Legitimate Parent Advocacy vs. Conspiratorial Movements

As much as the work we do at KPS4Parents focuses on social justice issues that include parents’ legal rights in the special education process and related areas of public agency regulation, I’ve been hesitant until now to say anything about what has been charading as a parents’ advocacy movement, lately. This is mainly because of the most recent developments involving the leadership of one such faux parent advocacy organization, Moms for Liberty, which pretty much speak for themselves and eliminate the need for me to work that hard at supporting my arguments with evidence.

I’m busy. I don’t have time for deep dives into the world of politics when I’m already doing deep dives into the peer-reviewed research and case law during the regular school year. I see every bit of stupidity and ineptitude in local government as we see in Congress on the daily. Idiot politicians are the reason why lay advocates and civil rights attorneys are needed in a democracy. Mark Twain is quoted as saying, “In the first place, God made idiots. That was for practice. Then He made school boards.” It’s not like any of this is new.

I’ve got over 20 students on my lay advocacy caseload, at least two of those cases are going to due process, several of those cases have outstanding remedies due to them from a federal investigation of their local school district that have not yet been negotiated, and others are requiring me to work with families at the local agency level to hopefully resolve their concerns, all the while also making the record just in case formal complaints or litigation become unavoidable. I’m not going to stop all of that to write a blog post/podcast episode unless the moment is right, and it’s now right.

I’m won’t rehash the Moms for Liberty scandal, here. You can read up on that on your own time, if you don’t already know about it. What I’m focusing on here are the social and psychological sciences as they interact with the rule of law in our democratic republic, and what that means for this country to have a government that is “of the people, for the people, and by the people” with respect to legitimate parent advocacy.

We’re meant to have a representative government and it isn’t representative of most of “the people” when a tiny minority of whack-job conspiracy theorists and con artists with prefrontal cortices made of cottage cheese or something close to it, are put into positions of authority, or otherwise have influence over those with authority, and have access to taxpayer resources with no effective systems of oversight or accountability. Once in power, people like these then attempt to bend reality to fit their whacko notions of how things should be, regardless of what the majority of their constituents want or need or the actual facts of the situation, usually for their own financial gain and without regard for any harm done to others. Berkeley Breathed referred to such an individual as a “tax-fattened hyena,” in one of his old Bloom County cartoons. I find the term eternally apt.

I find that these are “the people” employed within the public sector who are the most opposed to any kind of data collection that could be used as an audit trail and enforcement tool, which is why the backend business automation of most publicly funded agencies at the local level is such garbage. It’s really hard to misappropriate public funds when you’re leaving digital footprints right back to yourself in the process. Effective office automation on par with what has been happening in the private sector for decades has been limited in the public sector for supposed budgetary reasons, but the reality is that the ROI on a good system would make the upgrade pay for itself in no time. It’s not costs that are being avoided, it’s audit trails.

Because “the people” are expected to hold their government accountable according to the rule of law, it is necessary for “the people” to know how to do so and be given access to public agency information through various client’s rights, freedom of information, and public records laws. Because of our laws regarding public access to public agency information and the mechanisms of accountability that are built into the regulations that describe how our public agencies are supposed to operate, our democracy equips us with powerful tools that allow us to advocate for appropriate outcomes as regular members of society, including as parents for our children in programs for which we pay taxes to serve their needs as a matter of law.

Keeping parents in the dark about their rights and the proper paths for recourse and distracting them with pointless displays of anger and hostility are all parts of a strategy to undermine legitimate parent advocacy, not support it. It drains parents’ energy, time, and resources to pursue legitimate remedies by wasting it all on displays of emotion that rarely change policies and create more problems than they solve. The actual processes and procedures afforded to parents as per their lawful parent rights in the public education setting are the only mechanisms of democracy that are designed to address meritorious parental concerns.

No matter how many fits at a school board meeting a parent may throw, until they file a formal complaint of some kind, there’s not much anyone can do. When parents bring their legitimate concerns to a school board meeting, the proper response is for someone from the school board to help the parent exercise their rights, including helping them file a formal complaint. When parents attempt to argue for things outside the scope of what their public schools can legally do, the schools are obligated to explain how the rules actually apply and what can legitimately be done to address such parental concerns.

In the case of special education, this is specifically regulated at 34 CFR Sec. 300.503, which mandates the provision of Prior Written Notice (PWN) to parents whenever a change to a child’s special education program is proposed or denied by the public education agency. If the public education agency’s explanation doesn’t make sense for why it is proposing changes or refusing changes requested by parents, parents have a right to use whatever cockamamie excuse they’ve been given in their PWNs as evidence against their public education agencies in regulatory complaints or legal proceedings. Our democracy protects parents with rules like these, but knowing how to use them and enforce them isn’t something most parents know how to do.

One of the methods of depriving people of their rights is to deprive them of any knowledge of past successful efforts to secure the rights of citizens, such as with the litigation and legislative history of special education law, and the processes and procedures by which everyday people can now assert their rights under the law because of how past cases were successfully argued and won and how legislators have responded to the relevant scientific and legal developments over time. This is why these organizations are so strongly opposed to any curriculum that accurately describe the effects of slavery on American society and governance, and don’t want to acknowledge the growing body of science that better explains gender and sexual orientation than what the science of the past was able to tell us because it challenges behaviors that have been learned and practiced over generations according to religious and political beliefs that don’t always abide by observable reality.

For example, during the 1600s, the astronomer Galileo died under house arrest for heresy after daring to assert that the Earth rotates around the sun based on his observations using telescopes and calculating the movements of the stars and planets, because this contradicted the Church’s position at that time that the Earth was the center of the Universe and everything in the skies rotated around the Earth. Galileo was right, of course. He witnessed the actuality of God’s miracle, but rather than revel in its realization, the Church rejected it because it contradicted a long-standing myth that was being knowingly perpetuated by the Church so that it was not contradicted in the eyes of the people, lest it lose their trust and obedience. The Church did not acknowledge that Galileo was right and absolve him of heresy until more than 300 years later during the 20th century.

A fact-based discovery that contradicted the Church in such a significant way would have cost the Church a great deal of credibility among its believers if acknowledged as true, or at least that’s what the Church apparently feared, so it tried Galileo for heresy and gave him the choice of being found guilty and thrown in prison for the rest of his life or accepting a plea deal and spending the rest of his life under house arrest. He took the plea deal.

Whether you’re religious or not, the Universe functions according to set rules that can be measured, analyzed, and understood with enough time and resources. There may be a difference of opinion as to why that is and who or what caused it to happen, but what has actually happened with respect to Creation is an observable fact that simply has to be studied in order for the design’s function and purpose to be understood.

For example, humankind just spent seven years flying a space craft to an asteroid that is due to smack into the Earth in about 150 years so that we can start figuring out now a way to prevent it from hitting us by the time it gets here. We just flew this thing over millions of miles of space, right up to this asteroid, punched the asteroid using a mechanical arm, captured chunks of debris and dust that flew up off the surface of the asteroid from getting punched, then flew the debris and dust all the way back to Earth so we can analyze it and figure out what the asteroid is made of, which will help us figure out how to prevent it from hitting us. You cannot tell me that our species is capable of doing that and yet we can’t apply science to improve the quality of life for every human on our planet without destroying the world around us.

I help everyday families of learners with disabilities acquire the necessary knowledge about the processes and procedures that apply to their disability-related needs and rights so they can successfully advocate for their loved ones according to the applicable science and the rule of law. I understand the regulated processes and procedures that give my clients access to what the law promises them. I use the applicable sciences to identify each learner’s unique needs so as to inform the requests I make of publicly funded agencies and programs on their behalf. I understand what it means to facilitate “the people’s” participation in democracy at the local level, including participation in state and federal investigations, as well as due process hearings and disability-related litigation in local, state, and federal courts.

I understand that the only way to uphold democracy is to participate in it according to its rules and regulations. Anything that undermines the democratic process by violating a student’s constitutional rights, down to a shoddy triennial evaluation or a garbage IEP, is fair game for citizens knowledgeable enough to understand what they are looking at and the remedies available to them to fix anything wrong. Keeping people ignorant of what has worked in the past is a deliberate attempt to undermine people’s advocacy for themselves, their loved ones, and their communities in the present. People who fail to study history are doomed to repeat it, thus learning their lessons the hard way from trial-and-error rather than from the example set by those who came before them, which wastes time and slows down the rate at which society becomes smarter.

The first step of preventing people from advocating for themselves is preventing them from knowing about past efforts of advocacy that were successful, hence the book bans, altering curriculum standards to promote misinformation and omit important accurate information, protesting community-based pro-literacy and historical accuracy efforts spearheaded by minority groups, and attempting to control any other literary outlet that could expose children to facts that make these individuals uncomfortable. Keeping people ignorant is a powerful tool of oppression. That’s why American slaves generally weren’t taught to read. A literate oppressed class can communicate and collaborate more effectively to rise up against their oppressors.

People forget that America went through upheavals similar to what we are experiencing right now, back in the 1980s and 90s with some people freaking out over mandatory seat belt and motorcycle helmet laws and “no smoking” laws in restaurants and bars the same way some people freaked out about vaccines and masks during the worst of COVID. Back then, the Cold War had all the doomsayers expecting everyone to die in an unavoidable nuclear holocaust. Tipper Gore was coming for everybody’s rock music lyrics and Larry Flint, who once ran for president on the Republican ticket, was defending his first amendment right to show exploitative photos of consenting models to consenting purchasers of his published works, thereby effectively defending the first amendment rights of all pornography publishers.

Ironically, many of the men who I remember from back then supporting Larry Flint’s first amendment rights have since taken considerable issue with Colin Kaepernick’s first amendment rights when he peacefully protested murderous police violence against people of color and other minorities, as well as racial inequalities in America in general, by silently kneeling during the national anthem before the start of professional football games. Games! Grown men running around in matching outfits chasing balls and each other, like that’s somehow more important that the fact that we have a national epidemic of people on our local police forces terrorizing and murdering certain groups of people at will and getting away with it. It rather makes clear that they were willing to defend democracy when it meant they could look at pictures of sexually exploited models, but when it comes to protesting homicidal abuses of police authority against people of color and other minorities, as well as racial inequality in general, that is “a horse of another color,” which is disgusting.

My point is that the whacko minority has always been around, hypocritically asserting itself when it sees the opportunity to cite the law in support of its own agenda while denying the same protections to others with whom they disagree, before retreating into the corners and staying silent for a while until circumstances provoke them into coming out of the woodwork again. With each periodic re-entry into the mainstream, the whackos, at least temporarily, recruit others to their cause until their actual motives and sheer stupidity become evident to their recruits, who then abandon them as they begin to recede back into the woodwork. It’s a predictable cycle and now people are living long enough to see it repeat in their lifetimes.

When you realize it’s a predictable cycle, each new “Groundhog Day” moment leaves you better prepared for when the cycle repeats itself again. The benefit of learning from history is not having to waste time repeating past mistakes through trial and error to eventually arrive at the same conclusions. It’s Vygotskian scaffolding realness. It allows you to step into the problem-solving at a much later stage in the process, building upon the knowledge that was gathered by those who came before you, instead of starting from the beginning with nothing.

Here’s what I can tell you about having to interact with the crackpots that have infiltrated the public sector or otherwise raise pointless hell that interferes with the legitimate functions of government at the local level, as well as my childhood growing up in the middle of the still butt-hurt losers of the Civil War who have just been waiting for as long as I can remember for Dixie to rise again so they can get a re-do of the Civil War: I’m not kidding when I say their prefrontal cortices are made of cottage cheese, or the neurological equivalent thereto.

I’m entirely willing to believe that this is due to environmental deprivation of developmental learning opportunities throughout childhood and being raised by uneducated, usually deeply religious, authoritarian parents who supported slavery or descended from people who did, remained bitter and deeply chagrined about losing the Civil War, and relied on corporal punishment as their primary parenting method. I don’t think most of them were necessarily born without intact cognitive hardware to begin with. I think an awful lot of perfectly normal humans born into that culture have been deprived of developmentally appropriate environments during childhood that prevented the full development of their brains due to cultural beliefs that strictly controlled their lifestyles and environments.

There is a famous case study of a poor woman named Genie who was grotesquely neglected and abused by her family, and then subsequently exploited by the scientific community to study the effects on her development of spending the first 13 years of her life either strapped to her bed on her back or strapped into a toilet chair, always alone in her room with almost no human interactions. She spent most of the first 13 years of her life alone in that bare room with no toys, no language, and no intellectual stimulation. As a result, her brain failed to develop and she will always be intellectually, communicatively, and physically disabled and require constant care.

There were a lot of ethical concerns around how the research community handled Genie once she was rescued from her family. That said, her situation provided tremendous insight into what can happen to the brain of a developing child when necessary environmental stimuli are not present to trigger the brain to grow and develop. Play is learning, and formal education only adds to the learning that a child is naturally inclined to pursue independently in a developmentally appropriate environment. When children are deprived of developmentally appropriate environmental stimuli, the parts of their brains that are most ripe for learning are given nothing to learn and will atrophy from lack of use.

Genie’s uniquely terrible situation made clear that, once developmental milestones were lost due to environmental deprivations during childhood, they could not be recovered. This has since informed a great deal of science designed to understand how environments that contain some developmentally appropriate stimuli but not others affect human development across the lifespan, starting in childhood. In attempting to understand why the whackos are acting so whacky, it helps to understand that a fair number of them can’t help it.

This is how we’ve come to understand how It is entirely possible for a person to get just enough input from their childhood and adult environments to learn how to do accounting, cook dinner, and fly a plane, but still have failed to developed in other areas necessary to functioning as a fully capable member of society. Intellectually capable people with under-developed social/emotional functioning can pose a danger to themselves or others, particularly with respect to domestic violence and disgruntled employees.

What we are now starting to understand about the effects of children being raised in environmentally deprived environments explains a lot in hindsight, but creates a whole new set of challenges about how to ethically address this as a threat to domestic tranquility going forward. Our current societal problems with mass shootings are strikingly similar to the suicide bombers of the 9/11 era. Radicalization is a lot easier to achieve with people who have “holes” in their development from inborn disabilities and/or being raised in developmentally deprived environments. Parents who were raised as children in developmentally deprived environments are more likely to perpetuate the deprivation with their own children because they don’t know that something is missing, much less what it is, so they don’t know to add it to their children’s environments.

Education that includes developing critical thinking skills, such as those promoted by the Common Core, is necessary to create a public that is educated enough to participate in our government “of the people, for the people, and by the people,” with any success. So, when these groups start coming for our public education system to remove content and control what facts our students are allowed to be taught and which facts will be withheld from them, that’s censorship, not first amendment freedom of speech or evidence-based instruction. It’s entirely unconstitutional, and it violates best practices.

That is not legitimate parent advocacy. That is an organized effort to undermine our democracy by groups of radicals looking to cloak themselves in the language and superficial appearance of a cause people can support – here, parents’ rights in the public schools – so they can infiltrate, undermine, and profit from running our public systems in a broken way. As someone who does the job for real, I resent getting lumped in with these kooks by public education agency officials and their representatives when I attempt to help a family avail itself of the actual rules and regulations as a legitimate function of democracy. I deal with enough “Karens” employed within the public schools; I don’t need to also be associated with the “Karens” high-jacking the legitimate cause of parents’ rights and using it as a dishonest cover to pursue undemocratic ends.

In the special education context, which serves as a good example of the kinds of regulated mechanisms of democracy that exist at the local level, parents have federally protected rights to, 1) informed consent, meaning they fully understand any special education-related documents to which they are asked to sign their consent, and 2) meaningful parent participation in the IEP process, including a voice in educational placement decisions. This means that a parent’s input has to be seriously considered by all the other members of the IEP team, and it’s understood that the parent is automatically a member of the IEP team as a matter of federal law. The public schools are not permitted to unilaterally decide what goes into a student’s IEP without parental input and parents have recourse if they ever disagree with the public schools about what their students with disabilities require.

There are all kinds of rules and regulations that describe how parents of children with disabilities can avail themselves of the rule of law and enforce their children’s educational and civil rights. The problem is that the rules and regulations are complicated, the science that applies to their children’s unique educational needs is complicated, the processes and procedures take way too long for comfort, and there are usually at least some unrecoverable economic costs to the families that take time to pursue appropriate remedies from the public sector for their loved ones with disabilities. It’s not fair to the person with the disabilities when the people responsible for advocating for them, usually family members, know less than the people from whom they must make these requests.

The power imbalance is significant and is only further complicated by the reality that the public sector employees have millions of taxpayer dollars to tap into to pay lawyers to keep them out of trouble. Think: “pre-conviction Michael Cohen.” These are often high-priced fixers paid by tax-fattened would-be oligarchs who view their publicly funded agencies as their own little personal fiefdoms, and their consumers as just a means to their own personal financial ends, as though public program beneficiaries solely exist to justify the publicly funded paychecks of public agency administrators.

Every state has adopted standards by which all of its public schools must abide for the purposes of providing America’s K-12 students with what each state considers appropriate for students to have learned by each grade level across all core subject areas. These whacko book-banning conspiracy theorists and their dog-and-pony road shows at school board meetings, public libraries, and community-based literary events are taking their arguments to the wrong venues if they don’t like what is being taught in their states.

Most of these folks tend to favor the idea of reduced federal government and increased state rights, so I don’t understand what their argument is, here. They have an existing state right to establish their curriculum standards at the state level, and if they don’t like those standards, they can put forth proposed state legislation or a bring a lawsuit against their state that proposes to change their state’s standards, but their local school districts are still responsible for satisfying their state’s then-current standards until such time as they are changed, as a matter of law because this is a democracy, and that’s how you change the rules if you don’t like them in a democracy. If attempts to change the curriculum at the state level fail, one’s recourse could include filing a lawsuit or running for public office to effect policies directly, not book bans and death threats.

This brings me to the actual strategy that is at play here, which is something I call the “Anger & Fear Engine.” This goes to something that most people understand, which is the fight/flight/freeze mechanism. For many years, people only thought of the fight and flight aspects of it, and I suspect that’s because they rhyme and it’s easy to remember, but in all actuality, when an organism is threatened, it will actually either run away, fight to defend itself, or freeze and get either ignored or attacked. Plenty of people know what it’s like to automatically freeze in a moment of surprise, especially if it’s scary. The fight/flight/freeze mechanism is a very primitive neurological response that is normal in human development, and something humans share in common with almost all other living creatures.

Anger is generally a secondary response that puts one on the offensive after something has initially put one on the defensive. One gets mad when made to feel afraid, vulnerable, betrayed, insulted, offended, disrespected, rejected, inferior, etc. All of those things instantly make people feel bad about themselves, at least until they’re done processing what is going on, at which point the fight/flight/freeze mechanism kicks in. Anger occurs along with the adrenaline rush that hits when that “switch” is “flipped” from feeling compromised to going on the offensive.

If you opt for fight, you’ve taken that defensiveness and flipped it to going on the offensive. If you opt to flee or freeze, the problem is likely to remain unresolved, at least temporarily. Sometimes you need to retreat and regroup before you know how to most effectively go on the offensive and fight back. Flight can serve a constructive purpose if it buys you the time to figure out what you need to do and what tools you will need to fight back and win. This is the primary reason why most of my clients do not sign agreement to any important documents when they are presented; we take our time to review them outside of any meetings when we have time to sit and focus on what they actually say before responding to them in writing with any signatures. Freezing may buy time if it doesn’t result in getting attacked; if anything, it can buy time until an opportunity to either fight or retreat presents itself.

Dr. Martin Luther King said, “The arc of the moral universe is long, but it bends towards justice.” Those words entirely capture the amount of time it takes to do a good job of gathering the necessary data and documents to inform an appropriate program of instruction for a student with disabilities, much less engage in any enforcement mechanisms that might also be necessary to make that happen.

British film producer Peter Brook is quoted as saying, “Violence is the ultimate laziness.” His point was that negotiations and adult-level problem-solving require a lot of serious thought that is based on a comprehensive-enough understanding of the underlying facts, which can take a long time, but bashing people over the head can take just a few seconds and you don’t have to think that hard to do it. Violence is lazy because it doesn’t include all the hard thought and collaboration that is required for peace. Have you noticed that the people who do the most complaining rarely have a workable plan to fix whatever they’re complaining about? They exist to grieve, not resolve.

Fear can become anger very quickly, and becoming angry can instill fear in others, which can prompt them to become angry as well, hence the “Anger & Fear Engine.” It’s a common psychological response to threats, but uncontained anger and violence towards societies or specific members of society are the methods of barbarians. They are the methods of the lazy or incapable. Successful strategists can manipulate environmental factors according to best practices and the rule of law such that other people’s behaviors are shaped and changed into something more conducive to a healthy, thriving community without any fighting at all, such as when policies and practices actually meet the needs of the people. Sun Tzu asserted in The Art of War that the most successful war is the war you prevent and never have to fight.

The problem, however, is that the dangerously large minority of people whose prefrontal cortices are something akin to cottage cheese literally lack the neurological hardware to understand how to participate in the adult-level problem-solving necessary to seriously address society’s challenges. Legitimate parent advocacy requires a lot of research and writing according to science and law, not screaming in school board meetings, blocking the entrances of public libraries, or disrupting community-based literacy programs. Any organization that purports to engage in standing up for parents’ rights should be actually participating in activities that involve the actual mechanisms of democracy, or they are just fundraising off the backs of people in need without offering real solutions and telling them the only solutions are harassment and/or violence. They are selling the lazy alternative to people who don’t know how to engage in the real solution.

Moms for Liberty and organizations like it are not legitimate parent advocacy organizations. They do not assist parents in participating in the legitimate democratic processes and procedures that already exist to help parents uphold and enforce their rights. If anything, there is an effort by these groups to obstruct and/or subvert democracy at the local level by passing bigoted, unconstitutional local school board policies and aggressively attempting to uphold and enforce them, even if they are unlawful and unethical. The legitimate complaint and due process mechanisms available to parents are not utilized by groups like these, very often because they would not be successful on their merits for the types of undemocratic culture-war claims they want to assert.

It is so very important for parents to make sure that any outside providers they turn to for support are acting according to best practices and the rule of law, and are legitimately taking the needs of client families into account. Parents should be asking a lot of “how” and “why” questions as they learn how to exercise their rights under the law. The first question any parent should ask when embarking upon an effort to exercise their rights is, “May I please have a copy of my parent rights?” Start there and keep digging for more information if something doesn’t make sense. Call your state’s department of education and ask for explanations of things you don’t understand about the rules and how you can legitimately participate.

If you think your local education agency needs better board leadership, run for school board yourself or support candidates who agree with you about compliance issues that affect your children and local community. The only way to preserve democracy is to participate in it, which means voting, running for office, and availing yourself of complaint and due process procedures as appropriate to each circumstance to create the changes in the world you want to see. Throwing a fit and demanding that everybody else force reality to bend to your will isn’t democracy at all.

Podcast: Emotions Part 3 – Administrators

On November 15, 2008, we originally published  Emotions Part 3   Administrators  as the third in a series of text-only blog articles. 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,  Emotions Part 3   Administrators.

Podcast: Emotions Part 1 – Parents

On November 12, 2008, we originally published “Emotions Part 1 – Parents” as the first in a series of text-only blog articles. 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.

We are starting with “Emotions Part 1 – Parents” and will continue through the series by recording and making available audio versions of many of our other text-only articles. 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, “Emotions Part 1 – Parents.”

Services that Address IEP Behavior Goals

Once a special education student with behavioral issues receives an appropriate assessment of his/her behavior, and appropriate IEP goals are written to address the student’s behavioral needs, the IEP team has to determine what services and supports are necessary to see those goals achieved.  The types of services and supports a child requires in order to achieve his/her IEP goals can influence placement decisions, which is why placement is the last decision that should be made by the IEP team.

It is necessary to first know what services and supports will be required in order to determine what the Least Restrictive Environment (“LRE”) is for each particular special education student and, as we’ve stated before, the LRE is relative to the unique needs of each individual child.  What is the LRE for one student is not necessarily the LRE for another.  Placement must be in the least restrictive environment necessary in order for the services and supports to be provided such that the goals can be achieved, which varies from student to student.  That means that the selection of services, including the frequency, duration, and times of day they are provided, is a very critical step in the IEP process and it comes into play fairly late in the game.

To recap the process (as described in our prior postings in the “Techically Speaking” category), the IEP process begins with assessment.  The data yielded by the assessment is supposed to inform the IEP team of the student’s Present Levels of Performance (sometimes referred to as “PLOPs”).  Based on what is understood about the student’s Present Levels, the IEP team then must write measurable annual goals that describe in objective, empirical terms what outcomes the IEP is attempting to achieve – what specifically it is trying to teach the student to do.  Once that is known, the next step is the selection of services and supports.

There are a number of tools to address behavioral goals that can be used.  One of the most powerful tools is a Behavior Support Plan (“BSP”) or Positive Behavior Support Plan (“PBSP”).  Once a functional analysis of a student’s behavior has been conducted, the next step is supposed to be the creation of a BSP/PBSP unless?the analysis reveals that the behaviors do not significantly impact the child’s participation in his/her education.

A properly written BSP/PBSP is a thing of gold, but it’s no good to anyone if not everyone implements it the way it is written.  Behavior is a touchy thing.  When you have a child who realizes that the same behavior is met with different outcomes depending on who that child is with, what you often produce is a manipulative child who learns how to push peoples’ buttons.  When behavior is met with the same outcome regardless of who the child is with, the child gets a consistent message about certain behaviors.  For that reason, it is imperative that anyone working with a special education student who exhibits problematic behaviors follow the BSP/PBSP to the letter as best as he/she possibly can.

A BSP/PBSP starts out by describing the problem behavior so people know what they’re looking for. Identifying the function that the behavior serves (i.e. to avoid math problems, to avoid writing, to gain access to more preferred items or activities, etc.) allows people know what need the child is trying to meet and, therefore, the types of responses they should have to the behaviors.  The BSP/PBSP should then describe what responses to give to each type of problematic situation if the behavior manifests, but, more importantly, it should describe what replacement behavior will be taught to the child so that he/she has a more appropriate way of seeing his/her needs met without engaging in the problematic behavior.

It’s not enough to tell a kid to stop doing something.  You have to tell them what is appropriate for them to do instead.  If you’re trying to drive a nail with a banana peel, you’re just going to make a mess.  But, if all somebody does is tell you to stop slinging that useless banana peel at the nail and fails to give you a hammer and show you how to use it, you’re still going to be stuck with a nail that hasn’t been driven.  What you were attempting to accomplish remains unachieved.

Children need to be taught things.  They can’t be expected to somehow magically know things or figure things out as well as more experienced adults.  Children with certain types of disabilities have a harder time picking up what seems obvious to most people, requiring explicit instruction on more basic concepts.  A BSP/PBSP describes what fundamental concepts are being taught, or refers to the behavioral goals which describe what concepts are being targeted, so that the child acquires the reasoning skills necessary to handle situations more successfully.

I’m a fan of Diana Browning Wright’s work. She’s done trainings in California and I have students whom I represent whose PBSPs are written up on Diana’s forms.  They’re very well organized and make total sense.

Another tool that some schools try to use is a “Behavior Contract.”  I’m not a huge fan of these at all.  A “Behavior Contract” is something usually used in general education in which a student makes a written commitment to follow school rules.  It utterly fails to identify what need the student was attempting to meet by engaging in the inappropriate behavior and only speaks to what the child will do; there is nothing that describes what the adult school site personnel will do to assist the student in dealing with whatever is provoking his/her inappropriate behaviors so that they don’t present problems for the student anymore.

Instead, the child is stripped of whatever coping strategies he/she had, even if they were poor ones, and left with nothing he/she can do at all.  This creates a great sense of powerlessness, which can turn on its heel in an instant and lead to more escalated behaviors meant to regain whatever power the child feels he/she has lost.

I’ve seen it happen too many times.  What was meant to stop a problem behavior only served to reinforce it and is particularly horrible to deal with among children with issues involving anxiety, paranoia, and/or Oppositional Defiant Disorder.  Their handicapping conditions magnify, sometimes exponentially, their reactions to having their actual needs ignored and left with no way to see them met, while everyone else is focusing on what they inappropriately did in an effort to see those needs met.

A good BSP/PBSP should also include a description of what consequences and reinforcers should be used to encourage the use of the appropriate replacement behavior and discourage the use of the inappropriate behavior.  By consequences, I do not mean punishment. A consequence is anything that results from an occurrence or event.

In the realm of positive behavioral intervention, a consequence is any outcome that discourages a behavior from reoccurring.  This is often the intent of punishment, but punishment is an artificial consequence that the child may associate with something other than his/her own inappropriate behavior, such as the person who is punishing him/her.

Consequences should fit the behavior and they work best if they are natural, inadvertent outcomes of doing the wrong thing.? In my example above, the natural consequence of trying to drive a nail with a banana skin is a gooey mess and a nail that still hasn’t been driven.  That by itself is enough to discourage me from ever trying to drive a nail with a banana skin again.  It clearly didn’t work.

But, associating consequences with one’s own behavior is actually more subtle and difficult than it sounds.  For children with relatively inexperienced, growing (and, thus, continually changing) minds, it’s even harder.  For children with certain types of special needs, it can often be agonizingly difficult.  The connections have to be taught.  So, the consequences to inappropriate behaviors and reinforcers of appropriate behaviors should be delivered as soon after the behaviors have manifested as possible, particularly when first starting out with a new behavior program.  Over time, the reinforcers can be faded.  The idea is that the use of the appropriate behavior will become intrinsically rewarding because it yields success without drama and the need to artificially reinforce will disappear.

The use of appropriate data collection tools is critical. Data collection should be naturally built into the behavior goals and BSP/PBSP. It’s the only way to track progress and measure the degree to which the replacement behavior is taking over for the problematic behavior. Therefore, data sheets have to be created right away at the beginning so that data collection can begin as soon as the school site personnel start implementing the goals.

Parent training is also a really valuable piece to a successful behavioral intervention program.  Just as it is imperative that the child be met with the same response to his/her behavior by all of the staff working with the child, it is equally important that he/she is met with the same response at home.

I’ve seen some of the best school-based behavior strategies in the world completely unravel because no one thought to explain to the parents how the behaviors were being responded to at school.  The child would go home to a completely different set of expectations and responses to problematic behaviors and an entire school day’s worth of intervention might as well have never happened.  The next day, the school site staff would be starting all over again.

By training the parents on the behavioral strategies being used at school, particularly if they can collect at least some data on what they are doing, makes them more involved, gives them greater understanding of what the school site team is trying to do, makes them partners in the process rather than outside observers, makes them more comfortable about how their child’s behavior is being handled by the school site staff, and creates much needed consistency that will help make the intervention successful.

Do you have any other suggestions regarding behavioral supports and services that can be made part of a student’s IEP? Post your comment with your suggestions below.

Present Levels of Performance – Where They Come From and Why We Need Them

We’ve discussed and provided a basic definition of present levels of performance in previous postings, but I really want to focus in on them in today’s posting because they are so critically important and so often over-looked. I’ve encountered IEPs that didn’t have them at all. I’ve also encountered IEPs that had such vague and non-specific present levels statements that they served no useful purpose whatsoever.

34 CFR ? 300.320 requires statements of present levels of performance as well as measurable annual goals. This is one of those things about the law that requires some reverse engineering and common sense. While the federal regulations do not spell out what all the elements of properly written present levels statements are, because they describe what a child can and cannot do at the time an IEP is written and because the goals describe what the child should be able to do one year from the date the IEP is written after receiving services, you can deduce that the present levels statements and the goals have to directly relate to each other.

In essence, your present levels are your “befores” and the goals are the “afters” that you’re aiming for. Measurability is required of goals so that you can tell if the student has made any progress or not, but that also requires that you knew where he/she was as of the start-date of the IEP as a point of reference. The progress a child is making over the course of the annual period covered by the goals has to be compared back against the present levels that were written at the time the IEP was developed.

For example, let’s take something easily measured like reading fluency. Reading fluency is basically how fast someone can either recognize on sight or decode a word while reading?- in essence, how fast can the person read (which doesn’t necessarily imply that the person understood what was read). Fluency is purely a measure of how fast a person can read off the text on the page.

Let’s say a child starts out at the beginning of an IEP with a fluency of 80 words per minute with first grade level text. The present levels of performance statement would read something like, “When provided with five consecutive passages of 150-200 words at the first grade level within a two-week period, [Student] demonstrated a reading fluency rate of 80 words per minute.” That’s pretty straightforward. The goal might read something like, “[Student] will read a passage of 200-250 words at the second grade reading level per trial with a fluency rate of at least 120 words per minute in 3 out of 5 consecutive trials within a two-week period as measured by teacher-recorded data.”

I don’t want to delve too deeply into the science of goal-writing right now; that’s an upcoming posting. But, because goals directly relate to present levels statements, I have to give an example here simply to make the point that without solid present levels, you have no idea whether a student’s performance towards a particular goal represents growth or not.

If you didn’t already know that the child read first grade level text at 80 wpm, then you wouldn’t know that second grade material at 120 wpm was an improvement. Where would you be?- where would the child be?- if you wrote a goal targeting 120 wpm and it turned out the child could already read 120 wpm? That’s not progress. That’s stagnation. What if the child actually read at only 10 wpm at the time the goal was written? Is it realistic to expect a fluency rate of 120 wpm after one year’s worth of intervention in a situation like that?

Because goals must be measurable, and because they refer back to the present levels of performance, the present levels themselves must be measurable. This really shouldn’t be that hard to accomplish if the last body of assessments were properly conducted and reported and all the present levels and goals from the time the assessments were conducted forward were properly written. But those, unfortunately, are big “ifs.”

I took the following example from the IEP of a student whose case we helped take to due process?a few years ago: “[Student] can copy anything. She is writing her first and last name on her own with few errors. She voluntarily writes ‘Daddy.’ She loves to write on the white boards.”

This is one of my favorite examples of how not to write a present levels statement. It was written for a seven-year-old with Down’s Syndrome and very serious holes in her knowledge due to poorly designed programming over a period of years. When I first read this child’s IEP and came across this language, I said to her father (rather sarcastically, I’ll admit), “She can copy anything? Like, the Mona Lisa? Wow! That’s amazing!”

Here are the major failings of this present levels statement: the word “anything” is wholly inappropriate. Additionally, there is no way to know what the author of this present levels statement meant by “few” errors. How many is that? What kind of errors? Could she write her name with or without prompting? With or without a model? Plus, the language that she could write her first and last name with few errors was, verbatim, the same language in her present levels statement of her writing goal written one year prior, which suggests that she failed to make any progress over that one year’s time.

Her whole IEP was written like this. I can’t fathom why the District didn’t settle the case; if I’d been the District’s director of special education, I would have been mortified for this case to go before a Judge.

I distinctly recall sitting in the hearing and watching the Judge shake the IEP in the air at the Program Coordinator from the District who was testifying at the time, demanding, “You just testified that it’s your job to make sure IEPs are written properly by your staff.? How do you explain yourself?” She started to cry. He’d had a box of tissue brought in right before she began her testimony and shoved it in her direction as he threw the IEP back down on his table in disgust. The parent and I certainly felt vindicated. We’d made that same argument at the IEP level and it hadn’t gotten us anywhere.

Conversely, here is a properly written present levels statement from a real IEP: [Student] has difficulty recognizing and explaining how words are related, as demonstrated on the CELF-4. His responses tend to be vague and do not identify the most important elements. Word Classes Total: Percentile Rank 1, WC Receptive PR=2, WC Expressive Subtest PR=4. Verbal analogies and quantity vocabulary are areas of particular need for [Student]. He also confuses words that are phonologically similar (e.g., cricket, crooked). He needs to learn to hear the differences in the sounds of the words and recognize salient information.”

Granted, it took a lot to arrive at an IEP with great language like this in it, but once it was all said in done, this child’s IEP was truly a document worth enforcing and we were able to avoid litigation altogether. He’s being doing great ever since.

That was from a couple of years ago. Here’s another good example of sound present levels statements taken from a recent IEP for a student that I attended earlier this month: “[Student] has difficulty comprehending his own reading and that of others. He is often unable to answer surface questions about the story he or others are reading aloud. When a simple passage is read to [Student] and he is asked to answer 10 comprehension questions [Student] answers 4 out of 10 correct. When [Student] has read the passage and asked to answer 10 comprehension questions in writing [Student] correctly answered 6 out or 10 questions.?An SRA reading/comprehension assessment found [Student] answering 4 out of 40 comprehension questions.”

You will note that the present levels statements I’ve cited as being relatively good are much longer than the one I cited as being bad. But, just because a present levels statement has a lot of words in it, that doesn’t mean it really says anything of value. It’s easy to say a lot of nothing with a lot of words.

You will notice that these good present levels statements include numbers. It’s important to appreciate the logic of basing IEP goals on empirical data. Measurability, which is required of annual goals, means that you have to count something. IEPs have to be reasonably calculated to render educational benefit. You can’t count or calculate anything without numbers.

Imagine hiring a contractor to build a privacy wall along the side of your property. If the contractor came out to your house and “eyeballed it” rather than taking measurements and diagramming out his work in advance, and failed to mark out with stakes and string where to dig for the foundation of the wall according to his measurements and diagrams, what would be the likelihood of you actually letting this guy tear up your yard, pour concrete, and stack bricks along your property line? What do you think the finished wall would look like if the contractor were to just “eyeball it” along the way rather than have taken measurements and worked off of them throughout the project?

If you wouldn’t dream of letting a contractor “eyeball it” on a wall in your yard, why on Earth would you trust anything less empirical with your children’s or your students’ educations? There is no room for vague, wishy-washy language when it comes to describing what a child can and cannot do at the time an IEP is written. That is the foundation upon which everything else is built.

I hope this information helps you better understand present levels of performance. Please do comment and let us know if you have questions about anything discussed in today’s posting or have an example of your own to share.

Why Placement Isn’t Where You Start: Understanding the IEP Process

I can’t count the number of parents who have approached me to accomplish a specific placement for their child. Usually it’s because the child of someone else the parent knows has been placed in a particular setting and is doing really well, so the parent presumes his/her child would also do well in that setting. As another example, a child may only be receiving 20 minutes of individual speech-language services a week, which the parents contend is reprehensibly paltry for their language-impaired child.

 

 

These parents come to KPS4Parents looking to change their children’s placements or increase the number of related service hours in a specific setting because they think the placements they already have are inadequate. But, most of the time they’re totally missing the point.

 

It’s not that something isn’t wrong. If nothing was wrong, their children would be making a reasonable degree of progress and they wouldn’t be coming to us for help. But, because they are lay people and they don’t understand the process, they target what is the most observable thing to be targeted – the placement – without understanding all of the more abstract underpinnings of what makes any placement appropriate or not.

 

This can lead to a lot of pointless arguments and disputes.  Some of these parents will go out and hire lawyers to press the issue only to be dismayed if they don’t prevail.  The problem is not always with the placement or services, per se. It’s very often with the present levels of performance data and the goals. Parents rarely understand just how critically important these foundational pieces are to their children’s success in any placement.

 

You will note that our last few postings have followed a progression. We started out talking about – child find  and then moved on to the initial assessment process, understanding assessment data, and eligibility.

 

 

Special education follows a very linear process. Actually, it’s pretty formulaic. Parents aren’t expected to automatically know this. But, I’ve attended countless IEP meetings where school site staff didn’t seem to know it, either.

 

The process begins with assessment. Assessment determines whether a disability is present and, if so, fleshes out enough details about what is going on so that the IEP team can determine the child’s present levels of performance. Present levels of performance statements indicate what a child can and cannot do. 

 

Once the present levels are known, measurable annual goals are written to target deficits in skills and knowledge. The intent is to describe what the desired outcomes of one year’s worth of special education will be.

 

Once the desired outcomes have been described, services are selected that are necessary to see the goals achieved.Placement is driven by what will see the goals achieved, taking into consideration the services that are necessary to meet them, in the least restrictive environment (“LRE”). LRE means that, to the maximum extent possible, based on the unique needs of the child, the child is to be educated with his/her non-disabled peers and preferably at the same school he/she would attend if he/she did not have a disability. 

 

The LRE requirement is a huge consideration and is relative to the unique needs of each child.  What is least restrictive for one child may not be least restrictive for another. The most important consideration is “What is the LRE in which a specific child’s goals can be met?

Because special education calls for an Individualized Education Plan (“IEP”), you can’t compare one child’s performance in a particular setting against the performance of another child.  The child’s performance has to be measured against the child’s capabilities and the unique challenges he/she faces. Just because two kids have autism, that doesn’t mean they will both benefit from the same program.

 

And, it isn’t just parents who can be guilty of putting the cart before the horse. I’ve gone into more IEP meetings than I can count where the education agency has already pre-determined the placement and then proceeds to propose pre-written goals that fit the placement rather than the child.

 

In fact, I had a meeting just like this earlier this school year (2008-09) and I want to share an out-take from the audio recording of the IEP meeting just to illustrate this point. To give you some context to the recording, the IEP team had just gone over the District’s assessment of the student and the conversation you hear in the recording is what immediately followed the presentation of the present levels of performance.

 

NOTE: There is no identifying information disclosed that could be used to compromise the child or family’s confidentiality and the family in question has given their consent for us to use this brief segment.? (Please forgive the hum of the air conditioner in the background.)

 

Those of you who know better, now having listened to this little snippet, are probably dying on the inside right now.  This child has a whole host of claims against his school district and we’re working with the District’s administration right now to achieve remedy to this child’s situation.

 

Those of you who are advocates for children already know, and parents should take heed, that there are times when it becomes apparent that sanity and logic have gone right out the window and the only thing you can do is sit back with the audio recorder running, ask probing questions, and just collect evidence. This was one of those situations, which is why I sound less than enthusiastic in the recording.

 

I much prefer to facilitate resolutions that lead to immediate benefit for students than collect evidence of school district personnel ricocheting off of each other like Keystone Cops.? School site staff, including this student’s teacher, didn’t even know what grade this student was in.

 

At any rate, my point is this: placement comes at the end of the line after everything else has been discussed. Everything else builds up to the placement decision. It’s the very last thing you decide.

 

Going into an IEP meeting with a specific placement pre-determined is sheer folly.  You’re operating on preconceived notions and you’re not letting the legally prescribed and entirely logical process occur. I’ve seen parents and school personnel alike go in so dead-set on what placement they think a child should have that they don’t listen to a word of the data about what the child’s needs actually are and what is reasonable to expect in terms of desired outcomes.

 

The other thing that trips up parents and leads to disputes over the wrong issues is a lack of understanding about various different service delivery models.  I’ve seen children with profound language impairments receive very little individual language services, not much more group services, but a whole lot of imbedded language programming in the classroom.

 

Here’s the thing with teaching skills to children, regardless of their cognitive level: children learn an awful lot by copying whoever they are around. If you put a bunch of kids with speech and language disorders in the same room all day long, they’re all going to start picking up each other’s speech impediments. Language-impaired children need to hear properly spoken language all day long and have their language intervention built into their regular day-to-day activities.  Real life is where the language is needed, not the artificial setting of the speech room.

 

Some parents seem convinced that if their child receives more individualized language services in the speech room, that’s automatically going to improve their child’s language. But, that’s often not the case.  In my experience, the benefit of individualized speech-language sessions is to pre-teach certain skills and rehearse them before attempting them in real-life, natural settings with other people. Group language instruction can be helpful to rehearse before trying to use skills in the classroom and on the playground, as well.

 

The issue here isn’t whether the language programming can be successfully imbedded into the day-to-day classroom routine, but rather whether it’s really being done and how the fidelity of that implementation model can be monitored and maintained. This takes us right back to the measureable annual goals.

In order for progress towards the goals to be measured, data has to be collected. We’ll talk more about goals and measurability in an upcoming posting, but I want to make the point here that so long as you have sufficient data collection taking place, you’re going to be able to track whether things are being done properly and whether or not they are working.

 

You also have to consider that programming embedded in the classroom is less restrictive than pulling the child out of the classroom for services.If the language services are embedded in the classroom, for example, the child can be simultaneously learning the curriculum and improving his/her language skills. If the child is pulled out, he/she loses instruction time in exchange for related service time.

 

The same scenario can be used for a variety of related services and types of specialized instruction.? Parents need to understand what is actually being offered and focus more on goal attainment, measurability, data collection, and the LRE than anything else.? Once the goals are written in an appropriate manner and in all areas of need, you will find that the amount of service hours needed to pull them off starts to add up.? And, this is where I think the light bulb finally comes on for parents.??

 

When parents come to me upset about inadequate service hours, I look at the goals. If, for example, the child only has one goal for mastering the /r/ and /l/ sounds, then fifteen minutes a week of speech-language services sounds about right. But if the same child also has huge deficits in grammar and syntax, as well as significant pragmatic (social) language deficits, when the parents are saying “My kid needs more speech-language services,” what they’re really saying is that their child needs help in more areas of speech-language than what his/her goals actually address. 

 

The next step is to add more speech-language goals in those areas where needs are not being addressed to the child’s IEP. Once those goals have been written, then we can ask the question “Is fifteen minutes of speech-language service per week enough time to see all of the speech-language goals met?|” and the answer is most likely going to be “no.” At that point, the number of speech-language hours can justifiably be increased.

I hope this helps make more sense of things for you. Please do comment to this and our other postings. We appreciate the number of visitors we’re getting to the blog and the emails we’re getting from people, but your comments will really help make this the collaborative tool we want it to become.

The Ethics of Making the Record

Today’s posting includes a podcast for education professionals, which we’ve broken into two separate downloads due to the overall file size. We’ve focused in today’s podcast on the ethics involved in making the record.

It’s an established practice in special education that when parents start to seriously pursue services for their children with special needs that their local education agencies don’t want to provide, some local education agencies will resort to making the record in such a way as to discredit the parents’ requests or the parents themselves in anticipation of possible due process.

For you special education professionals who find that your values conflict with what you are expected to do on the job, today’s podcast is specifically for you. If you currently feel stuck in the middle between the demands being made of you by your superiors and what you know in your heart to be right, today’s podcast will hopefully shed light on your situation and help you navigate your way out of this terrible situation.

PodCast Part 1: Part 1- Taking the Higher Road When Making the Record
PodCast Part 2: Part 2- Taking the Higher Road When Making the Record

Additional Relevant Links:
Educators’ Protections Under Section 504
The Maxwell Daily Reader by John C. Maxwell