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welcome to school site podcast we're all.super excited I know that you guys are.excited too because we've had a lot of.interest in the live events tonight with.RSVPs and lots of people saying that.they're gonna be tuning in so this is a.really great topic and we're so excited.to have a very talented and.knowledgeable guest who understands law.and school psychology too so it's gonna.be really fun episode but my name is.Rachel I'm a school psychologist working.in there I'm gonna pass that over to.Rebecca who is going to tell you about.how to participate tonight Rebecca hi.everybody I'm Rebecca I'm a school.psychologist working in the state of.Connecticut and we would love for you to.participate if you're walking live well.just signing into your YouTube account.and commenting right along the video you.do have to be signed in but you should.see the chat feature right next to your.video if you're not watching live which.we know a lot of our far our listeners.listen on iTunes and pod meeting and sit.there and or watch later and on the.recorded YouTube video please feel free.to comment and ask questions we'd love.to continue the conversation over time.we learn so much through your.participation your thoughts your.experiences so we are looking forward to.all the connections that you make as.you're listening to this show and now.I'm going to pass it off to Eric hi.everybody I'm Eric and I'm also a school.psychologist in Connecticut and we are.excited to have Karl Portman with us.this evening who is both an attorney and.a school psychologist.so I'd like to tell you just a little.bit about him he is a graduate of bolt.Hall you know University of California.Berkeley's Law School and also has the.school psych specialist degree from.Gallaudet University and a master's in.developmental psychology also from.Gallaudet University he is currently.working as an educational attorney.assisting districts to avoid litigation.through preventive educational.educational planning and is presenting.workshops and developing trainings and.presenting material to include.prevention and legal updates.Corvin has successfully represented.represented districts at various stages.of special education litigation.including administrative hearings he has.responded assisted districts in.responding to student and employee.complaints and also successfully.represented districts with classified.and certified as certificated layoffs.and other employee related matters we.are excited to have him with us when.asked gets to have him present and we've.had a lot of interest in hearing about.what he has to say about special.education law and school psychology so.attorney Corbin would you tell us just.really briefly about your journey from.school psychology to law before we get.into the PowerPoint and discussion sure.and welcome everybody so you're at an.IEP meeting right and so you're not an.administrator your school psychologist.and so at the IEP meeting regardless of.not being an administrator who'd do all.the eyes go to when there's a legal.question a complicated special education.issue the school psychologist and so I.found myself more and more in the role.taking the lead are being asked to take.the lead by my district at contentious.IEP meetings so I decided why not just.go to law school and have everything all.my IEP meetings be contentious and and.also in California at the time and this.is as my daughter likes to say last.century so it was around 97 through 2002.2003 time period in California at the.time we were doing a lot of assessments.and so I was doing over a hundred.assessments a year and really acting as.a psychometrician getting burnt out.frankly not doing a lot of anything else.so I was looking around and I became an.attorney and I've been doing this since.2005 that's fantastic you know we were.joking just before we started perhaps.that would be an interesting Avenue for.some of us as well going for following.that same route so that's fascinating.I know you have some PowerPoint.presentation and I think we have a few.questions from ourselves as well so we.could get into that and I know just.prior to starting we neglected to.mention Twitter and a couple of ways for.people to reach us Rebecca did you want.it absolutely I forgot to mention to.tweet using the hashtag psych podcast.any comments or questions you can just.tweet right from your regular Twitter.feed or you can follow the Brit news.site podcast in general is add a podcast.site and you'll see our little logo and.then also on Facebook on the school site.ICAST page or school site to your.psychologist you can leave a message an.inbox message or comments posted to page.so we'll be looking for comments and.participation in all those places.thank cemetary alright so I'm gonna.bring up the PowerPoint here and we'll.let you have at it and I'm sure it'll be.kind of questions as we go and I know.that you're planning on devoting some.time for questions at the end so we'll.definitely get that absolutely so first.thing is Eric just mentioned all.seriousness to become an attorney if.you're looking at about three years full.time a four years part-time school.psychologist would be an excellent.attorney the same sort of skill set that.you do for school psychology will be.very applicable for an attorney plus if.you're getting bored you want to switch.careers a private law firm would love to.happen so that's enough about that and.then what I'm gonna do now you have the.PowerPoint in front of you is these are.based upon various topics.I know section 504 was very popular and.so is manifestation determinations but.I'm going to try and go through the.topics that you have in the PowerPoint.with questions and the such probably.about 30 minutes to run through.everything to a less still allow time.for additional questions and really to.talk about section 504 and manifestation.determinations that's more than I can do.here but I will mention that in.Baltimore.I am going to be doing a three hour.workshop all in section 504 in a.separate three hour workshop my.manifestation determinations okay cool.fun so flip to the next slide.you saw the agenda the law next slide so.this is what you have under federal law.is you've got the individual.Disabilities Education Act and then kind.of closely related to that is section.504 so all students with an.individualized education program IEP are.also going to be subject to OCR so both.a special education hearing and the.United States Department of Education.Office for civil rights.OCR has jurisdiction and I give you the.acronyms they're OCR and then OCR Ossur.zan osa and you have the abbreviation.and the PowerPoint although people are.listening to this on e o sirs is the.office of special education.rehabilitative services and office of.special education programs for OSA and.then you have your state law and that's.the thing with the ID ei is the ID a.sets of floor the ID a sets a floor but.your states can add on additional law on.to that so everything I'm going to share.with you here today is based on the.federal law your individual state may.have its own peculiarities on issues.especially related to specific learning.disability so then you have your you.should have your administrative hearing.is one mechanism there's also a.mechanism where a parent can file.complaint directly with the state the.administrative hearing does have the.right typically an attorney or a hearing.officer the right to have testimony to.have evidence for a compliance complaint.that may or may not involve testimony it.may be just simply on sending documents.in to your state agency they issue a.decision if either party the district of.the parent doesn't like the decision.then they can appeal it to federal.district court looking there a federal.district court your Circuit Court of.Appeals or the US Supreme Court in.California we have the California office.administrative hearings and as we were.sharing earlier.pretty much probably over 60 70 % of the.special education law and the country.either comes from California or it comes.from New York with our friends in Texas.generating a lot of law also next leg so.if you want to know your circuit court.you have on this graphic here for.example you can see the Ninth Circuit.the number nine for California and the.other states on the ninth circuit for.example the one I reside in is the.largest by geographical area largest by.population and the one that tends to be.overturned the most by the Supreme Court.because we're the rebels why I mentioned.that so why this is important as I.mentioned earlier your school.psychologist your smart folks your my.colleagues you know how to read please.go in and look at the case law.especially in this day and age trust but.verify so if someone's telling you to do.something please ask for the statute the.regulation or the case law that says why.is it you're asking me to do this thing.because you want to determine is this.something that's legally required or is.just just a preference thing if it's a.preference thing that's cool and that's.fine but you need to know the difference.if it's a legal thing then you need to.comply with it and why I'm mentioning.the circuit courts is the where the law.is gray or the courts issue a decision.the district court and then your circuit.court could reach a decision in the.Ninth Circuit that's completely contrary.to what happens in the fifth circuit so.we could have depending on part of your.country the I DEA being interpreted.completely different and then how does.that issue get resolved that gets.resolved with the supreme court with the.most recent decision being ngf cool fun.exciting next slide and i'm just looking.over here some questions carry supplies.opinion are not using intelligence tests.of african-american students that is the.Larry P decision in California it's.unique to California.if you want more information about that.then you can the cast California.Association of School Psychologists or.having a convention or Long Beach in.October and they're actually going to.have Larry P there the students from the.test are from the court case will be.there answering questions but basically.my opinion on this issue is we should be.able to use as the school psychologist.IQ test as appropriate with any student.and a single out african-american.students as opposed to long students h.mo ng from the hills of Laius or.students from jamaica or students that.come from Africa or South America with.also different cultural differences.it's strange to me that we're going to.single out and discriminate against.African American students by not giving.them a cognitive assessment and that's.all I'm gonna say about that issue any.other schools okay I'm gonna go on to.child flying next slide.so child's fine and what you have there.is the legal citation and what what I'm.gonna try and do for this presentation.for everything that I'm saying I'm gonna.try and give you a legal citation for.what I'm saying.so you school districts have a duty to.conduct child fine that means we don't.wait for mom and dad to come to us and.say I think Carl has ADHD please assess.oh we have to be searching and serving.actively looking does Carl might have.ADHD or might have a learning disability.so we have to go and approach the parent.when a sufficient trigger has been.reached we have to ask the parent can we.go forward and assess the student if and.in most states if we think that no.parents requested an assessment we don't.think there's sufficient basis we can go.and deny other parents request for.assessment we have to provide a prior.written notice sometimes known as a.7-point letter under 34 CFR 300-point.5:03 turn the next slide this is a.common misnomer so the child fine and.I've always shared with Rebecca the.child fine applies for students that.attend private schools or.schools child fine our duty to do search.answer and offer to assess is not if the.student were a hundred percent certain.that they're eligible for special ed and.I've you've got a slide here this is a.bunch of legal citations but I'd like.you to go down to the red highlighted.pursuant to the standard the appropriate.inquire is not where the child should be.referred for is whether the child should.be referred for an evaluation not.whether the child actually qualifies for.services so the law anticipates that.you're going to be essentially over.assessing and having DN Q's do not.qualify because they'd rather you have.some a number of DN Q's than to miss.some students that would qualify so.that's child fine.flip to the next slide and I'm looking.at some questions what about when you.work at a district where they won't.provide a service you feel as necessary.then if you're a nationally certified.school psychologist you have an ethical.duty you have an ethical duty to work.within your system to raise that concern.and ultimately if you can't change your.system then you have a duty to either.report out or switch to a different.system switch to a different employer.and that's really easy for me to say but.these are hard times especially when.it's a zero-sum game and there's limited.funds and I'm sure that your respective.state affiliate or at NASA they'll have.a whole workshop on ethics associated.with that and then one more does.anyone's attorney for their district.come speak at their staff meetings.that's a fascinating question and I.don't know that I know I do number of.trainings so the next is parents and.divorced parents so this is a legal.citation this is title 34 of the Code of.Federal Regulations section 30 point 3 0.we often think of parent and this is who.can consent for an assessment who can.consent for special educational services.so we know the bio are adoptive parent.that makes sense for a 1 a 2 a foster.parent the parents rights have been.limited a 3 if the court has assigned.someone to act as the double of.educational rights but look.number four I'd like everybody to kind.of focus on this and be aware of this.this is an individual acting in place of.the biological or adoptive parent that's.including a grandparent step parent the.aunt with whom the child lives but then.there's a comma or an or an individual.who's legally responsible the child's.welfare who may or may not be related to.the student and that could be depending.on your state California we have a.caregiver affidavit other states you.might have a power of attorney so you.might have the grandmother the.stepmother someone else actually the IEP.meeting who could legally authorized.assessments and authorized the.implementation or the IEP but if there's.a disagreement between say the.grandparent and the biological parent if.there's a disagreement then I don't use.the team or T word anymore but number.one supersedes number four so if there's.a disagreement between number one and.number four then the school district has.to go with the decision from number one.but Carl what about parents who get.divorced great next slide so this is.from OSHA and what else if I mentioned.them earlier off of special education.programs and there are a federal agency.that issues guidance to the states and.so what Oh sup said is either parent may.revoke consent for a student for the.purposes of assessment or for special.education of the eligibility and so.school district to like whoa whoa hold.on oh so that's not what you mean what.you really mean is if a long gives.consent then the only person who could.revoke consent is the mom if the mom.gives consent the dad can't just step in.and revoke you're not really saying that.are you oh set next slide.Oh SEP is saying that what they're.saying essentially is the vetoing parent.prevails if both parents have rights and.this is going to be legal rights and if.a parent's rights have been limited.you'll have a court order that should be.provided to your School District.explaining that but in the case of.parent that object.the veto on parent prevails and our.friends at OHS have said we appreciate.that public agencies may have.difficulties with this interpretation.when both parents with legal authority.to make educational decisions on behalf.of their child disagree on the.revocation of consent again vetoing.parent prevails next slide please.so a fairly recent case from California.and this very issue mom and dad had.joint legal custody even though the.student resided primarily with the.mother.dad said revoked all consent for special.ed mom filed for hearing to have the.district implement the office.administrative hearing said we have no.authority here where one parent objects.it's as if both parents object so what's.the remedy for this the remedy for this.is the parent who wants the services.needs to go to back to court and get a.modification of the child custody order.and I'm just here to tell you if a.divorced parent goes into court and goes.to the judge and says the school.district would like to provide special.education services but my ex-husband.my ex-partner is not providing consent.the court is almost certainly going to.give consent for that to occur but who.has to do that that's the parent has to.do that the school district has no.ability to to take to court a and for.special education services where a.parent has completely revoked consent.for assessment or denied consent.entirely on next slide and then I'm.going look at some questions Carl can I.jump in with a question of litigation.between parents if there's a restraining.order where parents can't be on campus.at the same time or if parents if one.parent can't be physically near the.child does that change their their power.to make decisions along with the I so if.a court limits so if a judge actually.limits a parent's rights then yes it.could be that you have bio mom bio dad.and I Oh dads.legal rights have been limited by a.court by Oman provides that document to.the district then yes the dad may be.very well his decisions be disregarded.he may not be invited to IEP meetings.but that's a rare circumstance the.general rule is you might have both.parents still have legal custody or.shared custody and even with the.restraining order we get that all the.time and we're not the police we're not.required to implement or enforce.restraining orders that's going to be.the responsibility of the protected.party sometimes and we also should not.hold two different IEP meetings that is.IEP meeting for parent a and then a.separate IV mean for parent B because by.definition you're excluding a parent.from one of the meetings and you're.never going to have identical.discussions instead you hold one IEP.meeting and a parent who look says I'm.not going to show up here if you have.that stepmother there I don't want to.see her well then don't come to the IEP.meeting or you could participate by.telephone but we are responsible for.policing mom and dad's personal issues.and my suggestion when this occurs is.for you to go forward and try and talk.with the more rational parent to bring.some civility to the IEP meeting because.if the bio mom is really upset that.stepmother is going to be there.can we ask maybe have to add come and.not have the stepmother can we try and.be the adults because again we're trying.to help the kids and then do that is.your question Rebecca yes and then I.have a question here if you're not in.CSP no ethical duty no what I'm saying.is if you have an NCS be nationally.certified school psychologist you.absolutely have an ethical duty you also.will have an ethical duty if you belong.to your particular state affiliate and.even if you don't belong to cap your.state affiliate or Denese you still have.a personal ethical duty so I just.pointed that out you can lose your NC SP.if you don't act in an ethical manner.but I'm not saying that if you're not a.member or if you're not a number of.Nass or your state affiliate you still.have an ethical duty and ultimately we.got in this profession for the children.and that should be your guide stone.alright so eligibility so eligibility.it's a three part test so having a.disability is just the first part you.have a disability you have to have a.disability that adversely affects your.educational performance and require.special a so for example you have a.student with attention deficit.hyperactivity disorder that alone is not.going to tell you whether or not the.student is eligible what you're also.going to need to know is is this.adversely affecting a student's.educational performance and even then.does the student require special ed.services because if it does adversely.affect but this can be met through.sitting in the front of the class maybe.having some questions read additional.times small group setting then you might.be looking at a 504 and not special.education eligibility one other thing.under adversely affects adversely effect.is not just your grades that's a single.most important thing and then three.things because we're in the field of.education so we love things by three.grades are the most important but that.ain't all it the other thing is behavior.is a student ending up in the.principal's office or school phobia.school anxiety it used to be all the.kids had ADHD now all the kids then the.kids all had bipolar disorder now all.the kids have generalized anxiety.disorders I'm anxious about the number.of our kids that are anxious so school.phobia school refusal that would also.trigger potentially adversely affected.educational performance and then the.third one and then you can think of dr..Sheldon Cooper from big bang he probably.and because I guess they're coming up.with a little Sheldon show so I'm sure.he had a good behavior I'm sure that he.had great grades but he had the issue.pragmatics almost certain law so if a.student's their performance can be.adversely affected academics behavior.pragmatics so next slide.the other thing just to share depending.on your state you probably have 13.different eligibility categories.specific learning disability other.health impaired autism emotional.disturbance or your emotional.disturbance label for your state the.courts don't care so much what the label.is for the student labeling a student is.interesting it allows them eligibility.but the label does not drive services.the student's needs should be driving.the services every area of need should.have an IEP goal provided by a service.in the least restrictive environment so.sometimes with our systems issues school.districts might get more funding if they.have a low incidence disability but.that's not the students issue that's our.systems issue our purpose is if the.student is eligible regardless of.category we have a duty to move the.student needs so I'm trying to give you.the freedom and flexibility if you're.getting in a tussle with parents over a.particular disability category can we.all agree that they're eligible great.now let's focus on the students needs.that's interesting too because I feel.like we sometimes get hung up on that.psychologists like we want to get the.label right we want to you know you also.said that every area of need needs a.goal is it okay this is an area of mood.but they can be addressed through.accommodations or what every area need a.goal to every area of needs should have.a goal and you can have Swiss Army knife.goals that might address multiple areas.of need and if it and again and this is.where the area of needs adversely.affecting the student so if it's.adversely affecting there should be a.goal but if it's just an area that's.Carl sort of needs something this area.but it's not Araya arisen to the level.of adversely affected then yeah that.might be just an accommodation to.address my need but again for special.education our job in special ed is to.work ourselves out of a job and give the.student the skills that ideally they.would be able to graduate from special.education and go back to.general education setting so part of our.job is to identify the needs and teach.the student give this dude the skills to.be able to ameliorate that adapt to that.accommodate for that and to hopefully.eventually again exit from special.education and answer your question.Rachel first gain over do we need to go.by the manuals use the descriptors or we.should use 85 150 as average range for.every test either in that unless you.have some specific state law basically.imagine you're getting into a hearing.you're getting in front of a judge.judges are smart folks but you need to.explain it to them and you're the school.psychologist so I've seen the plus or.minus one standard deviation fifteen.standard score points I've seen the.descriptor but certain tests use.different qualitative descriptors so.you're gonna have to make sure that if.you are using descriptors that you're.consistent throughout your report.because when one section you're saying.something means loan average and another.it means I don't know significantly.below average but that's both referred.to a standard score of 82 you're going.to confuse the administrative law judge.so just make sure your report reads.internally consistently okay next like.dyslexia dyscalculia dysgraphia next.slide so here's a Dear Colleague letter.so basically what this letter says first.paragraph and again the quotes this is.taken straight from the letter there's.nothing in the IDE that requires the use.of these terms there's nothing in the.IDE that precludes the use of these.terms you might have some state law.specifically on this but if you're.defaulting to the ITA then you can use.or not use these terms.um how if parent comes in and says I.went to doctor charges a lot and then my.child was diagnosed with dyslexia here.here's the report that says my child has.dyslexia it's like great fine then you.can go and put that in the present.levels of performance reference that in.the students in the performance of the.student but then ultimately we're going.to do our own assessments on this issue.the other important thing I mention.earlier the third paragraph again label.disability name does not drive services.that's going to be based upon the.students needs and again you see that in.the third paragraph which basically for.those of you that don't have the.materials in front of you the idea does.not dictate the services or.accommodations to be provided in.individual children based solely on the.disability category with such as been.classified of specific condition.underlying the child's disability.classification therefore we're not going.to dictate the feds to individual states.that you have to use a particular method.so there's nothing under federal law.that says you have to use.orton-gillingham or slingerland or any.of those programs it's up to your.dessert next slide question what do you.think about non categorical with their.ability I think there's one state and.with the Iowa or Illinois or somewhere.that doesn't have categories at all is.that something that is easier were more.complicated or I think not having worked.fair although interestingly enough my um.my brother is just share for the whole.universe I thought my brother has a.child on the spectrum and he's in Iowa.so I'll have to follow up with him on.how that exactly works I think probably.if there's no categories that it's going.to be harder to say eligible not.eligible one of the students needs I.would think so but I'm not aware of the.case law and ultimately again the case.law says we don't care what a notorious.we want to look at the students needs.crack and then the other thing that I've.heard too is that people although.everyone to acknowledge that eligibility.or category doesn't Drive you know what.specialist services look like I have.heard people say that you know they want.the ID label specifically because of.what happens after graduation that that.can be a gateway to different services.or more services I'm not sure is that a.consideration or you know yeah it is but.we have a job for students 16 individual.we have a responsibility to come up with.a transition plan to help the student.once they graduate from high school with.a regular diploma or they age out which.in most states is going to be after the.age of 21.but ultimately we're not responsible for.generating a the most recent IQ test for.a student in their spring of their.senior year so they can use that for.college that's going to be the.responsibility to parent or when a.student goes to college under section.504 that said I do think the ID label.which used to intellectual disability.which used to be mental retardation.before the federal law Rosa's law change.that no one in clay Church that's a.pretty significant label so the the.prognosis the learning interventions.that you would have for a student with.autism and called morbid ID is going to.be very different from a student that.just has autism so I do think that for.the ID there is some importance of with.that label but long answer Rachel the.next slide with dyslexia so this is the.federal law so if you look at this.specific learning disability and then it.goes through and this is 34 CFR 300.point 8 C 10 I and what this says is.basically what is it s LD specific.learning disability and it goes through.including conditions such as perceptual.disabilities brain injury minimal brain.dysfunction dyslexia so that's where in.federal law dyslexia will be referenced.next slide.most states California law similar to.Washington State's similar number of.other states they don't have a specific.eligibility category for dyslexia.dysgraphia discount CLIA what they have.is the lists are our fault with under.the umbrella of specific learning.disability so this is a Ninth Circuit.case that fairly recent one stopped.below the Supreme Court and what they.said is the parents came in and said we.wanted us an assessment specific for.dyslexia dysgraphia.Washington state does assess an area of.suspected disabilities such as reading.and writing inefficiencies but they do.it under the umbrella of specific.learning disability that's what.Washington State did in Washington state.prevailed because akin parent comes in.and says I think my child has X Y or Z.like autism for example the autism we.know school psychologists is now autism.spectrum disorder in the diagnostic.Statistical Manual fifth edition but.back in 2004 when they came up with the.legal definition of autism we were back.with the DSM 4tr so a medical diagnosis.of ASD may or may not equal an ID a.disability of autism so when again a.parent comes in and says this is my.child's disability poke at that a little.more and say what is this symptoms.associated with that and then we have a.duty to assess in all areas of suspected.disability next slide.and then I've got just a couple of.questions real quick what about when you.have a student is identified as speech.or language impaired but they need tons.of academic supports our set our SLP is.really don't like this I appreciate.there's a piece may or may not like that.but what you need to know is special.education is much like Disneyland once.you have a ticket and you have an.eligibility or a goal you're admitted.into the park even though I any of the.rides there's no Maury tickets so you.can go if a student has a speech speech.or language impairment and they happen.to need specialized academic instruction.or education related mental health.counseling services to address their.needs then we have a responsibility to.do so even under just SLI it may very.well be that the student might be.eligible under SLI and SLD or something.else but your your speech language.pathologists need to think beyond their.little box of their particular.profession another question.okay so it's a question we have teachers.who say Johnny specific learning.disability reading is struggling in math.to push for math services but when is it.a struggle and when is it in need that.varies again from state to state and.there is good case law that a see you.see is average if the students getting.C's or above then that's probably not.going to be something that's adversely.affecting them for which we need to.provide special ed services student is.getting below us even yeah there's a.good argument for that and this is that.there's no black letter law in this mean.I can't give you a one-size-fit-all.legal definition it's really going to.vary from case to case and how is the.student functioning in the general.education classroom that's where you.guys go in and you have the teacher that.says yes Carl has these difficulties of.math because I'm hoping you'll take them.away during the math period and the.whole special education room somewhere.our job is to go in do our assessments.but then also go in a natural.environment observe Carl.see how he's doing there - curriculum.based assessment and and then follow up.with the teacher because it may be again.Carl's needs can be dressed in the.general education setting the teacher.just needs the general education tools.ok PSW so I'm not going to say a lot.about patterns of strengths and.weaknesses what I'm going to share with.this is under the IDE a under 2004 PSW.really wasn't around so the law says.very little at the federal level some of.your states may have some language on.this in California we have one sentence.in the law regarding what PSW is.essentially um what that means is we are.creating case law and I'll show you an.example of that in just a minute there.is significant controversy regarding PSW.there is a nice rich food fight going on.in the literature I'm agnostic on this.issue except to say I was trained in the.discrepancy model and I we've been.hating the discrepancy model.last century we really have but coming.up with a substitute for that has been.difficult we tried to do that with.response to intervention and generally.that has not been successful across the.states so now we're looking through the.literature at PSW and what I will share.with you is rather than run off with.this quick new toy or this quick new.process please read up on this please.make sure it's doing what you think that.it will do for your district for your.students and if you are going to switch.over to PSW please get the training.before you move forward so then and then.I have a bunch of literature there and.if anybody wants to send me an email my.email address is at the end of the.slides I'm happy to send you any of the.cases that I've talked about here or.this literature it's yours I'll send it.to you have a blast make your own.decisions okay next slide there was one.case in California on PSW that basically.said PSW is okay but there was no.in-depth legal analysis and that was.2016 next line and then we had a more.recent December 18 2018 Temecula Valley.so this was a very detailed.administrative law decision I think the.administrative law judge didn't fully.understand and that's the danger to guys.administrative law judges are smart folk.but they're not school psychologists and.it's our job and the job of your.attorney and a due process hearing to.ask you the witness the questions to.give the judge the answer to be able to.find in the district's favor and so if.your attorney doesn't do their job to.get the information in front of a judge.the judge could rule against you so if.you read this case you would think that.the school psychologist did not know.what she was doing but I'm here to tell.you the school psychologist reference in.the case incredibly smart incredibly.gifted the judge however once the judge.makes a decision the judge tends to.write the decisions in favor of that and.disregards any of the positive things.that might oh the judge tells a story in.their decision and if there are facts.that are.convenient for the judges story then the.judge does not emphasize those so I give.you in here and then you could slide.slip to the next slide next slide next.slide next slide and then the very last.slide the right there stay there so.basically the judge didn't understand.outliers for PSW the judge didn't.understand the difference between point.zero five point zero one significance.level the judge didn't understand how.the recommendation for eligibility or.non eligibility was generated so the.judge basically found that because the.assessment was flawed.then the district's ability to go and.exit the student from special ed for.student who had 112 IQ was flawed so the.district lost on this issue my.understanding is this court case is up.for appeal so stay tuned and that's all.I have to say about the SW and okay IES.real quick IES independent educational.evaluations basically what you need to.know is under federal law if a parent.disagrees with your assessment then the.parent is entitled to request a.assessment paid for by your school.district and your school district has to.either agree to pay for the assessment.or file for hearing to defend the.approaches of the assessment which is.where many of you may end up in a due.process hearing defending your.assessments a parent does not have to.provide a detailed description yes I.think you should have used the point.zero five for the statistical.significance level and you shouldn't.have used the das you should have used.the unit pair doesn't need to go in into.that depth there's a great federal.district court case where the parents.sole objection that allowed her to.request an IEE.was the assessment done by the school.psychologist was quote endquote.stupid really that was all that the.parent had to say I disagree because the.report was stupid that triggers her.right to ask for an independent.educational evaluation.go to the next slide the district has to.go and respond to the parents request.without unnecessary delay how long is.that it's not in the law so when it's.not in statutory law then you look at.case law so three months is too long.74 calendar days to respond to the.parent to whether or not you're going to.agree to pay for the assessment or file.for hearing 55 days was too long but 53.days was okay and another case they.allowed 41 days legally defensible best.practices even during the summer parent.makes a request for an IEE district.should respond in 30 calendar days next.slide I've had I've had parents try and.request an independent now before I've.done my eval so they just don't like me.or don't want me to be the one to do the.evaluation they want their private.psychologist to be able to do that but.they need to go they first need to have.us to have a shot at it before they can.contest anything correct that's how it.works a school yes you're absolutely.correct an IEE is an independent.educational evaluation where they.disagree with our assessment and if we.completed assessment there's absolutely.no right to an IEE and it's fairly.common that we will get them that I only.want my private Assessor or they've.already had the assessment done and now.they say we want eligibility we're like.no we have a right to assess know um we.get to assess first parent disagrees.then that triggers the right for dyay.and I see in the comments from Rebecca.that school districts out there charging.5000 for private assessments out here in.California they are charging between.five and eight thousand with these.outside Assessors and but here's the.kicker.sometimes that's less expensive than.going to hearing so some school.districts agree to do that I would very.much prefer that school districts do go.to hearing for two big reasons first.they're going hearing to defend your.assessment so they have faith in you and.they have faith in your confidence.so I think it's important for districts.to defend their school districts and.show that they trust their results the.second reason why I think just more.districts for should file for hearing.rather than pay for II's is because okay.now you've just spent $5,000 of district.money to have doctor charges a lot do an.assessment that's going to find the.student gravely disabled make all these.recommendations for services and now the.parent files for hearing against your.district saying they would like all.these services they based upon the.evidence in the report that your.district paid for okay so now FBA and.Phipps because I want to give time for.questions still the good news is under.the IDE there is no legal definition of.what exactly a functional behavioral.assessment is there's not you have to do.a B and C or you do these five points or.it has to cover these seven areas a.federal law will gives you nothing on.this issue your state law might.California used to have long this and.they got rid of it and basically went.and deferred to the federal guidance and.I give you this and I'm not going to.read all all this for those of you.listening to this you'll have to look at.the slide but basically it describes and.I give you the legal citation from the.law and from a case about the purpose of.an FBA next slide and I give you a aasif.letter about the requirements in F I.know of an FBA it is an assessment you.do need an assessment plan and there's a.good recent OS Asian that goes out of.California from May 25th 2018 that talks.about a good FBA so if you're working.and doing fbas send me an email asking.for this case I'll be happy to send it.to you so no definition for an FBA what.about a bit behavior intervention plan.next slide you'll be happy to know again.we have no legal definition of what.exactly a bib has to be um that's good.news and bad news the good news is as.long as you're doing what's.professionally appropriate in your local.community and your.prepare to testify or penalty of perjury.that this is basically best practices in.developing a bit congratulations you.should win it here him the bad part with.this is kind of what Rachel talked about.earlier where there's no clear like for.eligibility where there's no clear.definition then it allows for a wide.variety of what's a good bit and what's.not a good bit and where the law doesn't.define it it turns it over to case law.which is unfortunate cuz now a school.district spending money on attorneys.rather than on kids in the same fashion.I give you there's a Mill Valley.Elementary School District decision and.a case of Antioch fairly recent from May.9th 2018 it talks in some great depth.about a legally defensible BIP if you're.doing anything in this area please.please send me an email I'll send em to.you next slide and this is the question.parts and looking over at the questions.and we've had a lot of questions that.come in in a lot of comments that we're.trying to kind of ferry them over to you.I've told people that you know if.something gets lost in all these in the.chat they are - for sure type and again.so if you haven't had your question.answered type it out again please.so Rachel don't like them rather than me.looking over here try to justify for the.questions if you Eric and Rebecca just.ask me a question I'll be happy to.answer it and tell you guys Bob told me.to stop just in Cory asked does it mean.that if there's an already identified.student and we want could do an FBA we.have to do a new MIT or can we just make.parent permission outside of an MIT so.and that's the letter to Christensen.that I referenced that says if you're.doing if you're doing a screening you're.doing an observation you're looking at a.classroom and you're talking about.systems then you don't need parent.consent with an assessment plan but if.you're individually assessing a student.and you're looking to adrenogenital.syndrome.by their behavior and then come up with.a goal with replacement behavior the.things we do with pips and fbas then oh.so and that's the legal citation that I.had Leonard a Christensen says you're.supposed to get informed consent from.the parent to do this assessment how.that looks like for your particular.state is up to you but I'm just sharing.you know if this goes to hearing you're.going to have to demonstrate that the.parent gave written informed consent.it's not a question about somebody.wanted to know if you have any thoughts.or recommendations for if your school.psychologists in preparation for being.involved in a hearing or a court case.like what should we.what should we be prepping is there.anything we can prep sure first thing I.will share with you is I am doing a.workshop a documented session on masks.on this issue it's like I think ninety.minutes or so and I'll talk through that.and talk about how to answer questions.how to give information to the judge.what you should be looking to go study.for beforehand and even give you some.sample questions that I've used in an.actual hearing basically you need to you.don't need to memorize anything per se.everything should be in evidence so your.report should be in the evidence for the.hearing what you need to have is.familiarity and fluency with your report.and you need to be able to explain to a.smart individual the judge the reasoning.in your report why you found what you.found what was that based upon you need.to appear credible so do your study and.be prepared to ask be prepared to be.asked cyclomatic questions like I showed.you in that Temecula Valley case because.if you are not able to explain something.to the judge and you're the expert.you're gonna lose credibility so review.your materials become fluent.don't try and memorize but know where.everything is in your report and then at.the hearing work.with your before the hearing insist to.spend time with your attorney your.attorney if they're doing their job.appropriately for your district should.be doing witness preparation with you.going over the facts of the case talking.about everything talking about your.report your input what you did you.should never ever ever all of a sudden.hey Carl be at the hearing next.Wednesday that should never happen you.should have all this preparation.associated and I would encourage you if.your district hasn't been doing that say.you know what I'd really like to get.some witness preparation here I think I.need more to be successful that's good.we had a couple questions about ie es.one about who decides on who does the.avows and then the other can parents.specify what tests so a couple of things.first to take specifying the test under.federal law know we assess in areas to.suspected disability but a parent under.federal law has no right to say yeah I.don't want you to use the whisk five I.want you to use the original lighter use.that with my child um we don't have to.do that we get to pick the assessments.so that's the first thing second after.we've done all the assessments we have a.report parents disagreeing with that.parent can then go and request an.assessment in a gaining an area of.functioning they could say I want you to.run through the das or the KABC but they.have a right to assessment in that again.area of functioning that necessarily.specific assessment um so again under.federal law no the parent doesn't have a.right to that and what was the first.part of your question Eric do parents.have the right to elect clean up eval.for an IEE so districts are allowed to.come up with criteria and criteria can.include limits on cost.it can include limits on credentialing.so if we're doing a we're doing some an.issue with cognitive assessment then.we're gonna want to have a psychologist.a school psychologist we're gonna want.to have someone with psychologists in.their name.not going to have the speech-language.pathologist giving the cognitive measure.and so you districts can and should have.criterion that we can also put limits on.cost but the limits in the cost have to.have an escape file that the parent we.can say no more than two thousand.dollars for a psycho-educational OEE but.we have to allow the parent to provide.evidence to say in their child's.particular circles unique circumstances.we need a four thousand dollar.assessment generally the court cases.have not gone and parents favors on that.issue unique really means highly.specialized and unique and just because.you may not be an expert on a student's.particular medical disorder but you're.otherwise qualified as a school.psychologist that's probably not going.to be unique enough to go beyond the.cost criteria that make sense we can.squeeze in one last question we have a.question what about in a teacher.consultation problem-solving.relationship the structure of.consultation behavioral consultations.its parent required for CBA and.behavioral observations for glenoid PS.okay so what I'm hearing is we used to.have response to interventions on States.do but many states have moved on to MTS.s multi tiers of systems and supports so.the law specifically allows for.screening and it allows for use of.through MTS s RTI interventions such as.a sub behavioral interventions so for a.general education student we can come in.and do a FBA like and develop a bit like.in the general education program without.doing an ID a assessment in the same.fashion we could provide some RTI or.pre-intervention speech language.services occupational services etc.that's legally permissible and then.would not need to get written informed.consent from the parent but careful.because you need to you also have a.child fine duty so we're always.balancing is this just a general.education issue or I don't need the go.to the ID a route and I'm going to do.this MTS intervention pre-referral.intervention do I have sufficient.information that this is triggering my.child fine duty and I need to go.straight to an IDE a assessment that's.going to be case-by-case what the law.does specifically allow and there's.guidance from Asif on this issue you can.go and do a general education FBA and.even a bit without getting through the.IAEA process without even getting.informed consent from the parent but be.careful so much great information I.think we'll wrap up I'm trying to do you.guys see any and like pressing concepts.that we can squeeze in I think I think.you've answered a lot of questions there.are a lot of questions a lot of great.comments we appreciate all the.conversation and we will continue to.sift through and get them posted and if.there are any questions over the week.afterwards those live broadcast errors.will try to get Picaro and post them on.our social media pages thank you so much.for for doing taking taking time away.from your busy schedule I know you.present all the time all over the place.so we're really lucky to have scored.yeah thank you and then I wanted to.remind everyone one-bed schools like.podcast will be on I asked presenting.when that's coming up pretty soon.so if you happen to be in my Assam you.know give us a wave or something and to.our next podcast would be on 10:20 and.that would be bit with dr. Joel Joel.Snyder so we hope to see everybody there.and yeah good night everybody.

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An art teacher had 2/3 gallon of paint to pour into containers. If he poured 1/8 gallon of paint into each container until he ran out of paint, how many containers had paint in them, including the one that was partially filled?

Or, simply, 5/8 is less than 2/3, and 6/8 (3/4) is more than 2/3. So, it would take 5 cans at 1/8 gal per can. Therefore, 6 cans. Quick math one can do in there head.

What is transmission in biology?

I don’t know enough information on 5G to give an accurate answer on that topic yet. Since it is only being tested in a few markets, I don’t expect it to be any problem for a year and a half to two years from now. If I were you and as concerned, as you are, I would start doing my own research and maybe when it is offered to all markets, you will be the one everyone is asking for information.

What do you mean transmission?

Transmission technology Transmission is actually the process of sending and propagating analog or signal of digital information. Transmission technology generally refers to physical layer protocol duties like modulation, demodulation, line, coding, and many more. It might also include higher-level protocol duties such as digitizing analog signals, data compression, etc. Types of Transmission Technology : Transmission media is basically divided into two categories : Broadcast Networks, Point-to-Point Networks. These are explained as following below. 1. Broadcast Networks : Broadcast networks are also known as terrestrial networks. It is basically a group of radio stations, television stations, or any other electronic media outlets that simply generate the agreement to air, or broadcast, content generally from a centralized source. Broadcasting is simply a method of transferring messages to all recipients simultaneously. In this network, the message that is sent by a node is received by all of the other connected nodes to network and share a common medium of communication. Broadcast networks also avoid procedures of complex routing of the switched networks by simply confirming and ensuring that each transmission of nodes is basically received by all of the other nodes in the network. This is the reason why broadcast network has a single communications channel. In this network, each of the receiving stations just receives all signals that are sent by transmitters. Even the routing of signals is highly affected passively. These networks generally have single communication that is shared by all machines present on the network. Short messages also are known as packets that are sent by any of the machines present are received by all of the others present over there. Some systems of broadcast also support transmission to a subset of machines also known as multicasting. It just links, in contrast, a communication channel that is basically shared by all of the machines in the network. 2. Point-to-Point Networks : Point-to-Point Networks or Point-to-Point Connection is a type of private data connection that is connecting securely two or more locations for private data services. It might also be configured to usually carry voice, internet, and data services together all over the same point-to-point network. It simply refers to a type of communication connection among two endpoints or nodes of communication. It is a connection among pairs of machines. Transmission from point-to-point with one sender and receiver is commonly known as unicasting. This network is generally used for two locations that are required to securely send data that is very sensitive and confidential among each of the locations. A point-to-point or P2P (Data Link) also gives or provides the path from one point that is fixed to another point being fixed. It is a very closed network data transport service that does not travel through the public Internet. This network includes various connections among individual pairs of machines. A packet present on these types of networks might be needed to go through intermediate computers before they reach the desired or destination computer. The packets also need to follow multiple routes of different length sizes. Therefore, routing algorithms are very essential and important in a point-to-point connection. This network is generally available in a range of bandwidth speeds along with point-to-point T1, point-to-point Ethernet, or many more.

What is transmission process?

In GSM, the speech coding process analyzes speech samples and outputs parameters of what the speech consists of the tone, length of tone, pitch, etc. This is then transmitted through the network to another MS, which generates the speech based on these parameters.

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