Do It Yourself: Meeting the Unique
Needs of Special Education
Students in Non-traditional and
Specialized Programs
Wes Parsons, Esq.,
Fagen Friedman Fulfrost, LLP
Brandie Rosen, Program Specialist
Las Virgenes Unified School District
1
COMPULSORY EDUCATION
2

Each person between the ages of 6 and 18 years
not exempted under the provisions of Chapter 3
(commencing with Section 48400) is subject to
compulsory full-time education. (Educ. Code §
48200.)

Unless otherwise provided for in this code, a pupil
shall not be enrolled for less than the minimum
school day established by law. (Educ. Code §
48200.)
Compulsory Education

Can be met through:
 Public
School
 Private School
 Independent Study
 Home Schooling
 Charter School
 Non-public School
3
Education is Changing



4
School districts are receiving less money:
 Larger class size
 Fewer resources
Families unable to supplement with additional services
or private school
Parents have more options:
 Charter schools
 Magnet Schools
 Independent Study
 Alternative Schools of Choice
 Private schools
Education is Changing
5
Special Education is Changing


Historically special education students were educated
in separate schools or classrooms
Segregated schools and classrooms evolved into:





Shifts within educational programming:



6
Resource/SDC (eligibility model)
Full Inclusion Model
SAI Model
Specialized Programs (needs based model)
Educating students in multiple environments
Better understanding of how to teach special education
students
Research-based interventions
Special Education Population is
Changing


7
Educating students that were not previously identified
or served:
 More comprehensive child find
 More sophisticated assessment
Shifts within eligibility categories:
 Increase in autism eligibility
 Decrease in ID eligibility
 “Cross over” students (Aut/ED, Aut/OHI)
Eligibility
8
“Child With a Disability”












Intellectual Disability
Hearing impairment
Speech or language impairment
Visual impairment
Serious emotional disturbance
Orthopedic impairment
Autism
Traumatic brain injury
Other health impairment
Specific learning disability
Deaf-blindness
Multiple disabilities
34 C.F.R. § 300.8.
9
“Child With a Disability”

“who, by reason thereof, needs special
education and related services”

“If it is determined that a child has one of
the disabilities … but only needs a related
service and not special education, the
child is not a child with a disability”
10
In Sum:

First, determine if student is “child with a
disability”

Second, determine if student requires
special education

Third, develop an appropriate placement
offer
11
Background: Sources of Law
12
Connect-the-Dots
Present levels
 Areas of Educational Need
 Goals
 Placement
 Related services

13
Rowley
Test of Substantive Compliance:
1.
2.
3.
4.
14
Designed to meet unique needs;
Reasonably calculated to provide
educational benefit (not maximize, but more
than trivial);
Services comport with IEP
Least restrictive environment
Target Range
(Now IDEA 2004)
Test of Procedural Compliance:
1.
2.
3.
15
Impeded right to FAPE;
Significantly impeded parents’ right to
meaningfully participate in the decisionmaking process;
Caused educational deprivation.
The Legal Elements of the LRE
To the maximum extent appropriate, children with
disabilities are educated with children who are not
disabled.
Removal of children with disabilities from the regular
educational environment occurs only when the nature
or severity of the disability of a child is such that
education in regular classes with the use of
supplementary aids and services cannot be achieved
satisfactorily.
(IDEA, 20 U.S.C §1412(a)(5).)
16
The Rachel H. Balancing Test
Four factors:
1. Academic benefit
2. Non-academic
benefit
3. Effect on
teacher/students
4. Cost
Sacramento City USD v. Rachel H. (9th Cir.1994)
17
Continuum of Placement Options
Independent
study
General
education
Home
Teaching
100 % self-contained
special education
classroom
General education with special
education support
Non-Public school/ IS
(needs driven)
Residential
Magnet
schools
Alternative
schools of
choice
18
Residential/home hospital
Placement Options


Needs Driven (parent or district initiated):
 IDEA procedural and substantive requirements must be met
Choice Driven (parent initiated):
 IDEA procedural and substantive requirements must be met
 Section 504 non-discrimination
What rights do disabled students have to access
these programs?
19
Overview of Section 504
Section 504 of the Rehabilitation Act of 1973
states: “No otherwise qualified individual with a
disability…, shall, solely by reason of her or his
disability, be excluded from the participation in, be
denied the benefits of, or be subjected to
discrimination under any program or activity
receiving Federal financial assistance….”
20
Overview of Section 504


21
Section 504 is Congress’ directive to schools
receiving any federal funding to eliminate
disability-based discrimination from all aspects
of school operations.
Because a public school district is a recipient of
federal funds, it is required to provide eligible
disabled students with equal access (both
physical and academic) to services, programs,
and activities.
Overview of Section 504
Non-Discrimination Duty


22
Protect students from discrimination. Section 504
assures access to educational services and the learning
process that is equal to that given to students who do
not have disabilities.
All students who have a physical or mental impairment
which limits substantially one or more major life
activities, have a record of such an impairment, or are
regarded as having such an impairment, are protected
from discrimination under Section 504.
Overview of Section 504
Non-Discrimination Duty
Thus, school districts are prohibited from:
 Excluding a student with a disability from
participation in any district program or activity;
 Denying a student with a disability the benefits
of any district program or activity; and
 Subjecting a student with a disability to
discrimination solely by reason of her disability.
23
Overview of Section 504
Non-Discrimination Duty



24
Section 504/Title II do not require a school district to admit a
student into a program or activity if the student, with special
services or accommodations, does not meet the essential
requirements of the program.
However, a school district cannot categorically assume that
special education students and/or 504 students are not qualified
to attend the program.
A school district must provide disabled students an equal
opportunity to participate in the program unless the student is
not qualified to attend the program, an IEP or Section 504 team
determines that the program is not appropriate for the student,
or the school district can show that offering the services needed
by the student would fundamentally alter the nature of the
program or otherwise constitute undue burden.
Overview of Section 504
Non-Discrimination Duty

Thus a three-step process should occur for all
students with disabilities who desire to participate in a
district program:
1.
2.
3.
25
The student needs to apply and meet the same prerequisites
for attendance in the program as do all other students with or
without disabilities (e.g. is the student qualified to participate
in the program);
The student’s IEP team or 504 team needs to convene and
determine whether FAPE can be provided in the desired
program (e.g. is the program appropriate); and
The District (IEP or 504 team) must determine whether the
provision of FAPE would result in a fundamental alteration of
the program or otherwise constitute an undue burden.
Building Your Programs

Home Hospital Instruction


Home teaching
Independent Study

IS Home-Based Format
Magnet Programs/Alternative Schools of
Choice
 Specialized Special Education Programs

26
Home Hospital Instruction

27
A pupil with a temporary disability which
makes attendance in the regular day
classes or alternative education program
in which the pupil is enrolled impossible
or inadvisable shall receive individual
instruction provided by the district in
which the pupil is deemed to reside.
(Educ. Code § 48206.3.)
Home Hospital Instruction


28
“Individual instruction” means instruction provided to an
individual pupil in the pupil's home, in a hospital or other
residential health facility, excluding state hospitals, or under
other circumstances prescribed by regulations adopted for that
purpose by the State Board of Education. (Educ. Code §
48206.3.)
“Temporary disability: means:

A physical, mental, or emotional disability

Incurred while a pupil is enrolled in regular day classes or an
alternative education program, and

After which the pupil can reasonably be expected to return to
regular day classes or the alternative education program
without special intervention.

A temporary disability shall not include a disability for which a
pupil is identified as an individual with exceptional needs
pursuant to Section 56026. (Educ. Code § 48206.3.)
SPECIAL EDUCATION AND HOME
HOSPITAL INSTRUCTION

Special education and related services provided in the home or
hospital for school age pupils is limited to those pupils who have
been identified as individuals with exceptional needs … and for
whom the IEP team recommends such instructions or services. …
(C.C.R. § 3051.4)

For those individuals with exceptional needs with a medical
condition such as those related to surgery, accidents,
short-term illness or medical treatment for a chronic
illness, the IEP team shall review, and revise, if appropriate, the
individualized education program whenever there is a significant
change in the pupil's current medical condition. (C.C.R. §
3051.4)
29
SPECIAL EDUCATION AND HOME
HOSPITAL INSTRUCTION

The IEP team shall have in the assessment
information a medical report
from the attending physician and surgeon
or the report of the psychologist, as
appropriate, stating:



30
The diagnosed condition
Certifying that the severity of the condition prevents
the pupil from attending a less restrictive
placement…
[And the] projected calendar date for the pupil's
return to school. (C.C.R. § 3051.4)
Special Education and Home
Hospital Instruction




31
HHI is part of the continuum of placement options
available to special education students.
Section 504 “access” issues are usually not
implicated.
Placement in the home is one of the most
restrictive placements on the continuum of program
options available to students with disabilities.
(Educ. Code § 56361.)
Number of hours is based on student need rather
than five hour “rule”. (Redlands USD (OAH 2008))
Special Education and Home
Hospital Instruction




32
8 year old boy is eligible for special education because
of multiple orthopedic disabilities and mental
retardation.
The District recommends SDC.
Parent concerned about Student’s exposure to other
children’s illnesses.
Parent submits a medical referral recommending home
instruction through the 2008-2009 school year but not
2009-2010.
Special Education and Home
Hospital Instruction
OAH concluded:
That in order to receive home instruction, a student must have a
valid medical referral or report from his physician that:
 States the diagnosed condition;
 Certifies the severity of the condition prevents the student
from attending a less restrictive placement; and
 Includes the projected date of the student return to school.
The task of providing current medical referrals was the
responsibility of the Parent.
The District was not obligated to provide home instruction due to
Parent’s failure to provide a current medical referral for 2009-2010.
(Los Angeles USD (OAH 2010))
33
Placement Considerations

What is driving the placement in HHI?
 Temporary
disability driving HHI placement
 Special education eligibility/needs driving HHI
Placement
 Student
34
versus school-site need?
Placement Considerations

Temporary disability driving HHI placement





IEP team to review and revise IEP as appropriate to ensure
FAPE is provided in the HHI setting.
Avoid “5-hour rule” – offer what is necessary and appropriate.
Review and connect your dots!
Consider whether goals need to be changed or revised to
address temporary situation.
Consider whether services need to change to address current
needs.


35
e.g.: frustration tolerance goal because student cannot move and
social skills goal that cannot be addressed; goals and services
“tabled” for limited HHI time-period.
Consider appropriate service providers.
Placement Considerations

Special education eligibility/needs driving HHI
placement:




36
Approach with caution as this is one of the most restrictive
placements for the student and in most cases should not be a
long term placement.
Identify the factors that are interfering with the student
attending school
If medical in nature, maintain ongoing consultation with
treating physician to ensure continued need for HHI.
Consider the need for assessment and/or information
gathering.
Placement Considerations
 Special
education eligibility/needs driving HHI
placement:
Convene
an IEP team meeting to ensure FAPE is provided,
connect your dots and document the plan for transitioning the
student to a less restrictive setting.
Some
“needs” may be difficult to address such as social/peer
interaction or gross motor
Is
37
HHI placement based on student or staff needs?
Placement Considerations
San Jacinto USD v. Student (OAH 2008)
Parents wanted continuation of home instruction for
Student with cerebral palsy and seizures
Safety concerns prompted objection to proposed gen
ed placement
ALJ:
Student could make progress in District’s
placement; home instruction too restrictive
No evidence that health would be jeopardized by
attending school with proper accommodations
38
Programmatic Considerations








39
Team should consider if necessary for FAPE
IEP team should determine and document how, where, when and
by whom services will be provided.
Consider a blended program with some level of school attendance.
Consider what DIS services remain appropriate and where and how
they will be delivered.
Consider transition plan for returning student to a school based
program.
How do you connect your dots?
Consider pre- and post- testing to document progress or lack
thereof
Language carefully drafted to avoid “stay put” disputes
Home “Teaching” vs. Home Hospital
Instruction






40
Home “teaching” not defined in the Education Code
Often used as additional instructional hours to supplement a student’s
school-based program
Can be used to support students with inconsistent attendance (disability
related)
Often characterized as “intensive instruction” or “tutoring” and used as
compensatory services where FAPE has been disputed
Use has increased because non-public agencies are no longer certified to
provide “instruction”
Temporary placement pending resolution of placement dispute? (e.g.
parent refusing to send student to school):
 May be appropriate in some situations;
 Document in the IEP, the current/on-going offer of FAPE, explain why
student is not attending school; document interim HHI services to
ensure student is receiving some educational services; take all
appropriate steps to resolve placement dispute.
Independent Study



Governed by Ed. Code
Education Code section 51745 states that school districts may offer
independent study to meet the educational needs of their students.
Generally offered as a flexible way to address a student’s individual
needs, interests, and styles of learning. Section 51745 specifies
that “[e]ducational opportunities offered through independent
study may include, but shall not be limited to, the following:





41
(1) Special assignments extending the content of regular courses of
instruction.
(2) Individualized study in a particular area of interest or in a subject
not currently available in the regular school curriculum.
(3) Individualized alternative education designed to teach the
knowledge and skills of the core curriculum. Independent study shall
not be provided as an alternative curriculum.
(4) Continuing and special study during travel.
(5) Volunteer community service activities that support and
strengthen pupil achievement.”
Independent Study
Key legal requirements to receive ADA:








42
Local Board Policy
Must be voluntary
Students must be enrolled in one of the school district’s schools
and must be residents of the county in which the school district is
located or an adjacent county
Equal Educational Opportunity
Standards Aligned
Teacher Quality
Schools Enable Students to Successfully Complete Their
Independent Study
A Written (Master) Agreement for Each Independent Study Student
Independent Study
Key legal requirements to receive ADA:

A Written (Master) Agreement for Each Independent
Study Student




43
An issue may arise for special education students having to sign an
independent study agreement.
Under the IDEA and the Education Code, if a student’s IEP team
determines that the student’s appropriate placement is independent
study, the student must be placed in the program.
This could create a problem if the student’s parent refuses to enter
into the agreement.
OAH has held that the IDEA prevails over state laws under the
Supremacy Clause of the Constitution and, therefore, a special
education student should not be denied the right to enroll in
independent study based on his or her parent’s refusal to enter into an
independent study agreement. (Camptonville Union Elementary Sch.
Dist. (March 18, 2009) OAH Case. No. 2008090659.)
Independent Study
Key legal requirements to receive ADA:



44
A school district must also comply with the IDEA, Section 504 and
Title II of the Americans with Disabilities Act of 1990.
If placement in independent study is “special education related”
and based on student needs, the IEP team can consider IS as a
part of the continuum of placement options
If placement in independent study is student initiated as part of
parent “choice” and/or “preference” the three-step 504 process is
implicated.
Placement Considerations

Special Education/ Needs Driven:

IEP team may consider IS placement as part of the continuum of
placement options:







45
Where does this fall on the LRE continuum?
Can the student work independently or will additional support (e.g.
home teaching) be necessary?
Assessment should be considered to address IS related needs.
Consider need for full-time IS placement?
Develop plan to return student to school-based placement as
appropriate.
Connect your dots.
Without parental support and consent, IS may be difficult to defend
in a due process hearing.
Placement Considerations

Parent Initiated/Choice Driven







46
IEP team meeting to address placement request;
Ensure current offer of FAPE in LRE is documented
pursuant to the IEP process;
Three-step 504 process addressed (prerequisites,
IEP team determines and fundamental alteration):
Cannot require the student to exit special
education to participate in IS.
Document consideration of IS program
Review “dots” and goals should remain the same
Consider if services/supports would change in
choice program and impact on LRE
Placement Considerations


Parent Initiated/Choice Driven
If FAPE is available in choice program:
1.
2.
3.
4.

Clearly document placement and services for choice
program in the IEP;
Choice program, thus transportation is at parent expense;
Consider follow-up IEP to review progress and program
appropriateness;
Note that parent is electing to place student in preferred
“choice” program.
If FAPE is not available in choice program:
1.
Document prior written notice requirements in denying
choice program:


47
FAPE not available in IS setting (e.g. peer interaction; lack of
“independence”)
Services in IS setting would fundamentally alter the nature of the IS
program or otherwise cause an undue burden
Programmatic Considerations
Independent Study





48
Consider “dual” enrollment with some level of school
attendance:
 Example: student with Autism attends school for
electives and twice weekly social skills group to work on
social pragmatic goals.
Consider what DIS services remain appropriate and where
and how they will be delivered.
May allow students to complete course work at their own
pace.
Can be used to support students with disability-related
inconsistent attendance.
Credit Recovery.
Programmatic Considerations
Independent Study-Home Based
Format

Independent study – home based format (district
home-schooling)

Generally operated under IS legal requirements;




49
Home-based independent study typically designed to assist parents
who chose to educate their children at home or who travel for
business or vacation and need to facilitate their children’s
continuing education. (See Independent Study Operations Manual,
Cal. Dept. of Educ. (200 Edition).)
Generally involves greater parent involvement
Generally SHOULD NOT be considered as part of the continuum of
placement options absent parent “choice”
“Choice” program and should be considered pursuant to three-part
504 process
Case Study
Parent v. Horizon Charter School (OAH 2011)





50
16 year-old Student attended Horizon Charter School’s
homeschool independent study program;
Parent alleged Horizon failed to develop, offer and provide
appropriate transition goals and services to address Student’s
transition needs in the areas of independent living, vocational
training and community experiences;
Horizon argued that transition services were appropriate in all
respects and that, because Student’s mother was his principal
teacher, she was partly responsible for ensuring that his transition
plan was fully implemented;
The evidence showed that Student’s mother was the primary
teacher of general education curriculum but did not have
responsibilities for special education, including transition services;
Parent prevailed and OAH ordered compensatory assessment and
transition services.
Magnet Schools &
Alternative Schools of Choice

Magnet School: A school or program
designed by an LEA to attract students.
 Students
can enroll via open enrollment.
 Can be a program or a stand-alone school site.
 Created to:
 Offer
educational options to students; and/or
 Achieve a racial or ethnic balance in schools; and/or
 Offer instruction in a particular area (e.g., arts,
math).
51
Magnet Schools &
Alternative Schools of Choice

Alternative School/Program of Choice: A school or
program designed by an LEA to have a different
structure, learning or academic philosophy.
Students can enroll via open enrollment.
 Can be a program or a stand-alone school site.
 Created to:




52
Meet student needs, interests or learning styles;
Maximize the opportunity for improvement, implement innovative
methods and ideas and improve the general level of education;
And to “Maximize the opportunity for students to develop the
positive values of self-reliance, initiative, kindness, spontaneity,
resourcefulness, courage, creativity, responsibility, and joy.”
Placement Considerations

Special Education/Needs Driven:






53
Rarely considered as part of the continuum of
placement options.
Document basis for change of placement and
consider whether FAPE can be offered in
magnet/choice program.
Connect the dots!
Document offer of FAPE.
Transportation (if necessary for FAPE) must be
provided.
Can IEP/504 team trump entry criteria?
Placement Considerations

Parent Initiated/Choice Driven







54
IEP team meeting to address placement request;
Ensure current offer of FAPE in LRE is documented pursuant to
the IEP process;
Thee-step 504 process addressed (prerequisites, IEP team
determines and fundamental alteration);
Cannot require the student to exit special education to participate
in the choice/magnet program;
Document consideration of the choice/magnet program;
Review “dots” and goals should remain the same; and
Consider if and how services or supports would change in the
choice/magnet program and impact on LRE.
Placement Considerations


Parent Initiated/Choice Driven
If FAPE is available in the choice/magnet program:
1.
2.
3.
4.

Clearly document placement and services for choice program in
the IEP;
Choice program, thus transportation is at parent expense;
Consider follow-up IEP to review progress and program
appropriateness;
Note that parent is electing to place student in preferred
“choice” program.
If FAPE is not available in choice program:
1.
Document prior written notice requirements in denying choice
program:


55
FAPE not available in choice program (e.g. peer interaction; lack of
“independence”).
Services in choice program would fundamentally alter the nature of
the program or otherwise cause an undue burden.
Magnet Schools &
Alternative Schools of Choice

Magnet Schools and Special Education



56
Student with an intellectual disability (ID) attended a Magnet
Program and was fully included with RSP support and a 1:1 aide and
was considered to be a “non-diploma track” student due to her
disability;
IEP team offered SDC placement at a comprehensive school site
annually for grades 9 & 10, but Parent preferred Magnet Program
and was chosen by lottery;
IEP team allowed enrollment:
 Student was making little to no academic progress at grade
level;
 Student made excellent social progress, made friends, joined
clubs and made some progress in Art and Floral Design;
 Student made some progress toward her IEP goals at her
functional level and in her functional skills class;
 Student sat in the back of the class, was primarily taught by her
1:1 aide and curriculum for core classes was modified by RSP
specialist .
Magnet Schools &
Alternative Schools of Choice

Magnet Schools and Special Education (Cont…)
At annual meeting, IEP team offered SDC placement at
comprehensive school for 11th grade and filed for due
process when Parent refused and requested the Magnet
placement.
 District argued:





Parent argued:



57
Student made little to no progress in 2 years at Magnet;
Inclusion with 1:1 aide and assignments from RSP teacher
was too restrictive and provided no educational benefit;
SDC was required for independent and vocational living skills
and interaction with disabled peers.
Student gained academic and non-academic benefits at
Magnet;
Student made progress at her functional level;
SDC is not in the LRE.

Magnet Schools &
Alternative Schools of Choice
Magnet Schools and Special Education (Cont…)

OAH Held:

Student derived an academic benefit:




Student derived a “wealth” of non-academic benefits:


Extensive extracurricular participation, many friends and increased
her social-communication skills.
No adverse impact on the program:


Made some progress toward her IEP goals at her functional level;
Student’s work product confidence and self-advocacy skills
improved;
Student was on a “non-diploma track” and not expected to make
grade-level progress.
Student was a “pleasure” to have in class, not disruptive at all
Student was accepted in to the program (via lottery) and the
District could offer a FAPE at that site. District was required
to continue Student’s placement at the Magnet School.
Fresno Unified School District v. Parent OAH Case No. 2008120492
58
Magnet Schools &
Alternative Schools of Choice

Alternative Schools and Special Education

District school discouraged enrollment of special education
students:




District did not staff Alternative site equally:
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Told by administrators that special education services were not
available at the Alternative School site and posted on the website
that special education services were available on a “limited basis”;
Only provided speech and language services on site;
If student required RSP, then bussed to another campus;
No RSP services available on site. District argued that this would
be “cost prohibitive”;
District also argued that Alternative School was based on a “whole
classroom” model and “pull outs” would fundamentally alter the
program.
Santa Clara Unified School District (OCR 2009)
Magnet Schools &
Alternative Schools of Choice

Alternative Schools and Special Education
(cont…)
 OCR
Held:
Though not an express policy, District’s practices resulted
in communication to Parents that special education
services were not available at the Alternative School;
 District was not specific as to how staffing Alternative
School with an RSP teacher was an undue burden (cost);
 District was not specific as to how “pull out”
fundamentally altered the program as other “pull out”
students were able to attend (English learners, counseling,
music programs).

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Magnet Schools &
Alternative Schools of Choice

Alternative Schools and Special Education (cont…)

Take-Away from OCR Ruling:

Student may be excluded if:




Analysis must be made on an individual basis:

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Student is not qualified for the program;
IEP or Section 504 team determines program is not appropriate;
District can show that offering the services required by Student will be
an undue burden and/or fundamentally alter the program.
“Cannot categorically assume that special education students are not
qualified” for the program;
“The fact that a student may need some form of special education
services does not per se establish that his or her participation would
require a fundamental alteration of the program”;
Requiring a choice between FAPE and equal access to a program =
violation of Section 504 and ADA.
Programmatic Considerations
•
•
•
Allows us to keep students that may have left public schools
Challenges our perception that there is “one way to FAPE”
May require “changing up” how we deliver special education
•
•
•
Working within the philosophy of the school while still meeting
the needs of special education students
•
•
•
Technology
Directed Instruction
Requires creative use of resources and staff
•
•
•
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Push-in versus Pull-out
Structured versus naturalistic programs.
Staffing
Student/adult ratios
Curriculum
Mariposa School of Global
Education

Emphasis on:
•
•
•
•


Waldorf is the guiding philosophical base
Beware the unintended consequence!


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Outdoor and environmental education
World studies
Foreign language
Community outreach
“outside the box” students
Meeting the needs of at-risk students within philosophy
Increased number of special education students
Developing Specialized Programs
 Diminished
“shine” of non-public schools
 LRE is more embraced within the educational
community
 Change in mental health funding laws
 Districts striving to maintain students within district
programs
 Districts better able to provide more diverse
programming
 Greater creativity in meeting the needs of special
education students
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Buttercup Preschool
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Buttercup Preschool



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Developed to build capacity within our own district and
reduce requests for private preschool funding;
A full-inclusion, ABA-based program that meets the individual
needs of special education students and typically developing
peers, side-by-side, in a range of classroom options;
Collaboration between all staff:
 Special educators and general education teachers
 Psychologists, behaviorists, speech and language
specialists, occupational therapists, adaptive physical
education teachers and trained instructional assistants.
Buttercup Preschool



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Serves students ages three through five;
Regional Center, community and family referrals;
Individualized school-based team assessment;
All staff receives ongoing specialized training in ABA;
Range of placement options:
 Intensive: taught by special education teacher with 2:1
ratio of adults to students;
 50/50 SDC: taught by credentialed special education
teacher with 50% special education students and 50%
typically developing peers;
 ECE: taught by an ECE certified teacher with 20% special
education students and 80% typically developing peers.
Intensive Behavior Program



All elementary grade levels as needed
Students with more intensive behavioral needs
Students with severe deficits in learning to learn skills






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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
Social Communication Program









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Third through twelfth grade;
Students with social communication issues;
Those that need more intensive social skills and learning to learn
instruction on a daily basis;
Students typically at grade level or above;
Students may spend varying amounts of time in special education but
considered a “full day” program;
These are students who traditionally have been served at their home
school and done “ok”;
Systematic social skills curriculum imbedded and implemented daily;
Program-specific adult support throughout the day and across
environments as needed;
One hour daily of direct social skills instruction;
Individual and class-wide behavior and social skill deficits are identified
and addressed;
More than a safety-net.
Social Communication Program



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Students are referred through the IEP process (not
an alternative/choice program).
One class for each level: elementary, middle and
high school.
The program is individualized however all students
participate in 1-hour daily of social skills.
Program Aides receive specialized training and
“move” with students, as needed, throughout the
school day.
Ongoing support from consulting agency and school
district behavior team.
Enhanced Day Program






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Designed to serve ED students or students with
significant emotional/behavioral needs.
Programs at both middle school and high school.
Mental health is embedded into the program.
Students can be self-contained 100% of the day
or included as much as they are able.
Safe place available throughout the school day.
Therapy groups as well as individual.
Specialized adult assistance in all classes as
needed
Behavior Team







Developed with consulting agency while building capacity for
autism programs.
ABA-based itinerant team comprised of nine staff including:
 Teacher on special assignment/behavior
 Psychologist on special assignment/behavior
 Seven instructional specialists
Services provided from preschool through post-secondary.
Team provides direct services, social skills, consultation and staff
training.
Ongoing training from consulting agency.
Need for behavior services determined through assessment and
IEP process.
Equivalent to NPA “BID” and “BII”.
Tips in Looking at Choice
Programs




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General procedural requirements: document any communications
with family regarding inquiry of “choice program”
Avoid discrimination and predetermination claims; stick to the facts
and provide program/entry information
Meet IDEA procedural requirements: assessment and IEP team
meetings to address placement options.
Can an IEP team trump entrance criteria for a program?
Think “outside the box” when thinking about special education
programming in choice programs.
What happens when parents revoke consent for special education
to access the choice program?
Consideration of the fundamental alteration/undue burden factors.
Questions
74
Information in this presentation, including but not limited to PowerPoint handouts and the presenters'
comments, is summary only and not legal advice. We advise you to consult with legal counsel to
determine how this information may apply to your specific facts and circumstances .
75
Information in this presentation, including but not limited to PowerPoint handouts and the presenters'
comments, is summary only and not legal advice. We advise you to consult with legal counsel to
determine how this information may apply to your specific facts and circumstances .
76
Information in this presentation, including but not limited to PowerPoint handouts and the presenters'
comments, is summary only and not legal advice. We advise you to consult with legal counsel to
determine how this information may apply to your specific facts and circumstances .
77
Information in this presentation, including but not limited to PowerPoint handouts and the presenters'
comments, is summary only and not legal advice. We advise you to consult with legal counsel to
determine how this information may apply to your specific facts and circumstances .
78