+ Understanding IDEA: Students with Disabilities in Truancy Court Glenna Billingsley, Ph.D. / Tichelle Bruntmyer, M. Ed. / Ellen Duchaine, Ph. D. Texas.

+Understanding

IDEA: Students with Disabilities in Truancy Court

Glenna Billingsley, Ph.D. / Tichelle Bruntmyer, M. Ed. / Ellen Duchaine, Ph. D. Texas State University – Department of Curriculum & Instruction San Marcos, [email protected], [email protected], [email protected]

+Online Module: How it works

This online module is based on the presentation that professors from Texas State University in the Department of Curriculum and Instruction presented for the TJCTC 20 hour programs throughout the FY15 academic year.

In order to gain the entire two hours needed for credit, be sure to watch the videos and visit each link and outside source.

To open the hyperlink for videos, right click on the link and choose “Open hyperlink”

At the end, a certification form is available. Please download, fill out, and return to the email [email protected]

Thank you!

+Session Objectives

Participants will:

1. Be introduced to the disability categories under IDEA, and general requirements for students with disabilities.

2. Learn the characteristics of disabilities in youth who may appear in your court, and hear how those characteristics may affect the youth’s behavior.

3. Gain understanding of why youth with disabilities may have truancy problems.

4. Learn strategies that may help youth with disabilities.

5. Hear why some methods may not work well because of a youth’s disability.

+History of IDEA

The following link will take you to a video on the history of the Individuals with Disabilities Act on Youtube from Education Portal. (3:27 run time.)

To open the hyperlink for videos, right click on the link and choose “Open hyperlink”

https://www.youtube.com/watch?v=3XMndYNEGFA

+IDEA Disability Categories andGeneral IDEA Requirements

+ Individuals with Disabilities

Education Act (IDEA) – Disability Categories Autism

Deaf/Hard of Hearing

Deaf-blind

Developmental Delay

Emotional Disturbance

Learning Disabilities

Intellectual Disabilities (Mental Retardation)

Language/speech impairments

Multiple Disabilities

Other Health Impairment (includes ADHD)

Orthopedic Impairment

Traumatic Brain Injury

Visual Impairment

+What are the Different Types of Learning Disabilities?

The following link will take you to a video from The National Center for Learning Disabilities. (Run time: 7:30)

To open the hyperlink for videos, right click on the link and choose “Open hyperlink”

https://youtu.be/yG_xSBsFMPQ

+ IDEA Requirements

Zero reject Schools must educate all students with disabilities Schools must consider possibility of disability when a student exhibits

behavioral or academic problems

Parent and student participation and shared decision making

Nondiscriminatory identification and evaluation Evaluation conducted in child’s native language, using multiple

measures

Free, appropriate public education (FAPE) Special education services must be individualized to meet each

child’s unique needs, at no cost to family Applicable until age 22, even for youth who are difficult to educate

Least restrictive environment Child must be educated with children without disabilities to maximum extent appropriate

Due process safeguards Educational plans and placements, discipline matters

+ Functional Behavior Assessment (FBA)

A behavioral assessment, typically done by behavior specialists or other special education staff Identifies problem behavior Identifies when and where problem behavior is likely to

occur Leads to hypotheses about why problem behavior occurs

To get something (attention, status/esteem, access something)

To avoid or escape something (certain persons/situations, difficult or unpleasant tasks)

Parents can request an FBA for their child struggling behaviorally

FBA leads to more effective intervention plans

Ask school if anyone has done an FBA to examine the function of skipping, or to develop interventions for skipping

+Discipline Under IDEA

The following link will take you to a video from the U.S. Department of Education

To open the hyperlink for videos, right click on the link and choose “Open hyperlink”

http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CVideoClips%2C15%2C

+Some youth may have a disability, but not receive special education services under IDEA

No one initiates evaluation for special education https://www.disabilityrightstx.org/files/Education_Resource_New_Timeline_for_

Special_Ed_Process_Aug_2013.pdf

Student may be showing signs of disability and no one has related the problem behaviors to a possible disability yet

Parents refuse services

Student does not meet eligibility criteria May not have “educational need” Learning disability: May not meet discrepancy formula Emotional disturbance: May be considered “socially maladjusted”

School/district may be using Response to Intervention (RtI), and student may not yet have completed all RtI processes

+How will you know if youth has a disability and is receiving special education or Section 504 services? Youth will have an IEP

Youth and/or parents or guardians will receive notifications/invitations to “ARD meetings” (Admission, Review, Dismissal)

Youth will mention services or supports such as: Focus / Darts / Inclusion Resource / Content Mastery Case Manager / Folder Teacher

Parents may give clues, such as “she has a 504 plan” or “he gets special help for math”

+How will you know if youth has a disability and is receiving special education or Section 504 services?

Ask parents, guardians, or youth: “Has the school ever asked you to attend

and ARD or 504 meeting or an RTI staffing?”

“Has the school ever asked you for permission to conduct a special education evaluation for your child?”

“Do you have a case manager at school?” “Do you go to a room for special help with

your schoolwork?

+Why Youth With Disabilities May Have Truancy Problems

+ Why do youth with disabilities have truancy problems?

They leave school to avoid one or more specific classes, or peers and adults in those classes

They miss school because of general academic failure

They miss school because of fear of bullying from other students

They miss school because of family problems

They perceive that the teachers do not like them, that they are not there to help them, that no matter what they do, it won’t get any better, so why even come to school?

They may be avoiding social situations that they do not have the skills to handle (crowded hallways, cafeterias, etc.)

They miss school because of transportation issues or medical issues

+Truancy and Learning Disabilities

The following link will take you to an infographic on Disabilities and Missed School Days from the Chicago Tribune.

To open the hyperlink, right click on the link and choose “Open hyperlink”

http://media.apps.chicagotribune.com/truancy/disability_graphic.html

+Bullying and Learning Disabilities-Affects truancy?

The following link will take you to an article from GreatSchools

To open the hyperlink, right click on the link and choose “Open hyperlink”

http://www.greatschools.org/gk/articles/understanding-bullying-and-its-impact-on-kids-with-learning-disabilities-or-ad-hd/

+

Characteristics Of Disabilities

in Youth Who May Appear in Your Court, And How Those Characteristics May Affect the Youth’s Behavior

+Which disabilities might you see?

Autism

Emotional Disturbance

Intellectual Disability (usually IQ less than 70 + functional

deficits)

Learning Disabilities

Other Health Impaired (ADHD)

Traumatic Brain Injury

+General social/emotional/behavioral characteristics of persons with disabilities Obvious

Behavior that is inappropriate for the circumstances Poor decision-making Poor judgment Repeatedly making similar mistakes Poor social skills Unusual behaviors Ill-kempt appearance Weak language skills (vocabulary, short sentences, “fillers”)

Subtle Impaired language (expressive and receptive) Concrete, literal thinking Emotional immaturity Emotional libility Poor self-control

+ Autism You probably wouldn’t see youth with classic (low-

functioning) autism

You may see youth with Asperger’s Syndrome (high-functioning autism)

Characteristics: Atypical voice pitch, tone, or volume Poor social skills Obsessive, narrow interests Difficulty with interpersonal interactions (eye contact,

physical touching) Concrete, literal thinking Poor emotional control

In dealing with these youth, understand that: This is a life-long disability affecting all aspects of life Refusal to comply may not be defiance

+ Learning Disability Difficult to detect through casual interaction

Characteristics: Variation in academic performance across classes Language Difficulties, both receptive and

expressive Behavioral Issues, caused by academic difficulties

In dealing with these youth, understand that: Behavioral problems may be a result of repeated

failure and school frustration Behavioral problems may be a result of not fully

understanding expectations due to language processing issues

+ Emotional Disturbance Characteristics:

Tend to be immature Poor self-control Academic failure, significant academic skill deficits May have chaotic family/home situation (or not!) Weak language skills that may not be immediately

apparent Most have average IQ, but may have low IQ, severe

learning disabilities, or gaps in learning due to ongoing behavior issues

In dealing with these youth, understand that: Need definitive plan of court expectations Unlikely to possess a repertoire of acceptable

behaviors All adults need to maintain consistency in oversight

+ Other Health Impaired (ADHD) Characteristics:

Can be easily distracted, impulsive, or both Often accompanied by other disorders (ED, LD) Poor organizational skills Trouble planning and executing tasks

In dealing with these youth, understand that: May have difficulty attending to and/or remembering

directions and expectations May be necessary to provide organizational supports

+ Intellectual Disability Characteristics:

Below average IQ Difficulty with working memory Often learn at a slower rate Attention deficits that impact ability to acquire, remember, and

generalize new knowledge May have difficulty with functional life skills (e.g., dressing,

hygiene) Social skill deficits

In dealing with these youth, understand that: Apparent lack of motivation could be due to repeated failure in

the past Awkward interactions/inability to communicate appropriately

could be due to social skill deficits Cognitive deficits will significantly impair a youths ability to fully

comprehend how their interactions with you will affect outcomes

+ Traumatic Brain Injury Characteristics:

May experience physical and sensory changes (uncoordinated, muscle spasms)

May experience cognitive impairments (short & long-term memory deficits, language problems, difficulty attending)

May experience social. emotional, and behavioral changes (mood swings, self-centeredness, lack of motivation)

In dealing with these youth, understand that: Recovery from TBI is long and unpredictable Many youth with TBI require comprehensive academic,

psychological, and family counseling Behavior problems can be a result of cognitive

impairments related to the TBI Youth with TBI will benefit from simple, clear instructions;

visual aides might be helpful

+ Approaches Not Effective For Youth With Significant Learning/Behavioral Disabilities

+ These strategies may not change the youth’s behavior

Standard “package” for all truant youth: No missed school Pass all classes Large fines for child/family

Ordering youth in special education to withdraw from school and enroll in GED program without considering: FAPE until age 22 Whether student with disability can pass the GED

Punitive strategies that actually reinforce avoidant behavior Detention for multiple days because student skipped

class Sending student to DAEP or JJAEP

+ Ineffective strategies, continued

Use of law enforcement in response to a student with disability’s behavioral problem

Encouraging school personnel to contact the court (or PO) anytime the student has a “bad day” at school May encourage schools to cease using behavior

strategies and begin to rely on allowing the courts to take care of school problems

+Strategies To Improve Outcomes For Youth With Disabilities

+ Explain terminology, procedures, implications of court actions

Explain terminology Plea bargain Guilty plea Deferred adjudication

Explain child’s rights in concrete terms

Use language appropriate for young child Simple words Short sentences Concrete explanations and examples

Check for understanding from child and/or parents Ask open-ended questions: “What will happen if….”; “Tell me

what this means…”

+ Refer to County Community Resource Coordination Group (CRCG)

Interagency support planning

Can provide comprehensive services to youth and family

Every Texas county is represented http://www.hhsc.state.tx.us/crcg/crcg.htm

+Educate parents about requesting special education or Section 504 evaluation

https://www.disabilityrightstx.org/files/Education_Resource_New_Timeline_for_Special_Ed_Process_Aug_2013.pdf

+Suggest parents ask school personnel

to implement an accommodationfor communicating excused absencesWHY?

Students with disabilities often fail to turn in notes for valid, excused absences

Attendance clerks don’t know which students may have disabilities

EXAMPLES:

Allow parent / guardian to email the ‘excused absence’

Allow parent / guardian call in the ‘excused absence’

Accept excused absences after the deadline (i.e., 24 hours)

+ Summary Disabilities may be present, but not obvious

School personnel sometimes don’t know effective strategies for youth with highly challenging behaviors (“tough kids”)

These youth typically respond well to: high levels of structure and support clear expectations positive feedback about what they are doing

correctly consistency

But individualization is important

YOU may be the last hope for a child!

+Thank you for completing the IDEA & Understanding Child Disabilities Module

Please visit the webpage www.tjctc.org/idea and complete the certification form.

You may either email the form to [email protected] or mail it to:

Texas Justice Court Training Center 1701 Directors Blvd. Suite 530 Austin, TX 78744