Toolbox Tuesday!!

Welcome back, Honored Readers!!  I hope your holiday was restful and happy. Now, it’s a new year and we go back to work. And this being a Tuesday, we lead off 2018 with a Toolbox entry.

The Department of Education issued a Q and A last month about the impact of the Endrew F. case.  It’s impossible to discuss that case without using the murky language the Supreme Court used. Students must have an “appropriately ambitious” IEP with “challenging objectives.”  That leaves a lot of room for discretion and professional judgment.  Still, the DOE’s Q and A is worth reading.

With regard to discipline, the Q and A offers this:

Q16:  Must IEPs address the use of positive behavioral interventions and supports?

A16: Where necessary to provide FAPE, IEPs must include consideration of behavioral needs in the development, review and revision of IEPs.  IEP Teams must consider and, if necessary to provide FAPE, include appropriate behavioral goals and objectives and other appropriate services and supports in the IEPs of children whose behavior impedes their own learning or the learning of their peers.

We talk about this a lot in the Toolbox training.  Most school districts use an IEP form that incorporates this language—does the student have behaviors that impede learning of the student or others?  Notice that the question is not limited to disability-related behaviors. Any behaviors that are impeding learning should be addressed.   Your IEP form probably has a YES and a NO box below this question. If YES is checked, the minutes of the meeting should reflect the ARD Committee’s discussion of how to address the behaviors effectively.

We have several Toolbox trainings on the books for 2018 and are happy to add more.  Let me hear from you if you are interested.


Tomorrow: what kind of notice does the plaintiff have to give before suing the district?