IT’S ZOOMING WITH THE DAWG DAY!! PLEASE JOIN ME AND SPECIAL GUEST HALEY TURNER FOR A PREVIEW OF THE WG HR SYMPOSIUM AND DISCUSSION OF THE INS AND OUTS OF INVESTIGATIONS!

Yesterday I introduced the OSFAA—the One Size Fits All Answer to questions about the content of a student’s IEP. There are four parts to the OSFAA. Yesterday we looked at the first part, which tells the parent who is going to answer the question. The ARD Committee will do that. The ARDC is the only entity in the district with the legal authority to decide what goes into an IEP.

Now let’s introduce the second component. Parent asks for some change to the IEP or placement, and we respond:

“Let me take that to the ARD Committee. THE ARDC WILL REVIEW THE EVALUATION DATA….”

Evaluation data must be the basis for every part of the child’s IEP. Evaluation data is to the ARDC as evidence is to the jury in a trial. All decisions about instructional arrangement, frequency and duration of related services, annual goals…all of that should be based on the evaluation data that describes the unique circumstances of the student. Evaluation data includes formal testing, grades, progress reports, teacher recommendations, independent evaluations, and parent input.

The Minnesota case that illustrates the OSFAA involved a 15-year old girl who is non-verbal, has a significant cognitive impairment and functions in the range of an 18-month old. She has seizures continually and is particularly unable to function in the morning. Everyone agreed that her school day should start at noon but there was disagreement about when it should end. The district proposed 4.25 hours per day, which was less than the 6.5 offered to general students.

The court held that the shortened day offered to this student was not “appropriately ambitious” and thus failed to satisfy the FAPE standard. The court affirmed the hearing officer’s order that the school provide instruction in the home from 4:30 to 6:00 pm.

The district offered various reasons in support of its proposed schedule, but here’s where the school lost sight of the OSFAA. Key Quote:

None of these reasons is based on an individual assessment of AJT’s needs as required by the IDEA, under which extended days “are appropriate in certain circumstances and their location is not confined to the school day or a school setting.”

See what I mean? The district’s proposed schedule of 4.25 hours of instruction per day was not based on the child’s evaluation data. It was based on something else. What would that be? Tune in tomorrow.

DAWG BONE: OSFAA SO FAR: “LET ME TAKE THAT TO THE ARDC. THE ARDC WILL REVIEW YOUR CHILD’S EVALUATION DATA….”

Got a question or comment for the Dawg? Let me hear from you at jwalsh@wabsa.com.

Tomorrow: the rest of the OSFAA