Alternative Facts, Intentional Ignorance, or Misrepresentation

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:

1. The school asked for Abilfy dosage and frequency to be added to the FBA.

•  Medications are often prescribed to individuals with autism for the purposes of ameliorating symptoms and managing behavior. Behavior analysts must understand the reasons why certain medications are prescribed, as well as be able to identify and document side effects.
•  The school is refusing to use a BCBA but the role of a behavior analyst in medication management is to provide data on the effects of behavioral treatments on a child's skill acquisition and/or behavior changes prior to vs after the introduction of medication. 
• Teachers and aides are neither trained or qualified to do this.

2. The school claimed BCBAs "only provide training and consultation" and their role is limited by IDEA. 

• IDEA requires schools to have qualified professionals conduct evaluations. A BCBA has specific training and expertise in FBAs that others do not have.
•  A BCBA has the expertise to Assess their clients' skills and preferences, evaluates environmental variables that contribute to challenging behaviors, develops treatment goals, and creates treatment plans to achieve those goals.
•  A BCBA develops the treatment plan with heavy collaboration with the child, school and the family. The BCBA then trains a behavioral therapist or technician to implement the plan.
•  School-based behavior analysts can have a profound effect on the functionality of a school. The BCBA can build the capacity of school personnel for dealing with distracting and or destructive behaviors. They also promote sustained systems change using data-informed practices to improve student outcomes and reduce the need for crisis interventions.

3. The school said BCBAs cannot participate in IEP meetings, yet IDEA mandates their involvement if BCBA services are in the IEP.

•  Behavior analysts are valuable members of students' IEP team due to their training. Behavior analysts can conduct a variety of skill assessments to help identify goals, help students communicate their preference for goals, define measurable goals, as well as collect and summarize data measuring those goals.

4.The school asserted a BCBA cannot do the FBA due to "ethical" concerns about oversight.

• This does not apply to other specialists such as school psychologists.

•          There is no valid ethical reason preventing a BCBA from conducting the FBA.

5.The school stated they would have staff "complete the FBA" and "manage and oversee the BIP."

• Uncertified personnel lack the behavioral expertise needed to fulfill these responsibilities properly. The BCBA is the only one adequately qualified.
• The BIP could be handled in a more professional manner by a paraprofessional who is a Registered Behavior Technician (RBT) who works under the supervision of a BCBA or BCaBA. At this ABA job level, the RBT is primarily responsible for direct implementation of treatment plans related to skill- acquisition and behavior reduction.

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.

PROFESSIONAL EDUCATIONAL ADVOCACY

IS CRITICAL FOR FAMILIES

TO CUT THROUGH DISHONESTY.

Without an advocate's knowledge of children's rights and the professional roles of  IEP Team members parents can not access FAPE. 

BOARD CERTIFIED EDUCATIONAL ADVOCATES

ENSURE THAT CHILDREN GET

THE APPROPRIATE GUARANTEED SUPPORTS

THEY NEED AND DESERVE. 

 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.]