Paula!Roalson,!Walsh!Anderson,!Gallegos,!Green!&!Trevino,!P.C.! Jean!Polichino,!Harris ... · 2018....

!

!

!!Interactive*Convention*2015!!Learning(Labs!!!!

!

Rockin’!On!With!Related!Services!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Paula!Roalson,!Walsh!Anderson,!Gallegos,!Green!&!Trevino,!P.C.!

Jean!Polichino,!Harris!County!Dept.!of!Education!

Copyright 2015: WALSH GALLEGOS TREVINO RUSSO & KYLE P.C. 1

| Paula Maddox Roalson Attorney at Law

Rockin’ Along with Related Services:A Legal, Educational & Practical Update______________________________________

© 2015 WALSH GALLEGOS TREVIÑO RUSSO & KYLE, P.C.

Jean PolichinoSenior Director Therapy Services

Related Services - Defined

Related services are services which “are required to assist a child with a disability to benefit from special education…” 34 C.F.R. §300.34(a).

The list of services is not exhaustive.


Related Services – What They Are NotMapping of a cochlear implant is not a related service.

Child is still entitled to other necessary related services.

District still must monitor and maintain medical devices need to maintain health and safety.

District must check external components for proper functioning.

Other Related Services Include:

Interpreting ServicesCounseling Services

Psychological ServicesMedical ServicesO & M ServicesSchool Health & Nursing Services

Transportation

Related services are required when they are necessary “to assist a child with a disability to benefit from special education.” 34 CFR §300.34(a).


Can Parents Receive Related Services?• The U.S. Department of Education made special mention of the

importance of "parent counseling and training" in the preambleto the 2006 IDEA Part B regulations, noting it is not included inthe IDEA 2004 statute. It said that: "Although not included in theAct, we believe it is important to retain this provision in theseregulations so that there is no question that parent counselingand training includes helping parents acquire skills that will helpthem support the implementation of their child's IEP or IFSP." 71Fed. Reg. 46,573 (2006).

• Related services for parents may be needed to help a childreceive educational benefit. See, e.g., El Paso Indep. Sch. Dist.,34 IDELR 226 (SEA TX 2001) ("The school district shouldconsider whether the addition of parent training would be anappropriate related service in meeting [the child's] needs as heenters into young adulthood…”)

The Importance of Sound Evaluation Data

An evaluation must be sufficiently comprehensive to identify the child’s special education and related services needs.

A “screening” may or may not be an evaluation depending on the intent.


The Importance of Collaboration:ARD Committee Process

If the evaluation indicates the need for a related service, the related service personnel should either:• Attend the ARD; or• Provide written

recommendations

Related services personnel are not required members, but they are appropriate members if

the service is to be discussed.

IDEA Practical ConsiderationsThe 4 “FAPE Factors”

From Cypress-Fairbanks ISD v. Michael F. (5th Cir. 1997):

¾ Is the program individualized on the basis ofevaluation and performance?

¾ Is the program administered in the LRE?¾Are the services provided in a coordinated and

collaborative manner by all key stakeholders?¾Have positive academic

and non-academic benefits been demonstrated?


The IEP:

The IEP must include a statementof the special education andrelated services, based on peer-reviewed research to the extentpracticable, to be provided tothe child. Be able to identify:• what methodologies you are

using; and• whether the methodologies

have support in research.

Frequency? Duration? Location?

Stated in a way that makes clear the district’s commitment of resources (How often? How long? Where?)

Don’t use a range of time (e.g., 15 – 30 minutes per week)

Don’t use “as needed” or “as appropriate”


From the 2010 TEA Guidance

How to Develop IEP Goals:

You Must Consider:• The strengths of the child;• The concerns of the parents

for enhancing the education of the child;

• The results of the initial or most recent evaluation

• The academic, developmental, and functional needs of the child.

Annual goals must include academic and functional

goals.

Goals must be measurable.

Separate goals for related services are not required, but the goals and objectives must

address all of the student’s identified needs.


IEP Considerations:

Changes in the provision of therapy thatcould impact the delivery of services or thechild’s right to FAPE should be discussedand documented in the ARD.

See Reg. 14 Bd. of Educ., 114 LRP 36034 (SEA CT 2014)

The Parents of a seven year old student with multiple disabilities who fell twice inschool filed a Due Process Complaint alleging that the Student was denied a freeand appropriate public education because the Board 1) failed to adequatelytrain his paraprofessional to guard him against falls; 2) failed to provide anappropriate physical therapy program; 3) failed to provide a proper toilettraining program; and 4) failed to create and implement a feeding andswallowing plan as provided by Connecticut Department of Education Guidelineson Feeding and Swallowing Services. (Continued next slide…)

IEP Considerations, cont’d:

Key quote:First, the IDEA requires schools to assess children "in allareas of suspected disability" and the assessments shallprovide relevant information to determine the child'seducational needs. The Board was presented with an oralmotor evaluation by the Parent calling attention to Student'smotor deficits and physical disabilities in feeding at aFebruary 2012 PPT, but failed to conduct acomprehensive feeding and swallowing evaluation. Infact, Board staff refused to recognize its obligations toevaluate and program for Student's feeding disabilities aslate as May 2013. The failure to evaluate and program forthis oral motor disability in feeding resulted in the loss ofeducational opportunities for Student.


IEP Considerations, cont’d:

Second, the Board conducted a "trial experiment"employing classroom paraprofessionals to conduct"hands off guided walking" without first discussingthis with Parents at any previous PPT or allowingParent to have input. Although the Student's IEPcontained objectives for independent ambulation, theParent was not informed that classroomparaprofessionals would be participating in hands offambulation and, if informed, would have been able toobject. The IEP described the Paraprofessional's role as"safety and assistance with self help skills and academicsupport." Central to the procedural safeguards is theprocess of developing the IEP. The Parents were deniedthe opportunity to fully participate in the developmentof the goals and objectives for independent ambulation.

Discontinuation of Related Services:

• You must have sound, logical and legal grounds for discontinuation.

• A related service may not be discontinued merely because it is a medical related service or too costly.

• A shortage of therapists does not excuse a district from providing a related service.


Missed Services / Compensatory Services:

• The district is not obligated to make up sessions the student missed due to student illness, absences, or parent initiated activities.

• The district is obligated to make up sessions missed due to school initiated activities and when the therapist misses sessions due to conferences or school activities.

• Other outcomes: Failure to implement services could impact the outcome of the M/D/R

Assistive Technology Points:

When the ARDC determines that a personal device is an assistive technology device required for the student to receive FAPE, the district is

required to provide the device.

The district is responsible for maintenance of AT devices.


Looking at Some Cases of Interest:

Introducing

Leaders in School Therapy

Jean E. Polichino, OTR, MS, FAOTAHarris County Department of Education

Therapy Services Division


Who We Are• Harris County Department of Education, Therapy

Services Division• We serve educational entities in and around

Houston using Interlocal contracts (ISDs, charters, specialty schools)

• Management team all OTs and PTs• 152 division personnel in 14-15 (4 clerical, 5 music

therapists and all the rest OT, OTA, PT or PTA)• Provide leadership and practice management as

well as personnel management for clients, based on collaborative partnerships

Competencies Needed for OT and PT Practitioners

in Schools and the

Solution


Needed Competencies for PT School Practitioners

(Rapport and Effgan, 2004)

• School Contexts (laws, ed system, etc.)

• Wellness and prevention

• Team collaboration• Examination and

evaluation

• Planning (IEP development)

• Intervention• Documentation• Administrative issues

(time management, priority setting, leadership, etc.)

• Research

Needed Competencies for OT School Practitioners

(Hollenbeck, 2010)

• Understanding state and federal legislation

• Intervention approaches and techniques

• Methods of working with specific disability types

• Service delivery skills (consultation, working in inclusive and natural environments)

• OT role in schools v medical/clinical practice

• Application of the OTPF to school practice

• Evaluation approaches and developing IEPs with the collaborative team

• Assistive Tech skills• Working with students with

social-emotional needs• Fostering successful student

transitions• Access to current

research/best practices• Administrative responsibilities

(documentation, scheduling, time management, workload management


Our Vision: The TxSpot Resource Center will provide leadership to Texas physical therapy and

occupational therapy practitioners in the delivery of therapy services to students in Texas schools, and

will be an authoritative resource for Texas stakeholders seeking information on school-based

OT and PT services.

Our mission is to advance best practices for physical therapy and occupational therapy

service delivery in Texas schools by informing, educating and modeling.


Target Market for

• Primary target – PTs, PTAs, OTs, and OTAs who provide services to students in Texas schools

• Secondary target – families, school personnel and other stakeholders who work with school OTs and PTs in Texas (college and university faculty, therapists working in the healthcare sector, etc.)

Support

• Ask TxSpot• FAQs (recent questions from around the state)

• Blog (topical entries at least monthly)

• News• Videos• Links to authoritative resources on

issues relevant to school practice






We’ve Only Just Begun!

Coming in the Future

� CEU/CCU Availability –– Webcasts (real time and archived)– Voice-over Power Points– Videos


References• Accreditation Council for Occupational Therapy Education. (2008).

Standards for an accredited master’s level educational program for the occupational therapist and standards for accredited educational program for the occupational therapy assistant. Bethesda, MD: American Occupational Therapy Association.

• Bradenburger-Shasby, S. (2005). School-based practice: Acquiring the knowledge and skills. The American Journal of Occupational Therapy, 59 (1), 88-96.

• Commission on Accreditation in Physical Therapy Education. (2011). Evaluative Criteria for PT Programs Accreditation Handbook. Alexandria, VA: American Physical Therapy Association.

• Commission on Accreditation in Physical Therapy Education. (2012). Evaluative Criteria for PTA Programs Accreditation Handbook. Alexandria, VA: American Physical Therapy Association.

• Effgen, S. K., Chiarello, L., and Milbourne, S. A. (2007). Updated competencies for physical therapists working in schools. Pediatric Physical Therapy. 19 (4). 266-274.

• Hollenbeck, J. (2010). Supporting the competency needs of occupational therapists in school-based practice through development of a web-based resource. Journal of Occupational Therapy, Schools and Early Intervention. 3. 3. 239- 254.

• Rapport, M. J. K., & Effgen, S. K. (2004). Personnel issues in school-based physical therapy. Journal of Special Education Leadership 17 (1). 7-15.

• Washington Occupational Therapy Association (WOTA), Ask OTIS page. Retrieved 10/3/12 from http://www.wota.org/displaycommon.cfm?an=1&subarticlenbr=34.


QUESTIONS?

______________________________________

| Paula Maddox Roalson Attorney at Law

THANK YOU!_________________________________

The legal information in this handout was created by WALSH GALLEGOS TREVIÑO RUSSO & KYLE P.C. It is intended to be used for general information only and is not to be

considered specific legal advice. If specific legal advice is sought, consult an attorney.

Jean PolichinoSenior Director Therapy Services

Date post:	23-Jan-2021
Category:	Documents
Upload:	others
View:	0 times
Download:	0 times

Paula!Roalson,!Walsh!Anderson,!Gallegos,!Green!&!Trevino,!P.C.! Jean!Polichino,!Harris ... · 2018....

Documents