As a Board-Certified Education Advocate, I often work with parents who are understandably frustrated after attending numerous meetings with their child's school that seem to go nowhere. All parents want for their child is to receive the appropriate supports and services to succeed, yet far too often schools provide misleading or false information to avoid responsibility.
A recent case that came across my desk is a perfect example. The parent had been asking for months why their child's Functional Behavior Assessment (FBA) and Behavior Intervention Plan (BIP) were not being completed by a Board-Certified Behavior Analyst (BCBA) as experts recommend. It was a complex case with co-morbid disabilities and diagnoses and a lack of response to previous lower-level interventions.
In response, the director of behavioral support made factually incorrect statements that grossly misled the parent:
4.The school asserted a BCBA cannot do the FBA due to "ethical" concerns about oversight.
5.The school stated they would have staff "complete the FBA" and "manage and oversee the BIP."
As an advocate, I understand why each statement inaccurately portrayed legal and professional responsibilities. What is even more outrageous is that this school district has used BCBAs for FBAs many times in the past. This. is what is known as non school board approved policy changes for administrative convenience due to lack of personnel and funding.This approach is used without regard to its impact on a given student.
Without specialized knowledge, parents cannot recognize when they are being misled. Districts must provide qualified personnel and appropriate services per IDEA, not side-steping obligations through misleading claims. Advocacy is essential to ensure children receive guaranteed and appropriate supports..
School districts have an obligation to provide FAPE, not dodge responsibilities with falsehoods. All parents want is for their children to get the supports they deserve. I hope this example sheds light on why educational advocacy is so critical for families of children with special needs.
Without an advocate's knowledge of children's rights and the professional roles of IEP Team members parents can not access FAPE.
We all know what will happen now. An evidence suppressing settlement agreement concealing health or safety hazards, education neglect, and IEP non compliance making IDEA unenforceable. It is hard enough to have a child with a disability but to have the agency (the school) responsible for supporting their education create additional barriers is deplorable and discouraging.
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AUTHORS
Marie Lewis is an author, consultant, and national speaker on best practices in education advocacy. She is a parent of 3 children and a Disability Case Manager, Board Certified Education Advocate, and Behavior Specialist Consultant. She has assisted in the development of thousands of IEPs nationally and consults on developing appropriately individualized IEPs that are outcome-based vs legally sufficient. She brings a great depth of expertise, practical experience, and compassion to her work as well as expert insight, vision, and systemic thinking. She is passionate and funny and she always inspires and informs.
MJ Gore has an MEd in counseling and a degree in elementary education and natural sciences. She worked as a life-skills and learning support teacher She has been honored with the Presidential Volunteer Service Award. She is the Director and on the faculty at the National Special Education Advocacy Institute. Her passion is social justice, especially in the area of education. She is a Board Certified Education Advocate who teaches professional advocates, educators, and clinicians the best practices in education advocacy.]
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