcome”
“Had Congress sought to change
the…’education benefit’ standard…it would have expressed a clear intent to do so.
J.L. and M.L. ex rel K.L. v. Mercer Island Sch. Dist. 53 IDELR 280 (9th Cir. 2009)
Lachman v. Illinois State Bd. Of Educ.
“Parents, no matter how well motivated, do not have a right…to compel a school district to provide a specific program or employ a specific methodology”
Lachman v. Illinois State Bd. Of Educ., 441 IDELR 156 (7th Cir 1988)
DISTRICT CHOICE OF METHODOLOGY/BEHAVIOR SUPPORTS
Joshua A. v. Rocklin Unified Sch. Dist.
Student’s IEP called for in-home ABA
program
District recommended an “eclectic” school-
based autism program
Parent claimed district’s program denied
FAPE because it was not supported by peer-reviewed research
Joshua A. v. Rocklin Unified Sch. Dist.
Eclectic approach was based on peer-
reviewed research “to the extent practicable”
More significantly, IEP was tailored to
student’s unique needs and offered basic floor opportunity
Joshua A. v. Rocklin Unified Sch. Dist., 52 IDELR 64 (9th Cir. 2009)
LEAST RESTRICTIVE ENVIRONMENT
Solano Beach Sch. Dist.
Preschooler with normal cognition Weaknesses in socialization, expressive
language
Experienced anxiety in large group District proposed
Special education preschool in am General education preschool in pm, supported by a
1:1 aide
Solano Beach Sch. Dist.
Administrative law judge: Neither aspect
Special Education classroom:
Would address her instructional needs But did not provide access to typical peers Was not the least restrictive environment
Solano Beach Sch. Dist.
General education classroom:
Would provide access to typical peers But, was inappropriate
Class structure Number of students Multiple transitions would be overwhelming
Solano Beach Sch. Dist., 49 IDELR 237 (SEA CA 2008)
Keys to Comprehensive Programs
Assessment
Assess in ALL Areas
Social Behavior Language and Nonverbal Communication Adaptive Behavior Motor Skills Atypical Behaviors Cognitive Status
Including Learning to Learn Skills
Training in Assessment
Critical to train assessment teams in
diagnosis of Autism!
Areas to assess (NRC check list) Multiple observations by all assessors Train to recognize “high functioning”
Autism
Beware the “Quirky Kid” syndrome!!
IEP Development
Parent Input! Goals / Objectives in all areas as per NRC
recommendations!
Don’t forget Social Skills Training & Learning
to Learn Skills!
Thoughtful recommendation for methodology! LRE with Typical Peers! “Sufficient” Adult Attention – Intensity!
Mind the Gaps!!!
Connect the Dots
Complete Assessment ……….. leads to Present levels …………
leads to
Goals ……………. leads to Services …………………. Gaps can cost you!!
Systematically Implemented, Educational Services
The IEP outlines the “identified objectives”.
Ensure that ALL staff
Ensure that the child’s schedule reflects
appropriate activities designed to meet the
Autism Program
The Evolution of the Autism Program
Historically- children with Autism were educated in an
SDC or self-contained special education classrooms with
Over time, SDC classes evolved into Autism-specific SDC
classes.
With the more systematic education of children with
Autism in the SDC classrooms, the push for more inclusive opportunities became available.
SAI A continuum of placement options including all of the
Evolution of the Autism Programs
Preschool Programs
Recommendations of the National Research Council
Children should begin receiving
specialized, intensive early intervention as soon as child is diagnosed w/ ASD or is suspected to be at risk for an ASD
Never delay intervention while awaiting an
evaluation
Never “wait and see”
Key Elements in Effective Programs
typical peers
behaviors
Programs
It is critical that a continuum of program options exist for pre-school age children, from intensive settings to more inclusive settings and the IEP team determines placement based on strong assessment and student individual need.
Home programming vs. school settings S/L ½ day program Early Childhood Classes Special Day Classes
Buttercup
We are a full inclusion
program that meets the individual needs of typically developing children and children with special needs- side by side.
Buttercup
Collaboration between all staff- special educators and general education teachers psychologist, behaviorists, speech and language
specialists, occupational therapists, adaptive physical education teachers and trained instructional assistants.
Provide specialized staff training in Applied Behavior Analysis
Positive Reinforcement Corrective Feedback Systematic Feedback
Things to Consider
Early Education for young children focuses on functional,
spontaneous communication based on the assumption that most children can learn to speak
Efforts are made to form positive relationship with
parents
parent information nights, IEPs back to school nights communication logs Transition IEP’s in and out of pre-school Ensure interaction with typically developing peers.
Student v. Newport-Mesa USD (OAH 2006)
District offered three-year-old student placement in
preschool autism class:
5 ½ hour day Six to eight students Teacher and instructional aides trained in ABA Included one-to-one, two-to-one, and group instruction
Student’s 15 hours of in-home instruction would gradually
taper off
ALJ found District’s offer was appropriate because class
was structured and small enough to meet the student’s needs
Hemet USD v. Student (OAH 2008)
Home-based program was appropriate for
five-year-old to develop precursor skills of attention, language, self-regulation, and compliance
District’s placement was too unstructured
and methodologies were not appropriate to address serious speech needs
Transitioning from preschool to elementary
Remember that elementary schools look different than
preschool:
Parents Environment- SDC classes to general education classes IA support Students may present differently in less structured settings General education vs. special education Different skills are needed in elementary The gap between skill performance of typical and autistic
students expands
Elementary Education: Things to Consider
Children with Autism are educated at their home
schools with access to typical peers as often as possible
Children with Autism have opportunities for on-going
systematic teaching in all deficit areas. (ABA)
Inclusion is planned for and students aren’t just
“dropped into” general education
Instruction assistants are trained and used to help
students achieve independence.
Home DIS Special Education
General Education
Programming
LVUSD Special Education Programs (Elementary)
SAI SDC Behavior class Social communication class Intensives
Intensive Behavior Class
All grade levels as needed Students with more intensive behavioral needs (acting out) Students with severe deficits in learning to learn skills
Attending Compliance Frustration tolerance
Students who need very individualized ABA based instruction for the
majority of the day
These are students who may otherwise not be able to remain in the
district
Intensive data collected Because we believe we can do more than just maintain students
Video of Behavior Class
Social Communication Class
Third, fourth and fifth graders (right now)
Students with social communication issues
Those that need more intensive social skills and learning to learn instruction on a daily basis
Could be below grade level, at grade level or above grade level academically
These are kids who traditionally have been served at their home school and done “ok”.
Once they get to middle school (the social communication program) they have more severe deficits and middle school is a much more challenging environment to deal with these issues.
These are kids who traditionally have been served at their home school and done “ok”.
Once they get to middle school (the social communication program) they have more severe deficits and middle school is a much more challenging environment to deal with these issues.
Video of social communication class
Intensives
Intensive behavioral/social interventions Designed for students who are not being
successful with the highest level of intervention typically found in our schools
Systematic Begins more restrictive and continues through
generalization
Individualized
Video of Intensive
Video
Example of a student with Autism’s daily schedule
8:00-8:30: general education independently for morning business 8:30-9:00: general education with IA support for writing 9:00-10:00: special education language arts 10:00-10:20: general education recess with IA support for facilitation of play (not 1:1) 10:20-11:30: special education math 11:30-12:15: general Education lunch and recess with IA support for social facilitation (not 1:1) 12:15-1:00: general education science without support 1:00-1:30: 1:1 proactive teaching in the special education classroom 1:30-2:30: general education classroom social studies without support except last 10 minutes to assist with writing down homework
Student v. Long Beach USD (OAH 2005)
Non-verbal student fully included with 1-1 aide for first and second grades.
District offered placement in Autism SDC for third grade with some mainstreaming
Although ABA was referenced in a later IEP, the ALJ determined “it was not established that the District should have or was required to make specific references to ABA or any principles of teaching listed in the IEP”
Relying on evidence that Student and his aide “became an island” in his first and second grade general education classes, the ALJ found that the Autism SDC offered Student a FAPE in the LRE and that the parent failed to establish that continued full inclusion in a general education class was appropriate or adequate to meet his needs.
Anaheim City SD v. Student (OAH 2010)
District recommended placement for student in SDC with
2 hours per day of 1-1 ABA instruction and mainstreaming for lunch and recess
Parents sought 3 hours per day of 1-1 ABA instruction OAH agreed with District’s position that:
1-1 ABA aide was available to utilize ABA strategies for
remainder of school day
3 hours of 1-1 would be half the school day and student
had educational needs which required access to others in a classroom or group setting
student’s one-to-one ABA instruction was producing rote
responses with an inability to generalize what had been learned in prior DTT drills.
Transitioning from Elementary to Secondary
Secondary looks very different than
elementary
More sophisticated peer group- “less room for error” Higher teacher expectations Greater expectation for student independence Higher academic work load Peer pressure to “fit in” Larger campuses and student populations Increased transitions
Secondary Education-things to consider
Children with Autism continue to need systematic
teaching.
Need to consider the role of ABA in educational
programming.
Functional skills curriculum vs. academic standards
based curriculum.
Need to consider how social support can be provided
without stigmatizing.
Supporting children in developing age appropriate
interests.
Providing adult support in more subtle less interfering
ways.
LVUSD Special Education Programs (Secondary)
SAI SDC classes Social Communication Program Functional programs Post secondary
Social Communication
For students who require more intensive daily
instruction in social skills and learning to lean skills
1 hour daily of systematic social skills instruction
(elective)
Individual as well as group behavior and social
targets are identified and curriculum developed to work on specific skills
Adult support throughout the school day as
determined by the IEP team
More than a “safety net”
Functional programs
For students who require a functional skills
curriculum, including life skills and functional academics, to benefit from their education
Lower teacher student ratio Intensive instruction in social skills, life skills,
behavior modification and development of leisure skills
Be aware of assuring meaningful access to typical
peers
Post-Secondary
For Students who are 18-22 years old who
have earned a certificate of completion and will not earn a high school diploma
Focus on functional life skills, functional
academic skills and work skills
Part of the day academics and part out in
the community
Increased focus on social and leisure skills
Corona-Norco USD v. Student (OAH 2009)
Middle school student wanted home-based ABA
instruction
District offered a general education placement,
District showed Student’s social skills improved,
his behaviors decreased, and he made progress
ALJ found District’s program provided a FAPE in
the LRE
Student v. Acalanes Union HSD (OAH 2008)
Intellectually gifted 14-year-old student who had social
and communication deficits, depression, and attention issues
District offered a general education placement, with one
period/week of social skills and one period/day of pull-out instruction
ALJ found District’s offer inadequate Parents’ unilateral placement of Student in an NPS
composed of students with Asperger’s was a “proper alternative placement”
Tips when planning programs for students with autism
Remember- the need for systematic teaching never ends for kids with
Autism
Kids with autism need to be educated differently than kids with other
disabilities
Programming for kids with Autism needs to include opportunities for
generalization of skills across settings before considered mastered
Training for staff is critical Partnerships with parents is critical to successful programming Data collection needs to be embedded in every program for students
with Autism
Social skills and learning to learn skills need to be a component of all
programs
Administrative support is crucial for successful programs
ABA Classroom Support Form
Autism Programs in Action
Your programs are only as strong as the
people who implement them!
So this means training is KEY!!
Things to consider when training staff
All training conducted by qualified staff Supported by the “Expert” All special education staff are trained General education and administrative staff
should have a working knowledge of ABA.
Training is on-going Training fits the needs of the staff Builds a “culture” of ABA
Foundational Training – ABA (2 days)
Day 1
What is ABA? ABA & Autism Problematic Behavior ABC’s of Behavior Functions of Behavior Practical Efforts Reactive Programming Proactive Programming
Day 2
DTT (Discreet Trial Teaching) Social Skills Pulling it all together
Hands On Autism Training – 4 Days
Topic Presentation- builds on skills each day Reinforcement Instructions Feedback Prompting “Hands On” Observation, guidance, prompting, & modeling by
training staff
Debriefing / Role Play
Staff Training
83
ABA Training Tiers
Student v. Orange USD (OAH 2011)
Student originally found eligible under speech and language. ALJ
noted deprivation of educational benefit since he did not receive any services resulting from being eligible under the category of autistic- like behaviors until a later date.
District recommended SDC preschool program for mild to moderate
students for 100 minutes weekly until integrated for full school day (3 hour and 20 minutes per day).
SDC was not designed for autistic children, did not include behavior
therapy in its curriculum and shared facilities with a Kindergarten SDC for portion of the day.
District subsequently offered 3 hours per week of ABA therapy.
Parent objected that ABA was to be provided by an "aide" rather than a "behavioral therapist". ALJ appeared to find District's ABA aide training consisting of four lectures for a total of eight hours and a
inadequate.
Student v. Orange USD (OAH 2011)
District later recommended Kindergarten mild/moderate SDC and an
ABA assessment; later adding 5-hours per week of school-based ABA
Parent later requested a school-based, one-to-one shadow aide
provided by CARD in lieu of offered 5-hours per week afterschool ABA support.
Parent ultimately placed Student in a private school with a full-time
CARD.
ALJ noted "comprehensive programs generally require 25 or more
hours of active student engagement per week for two or more years and attempt to change the clinical course of an autistic spectrum disorder, including prevention or reduction in problem behaviors." ("Educating Children with Autism," Committee on Educational Interventions for Children with Autism, National Research Council, 2001, p. 119 of Exhibit S79.)
ALJ ordered reimbursement to Parents for private school tuition,
reimbursement for CARD ABA aide services and an ABA-trained, one- to-one behavioral aide from CARD to accompany Student for the next school year and extended school year "wherever he attends."
Questions?
Thank you!