Interview of Rose Griffin, SLP & BCBA

Rose Griffin, SLP & BCBA


Anne Zachry
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Today is September 27, 2022. This post and podcast is titled, “Interview of Rose Griffin, SLP & BCBA,” which was originally recorded on August 29, 2022. In this podcast, I interview Rose Griffin about her past work in the public education system and the work she is doing now to educate professionals and parents to support children with special needs to address their challenges at the intersection of communication and behavior.

We’re here with Rose Griffin, who’s a speech language pathologist as well as a board certified behavior analyst. Correct?

Rose Griffin
That’s right, yes, less than 500 of us in the world. So …

Anne Zachry
Yeah, you’re a … you’re a rare species, and you’re very valuable. The crossover between your disciplines is really very valuable. I have another colleague, relatively local to me, who’s an OT and a BCBA. And …

Rose Griffin
… oh, yeah, that’s very rare. I probably know them. There’s not many of those at all.

Anne Zachry
Yeah … and, and so you know, her whole thing is, you know, kids, especially on the autism spectrum, that have sensory integration issues. And the degree to which that interferes with behavior, or it creates sensory-seeking behaviors that interfere with learning in the school setting, or whatever the case may be, but that sensory-behavior connection is where, you know, she really knows her stuff. And that’s very rare that I run into people who have, you know, those dual disciplines and understand the connections. And I think when you and I first started communicating about doing this podcast together, you know, my mind immediately went to functional communication. Because …

Rose Griffin
Yeah!

Anne Zachry
… because we have a lot of kids who … they have the speech and language services to teach them, you know, often in a small group or an individual one-on-one situation, sometimes pushed into a classroom situation, but most often not in my experience, and then somehow they’re supposed to generalize that to the world at large. And …

Rose Griffin
Right! It’s supposed to miraculously happen. Yeah.

Anne Zachry
Yeah, it’s just gonna be osmosis or something. And so, you know, there needs to be that explicit reinforcement of the behavior in the in vivo context, in order for them to make the connection between what you’re talking about in a therapeutic situation and real life. And that’s where the the behavioral supports come in, where functional communication skills are used as behavior strategies in an ABA based program. And so that in my mind, that’s that was where everything immediately went when I saw your qualifications, because I’m like, “Oh, she’s in that nexus of, you know …”

Rose Griffin
Heh, heh – yeah.

Anne Zachry
… where the … because all, all communi-, what is, what is the saying? “All behavior is communication”?

Rose Griffin
Right. There’s that saying. They say that a lot. Um-hmm.

Anne Zachry
And all language is a learned behavior. So you know that the language-behavior, there really is no divide. And …

Rose Griffin
Um-hmm.

Anne Zachry
… it’s just … it’s more as … it’s different nuances of the same thing parsed out and, and so what have been your experiences? Because, I’m assuming you go into the schools or you do work with the schools as well.

Rose Griffin
Yeah, so, for 20 years, I worked as a school based speech language pathologist …

Anne Zachry
Okay.

Rose Griffin
… and I started my own business called ABA Speech five years ago. And I actually just decided in May to step away from the schools to focus on my business where I offer courses, and I have a podcast called Autism Outreach, and we have products, but I still love to be in touch with the schools. So it looks a little bit different now. Now, I’m just kind of seeing a handful of a private clients. But yeah, for 20 years, I worked as a school-based SLP. And I really loved being able to provide therapy in that natural setting. And I really did a lot of push-in therapy into the classroom and some students that I needed to see in my office, but you know, I worked in middle school/high school, so maybe I had kids with selective mutism. Or maybe I had a kid who was stuttering or maybe the classroom was really loud and I needed to pull a student …

Anne Zachry
Right.

Rose Griffin
… into my office to give them a break from the classroom.

Anne Zachry
Right!

Rose Griffin
But I’ve definitely tried to push in and do like a group so I can model therapy strategies for the teacher and one on one staff and things like that. Yeah.

Anne Zachry
Well, and the push-in model is so much more supportive of generalizing those skills from a pull-out situation to real life that gives you the opportunity to go into the real life classroom and say, “Okay, here’s where you need to do this, bro,” you know?

Rose Griffin
Yeah! No, absolutely!

Anne Zachry
You’re coaching people on the pragmatics, you know, people who have a hard time reading the room?

Rose Griffin
Yeah, that’s always … Yeah, that’s what … that’s hard. That’s ever-changing for everybody. I had some students that had more direct instruction, more traditional type ABA services, and I would go into the classroom and see them in their teaching area. And every student was just so individualized.

Anne Zachry
Exactly!

Rose Griffin
But, I tried to do whatever works for the student.

Anne Zachry
That makes sense. That totally makes sense. And that’s really how it should be done. It is supposed to be individualized.

Rose Griffin
Yeah!

Anne Zachry
I just … I think it’s a, it’s a fascinating overlap that a lot of people fail to appreciate … that, that connection between language and behavior, and how much …

Rose Griffin
Oh yeah.

Anne Zachry
… how much, you know, how often do we say, “No hitting; use your words,” and yet, that connection still doesn’t get made in people’s minds? You know, it’s like, well, after they’re toddlers, that doesn’t count anymore. It’s like, “No, it always counts! …”

Rose Griffin
Right!

Anne Zachry
“… That never goes away!”

Rose Griffin
That’s my own kids. Yeah, they’re like, you know, in upper elementary school and middle school …

Anne Zachry
Right. Well, and I have to say, you know, I mean, I use these skills just as much to navigate the politics of the IEP process, as …

Rose Griffin
Um-hmm.

Anne Zachry
I’m using the same skills to deal with the adults in the situation, and to try …

Rose Griffin
Yeah. Yeah.

Anne Zachry
… and get an IEP to say what it needs to say,

Rose Griffin
Um-hmm.

Anne Zachry
… without ruffling feathers, and without people getting their feelings hurt …

Rose Griffin
Oh, yeah!

Anne Zachry
… and taking things personally, when it’s about the construction of a legally binding document and not anybody’s personality, and …

Rose Griffin
Ha, ha, yeah.

Anne Zachry
… and so it’s, you know, having to dance around all of that, I find that … I mean, that my … I have my master’s in educational psychology. I’m qualified to go in and do school-based …

Rose Griffin
Yeah.

Anne Zachry
… you know, behavior assessments, but I don’t go in as an outside assessor. I’m there as the lay advocate. And so I keep that hat on.

Rose Griffin
Oh, okay. Yeah.

Anne Zachry
But I’m going in as an informed lay advocate, and I’ve also paralegaled all the way up to the Ninth Circuit of the Court of Appeals. So the only place I haven’t gone yet is the US Supreme Court. And so, so I … I’m coming at this from both a compliance standpoint, and from a science standpoint …

Rose Griffin
Uh-huh.

Anne Zachry
… that the law mandates the application of the peer-reviewed research to the design and delivery of special ed.

Rose Griffin
Um-hmm.

Anne Zachry
But we don’t have any mechanisms in place to really truly facilitate that. And so when I find people who have extraordinary qualifications, who have worked in the school setting, who have like, “Okay, I found my work-around.” You know, it’s you’re having to drag the science into a setting that really isn’t designed for it …

Rose Griffin
Um-hmm.

Anne Zachry
… and, and trying to implement it in a situation where you’re having to sell everybody on the inside of the legitimacy of what you’re trying to do …

Rose Griffin
Um-hmm.

Anne Zachry
… because it’s not how it’s always been done.

Rose Griffin
Right.

Anne Zachry
And so, there’s a lot of politics and culture, you know, internal district culture issues that have to be overcome before … you know, sometimes … the science will be legitimately applied. And so I see varying degrees of success with kids who have IEPs that call for certain things, but they jump from one school district to another. And what that looks like in one place to a different place are two totally different things. And the child does better in one setting versus the other with things that say they’re … identically described on paper.

Rose Griffin
Um-hmm.

Anne Zachry
And it really does come down to quality control at the individual school sites. And what I one of the questions I wanted to ask you was about fidelity and data collection …

Rose Griffin
Hmm.

Anne Zachry
… because one of the biggest issues that I’ve run into in any aspect of special ed is the validity of how the data is being collected, basically going to the measurability of the goals, whether or not they’re legitimately measurable.

Rose Griffin
Um-hmm.

Anne Zachry
Because, back in the 90s, to backtrack a little bit, there was some kind of workshop for teachers somewhere, and I’m not sure who the entity was that put it on, I have my suspicions. There’s organizations out there that tend to disfavor special ed …

Rose Griffin
Oh, okay.

Anne Zachry
… as something no government should be doing.

Rose Griffin
Um-hmm.

Anne Zachry
And there’s a number of those individuals, certainly not the majority of people in public education, but there are a number of them who are employed within public education, who truly do not believe that this is how government resources should be expended. And they’re in the camp of Betsy DeVos, who wants to dismantle the U.S. Department of Education.

Rose Griffin
Yeah.

Anne Zachry
So, they’re there to undermine it from within and prove that somehow government doesn’t really work. “Well, yeah, not when you’re there, doing that kind of stuff!”

Rose Griffin
Uh-huh.

Anne Zachry
And so there’s people of that ilk who are peppered throughout the system, who are trying to prevent anything that’s going to produce a system of accountability, anything that’s going to create an audit trail. This is why you haven’t seen all of the business automation technologies that were perfected in the private industry over the last 30-40 years. They still have not been deployed throughout all of our public agencies …

Rose Griffin
Um-hmm.

Anne Zachry
… because then you … the people who are misappropriating funds and doing illicit things, they have no shadows to hide in anymore.

Rose Griffin
Hmm!

Anne Zachry
And similarly, when ABA showed up in the special ed arena with all of the data collection and doing it according to a scientifically valid method …

Rose Griffin
Um-hmm.

Anne Zachry
… well, that meant that you were going to take data on everybody blowing it …

Rose Griffin
Um-hmm.

Anne Zachry
… and you were gonna … you were gonna create evidence that families could use to hold their school districts accountable if you actually took data on what was really going on. And you know, as … as a BCBA, I know you know this, that it’s not just … when you’re doing a truly scientifically rigorous ABA program, you’re not just taking data on how the individual responds to the intervention, you’re also taking data on how the implementers are implementing the plan with fidelity. You’re taking fidelity data on how well the plan is implemented, because it can only fail for one of two reasons: either a design flaw or an implementation failure. So you’ve got to have data on “Is the design working?”, which you only know, if you’re trying to implement the plan, according to its design. We have seen a huge, huge push against taking fidelity data as part of any child’s behavior intervention plan in an IEP because of the audit trail it will create, and the fact that it will capture people not doing the job rather than you know, using it as a quality control measure. And so it seems to … in my experience, what I’ve run into it, you know … and bearing in mind that I only get contacted by people whose kids IEPs are just gone off the rails, and it’s a horrible situation.

Rose Griffin
Yeah.

Anne Zachry
Nobody calls me up to tell me how great is going. So I’m only coming into the worst of the worst. But stepping into the worst of the worst, what I find are concerted efforts to cover things up when things have gone wrong, and then try to create a some sort of legal defense that shifts the blame away from the school district. And, you know, one of the preemptive legal defense strategies that their lawyers will, will have them do is like take as little data as possible. And, and so you have this … this energy against valid data collection and fidelity measurement that undermines the integrity of the process, even though the law mandates the application of the science. And that’s not the science, you know. And so, families … but families are the enforcement arm of the law, because you know, we’re a government of the people. So if … there’s no, you know, special ed police running around to make sure everybody’s doing it the way it’s supposed to be done. The only way the law gets enforced is when somebody breaks it and a parent reports them.

Rose Griffin
Hmm.

Anne Zachry
And so, we have parents having to bear the burden of understanding what the science is to even be able to know that it hasn’t been applied. And we have people in the schools who don’t know the science, much less how to apply it. And so we’ve got a lot of changes coming up on the horizon that we see are inevitable in that regard, but having worked for 20 years in the public schools having tried to apply the science to the benefit of children, what have your experiences been of trying to stick to the … to the fidelity of the science that’s behind what you’re doing? Has that been a challenge for you?

Rose Griffin
Yeah, I’ve had great experiences. Yeah, I’ve been a school-based speech therapist and have worked really hard to build rapport with families and teams, and, yeah, we really help students and support them in that natural environment of a public school. So yeah, on my end, it’s been really, it’s been really positive for my students to get those services within public school. It’s been great.

Anne Zachry
Have you had a hard time, though, with respect to the peer-reviewed research and being able to bring in the current research into the school setting and implement the new stuff?

Rose Griffin
No, and it might just be where I live, you know, I live in Cleveland, Ohio, a suburb of that. And we have a lot of really great providers here. And, yeah, I’ve just had really great experiences. And haven’t really had …

Anne Zachry
That’s fabulous to hear, because I’m telling you this, this is my uphill battle all the time. And I’m in California, which is one of the most progressive and heavily regulated states in the country for special ed.

Rose Griffin
Oh yeah. Wow!

Anne Zachry
I mean, we kind of set the tone for because we have more special ed due process cases every year …

Rose Griffin
Oh, I’m sure.

Anne Zachry
… that I mean …

Rose Griffin
It’s so big.

Anne Zachry
Yeah, some states go for years without having any at all.

Rose Griffin
Right! Lucky them!

Anne Zachry
And, and so it goes to the degree that the parents don’t know their rights …

Rose Griffin
Right.

Anne Zachry
… or things are going successfully and you don’t have the kinds of challenges that you know, that other districts run into. And I think it goes to quality of leadership. So it sounds to me like you’ve been in a very blessed situation where you haven’t had to contend with those kinds of situations, which are just, you know …

Rose Griffin
Yeah.

Anne Zachry
… more, more common …

Rose Griffin
Yeah!

Anne Zachry
… than people would like to think. I mean, you know, we have…

Rose Griffin
Right. Um-umm.

Anne Zachry
… our organization was actually founded in 2003, following the death of a classmate of our founder’s nephew, who was …

Rose Griffin
Awww!

Anne Zachry
… was smothered to death by his teacher in front of everybody in the classroom during an unlawful prone restraint. And …

Rose Griffin
Oh dear!

Anne Zachry
Yeah, and …

Rose Griffin
No wonder!

Anne Zachry
… and it was horrible and … and he never went back to school after that. It was a class for emotionally disturbed children, and this teacher was …

Rose Griffin
Oh dear!

Anne Zachry
… supposed to be there to help all these children with these mental and emotional health needs get better. And, instead …

Rose Griffin
Umm, oh dear!

Anne Zachry
… she was this authoritarian monster who just bullied them. And … and so, you know, these things do happen. And it’s not as rare as people would like. That case actually ended up being included in … and I’ve got written in the blog post that goes with this podcast, I’ll include links for it …

Rose Griffin
Yeah.

Anne Zachry
… we have an article about this from a while back, but that just explained our history and how this all happened. But this particular child’s family, he was a foster child. And so the moment his life was terminated, so was his foster mother’s parental authority. And so she couldn’t do anything to hold anybody accountable, because she no longer had parental rights at that point. She had no authority and no standing.

Rose Griffin
Um-hmm.

Anne Zachry
But, a few years after that, Congress had commissioned a study on the use of seclusion and restraints and special ed in the public schools. And, it was public schools in general, but it turned out that special ed kids were the ones who are most commonly restrained and secluded. And, this young man’s case was in part of the that federal investigation.

Rose Griffin
Hmm!

Anne Zachry
We were shocked to see it, because it’s the reason why we founded our organization. It was the, you know, the final straw …

Rose Griffin
Um-hmm.

Anne Zachry
… that made us pull that plug. But, to see that in the federal report, and it was actually, like, one of the feature cases, and they actually had the foster mother go to Washington, DC, and testify before Congress about what had happened.

Rose Griffin
Hmm!

Anne Zachry
And, what they determined was the teacher had never been held accountable, that she had never received any kind of negative consequence for any of this, and was able to leave the state of Texas and go to Virginia. And, at the time of the hearing, when this foster mother was testifying, this teacher was only 45 minutes away running a special ed classroom in Virginia from where Congress …

Rose Griffin
Hmm!

Anne Zachry
… was hearing testimony about how she had murdered this child and got away with it. It’s a failure of multiple systems. But this goes to our whole thing that special ed is really … the work that we do in advocacy to address these kinds of problems is really part of a larger social justice issue. Because …

Rose Griffin
Um-hmm.

Anne Zachry
… it wasn’t just the special ed system that failed.

Rose Griffin
Um-hmm.

Anne Zachry
It was the foster care system, it was the criminal justice system, it was the teacher credentialing system, it was … there was all kinds of parts of the system that broke down that allowed this to happen. And a lot of it goes to the bureaucracy and the lack of communication. And if all of these agencies were actually interconnected in a wide area network, enterprise-class computing environment, the way that, like Walmart, or Sanyo, or UPS Freight, or any of these big global organizations that have these huge computing environments … they overcame these obstacles decades ago, but we don’t have the same consistency of flow of information. And because of that, we’ve got consumers having to go to 15 different agencies and applying for 15 different types of service, you know, and maybe you’re talking about somebody in a wheelchair with an oxygen tank, who has to go trucking around all over the place, instead of the money following the consumer, the consumer has to go chasing after the money. And so we’ve got a lot of organizational defects, you know, when you start looking at … you talk to … start talking about a plan and looking at a behavior plan versus a plan for the operation of an entity, it really isn’t that remarkably different. And does this plan actually support the functions of the behaviors that you know … do these behaviors support the function of the organization? Are we rewarding …

Rose Griffin
Hmm!

Anne Zachry
… are we reinforcing the right behaviors in this organization? And so for me, I think that there’s also a carryover of what you do into the organizational structure of, you know, in the organizational cultures. I know that ABA is used very much in an industrial sense, by private industry, but to create …

Rose Griffin
Um-hmm.

Anne Zachry
… you know, positive workplace environments. And do you see a value of your profession and people in your profession, you know … crossover between both, really … of going in and doing professional development and positive culture building and in help healing the cultures of some of these environments where people are not invested in their constituents?

Rose Griffin
You know, yeah! There’s a whole branch of ABA called OBM. Organizational Behavior Management, I think it’s what it’s called.

Anne Zachry
Yep.

Rose Griffin
I don’t have any experience with that. But I think it makes a lot of sense to use the science and there are people that specialize in just doing that. And they’re doing … going into organizations helping with the culture, helping streamline workflows, and I think that is definitely something that’s positive. There’s so many different things that you can do with the science of applied behavioral analysis …

Anne Zachry
Oh, I know!

Rose Griffin
… autism is just one very small area. So …

Anne Zachry
That’s what I tell people!

Rose Griffin
People make mistakes about that, as well.

Anne Zachry
I tell people that. I’m, like, look! ABA is a science; it is not an autism service.

Rose Griffin
Um-hmm!

Anne Zachry
It’s the science behind certain autism services that address behavior, but it is not an autism service, per se. And a lot of people don’t realize that I’m like, no ABA applies to crustaceans and computer code …

Rose Griffin
Ha, ha, yeah!

Anne Zachry
… you can analyze anything that behaves and there’s always a cause for everything, you know, and everything serves a function, and so that’s something that I think that there needs to be more discussion around and more research done into of how that organizational aspect of ABA can be used as part of the healing process of all of these things that we’re dealing with in our culture right now. I mean, all of the conflicts and the dividedness, and the fights and, you know, it just I think that ABA sort of takes the temperature down because you’re doing nothing but black and white neutral statements of fact …

Rose Griffin
Um-hmm.

Anne Zachry
… and only things that are objectively observable, like this is what we know to be true. And I think that bringing the conversation back to … I mean … getting away from the hysteria and coming back to the rule of law and back to scientific method, both of which are evidence-based, you know … you have to use logic statements … they are very similar in to how you execute both … that calmer heads can sit there and do that kind of black and white analysis and like, “Okay, let’s get to the to the bottom line of what is, and then we can decide how we’re going to emotionally react to it.” But right now …

Rose Griffin
Hmm! Um-hmm.

Anne Zachry
… we’ve got everybody reacting to the data rather than to the outcome of the analysis.

Rose Griffin
Um-hmm.

Anne Zachry
… that, you know, people are pre-judging what a piece of data might actually mean rather than putting it all together and reaching a logical conclusion, “Okay, here’s the story is told by the evidence.” And I think that we do our young people a huge disservice by not teaching them to think that way, as just simply part of curriculum. I think that there’s a huge value in teaching people about ABA as part of like a high school psychology class, I think that it’s a skill that is …

Rose Griffin
Um-hmm.

Anne Zachry
… all it is, is the ability to see what is without cluttering it up with a bunch of other superfluous details. It’s about how to prioritize your data and focus on what’s the most important thing …

Rose Griffin
Um-hmm.

Anne Zachry
… and engage in that neutral fact-based decision-making. And I think that if that were taught as a skill just in, in general, for all kids, I think that would help develop them, especially in high school, when that prefrontal cortex is starting to come online, and they’re starting to think more abstractly, and they’re looking for that kind of structure to structure their thoughts. I think that that’s something that we need to start really thinking about, as we we try to … to develop tomorrow’s leaders and problem solvers. That ABA, just as a skill, as a science …

Rose Griffin
Um-hmm.

Anne Zachry
… is valuable, just as much as it is to learn about the law of gravity.

Rose Griffin
Heh, he, um-hmm.

Anne Zachry
You know, I think that we focus on the physical aspects, and we consider the hard sciences more legit than the soft sciences. And I’m like, I don’t see how you think that ABA is not hard science …

Rose Griffin
Um-hmm.

Anne Zachry
And so I’m, I mean, what are your thoughts about making the science just more part of a mainstream part of the human experience and making it more part of the … of just common knowledge? How valuable do you think that is?

Rose Griffin
Yeah, I mean, you know, with my business at ABA Speech, I disseminate information daily. And I don’t always even say that it’s ABA. But I just talk about the way that I use the science of applied behavior analysis is by helping autistic learners find their voice and increase their communication skills. And so everybody that is a BCBA definitely has the opportunity to disseminate and to share how they’re using the science to help support students or whatever facet, they are included in. So I think that being able to share that is important. And that’s what I do through my online business. So it’s important to me to share that.

Anne Zachry
Yeah, I think the more that the folks I work with understand the science that is being applied to their kids, the more comfortable they are with it, and it logically makes sense to them. And I have moms who will … are like Goddesses at coming up with goals and how to track the data …

Rose Griffin
Ha, ha, ha!

Anne Zachry
…. and how you know which method, you know, “I’m gonna do DRI or a DRA.” And I’m like, “Okay.”

Rose Griffin
Ha, ha, ha!

Anne Zachry
And they’re like, you know, honorary BCBAs after a while, and I …

Rose Griffin
Hmm!

Anne Zachry
… it’s because all it really does is measure what already is.

Rose Griffin
Um-hmm.

Anne Zachry
It’s not like you made up something new. you’re just trying … it’s a way of documenting what’s happening in the environment, and then what to make of that data once you’ve collected it. So it’s not like you’re making something new out of what is or, you know, inventing a new chemical or something. It’s looking at, “Okay, here’s what’s going on in this actual real world environment,” you know, and then to the degree that language plays into it, which is always, you know, usually part of it.

Rose Griffin
Hmm!

Anne Zachry
And so to circle back around to the school and the speech and language and the ABA overlaps, do you find that it is more efficient for you to be able to wear both of those hats? Or do you find that it can be equally effective to have a team where you’ve got a BCBA and a speech-language pathologist working together? I mean, what do you … how do you see, you know, all the different ways to still come up with the same information that a team might need with respect to behavior and communication?

Rose Griffin
Yeah, in a school setting, you’re typically going to have one person that’s a speech therapist, and one person that’s the BCBA, and they can work collaboratively together with the students, the family, the teacher. Even though I’m dually certified, my role on the team in this particular job setting was as a speech-language pathologist …

Anne Zachry
Got it.

Rose Griffin
… so we actually had an outside consultant that we would work with. And it’s so much easier for me to work with outside consultants, because I’m a BCBA, so I understand all the different things that they’re talking about. So is it easier for me to work with consultants, and to make that a cohesive team? It absolutely is. But you know, being dually certified, allows me to work with ABA providers that want to offer speech therapy or offer consultations, or I help different ABA providers with professional development about communication. And so being dually certified is a very special niche area. And I can help businesses and families and individuals in a very specific way. But if you have a team and you have a few therapists, and you have a BCBA, and they’re able to collaborate, that’s just as impactful.

Anne Zachry
Yeah, it does … I mean, it’s sort of like, well, you have all your eggs in one basket on the one hand …

Rose Griffin
Ha, ha, ha.

Anne Zachry
… but at the same time, you’re also got a more efficient a … you know, a faster machine and in a manner of speaking, because you’re not having to do the … everybody on the team coming together and collaborating. It’s all in one brain and they can just, “Blech, there it is.”

Rose Griffin
Ha, ha, ha.

Anne Zachry
So, I mean, I, you know, and I totally get that. And I mean, I’m in a similar situation in that I’m in the nexus between the legal side of it as a paralegal and a lay advocate …

Rose Griffin
Hmm.

Anne Zachry
… but also coming from the scientific side of it with my master’s in educational psychology and all the work that I’ve done in that regard …

Rose Griffin
Um-hmm.

Anne Zachry
… and so I’m straddling that nexus between where normally you would have to have an attorney who brings in an expert to tell them …

Rose Griffin
Right.

Anne Zachry
… the science part of it. So you’ve got the expert who knows the science, and you’ve got the lawyer who knows the law, but sometimes there’s things they miss, because they’re talking apples and oranges. And they don’t, you know … and it’s not quite the same, because I think the connection between speech and language pathology and behavior is like way closer. I mean, it’s really just, you know, two sides of the same coin.

Rose Griffin
Um-hmm.

Anne Zachry
Whereas, what I’m doing, I’m really having to straddle two different universes and trying to get these people to understand each other’s professional lingo, because, you know …

Rose Griffin
Um-hmm. Yeah!

Anne Zachry
… you know the educators have their their jargon. And, the lawyers have their jargon. And, a lawyer may be able to identify that, you know, a timeline was violated, or, you know, “Well, this kid’s nonverbal and you didn’t do a speech and language assessment at all. How is this possibly a comprehensive triennial evaluation?” You know, it’s like … when it’s really over the top egregious stuff like that, a lawyer will recognize the failure.

Rose Griffin
Yeah.

Anne Zachry
But, when you’re talking about, “Well, this child has the potential to make X amount of growth in reading ability over the next year, but you’re not targeting an outcome that’s that aggressive; you’re low-balling this kid on his IEP goals,” a lawyer is not going to look at an IEP and be able to recognize that.

Rose Griffin
Um-hmm.

Anne Zachry
You’ve got to have somebody who’s an expert in the data and the assessment stuff to be able to look at, “Okay, well, what did the assessment data say about this child’s capacity to learn? And how …” you know, “… and where their baselines were at the time everything was written, and how aggressive is this goal relative to their baselines based on what we know about their capacity to learn?” So you’ve got a scientific analysis that has to happen that a lawyer is not going to be able to do, but then you have educators who come into it and don’t know the legal side of it. And so they’ll see that discrepancy, but they don’t know how to advocate for the right thing. And a lot of times, if they’re going to a school district administrator who doesn’t know that, either, they’ll just “Oh, I guess that’s just the way it is.” It doesn’t occur to them that there’s something that can be done, or that the law requires more …

Rose Griffin
Um-hmm.

Anne Zachry
… and they … and it comes down to professional development. It’s not because anybody has ill intent. It’s not because somebody is trying to hurt a kid. More often than not, what I run into, when I run into the challenges that I run into, it’s not because somebody’s mean and they want to hurt somebody. It’s because they don’t know …

Rose Griffin
Um-hmm.

Anne Zachry
… and they don’t have the resources, and nobody told them. You know, I think it’s exciting for me to hear from professionals who come from schools where that’s not so much the case. That you’re … you’re in a situation where you’ve got a really progressive team. And I’ve talked to other educators who come from really progressive public schools and school districts where, you know, everything is evidence-based, and you’ve got a really amazing people who are pushing forward, really progressive and collaborative types of projects that include the families and don’t vilify them. But, you still got some really weird, old, cronyistic, “Boss Hogg/Roscoe P. Coltrane” kind of stuff going on out there, too.

Rose Griffin
Ha, ha, ha.

Anne Zachry
And so it’s a mix, you know? Iit’s a mixed bag. And I think that where you are has a lot to do with it. So it’s exciting to hear. And you said, you’re in Ohio.

Rose Griffin
Yes, I’m in Ohio. So yeah, I’ve had really positive experiences. It’s been … it’s been really wonderful. I was sad to step away from the schools after 20 years, but I just … my business has grown so much at ABA Speech that, you know, it’s just what I needed to do. So …

Anne Zachry
That’s exciting to hear too. Because you know, all growth is just part of life. You have to grow and evolve into something else.

Rose Griffin
Um-hmm.

Anne Zachry
And whatever skills you acquire in one situation, and the benefit you serve to people while you were there just equips you to serve other people in a different kind of way better, stronger, you know. And so it sounds like that’s what you’re doing. So with your practice, now, you’re mostly working with private families, and then consulting with organizations?

Rose Griffin
Yeah, so I divide my time. My podcast, Autism Outreach, is a big part of what I do. Yesterday, I batched three episodes. And so we have monetized my podcast. And so we offer it for continuing education units for … geared towards speech-language pathologists.

Anne Zachry
Nice!

Rose Griffin
And then I do some therapy. I see a couple clients privately, and then I do some telehealth. I’m actually licensed in Washington State.

Anne Zachry
Nice!

Rose Griffin
And so I act in the capacity of helping ABA centers sometimes provide speech therapy. And then sometimes I just do consultations for complex communication cases. And I do a lot of presenting. I do a lot of speaking about working on autism and communication and how to help students at various levels along their communication journey. And we offer courses. That’s the biggest thing that we do is we offer courses about autism that are geared towards professionals and parents that are a little familiar with the science of applied behavior analysis, would probably be the best way to describe it. And we’ve just had a great chance and opportunity to be able to reach people through our courses. That’s been really something that’s been very rewarding.

Anne Zachry
That speaks to the concern I was having before about, you know, just how difficult it is to get the science pushed into the schools.

Rose Griffin
Really?

Anne Zachry
So, people who are doing the kind of work that you’re doing …

Rose Griffin
Yeah.

Anne Zachry
… and be able to reach through to them through the internet and nonetheless get the information out to these people. So they have access, I think that is so incredibly important. And that’s going to be such a huge part of what makes things better is people like you doing the kind of work that you’re doing, because you found a workaround.

Rose Griffin
Right!

Anne Zachry
It’s like, “Okay, well, maybe I’m not gonna go down to the local school district and hold a workshop today. But I don’t have to,” you know? “I can do it myself …

Rose Griffin
Right!

Anne Zachry
… and put it out there, and people can get their continuing ed units.” And then, you know, Bob’s your uncle, there it is.

Rose Griffin
Yeah! Yeah!

Anne Zachry
And so I think that that’s very encouraging,

Rose Griffin
Because our courses are offered for speech language-pathologists for their CEUs. Also, for board certified behavior analysts, they’re called ACEUs. And then also, we do general certificates for teachers and parents. And that’s been really great. So it’s really just a mix of I do live presentations. But then I also have these courses that are usually on Evergreen. And we have a new course coming out in September, that is called The Advanced Language Learner. And that is going to be about students who are using two to three words on their own, and how to help them go beyond basic communication skills. So I’m very, very excited and have been working diligently on that launch. So that will happen mid-September.

Anne Zachry
That sounds really exciting! All of that sounds amazing and wonderful. So, well, I’m excited to be able to share that with our audience, because I know there’s gonna be a lot of families out there who will benefit from it. I mean, by no means are our entire caseload, you know, kids with autism. That’s some, you know … a good fair percentage of our caseload.

Rose Griffin
Um-hmm. Yeah.

Anne Zachry
But, you know, and that’s … they’re not the only kids who would benefit from something like that either. And then I have lots of kids with other types of issues …

Rose Griffin
Yep. Um-hmm.

Anne Zachry
… that that would really speak to their needs as well, and that knowledge being out there for the professionals in their lives, as well as their parents. The parent education piece is really important. And I … so here’s a thought …

Rose Griffin
Um-hmm?

Anne Zachry
The implementing regulations of the IDEA include in its description of all the different things that can be related services … like speech and language, or transportation, or OT, or whatever …

Rose Griffin
Um-hmm.

Anne Zachry
parent training and counseling is also listed. And …

Rose Griffin
Hmm!

Anne Zachry
… and so some … and the purpose of that being as a related service is so that parents can understand their children’s disability better and be more effective participants in the IEP process and understand the IEP process … because they have federally protected rights to informed consent and meaningful parent participation in the IEP process, and they can’t participate meaningfully if they don’t understand.

Rose Griffin
Hmm.

Anne Zachry
So, the parent counseling and training component is to help the parents get up to speed on what’s going on with their kid based on what the assessment … help them understand the disability, and also, you know, how to support and be part of the IEP team.

Rose Griffin
Right.

Anne Zachry
And, be able to be a collaborative member of the whole process …

Rose Griffin
Um-hmm.

Anne Zachry
… and have that meaningful parent participation where they’re not in there, just you know, having hysterical fits, because they don’t understand and nobody can get anything done, you know? Because that can happen. And so, I’m wondering how easy it would be for a parent to be able to get the cost of doing training through your program covered as an IEP cost?

Rose Griffin
Yeah, you know, I actually did have somebody reached out from California …

Anne Zachry
Where I’m at.

Rose Griffin
… where they wanted to sign their parent up for this parent training. That they wanted to know if I was a provider, which I think is something that’s very specific to California and the region.

Anne Zachry
Right, you have to be …

Rose Griffin
I have a friend that is an SLP.

Anne Zachry
Um-hmm. Yeah.

Rose Griffin
And I was, like, “Oh, I’m not covered on that.” So, I mean, if there’s any way that I could be covered on things like with that, she said that I would have to have a physical location in California …

Anne Zachry
No, no, no, no!

Rose Griffin
… which I’m not going to do from Ohio.

Anne Zachry
Here’s what you do. You do it as a reimbursement model. The parent pays you directly …

Rose Griffin
Oh!

Anne Zachry
… and the parents simply gets reimbursed.

Rose Griffin
Yeah!

Anne Zachry
That’s how you work around that requirement.

Rose Griffin
Okay!

Anne Zachry
Because, what you’re talking about is in California, in order for an agency to contract with the school district to provide anything special ed-related …

Rose Griffin
Yeah.

Anne Zachry
… they have to be a non-public school or a non-public agency. There’s a license you have to get from the California Department of Education.

Rose Griffin
Hmm.

Anne Zachry
And you have to have all this, like, this behemoth of a red tape process. It’s almost not even worth it for a lot of people …

Rose Griffin
Okay. Right.

Anne Zachry
… and which is why it’s so hard to find people to do it.

Rose Griffin
Yeah.

Anne Zachry
The workaround is if you have someone in private practice, and the parent simply pays and then gets reimbursed. If they have the means to do that, then a reimbursement model is the workaround for those kinds of things in special ed and that’s … you can write it into the IEP that way, or sometimes it will come up as part of a settlement agreement. And …

Rose Griffin
Okay, because I’ve had some people reach out to me that way, from California, but I’m just I’m not there. I’m not licensed in California. And …

Anne Zachry
You could do it remotely. And yeah, I mean, there’s your answer. So, if that helps you, you know, serve families in my state, that would be great! Ha, ha, ha!

Rose Griffin
Okay, good to know.

Anne Zachry
Yeah, no! There’s absolutely a work-around.

Rose Griffin
We definitely have courses that parents really, you know, enjoy, so … and just helps them feel like they have a better understanding of what’s going on in therapy, even if they’re not going to be the therapy provider themselves …

Anne Zachry
Right.

Rose Griffin
It just gives them more of an overall …

Anne Zachry
Well, yeah. That’s the whole point of understanding what’s really going on and why these things are important …

Rose Griffin
Um-hmm.

Anne Zachry
… and why it’s important for them to …

Rose Griffin
Yeah.

Anne Zachry
… you know, facilitate it and, you know, be part of the team to make it happen. You know, I would say to any parents who may have already paid for your services, especially if it’s been within the last year or two, you know, and a lot of people coming off the pandemic have had to go out and privately fund a lot of stuff that they wouldn’t have otherwise expected to have to do …

Rose Griffin
Um-hmm.

Anne Zachry
… that, they might want to save those receipts and their proofs of payment. And if they are …

Rose Griffin
Right.

Anne Zachry
… in any kind of dispute with their school districts trying to get services that they’ve otherwise had to get from you, that …

Rose Griffin
Right.

Anne Zachry
… if they were out of pocket for that, that that could be a reimbursable expense. And if they are going down that route, they do have an attorney or someone helping them with that process to have that person to look at the situation, the facts of their case, and how much they’ve had to spend on that, to see if it’s recoverable. Because you know, in very … a lot of instances, I would think that not just the speech and language or the ABA or any of this … that stuff you’re doing, but also the parent training could be a recoverable expense, because of that provision under the IDEA a that provides for parent training and counseling. So, just something to keep in mind. It could get get written into a kid’s IEP, and then, you know …

Rose Griffin
Right.

Anne Zachry
… if it’s not California, the district could potentially contract with you directly. Yeah, because we’re regulated …

Rose Griffin
Right.

Anne Zachry
… we’re so regulated. And you know, it offers a lot of good protections that the federal law doesn’t offer. But it sometimes …

Rose Griffin
Um-hmm.

Anne Zachry
… also creates additional bureaucracy. It’s like “Really?” Yeah, in other states, that wouldn’t necessarily be the case. And you could actually get your product and your services written directly into a kid’s IEP …

Rose Griffin
Hmm!

Anne Zachry
… and get funded by the district for that. Another …

Rose Griffin
Um-hmm.

Anne Zachry
… thing that I’ve seen with people doing similar kinds of programs like yours is that sometimes they will be able to get a contract with a school district to use the product, like on a licensed basis, where …

Rose Griffin
Hmm!

Anne Zachry
… you train the speech and language pathologist

Rose Griffin
Um-hmm.

Anne Zachry
… to replicate your content in their setting.

Rose Griffin
Hmm.

Anne Zachry
And, you know, any therapies or anything that you’ve developed or any strategies you develop that are branded to you then becomes …

Rose Griffin
Um-hmm.

Anne Zachry
… it’s like … it makes me think of, for pragmatic language assessments you have was Michelle Winner-Garcia, Michelle Garcia-Winner, I never can remember …

Rose Griffin
We really don’t use her that much anymore. I mean, I think …

Anne Zachry
Yeah, but back in the day, I remember that was…

Rose Griffin
… the test for pragmatic language is the CASL. Yeah.

Anne Zachry
Well, but the CASL is a standardized measure. So a …

Rose Griffin
Um-hmm.

Anne Zachry
… norm-reference test is not …

Rose Griffin
… not observation …

Anne Zachry
going to get you …Yeah, it’s not going to give you the exact same kind of a thing as an …

Rose Griffin
Right, right.

Anne Zachry
in vivo, authentic language sample.

Rose Griffin
We always do an observation.

Anne Zachry
Yeah.

Rose Griffin
Make sure that we’re observing in the natural environment. Yeah.

Anne Zachry
You want the language sample and … But her … the thing that I liked that she did was the “Double Interview.”

Rose Griffin
Um-hmm! In one of our podcast episodes, with Lisa Chattler. She’s actually a speech therapist. She lives in Orange County …

Anne Zachry
Oh, right on!

Rose Griffin
… and she talked about the double interview and asking questions. And, yes.

Anne Zachry
I think that’s really important, too. I mean, I think that there’s value in norm referenced standardized tests, but to us … especially when you’re talking about school psychology, because that’s more my domain, you could be a psychometrician and paint by numbers, and not understand what any of those tests do. You can go through the motions of administering and scoring that test, and that doesn’t mean that you appreciate what the data means. I actually had a case a few years ago, where we had an audiologist supposedly doing an assessment for an auditory processing disorder.

Rose Griffin
Hmm!

Anne Zachry
She was with … the district had the choice of who was going to do it. They didn’t have an audiologist on staff. And so they outsourced it to a non-public agency. And the young woman who was the licensed audiologist who administered the test, none of it made any sense. And she had transposed percentile rankings and standard scores on her scoring charts and whatnot. And I was like, I don’t think she understands what these numbers mean.

Rose Griffin
Hmm.

Anne Zachry
And her report made no sense. And so we asked for a second opinion at public expense, an IEE … for the district to fund an outside second opinion. And they said, “No.” And so we had to go to due process to argue over whether or not they had done a good job, and we needed a second opinion. And she gets on the witness stand, and we asked her, “Well, what’s the difference between a standard score and a percentile ranking?” And she was like, I don’t know. I’m not a statis-, statis-” (she couldn’t say “statistician”). She goes, “I’m not a statistics person.”

Rose Griffin
Hmm.

Anne Zachry
And I could just feel the attorney for the school district die inside right next to me …

Rose Griffin
Hmm.

Anne Zachry
…. because this was his case. You know, he was the one arguing that she knew what she was doing. He was a lawyer. He had no way of knowing that she didn’t know what those things were because he didn’t know what those things were.

Rose Griffin
Um-hmm.

Anne Zachry
So, he was just … she would say, “Well, of course I know what I’m doing!” So, he had her back. And, then we get in front of the judge and she just tanks! She couldn’t explain any of her data. And, then we had our own audiologist who came and testified who was an expert witness on how it should have been done, and, it was just night and day. And so, there are people out there who are going through the motions, who can administer and score a standardized assessment, but they don’t necessarily understand how to interpret the data. And they may not have even chosen the right test. In this particular case, she just used a boilerplate list of assessments that the owner of the company she worked for, who was also an audiologist, said, “This is what you do when you test for this.” And, so everybody was getting identical measures. None of it was individualized. And … I mean, for a large part, for that kind of testing, there’s only so many things you can do, but still. And so, she was just going through this list of tests that her boss had said, “This is what you do,” and listing the scores, but not explaining what any of it meant, and, in fact, she had her scores were all transposed and she had them jumbled up, and it didn’t mean anything. It made no sense whatsoever. And, so how can you trust that she even administered and scored them correctly? That does happen. For people who are thinking, “Oh, well standardized measures for pragmatic language …” If you know what you’re doing, you can go do an authentic language sample and the CASL, and that’s going to get you there. But, for people who are paint-by-numbers folks who really don’t understand, thinking they can do pragmatic language in a paint-by-numbers manner, you have to be able to engage in the act of pragmatic language of reading the person yourself in order to take the data necessary to read whether that person has intact pragmatic language skills. And, if you don’t know how to do that type of analysis, then you’re going to have … what I see is people falling more and more back on the standardized norm-referenced stuff and getting away from the observations … getting away from things like the double-interview, where they have to actually use judgment and there’s a professional level of skill that … and understanding and higher-level thinking and critical thinking skills that are required, that a paint-by-numbers, “Let’s just do a norm-referenced test and it will tell us what’s going on” … Up to a point, yes. But, that shouldn’t be the be-all and end-all. I think there’s a lot of value in some of these other, maybe standardized but not norm-referenced, maybe more criterion-referenced kinds of measures. One of the tools that I’ve seen used out here is called the Southern California Ordinal Scales of Development

Rose Griffin
Hmm.

Anne Zachry
… and, it’s broken into a cognition, a communication, an adaptive behavior, a motor skills, and one other that I’m not remembering, but all these different aspects of development that you have these subtests in.

Rose Griffin
Um-hmm.

Anne Zachry
And, it’s based on a Piagetian model …

Rose Griffin
Hmm.

Anne Zachry
… where you’re trying to figure out what stage of Piagetian development the individual is in each of the different domains. Because, when you’re talking about someone with a developmental disability, in particular, there’s going to be scatter. That, they may be higher in cognition but lower in communication, if they have apraxia. They may be higher in cognition and communication, but lower in adaptive skills. It’s just, everybody’s different, right? And so, what it looks at, is it’s criterion-referenced, not norm-referenced, and you’re coming at, “Can this person do this thing in any kind of way, yes or no?” And, so, like, when you’re testing for whether they’ve mastered the concept of conservation, the idea that mass doesn’t change even if the way that the mass is arranged is different. So, like, if you have … or volume. So, if you pour water … a cup of water … you’re talking about, like, if you have a tall skinny beaker or a short fat beaker, and you pour a cup of water into each, and you ask the kid, “Which has more?” Well, neither, because it’s both a cup of water.

Rose Griffin
Hmm.

Anne Zachry
But, a kid who has not mastered conservation is gonna say the tall skinny one has more water because it goes up higher, and the short fat beaker has less because it’s shorter, relatively. And so, they’re only looking at it from one dimension. And someone who has mastered conservation knows it’s still the same amount of water. Or, you take a ball of clay and roll it out into a snake and you say, “Is it still the same amount of clay, or is it more or less?” And, a kid who hasn’t mastered conservation will say it’s more because it’s longer, but the kid who has will say, “It’s the same amount; I just changed the shape.” And so …

Rose Griffin
Hmm.

Anne Zachry
… when you’re doing things like that, sometimes what can happen is … when you’re talking about doing those kinds of things … sometimes, the example in the test … in the Ordinal Scales … will say, “Here are some ways you can test for this,” but it doesn’t obligate you to do it exactly that way, the way a norm-referenced test would … where you’ve got to administer and score it exactly the same way for everybody … well, the scoring is the same, but the administration is not the same on a criterion-referenced … because you’re trying to whether a kid has a skill or not, not how they display it. So, if you have to do something different, like if the ball of clay doesn’t work but the beakers of water gets you there, and they can still demonstrate they have at least, you know, emerging conservation skills. But, you only do one thing with the ball of clay and that’s where you leave it, and you don’t experiment with it, it’s like when you’re testing your hypotheses when you’re doing ABA. You’ve got to fool around with it to see if you’re actually … your hypothesis is right. So, for that kind of measure, what are the various different types of measures do you think are really the most reliable for giving you the broad, full picture of how someone … someone’s communication and behavior plays into each other?

Rose Griffin
Yeah, I think what’s most important is to … whatever you’re doing, it’s going to be dependent on your work setting. So if you’re in a public school, there might be a certain expectation of what type of evaluation tests you’re going to use versus being in a practice that is either private pay or is insurance led. Every work setting is going to have an expectation of what is going to be an assessment. But I think what’s most important with an assessment is to make sure that you talk to the student, you talk to the family, and that you observe the student in different settings. So observing the student in a classroom lesson; observing the student in a less structured environment, like gym or recess or lunch, to try to get a snapshot of the student’s skills. But I really think assessment is an ongoing process and that every time that you see a student, and you work with a student, you’re going to be assessing, “How is the student doing?”, “Are they generalizing their skills?”, and “How can I help support my students?

Anne Zachry
And that makes a lot of sense. I agree with you. I think … that’s music to my ears, because I think that that’s something that’s really important is the observation of students across various different settings, because you’re going to see different presentations …

Rose Griffin
Um-hmm.

Anne Zachry
… based on different environmental stimuli, and different social demands. So I think that that’s hugely important. I think that’s where a lot of the pragmatic stuff really comes out. I think that you coming at it from the perspective of both a BCBA and a speech and language pathologist … that your ability to see the function of the behavior and a moment where pragmatics are not working for someone has to be so much more informed and enlightened than, you know, different brains having to come together to piece together the same story. So I really, truly appreciate, you know, what you’re bringing to the table and your insights into this. This whole realm of how to, you know, help people who are struggling with these kinds of issues and all the different ways that can be done. And I’m excited to share your information with our audience as well so they can go to your site and your podcast and …

Rose Griffin
Ha, ha, ha! Well, it was really nice to connect. And yes, definitely feel free to reach out to me during the podcast, my free resources, and also the courses that I discussed today.

Anne Zachry
Absolutely! And I’ll be sure to include links to everything because a lot of my families are in, like, parents support groups and stuff they’ll benefit from it.

Rose Griffin
Yeah! That’s awesome! Yeah. so it was great to connect today. Thanks for having me on.

Anne Zachry
Thank you for listening to the podcast version of interview of Rose Griffin, SLP and BCBA. KPS4Parents reminds its listeners that Knowledge Powers Solutions for Parents, and all eligible children, regardless of disability are entitled to a free and appropriate public education. If you are a parent, education professional or concerned taxpayer, and have questions or comments about special education-related matters, please email us at info@kps4parents.org or post a comment to our blog. That’s “info” at “K” as in “knowledge,” “P” as in “Powers,” “S” as in “Solutions,” the number “4,” “Parents,” (“p,” “a,” “r,” “e,” “n,” “t,” “s,”) dot, “o,” “r,” “g.” We hope you found our information useful and look forward to bringing more useful information to you. Subscribe to our feed to make sure that you receive the latest information from making special education actually work, an online publication of KPS4Parents. Find us online at KPS4Parents.org. KPS4Parents is a nonprofit lay advocacy organization. The information provided by KPS4Parents in Making Special Education Actually Work is based on the professional experiences and opinions of KPS4Parents’ lay advocates, and should not be construed as formal legal advice. If you require formal legal advice, please seek the counsel of a qualified attorney. All the content here is copyrighted by KPS4Parents, which reserves all rights.

Is LAUSD Run by a Fascist Mafia?

LAUSD Main Offices – Downtown Los Angeles

The school year hasn’t even started yet and Los Angeles Unified School District (LAUSD), the second-largest school district in the country, has already hit the ground running with illegalities left and right, not the least of which is the systemic policy issue that I’m focusing on in today’s post. It’s hardly the only violation, but its a systemic one that stands to continue hurting a lot of children with disabilities, particularly our kiddos on the autism spectrum.

What I’m about to tell you would sound far-fetched if it was not for the fact that the United States is currently engaged in a soft civil war in which right-wing extremists are attempting to change us from a democratic republic to a ethno-religious dictatorship. The evidence indicates these decades-long plans were started at the local level in city councils, school districts, and various county agencies, then percolated upward into our federal agencies before culminating in the January 6, 2021 insurrection against our democratic republic.

The reality is that I’ve been dealing with these kinds of behaviors from local education agencies for the last 31 years, and there is no end in sight for many families in local education agencies as large as LAUSD. It’s the Titanic, it’s been on a direct course for an iceberg for decades, and it will collapse and sink under its own weight before too much longer at the rate it’s currently going.

This is particularly the case as the pro-democracy backlash to recent fascist efforts to overthrow our system of government is gaining momentum as more and more high-ranking fascist individuals at the federal level face the consequences of their actions with the J6 Hearings and related Department of Justice (DOJ) investigations. When the example is finally set at the national level and all of those responsible for J6 are either behind bars or being pursued by the feds and Interpol after fleeing the country, the trickle-down of legal consequences to State and local government agencies that have been engaging in fascist practices all this time will be severe.

But, we’re not there, yet. The only way to really get there is to make public what the heck is really going on so that taxpaying registered voters in Los Angeles can make informed decisions about the people they entrust with the responsibility of educating their children, particularly their children with disabilities. So, let me get into the actual issue to which I want to call immediate attention, that being LAUSD’s unlawful and unethical method of conducting Functional Behavioral Assessments (FBAs), which it has implemented as a policy, district-wide, according to District personnel.

Title 34, Code of the Federal Regulations (34 CFR) Section 300.304 describes the parameters for how special education assessments are supposed to be conducted. 34 CFR Sec. 300.320(a)(4) mandates the application of the peer-reviewed research to the design and delivery of special education, which includes the assessment process. Taken together, these laws require that competent assessors acting within the scope of their qualifications conduct assessments according to the professional standards that apply to each of the various types of assessments being conducted, in conformity with the peer-reviewed research.

There is no standardized measure, like an IQ test, when conducting an FBA, though there are assessment tools and instruments that can help inform the process. Instead, the applicable science describes the types of critical thinking and lines of inquiry a properly trained behaviorist must apply when determining the function of a maladaptive behavior and the most appropriate ways of responding to it. The science used is referred to as Applied Behavioral Analysis (ABA).

ABA is not a special education service, per se. ABA is the science behind effective behavioral interventions. ABA services requires scientists to think independently in applying the known science to the unique facts of each individual person assessed. It’s not a paint-by-numbers, one-size-fits-all measure. It’s not psychometrics in the sense that norm-referenced standardized tests will be administered to the student. It requires more thought and higher-level critical thinking skills than that, and the people who are certified to do it must prove their abilities to function that way.

There are no formal criteria for FBAs, specifically, but they are based off the Functional Analysis (FA) procedures developed by Dr. Brian Iwata and his colleagues in their published research. While being certified as a Board Certified Behavior Analyst (BCBA) is supposed to confirm that a behavioral scientist is adequately qualified to analyze behavior, BCBA certification is not required in California for conducting FBAs in the special education context. Anyone who has gone to graduate school for a school psychologist credential should have theoretically been trained on ABA just as a part of their grad school education.

My master’s degree is in educational psychology and I had to study ABA more than once during my higher education. It is not typically part of a special education teaching credential program, other than to mention that other professionals are available in the special education context to conduct FBAs and provide ABA-based behavioral interventions.

That is, except, in LAUSD, which is using special education teachers to conduct its FBAs. It will hire Non-Public Agencies (NPAs) that specialize in providing ABA services through and under the supervision of BCBAs, but it will not allow the BCBAs to actually conduct their own FBAs to inform their own Behavior Intervention Design (BID) services, which then compromises the quality of the Behavior Intervention Implementation (BII) services. This is a district policy, according to various LAUSD employees with whom I’ve been speaking about this since April, and they don’t seem to understand why I have such an issue with it.

First, the 8th grade LAUSD student I’m currently representing in which this issue has come up has been “assessed” under this model since the 1st grade and he still has the same behavioral challenges today that he had in 1st grade. He’s made no improvements and now he’s over 6 feet tall. His toddler-like tantrums result in significant property destruction, which has only gotten worse as he’s gotten smarter and bigger over time, and he puts himself and others at risk of injury when he throws them. Not only does LAUSD’s method of conducting FBAs fail to comply with the applicable science and law, it does not work!

LAUSD’s solution is to offer yet another illegal FBA conducted by an inexpert special education teacher who must then hand off their “data” to a BCBA who is then supposed to somehow magically engage in scientifically valid BID and supervise a Registered Behavior Technician (RBT) who is supposed to provide the BII in conformity with the plan designed by the BCBA. When I point out the epic failure of logic behind this practice to LAUSD personnel, I’m met with the Orwellian Doublespeak of corrupt District administrators and the blank stares of ineptitude and rote recitations of District policy from school-site personnel.

One school site administrator actually tried to get me to lie to the parent and trick him into doing something he otherwise was not inclined to do. I analyzed her behavior according to ABA standards based on what information I could gather and ultimately concluded that she’s as stupid as she is corrupt; her behaviors were automatically reinforcing and externally reinforced by her employer, which appears to employ the dumbest people it can find in positions of authority well beyond their critical thinking abilities and professional skills so that they can be the clueless, easily manipulated henchmen of the mafiosos at the main office on Beaudry.

Basically, what we are dealing with here is science denialism and unconstitutional conduct on the part of public officials to the tune of hundreds of millions of taxpayer dollars. LAUSD is the government, regulated by the rule of law and answerable to its local constituency, but the people generally have no voice against this behemoth of a self-serving institution, which is why I’m talking about it, here.

LAUSD is long overdue for a reckoning regarding its systemic illegal conduct across all aspects of special education, and it’s probably safe to say that if the District is willing to compromise its most vulnerable constituents, that being children with disabilities, it’s likely equally comfortable violating everybody else’s rights, as well. I can’t speak to the other social justice issues in which the District might be in the wrong, but it has historically failed on the special education front ever since special education and related civil rights laws were first passed in the 1970s.

Disability-related civil rights law is truly the canary in the coal mine for American democracy. The measure of how civilized a society is can be determined by how well it takes care of its most vulnerable members, and children with disabilities are among the most vulnerable humans on Earth. If LAUSD is willing to treat children with disabilities this way, it’s top administrators should probably swap out their dress suits for animal pelts so that their lack of civility is adequately conveyed. Otherwise, they’re just wolves in sheep’s clothing, preying our our most vulnerable children.

The Chanda Smith Consent Decree came after decades of unlawful special education conduct and was in place for decades thereafter in an effort to end the District’s unlawful conduct, which it failed to do. The courts attempted to pull LAUSD out of the gutter with the consent decree, but LAUSD just pulled the courts into the gutter with it. An Independent Monitor was hired to oversee the consent decree until such time that LAUSD came into compliance with special education law, but that day never came.

Apparently, presuming that compliance would never happen, the Independent Monitor began engaging in equally corrupt behavior, assuming lifelong job security for so long as LAUSD continued to violate special education law and grifting the system by overpaying consultants who failed to make any kind of perceptible difference with respect to LAUSD’s compliance. The Office of the Independent Monitor was shut down and the consent degree was closed out following an audit that revealed excessive unnecessary spending by the Independent Monitor that could not be related to the District’s conformity with the consent decree.

Further, while it may be true that the District legitimately improved some of its special education programming, by no means had to come close to a reasonable degree of compliance, as evidenced by the number of families who have still had to file lawsuits to get services, and even that doesn’t guarantee they’ll get all of the right services for their children. Many get only some of the services their children need, making their IEPs as effective as watered-down penicillin in the face of a raging bacterial infection. For all the services they may actually get that they need, the absence of the other services they also need undermines any successes they may have in the areas in which they’ve actually received help.

Which circles back around to the question that serves as the title to today’s post/podcast, which is, “Is LAUSD Run by a Fascist Mafia?” From the outside looking in, this seems to be a legitimate question.

Let’s start with the fact that LAUSD hired computer coders to work with its in-house counsel decades ago to bastardize a piece of insurance software known as Welligent into its IEP software. As a result, LAUSD has basically bureaucratically obligated its school site personnel to break the law because of the software limitations of Welligent, or at least how it has been coded by the District, that fail to even offer compliant options to its users in many areas of special education.

For example, let’s look at the assessment plan, redacted for privacy, that was offered to my current LAUSD student, which was generated from Welligent, and compare it to another redacted assessment plan for another student on my caseload in a different school district who also needed an FBA.

Example 1, below, is the assessment plan offered to my LAUSD student, and shows the FBA as an “alternative assessment” to be conducted by a special education teacher. “Alternative assessments” usually refer to non-traditional assessment measures or methods from those typically used in the place of standardized testing.

For example, using curriculum-based assessments in the classroom to gather informal data on actual classroom performance can be a more reliable method of assessing academic achievement than a standardized measure like the WJ-IV or the WIAT-4. None of this assessment plan makes sense with respect to the FBA.

Example 1 – page 1

Looking at the table of “standardized” testing from page 2 of this assessment plan, which is referenced by page 1, FBAs are not listed. Item 7 targets “Adaptive Behavior,” but that goes more to independent living skills and self-care, like dressing, toileting, and navigating the school setting. FBAs do not fit that category and the LAUSD assessment plan has no category that FBAs would logically fit. This was a deliberate coding decision made in Welligent by the District that has absolutely nothing to do with adequately assessing children with special needs and offering them appropriate behavioral supports at school.

Example 1 – page 2

Example 2, below, shows a different student’s assessment plan from a different school district. This assessment plan offers the student involved an FBA to be performed by the school psychologist in collaboration with a district behaviorist. This actually makes sense.

In this student’s case, it turns out the special education teacher was the problem and she got reassigned to a different classroom. This student had gone without behavioral challenges until she was placed in this teacher’s class, and the FBA made clear that the teacher was the one provoking the behaviors. Objectivity is one of the most critical aspects of science that must apply to special education assessments. Can you imagine if she had been trusted to conduct the FBA?

I can assure you the quality of the outcomes using appropriately qualified people who actually care makes all the difference in the world. Whereas our LAUSD student has historically been assessed according to plans virtually similar to Example 1, above, and has now gone for over six years with next to no improvements in his behaviors, our student from whose case Example 2 was taken is now thriving in school with no serious behavioral challenges of any kind.

To be clear, it’s not like the student in Example 2 has never had issues with this school district. There were problems years ago when she was little that I had to deal with, but it had been smooth sailing until she ended up in that whacko teacher’s classroom, last school year.

Because the student’s behaviors were interfering with her learning, even though we suspected the teacher was likely the problem, we didn’t go in accusing the teacher of anything. We simply asked for an FBA to get to the bottom of the behaviors and the next thing we knew the teacher was gone. The FBA report we got back was very well-written and explained the facts without demeaning the teacher or doing anything else unprofessional.

We hit a huge bump in the road that had the potential to go really badly, but the District in that student’s case handled it professionally, compassionately, and responsibly. I’ve yet to see any of those qualities from anyone I’ve dealt with from LAUSD regarding my LAUSD student. The difference in handling is night and day, and I’ve caught both districts messing up before. The difference is that my other student was met with professionalism, while my LAUSD student is being met with science denialism and an utter abandonment of the rule of law.

It is this refusal to abide by science and law on the part of the second largest school district in the nation that raises the specter of fascism. It’s all very “Marjorie Taylor Green-ish.”

Consider that California has adopted the Common Core as its State Standards. The purpose of these standards is for our public schools in California to teach students how to use academic knowledge and skills to solve real-world problems, yet LAUSD doesn’t use academic knowledge and skills to solve problems. It denies science and breaks the law.

How can people who deny science teach our kids to use science to solve problems? How can people who have abandoned the rule of law credibly teach social studies, particularly civics, and educate our kids to become knowledgeable participants in American democracy? How is this anything other than fascism and when are the feds going to do something about it?

I tried filing a complaint with the U.S. Department of Education, Office for Civil Rights (OCR), but it twisted my words into a narrower complaint than what I alleged and then declined to investigate its twisted version of my allegations, which is a first for OCR with me, I have to admit, and it makes me fear for our democracy even more, now.

If OCR is too intimidated by LAUSD to investigate such that it makes up lame excuses as to why it shouldn’t have to, how does that not also suggest the presence of organized crime within LAUSD so large and expansive that even the feds won’t touch it? DOJ is a little busy with the J6 investigations, but I suspect all of this stuff in inter-related as multiple spokes of a wheel-and-spoke conspiracy to overturn democracy in America.

Remember that Betsy DeVos tried to shut down OCR after she was appointed Secretary of Education by the 45th President until she had the snot sued out of her and subsequently reinstated it. She also admitted that her goal was to abolish USDOE as the Secretary of Education; she took the job with the specific intent of shutting down the entire agency from within.

How many people from the last administration continue to poison the well at USDOE? It’s the same question Americans have to ask about every single federal agency, but as pointed out in the above linked-to article from The Root describing DeVos’ desire to abolish USDOE altogether also describes the conference at which she recently shared her continued desire to shut down USDOE as teaching far-right parents how to build conservative-dominated school boards in their local communities, ban books, and a host of other undemocratic activities intended to deny the civil rights of children with disabilities, LGBTQ+ students, students of color, and students from other protected classes.

It’s an anti-science, anti-democracy approach that includes anti-vax, anti-masking nut-jobs who are too dumb to know how dumb they are and/or are profoundly mentally ill, being manipulated by grifters like DeVos to vote against their own interests in favor of the interests of the grifters. It’s the “have-nots” falling for the tricks of the “haves” who know the only way they can have way more than what they actually need is to make sure others don’t have enough.

Today’s post isn’t about documenting how I’ve figured out a way to overcome whatever fascist mafia might control LAUSD. It’s about exposing what I’ve witnessed and adding my voice and the voices of the LAUSD students who aren’t getting what they need to the conversation in the hopes that it will spark others to also help hold LAUSD to account for its egregious violations of special education law.

I’m hoping that voters in LA will learn more about these issues, understand that special education social justice issues cuts across all other demographic groups, and no segment of society is safe for so long as our government is allowed to conduct itself in this way. If you are involved in any type of social justice issue in which LAUSD has engaged in discrimination and withheld services it is legally required to provide, consider getting involved with our Meetup Group, Social Justice Series – Everyday Local Democracy for All.

Our Meetup Group is not limited to people living within the LAUSD attendance area, but we certainly have Angeleños already in the Group. You can comment/DM us directly on Meetup or on our social media, or use our Contact Us form on our site with any questions/feedback. We don’t have all the answers, but awareness is the first step to solving a problem, so we’re starting there.

Recent Uptick in Behavioral Challenges

Now that the Fall 2021 half of the regular school year has come to an end and all the students on my caseload are on Winter Break, I’m taking advantage of the break from back-to-back Individualized Education Program (IEP) meetings to reflect on the most serious issues I’ve had to deal with so far during this first half of the current school year.

While I’ve had to deal with a lot of different challenges, it is the impact that the lack of appropriate services during shutdown, from March of 2020 to August or September of 2021, that has hit hardest. It’s been the absolute most hardest on my students with intensive behavioral services in their IEPs who have suffered the most regression and lost educational benefits. School districts all over Southern California, and likely elsewhere throughout the State and beyond, refused to provide in-person services to children on IEPs who required them in order to continue learning during shutdown.

This was in spite of explicit changes to State law that mandated in-person services for those special education students who needed it and compensatory education for any special education students who lost educational benefits during shutdown. Not only were in-person services denied, compensatory services are still being denied as school districts act like their students’ regression has nothing to do with the fact that the districts failed to provide in-person services to these children during shutdown.

What was done instead? Aides employed originally to provide direct, in-person support to these students in the classroom setting were put on Zoom, Google Meets, Microsoft Teams, or whatever else platform their employers were using for distance learning as remote participants. How in the Hell an aide on Zoom was supposed to provide the supports necessary to facilitate the student’s participation in online learning via Zoom was anyone’s guess. It consistently failed to work.

Further, even though the new laws clearly made it an option, only one of my students’ districts hired a non-public agency (NPA) to provide in-person behavioral support services in the student’s home during distance learning so the student’s behaviors could not be permitted to allow him to escape/avoid the instruction. Instead, they rewarded his participation and prompted him to return to task when his attention wandered, so he was able to make excellent academic progress during distance learning.

What he wasn’t able to work on was his social skills with peers and adults in normal everyday settings. When he returned to on-campus learning, his classroom behaviors became increasingly challenging and the behaviors of the other students in the class became escalated in response. It eventually got so bad that the other students in his non-public school (NPS) classroom assaulted his NPA behavior aide because they blamed her for keeping him in their class. He triggered them that badly.

We ultimately changed his placement right before Winter Break started and a due process case for the involved district’s utter failure to offer or deliver a Free and Appropriate Public Education (FAPE) for the last two years is now pending. Settlement is entirely possible, which I can’t discuss in detail, and the IEP team has come up with a strategy to hopefully salvage his education for the moment, but this is a student who is able to meet academic standards in spite of his grossly impaired social skills.

Our concern is that he will graduate with a diploma and get arrested the next day for acting out in public. His behavioral needs have been exacerbated by shutdown because he didn’t get any instruction or practice in behaving in socially appropriate ways when in-person with peers or adults at school. In part, this was because the NPS he had attended had a “philosophy” that failed to conform with the evidence-based scientifically valid practices of the NPA that was providing his behavioral interventions.

As such, NPS staff regularly failed to abide by the Behavioral Intervention Plan (BIP) in the student’s IEP, much to the frustration of the NPA experts who had designed it and much to the danger of the Behavioral Intervention Implementation (BII) staff who was assaulted by my student’s classmates because he made them so upset. Rather than work collaboratively with the experts hired to address his behaviors using methods proven to work by science, the NPS staff would engage in ad hoc interventions based on whatever ideas popped into their science-denying minds in the given moment, none of which worked.

Most of the students in the NPS had mental and emotional health needs, many of which arising from past trauma, but our student had autism and just didn’t know how to read the room. It was dubious as an appropriate placement from the outset, but the ecological factors of the on-campus setting weren’t a problem during distance learning.

It wasn’t until our student, who not only has autism, but also ADHD, started attending on-campus, which required him to be in transport between home and school for a total of five hours per day, and then attempt to behave in a socially appropriate manner among other students with serious mental and emotional health needs, that things really fell apart. He might as well have been put into a rocking chair in a room full of long-tailed cats.

The harm was inevitable. And, as always, he’s being blamed and vilified while no one from his school district offers something appropriate to his needs. We’re hoping the interim placement he has for now will benefit him more than where he’s been, but it’s still less than ideal. It may take a judge to figure it all out.

I’ve had two other students on my caseload face expulsion just within the last few weeks. One student’s case just recently settled after the involved school district attempted to assert that behaviors that were clearly associated with the student’s disabilities somehow magically were not, during a Manifestation Determination (MD) IEP meeting.

The only way for a parent to appeal an MD IEP meeting outcome is to file for due process. Because the student is facing expulsion, the hearing is automatically expedited. This gives parents very little time to prepare for hearing, much less find adequate representation.

I was able to refer this family to an attorney right away who was able to handle the MD appeal via due process. We were lucky to find a really good attorney who could take the case right away and handle it. Most of my attorney colleagues are overwhelmed with the volume of cases they are getting, right now. The violations are everywhere, evidently, and this failure to provide in-person services during shutdown when they truly were needed seems to be a recurring theme.

This case settled because we were able to move quickly through the process and find a good attorney who could handle going to an expedited hearing if necessary or otherwise negotiate an appropriate settlement. Not everybody is having that same experience, these days. This family was lucky. The violations in this student’s case were pretty egregious and the attorney was able to convince the involved school district that it wasn’t worth going to hearing.

My other student facing expulsion still awaits a decision from school site administration as to whether the principal should just let the IEP team effect a change in placement for special education reasons rather than subject this student to expulsion proceedings. Again, the involved school district tried to claim that the student’s disability had nothing to do with the behaviors, which was simply ridiculous.

The student already had behavioral interventions built into his IEP to address the very kinds of behaviors for which he was in trouble. He had a history of escalating to the most outlandish behaviors he could think of to come right up to the line and just barely cross it enough to get himself kicked out of school to avoid the instruction. He hated it that much.

He had transitioned to his current placement in a Special Day Class (SDC) for special education students with behavioral challenges from a special school where all the students had behavioral challenges at the start of the 2019-20 school year and had been largely successful for most of that school year, until the shutdown started in March 2020. During that time, his targeted behaviors of work refusals and avoiding the classroom setting altogether were entirely reinforced by being stuck at home on the computer while the aides from his SDC were also in their own homes using their district’s online meeting platform.

There was no one in his home trained in the interventions that were necessary to compel his compliance with teacher directions. There was no one who could make him even login. He had a baby sister at home and his mother was not about to have him triggered into angry outbursts in the home by trying to convince him to participate in the instruction with a baby in the house. Further, his mother was medically fragile and required multiple surgeries throughout the shutdown and afterwards. She was in no position to handle the angry outburst of a frustrated teenager with no impulse control due to ADHD struggling with the work because of a co-morbid learning disability.

We have a complaint pending before one of his school district’s regulatory agencies in response to its mishandling of his behavioral needs to date. He is now pending expulsion for a behavior we’re fairly convinced he engaged in so as to be kicked out of school. We don’t believe he ever had any intent to hurt anyone, but he did enough wrong for someone who doesn’t understand the function of his behaviors to think he might pose a credible threat. Law enforcement determined he posed no threat. It appears that district personnel may have exaggerated the severity of the behavior on purpose to justify expulsion.

All that said, the expulsion case may be dismissed if the district agrees to simply let the IEP team refer this student back to his previous placement at the special school. It was successful in preparing him for his transition to a comprehensive high school placement before shutdown; it should be able to return him to that state and help him transition back, again, with success. We also have a ton of new assessments pending to figure out what the most appropriate IEP for him should be, going forward.

This situation may deescalate before it has time to turn into a full kerfuffle. If we can all just agree to work together to address this student’s serious behavioral regression through the IEP process and avoid the expulsion process altogether, particularly given that this district is being looked at very closely by one of its regulators right now for failing to adequately support this student thus far, already, we can implement a solution that will eliminate the parent’s need to pursue accountability.

The goal isn’t to nail the school district’s hide to the wall; the goal is to get the student appropriately served as quickly as possible. Nailing hides to walls should only take place if it’s absolutely necessary to get a student appropriately served as quickly as possible. It’s a last resort option.

I have yet another student whose case is pending settlement, hopefully. It would be foolish on the part of his school district to allow it to go to hearing. I can’t discuss much about it while it’s pending settlement, but suffice it to say his school district totally blew it by failing to provide in-person behavioral services and supports during shutdown.

He has a host of learning challenges including partial vision loss, severe autism, intellectual disability, a seizure disorder, extremely limited communication skills, and self-injurious behaviors that frequently result in property damage in his home. His windows now have Plexiglas® panes and the dry wall in his home has been replaced so often, his family has lost count. He has made frequent trips to the emergency room and urgent care for medical treatment after hurting himself during an outburst. He has hurt his petite mother by accident.

He’s now a young adult who is still eligible for special education and he’s had these behavioral challenges his entire life. He’s been a student of the same school district his entire public education career. It’s not like they don’t know what he needs. Before shutdown, he received intensive 1:1 and 2:1 behavioral supports throughout the school day to keep him safe and engaged in the instruction. He got none of that at home during shutdown.

His mother was left to be his 1:1 aide support during distance learning over a computer while his actual aide support staff stared back at him from the screen from their own homes. He was immediately triggered into violent outbursts because he didn’t understand why he wasn’t at school with these people instead of looking at them on a computer screen. His participation in distance learning had to stop immediately for his own safety and that of his mother. It’s been a struggle ever since to get an offer of appropriate services in his IEP as a prospective matter of FAPE, much less with respect to all of the compensatory remedies he’s due.

This student’s case has been referred to a different attorney than the one mentioned above, but also an amazingly talented and smart one. Because settlement terms are still being discussed, I can’t speak much further to the matter, but I think the point is made that this is happening way too much. We’ve got too many kids who didn’t get what they needed during shutdown who are now owed compensatory remedies and they have until March 2022 to file for due process on their claims.

Special education attorneys who represent families are working at capacity with respect to their caseloads. That said, there have now been enough cases litigated and settled since the increase in claims began that openings are starting to come on many caseloads. Others are bogged down by appeals, which are largely occurring in the federal District Courts.

Some attorneys are having an easier time these days than others, just depending on whether they get good judges at the due process level, or have to work the appeals system before they get to someone willing to take the time to really listen to the arguments and examine the evidence relative to the rule of law and applicable science. That’s always the chance that attorneys take with these cases, and it’s not fun to work the appeals, I promise you.

I’ve provided paralegal support on cases all the way up to the 9th Circuit Court of Appeals, and there is nothing more tedious than a Table of Uncontroverted Facts, because there are always facts that become controverted between the parties. The back-and-forth between the parties about what facts were agreed to, which ones were disputed, and all the references to the evidence and testimony on the existing record from the original due process case and previous appeal to the District Court that supposedly supported each party’s asserted facts, became one of the most exhausting exercises I’ve ever engaged in as professional. I have ADHD – Inattentive Type, myself, so trust me when I say it was grueling.

Litigation should always be the very last resort to solving a special education problem, but these days it’s been necessary. For those of you finding yourselves in similar circumstances, I’d like to share a decision from the California Office of Administrative Hearings (OAH).

I downloaded the PDF of this decision just in case it ever gets taken down in the future, and have uploaded it to our site. Click here to download the PDF of this due process decision from California in which the Administrative Law Judge (ALJ) found in favor of a student who was deprived of educationally necessary in-person behavior services during shutdown, if the link to the OAH site doesn’t work. In this case, the ALJ ordered compensatory services as remedies to the student.

If this decision can help you argue for resolution to your own child’s lost educational benefits during shutdown, whether via due process or just a sensible discussion with your school district’s representatives, it will have served its purpose as a persuasive authority on the subject. If you find it necessary to hire an attorney to file for due process over shutdown-related deprivation of educational benefits, be sure to share this authority with your attorney. They may have very well already seen it, but if you can relate the facts of your own child’s case to the facts of this due process case linked to here, you will help bring your attorney up to speed regarding your child’s claims, so you can timely file your case before March 2022.

You may also choose to use this decision to support your arguments as you advocate for your own child in the IEP process as a parent. If you share this decision with your school district’s IEP team members and relate the facts of your child’s situation to the similar facts in this due process case, presuming your child’s case follows a similar pattern of a denial of behavioral services from his/her IEP during shutdown, your school district may be compelled to work with you rather than have you lawyer up and then have to deal with the costs of a legal action.

Parents’ attorneys’ fees and costs can be recovered from the offending school districts as a condition of settlement or upon prevailing in due process or appeal. School districts are smart to work things out through Informal Dispute Resolution (IDR) Agreements or Confidential Settlement Agreements, if they can. The costs of due process and any subsequent litigation are far too great for taxpayers to fund when those dollars could be spent on educating children, instead. Spending education dollars on fights over the deprivation of educational benefits just adds insult to injury, honestly.

The evidence is increasingly making clear that far-right politics have way too much influence on public education at various levels of government, from local to state to federal education agencies. This is how public service was infiltrated at its weakest point. Extremists would get elected by an uniformed or misinformed electorate, then hire their cronies to work for them within their agencies, undermining the efficacy of local government while mishandling the finances in order to “prove” that government doesn’t work while arguing for increased local control and reduced regulatory oversight.

Then they pay themselves more than they’d ever earn in the private sector where job performance matters as they slash resources to those expected to actually deliver on the agency’s mandates who work beneath them. This is the climate in which special education violations occur. This is why public agencies defy the regulations to the detriment to some of our most vulnerable children, many of whom coming from low-income households whose parents are often at a loss as to how to fight back. Most parents won’t do anything because they don’t know what to do and don’t realize how badly their children are being hurt in the long run.

If you are a parent whose child did not get appropriate services during shutdown, and who has regressed and may require compensatory services to be brought back to where he/she should be in school, right now, you’re not alone. Whether you negotiate resolution on your own with you local education agency or hire someone to help you, know that many other parents have already started to fight this same fight before you, and some really helpful decisions are coming out of the various venues that can help bolster the arguments you and/or your representatives make on behalf of your child.

I hope this helps you put your own child’s situation into perspective and gives you some ideas on how to go forward in the most constructive and least adversarial way possible. I can only imagine the other families’ stories that out there similar to the ones I’ve described and the case captured by the decision linked to above. All of you are in my heart and I’m praying for you all.

#specialeducation #disabilityrights #disabilities #childrenwithspecialneeds #positivebehavioralinterventions #positivebehavioralsupports #appliedbehavioralanalysis #evidencebased #evidencebasedpractice #regulatorycompliance #compensatoryeducation

Pandemic Era Special Ed.



This video is not a regular part of any of our YouTube or Patreon programming. It’s something that we just needed to put out there because there are a lot of parents looking for answers, right now, and we have at least some answers that can benefit many families of children with disabilities and an ethical obligation to share that knowledge.

This isn’t a short video, but that’s what the pause button is for. You can always save it and come back to it later to finish, if you need to. You can watch it once and save it in case you need to refresh your memory later on about something. It’s a tool to help parents still dealing with shutdown and distance learning involving their children with special needs.

We’re going to leave this up on our YouTube and Patreon channels, our Facebook page, and our blog for so long as it remains relevant because we expect a whole lot of families will be going online searching for answers throughout this current new school year as the pandemic continues to rage throughout the country. No one really knows how long it will be before the pandemic is brought under control, and we all have to be prepared for shutdowns to come and go periodically as flare-ups happen until it is finally reigned in. Right now, many areas are currently on shutdown, including many parts of California.

Mentioned in this video, are two reference items:

  • New California legislation and California Department of Education (CDE) guidance as to school districts’ duties under the law, as supplemented by the new legislation, including the provision of in-home, in-person special education services if they are necessary for students to receive a Free and Appropriate Public Education (FAPE) during shutdown: https://bit.ly/3jInffh
  • A recent stay-put order issued by California’s Office of Administrative Hearings (OAH) requiring in-person, in-home services to implement a student’s IEP during shutdown: https://bit.ly/3hZfnFA

Additionally, in the video, the procedures adopted by one school district to provide in-person, on-campus special education assessments during shutdown using appropriate safety protocols were referenced. They can be viewed here: https://bit.ly/3jOkycf

Also, the book, From Emotions to Advocacy, by Wrightslaw, was referenced during the video as an excellent resource for parents trying to keep their cool and work strategically as they advocate for their children with special needs. You can find it here: https://amzn.to/31WH0JV *

If you have questions about special education, including school closure-related concerns, please post a comment or email us at info@kps4parents.org. Find us online at https://kps4parents.org.

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YouTube Special Education Quick-Fix Videos: https://bit.ly/2Z0951d

Patreon Channels: https://www.patreon.com/KPS4Parents

Anne’s t-shirt reads, “Science. Because figuring things out is better than making stuff up.” While we couldn’t find the exact same design, we found this great design with the same statement at: https://amzn.to/3i1d7xC *

* Note: Fundraising affiliate links are included in this post. KPS4Parents is a non-profit organization and funds raised are applied towards our costs of providing low cost and pro bono lay advocacy services to children with special needs and their parents who are unable to pay our regular hourly rate, which is billed at cost.

Donations can be made to https://paypal.me/learnandgrow.

Copyright 2020, KPS4Parents. All rights reserved.

Understanding Who’s Responsible for FAPE with NPS Placements

I had an experience today at an IEP meeting for a student we represent that made me realize that there is some confusion out there amongst parents and educators about who (or what entity) is responsible for which aspects of a student’s IEP when the student has been placed in a non-public school (“NPS”) placement. This posting addresses this area of confusion and will hopefully make sense of the situation.

In our client’s situation, her IEP calls for certain things that are currently being provided by her NPS placement, which is not as restrictive of a setting as other NPS placements in the Greater Los Angeles Area, but is more restrictive than a public school setting. For her, it’s the Least Restrictive Environment (“LRE”) relative to her needs.

To say that this certain NPS conglomerate is politically attached at the hip to Los Angeles Unified School District (“LAUSD”) is a gross understatement. It was this incestuousness that made understanding who was responsible for what so confusing to the parents, the NPS teaching staff, and the District rep present at the IEP meeting – though the District rep finally understood what I was trying to make clear. The problem was that even though she finally got what I was saying, she had no authority to do anything about it.

The District-level deal making – which the NPS’ administrator didn’t seem to have a problem discussing with great candor – had occurred with far higher-ranking District personnel than the poor school psychologist sent to our IEP meeting on behalf of LAUSD. Without going into the gritty details (which is only going to make me mad all over again), I want to focus on the technical considerations. Hopefully by doing so, I can prevent other IEP teams from struggling over these same issues.

The problem was that our student has experienced a medical condition that she will now have for the rest of her life. Now, due to this condition, she can no longer take the medications that were addressing some of the learning issues that arise from the handicapping conditions that make her eligible for special education. This has changed her special education needs and has resulted in a new need for which some tweaking of her IEP was required. She needed additional accommodations and modifications to address homework completion issues and potentially some type of service to assist her with getting her homework done.

The NPS currently offers an after-school homework club, but even though it is an NPS serving students on IEPs at public expense, it was charging the parents a fee for her participation in the after-school homework club. This flies in the face of the definition of a Free Appropriate Public Education (“FAPE”).

34 CFR Section 300.17 defines a FAPE as being special education and related services that are provided at public expense and without charge to the parents, among other things, hence the use of the word “Free” in “Free Appropriate Public Education”. The imposition of a charge in order for our client to receive educational benefit amounted to a denial of a FAPE.

However, the NPS administrator was quite verbose during the IEP meeting (which we audio recorded as per parents’ rights) about how her NPS and the District had worked it out so that the after-school homework club would never be placed on students IEPs and was only offered as an “extra-curricular activity” such as music or sports teams rather than as a related service. I’m not going to belabor the point of just how non-compliant that is, but suffice it to say that a whole due process case could be built around that issue alone.

The NPS and the District had reached an agreement to refuse to put something on students’ IEPs even if it was educationally necessary. Presumably this was because the District didn’t want to have to pay for the service and was attempting to pass the expense on to the families of students attending the NPS. And, this NPS gets the bulk of its business from LAUSD. Rather than stand its ground and refuse to participate in unlawful activity, it hopped right into bed with a school district that has been under a Consent Decree from the Federal Courts since the 1980s for failing to implement compliant special education programs as a willing accomplice.

The parents were upset with the NPS, which heavily markets itself as being a heavy-hitter in the area of non-public schools for children with special needs. However, as disgusting as the NPS’ policy is, it’s not the NPS that bears the burden of providing its students with a FAPE. That burden is borne by the students’ individual school districts. In this case, the school district responsible for our client’s receipt of a FAPE was LAUSD.

The problem is that LAUSD and this NPS have gotten into bed with each other to develop a “take-it-or-leave-it” package deal. If a student requires anything beyond what the NPS offers, even if it’s just a supplemental related service, their collective answer is to suggest that the student be placed at a different NPS.

So the NPS administrator suggested that our client, who is finally having a good school year in every regard except certain aspects of homework completion, should be uprooted and taken away from her friends and familiar learning environment so she could get supplemental support with homework, which is outrageous to say the least. It certainly wasn’t an offer of a FAPE (failing on the “Appropriate” of “Free Appropriate Public Education”). The LAUSD rep started to go down this path with her until we said, “Wait a minute!” They were throwing out the baby with the bath water.

The real answer was for LAUSD to push in some kind of additional support in addition to the NPS placement and make it part of the student’s IEP. But, as I said, the rep that LAUSD sent in did not have the authority to do any such thing. We would actually have to file for due process to effect such a change to our client’s IEP; in any other school district, the same change would have been achieved within 15 minutes via a few emails and an administrative amendment that didn’t even require an IEP meeting.

We ended up informally agreeing that the parents wouldn’t be charged for the after-school homework club by the NPS as well as adding accommodations and modifications to the IEP and making some changes in the student’s related services to better support her needs. But, we couldn’t get the District to agree to put anything in the IEP that obligated it to pay for the support that had already proven to work, that being the after-school homework club. The NPS simply informally agreed (though it was captured on the audio recording) to eat the $15 per session fee.

This is less than desirable because, should the NPS shut down its after-school homework club, there is nothing to obligate the District or the NPS to continue supporting this area of need in our client’s IEP. We would have to come back to the table to come up with another idea, the NPS would again suggest that our client change schools in order to receive this one relatively simple service, and we’d probably end up having to file for due process just to get some kind of after-school homework support added to her IEP, which is ridiculous. That’s a tremendous waste of taxpayer resources to fight something that is so commonly provided pretty much everywhere else without even a hint of acrimony.

The point I want to make here is that parents should not be running to their children’s NPSs asking for things that are the burdens of their school districts to provide. NPS personnel should not be telling parents “Your child can’t have that service because we don’t provide it. You’ll just have to change schools.” What goes into an IEP is an IEP team decision and school districts should be sending representatives to all its IEP meetings who are empowered to actually facilitate a compliant IEP team meeting in which the team members – not some smarmy back-room dealings between the District’s upper administration and non-public entities sucking up and willing to aid an abet in the denial of a FAPE in exchange for a large block of business – determine the content of students’ IEPs as required by law.

Click here for the podcast version of this article.

Podcast: Partial Parental Consent on IEPs & Assessment Plans

On January 5, 2009, we originally published “Partial Parental Consent on IEPs and Assessment Plans”. Throughout this school year, KPS4Parents is recording many of our past text-only articles as podcasts so that busy parents, educators, and interested taxpayers can download them and listen to them at their convenience.

As always, feel free to comment on our content. We appreciate the input of our readers and listeners to bring you the information you seek. You can either comment below or email us at info@kps4parents.org.

Click here to listen to the podcast, “Partial Parental Consent on IEPs and Assessment Plans.”

Podcast: Understanding Child Find & When SSTs are not Appropriate

On November 27, 2008, we originally published. “Understanding Child Find & When SSTs are Not Appropriate.” As we begin to move into the new school year, KPS4Parents will be recording many of our past text-only articles as podcasts so that busy parents, educators, and interested taxpayers can download them and listen to them at their convenience.

As always, feel free to comment on our content. We appreciate the input of our readers and listeners to bring you the information you seek. You can either comment below or email us at info@kps4parents.org.

Click here to download the podcast “Understanding Child Find & When SSTs are not Appropriate.”

Get Your Facts Straight When Filing Complaints

As much as I personally hate filing complaints against public agencies, sometimes I find it necessary in order to achieve an appropriate outcome for a student with special needs.  It’s not the task of putting together a complaint that bothers me; after over 18 years of advocating for students with special needs, I’ve gotten pretty good at assembling the necessary evidence and figuring out what allegations to assert.  What I hate is what makes complaints necessary – somebody is doing something that deprives a child, to that child’s detriment, of an educational right and that just makes my blood boil.

In special education, there are several types of complaints that can be filed:  due process complaints, compliance complaints, and 504 complaints for the most part. Regardless of what type of complaint needs to be filed, you absolutely, positively must have your facts straight and your evidence together to support the facts of the case.

For the purpose of illustrating my point in this blog posting, I’m going to focus on the filing of compliance complaints with your state’s Department of Education.? Compliance complaints are filed when your local education agency (“LEA”) has violated the regulations and failed to follow the proper procedures, whether those are state or federal regulations.? Compliance complaints do not address issues involving substantive harm; those are the kinds of issues that get addressed by due process complaints.

To help distinguish between the two types of complaints, let’s say that a child’s parents disagreed with his school district’s recent special education assessment results and requested an independent educational evaluation (“IEE”) at public expense but the school district denied the request and took no further action.? Procedurally, this is a violation because the only way an LEA can legally refuse to fund an IEE is to prove through a due process hearing that the assessment with which the parents disagreed was competently performed and sufficient under the requirements of the regulations.

Therefore, in order to deny the parents’ request for the IEE at public expense, the school district would have had to file for due process to assert the appropriateness of its assessment.? All things being equal, it’s usually far less costly for the LEA to simply fund the IEE than to sue the parents to dispute it.

However, let’s say in this example that not only did the district refuse to fund the IEE and fail to file for due process, but that the child continued to fail to receive educational benefit because he had not been competently assessed in all areas of suspected disability by the district and the parents had been right to disagree with its assessment and ask for an IEE.? Now, the child has been substantively denied a FAPE because the IEP team had been without sufficient information about his needs to craft an IEP that was reasonably calculated to render educational benefit.? Further, his parents were denied meaningful participation in the IEP process by being deprived of necessary assessment data and the opportunity to get it via an IEE, which can also be found to result in a denial of a FAPE.

This is the kind of thing that results in a due process filing because the question at this point is:? How much educational benefit did the child fail to receive and what type of compensatory education is he due to make up for this substantive harm? It’s no longer just a matter of whether the district failed to follow the proper procedures; now it’s a matter of what harm resulted from its failure to follow the proper procedures.

Sometimes when parents and advocates are trying to prevent litigation, the best way they can do that is with a well formulated compliance complaint.? If you can get it sustained that the law was broken, you’ve eliminated 50% of the examination a hearing officer would otherwise have to make if the matter were to go to hearing.

A compliance investigator only has to determine whether or not the law was broken.? But a procedural violation that results in substantive harm that is taken straight to due process requires the hearing officer to first determine whether a procedural violation took place and then whether it resulted in substantive harm.

If you have compliance complaint findings that establish for the record that the law was, in fact, broken then the only thing the hearing officer has to determine is whether or not substantive harm resulted from the unlawful conduct.? That the law was broken is a foregone conclusion and presumed to be fact.

This is why, in most cases where I’ve had to file compliance complaints, things quickly de-escalate once the results come back.? The involved LEA knows that any findings against it will end up in evidence and they will have a lot of explaining to do if the case goes to hearing.? The best way to prevent litigation is to prepare for it.

But this sword cuts both ways.? If you file a compliance complaint and the LEA is found to have operated within the law, a copy of your compliance complaint and the findings of compliance will likely be introduced into evidence in due process by the LEA to demonstrate that it hasn’t broken the law and that you are a crackpot filing unfounded complaints, thereby suggesting that your due process complaint is also unfounded and you shouldn’t be taken seriously by the hearing officer.

Due process is not the place to argue that a complaint was wrongly determined by the state’s Department of Education.? There is a separate appeal process for that and a special education hearing officer lacks the authority to overturn a compliance complaint decision or re-try the issue.? The results of a compliance complaint are taken at face value in due process.? Therefore, it’s critically important that you do it right when you initially file so that you are less likely to encounter unnecessary problems later on and that means starting out with having your facts straight and evidence in order.

As with any type of complaint process, compliance complaints are supposed to involve an examination of the facts and a comparison of those facts against the procedural requirements established by the regulations.? Facts are not he-said/she-said opposing points of view.? Facts are things that are borne out by the evidence.

It is in an effort to preserve the facts for the record that we audio record every IEP meeting we attend on behalf of the parents, do everything we can with public agencies in writing (even if that means memorializing our telephone conversations in emails or letters), and request a copy of each student’s records on behalf of his/her parents when we begin a new case.? A comprehensive records review is a necessary part of each case we do.? By arranging all of the documents in chronological order, we can go step-by-step through the story as told by the record and then reconcile that against what the parents told us when they first came to us.

If we become aware of any violations, our first step is usually to document them in a records review report to the parents.? In the very least, we’ll list them out and have a meeting with the parents to talk about them.? From there, our next step as lay advocates is usually to write a letter on behalf of the parents to their LEA outlining the violations and specifying requested remedies, bearing in mind that the remedies we can ask for are limited by what is reasonably achievable were we to file complaints.

Most times, LEAs respond to a succinctly organized and worded demand letter in a constructive manner.? While we’d like to think that this is mostly due to an administrator’s well-intended desire to do the right thing, it has not escaped our attention that it is rather frequently the case that administrators just don’t want to get sued.? They can see how the problems we’ve outlined would not reflect well on the LEA in a compliance complaint or at hearing and the remedies we’re asking for are entirely reasonable.

On the rare occasion that some high-ranking person within the LEA loses his/her mind and decides to treat the situation as a power struggle rather than an attempt to resolve a dispute, our documents speak for themselves and things usually come together eventually.? That’s because we’ve gotten our facts straight and don’t assert things that cannot be borne out by the evidence.

So, in our example above, where the parents disagreed with their district’s assessment and requested an IEE at public expense, which the district subsequently denied and took no further action, we would first go to the district and point out the error of their ways, asking them to please fund the IEE.? If the district dug in its heels further rather than do the right thing, we would then file a compliance complaint alleging a failure to follow the proper procedures when a parent requests an IEE at public expense.

To demonstrate the facts of the case, we would attach as exhibits the following items:

  • The parents’ letter indicating their disagreement with the district’s assessment and requesting the IEE at public expense
  • The district’s letter denying the IEE
  • Our follow up letter pointing out that the district has to file for due process if it’s going to deny the IEE and asking that it reconsider and fund the IEE.

We would be sure enough time had passed after our demand letter for the district to file for due process, then let the record show that it didn’t before filing the complaint.? The more likely outcome, however, is that the district would cough up an assessment plan for the IEE.

You need to be aware of your state’s timelines for filing compliance complaints.? You can contact your state’s Department of Education compliance complaint unit for more information about the complaint timelines.? (In California, it’s one year from the date you knew or should have known about the violation – essentially, one year from the date the violation occurred.)

An example of what not to do might look like this: A parent verbally disagrees with the LEA’s assessment during an IEP meeting and requests an IEE at public expense.? Her disagreement and request are not recorded in the IEP meeting notes.? The LEA’s special education administrator tells her at the IEP meeting that someone will get back to her on her IEE request.? She submits nothing in writing to the LEA expressing her disagreement and weeks pass with no response from the LEA regarding her verbal request for the IEE that was made during the IEP meeting.

Finally, she decides to file a compliance complaint.? She writes a letter to her state Department of Education alleging failure to follow proper procedures in response to a parent request for an IEE at public expense.? She explains in her complaint that she made a request for an IEE after disagreeing with the District’s assessment at the IEP meeting.? An investigation gets opened and the parent gets a phone call from the investigator.? The call might go something like this:

Investigator: “Mrs. Jones, when did you inform the district that you disagreed with its assessment?”

Mrs. Jones: “At the IEP meeting of August 30, 2009.”

Investigator: “I’m looking at a copy of the August 30, 2009 IEP and can’t find any reference in this document to any disagrement on your part to the assessment or a request for an IEE.? Can you tell me what page it’s on?”

Mrs. Jones: “It’s not on any page.? They didn’t write it down.”

Investigator: “Did you subsequently submit anything in writing expressing your disagreement and requesting an IEE?”

Mrs. Jones: “I didn’t think I had to.? We talked about it at the meeting and the administrator told me someone would get back to me about it.”

Investigator: “Did you audio record the IEP meeting?”

Mrs. Jones: “No.”

Investigator: “Mrs. Jones, are you aware that the District claims that you never disagreed with its assessment or asked for an IEE?”

Mrs. Jones: “What?!!!!!”

A few weeks later Mrs. Jones gets a letter finding the district in compliance, explaining that there is no evidence of wrong-doing.

Another example of what not to do would be: A parent is speaking with her child’s teacher at the end of the school day as she picks him up from school.? Unbeknownst to this parent, the teacher has grown to dislike the principal over some unrelated issue.? The teacher will also gossip with whoever will listen, including the parent.? The parent is largely indifferent to the information the teacher discloses to her, but she wants the keep things cool between herself and the teacher for the sake of her child, so she indulges her.

On this particular day, the teacher tells the parent, “I probably shouldn’t be telling you this, but we had a meeting the other day and the principal told us that she doesn’t believe in full inclusion. She’s planning on placing your son in a special day class at another campus on the other side of town as soon as she can.? I just thought you should know.”? The parent understandably freaks out.

Knowing that placement decisions can’t be made outside of the IEP process, the parent panics and files a compliance complaint the next day alleging that the principal has failed to follow the proper procedures to change her son’s placement.? As it turns out, there is nothing in the record to suggest that the principal had any intentions to try to change the child’s placement.? When asked about it, the principal has no idea what is going on and claims she never said any such thing.

When the teacher is asked about it, she says that the parent must have misunderstood her.? She? tells the investigator that she did tell the parent about a staff training she attended on full inclusion and the types of students who can be fully included, but she never said anything about this parent’s child specifically.? “Besides,” she tells the investigator, “the principal can’t change any special education student’s placement.? That’s an IEP team decision.”

Now the parent looks like a fool and of course the allegation isn’t sustained.? The parent had a knee-jerk reaction and failed to confirm the facts.

The proper course of action would have been for the parent to request a copy of her son’s student records and write a letter to the principal asking if the principal has any concerns regarding her son’s placement that would make the principal think that his placement needed to be changed.? The principal would have been compelled to make the record in response and write back with a formal response.? Upon receiving the records and the principal’s response, the parent would have then been in a position to determine whether or not there was even a need to file a complaint, much less any evidence to support the allegation.

I hope you can see from this how important it is to have your facts straight and your evidence in order before you go off accusing people of anything.? Even if your allegations are true, you have to be able to prove them or they may as well not be.