Circle Time

House Bill 6-What it is...and is NOT!!

I'm currently beyond annoyed by teachers and administrators using Texas HB-6 as an excuse to remove students with disabilities from class. Again, before anyone jumps me, I am NOT saying that student behavior should interfere with the learning of others. All students, including those with and without disabilities, are entitled to a Free Appropriate Public Education.

WHAT I AM saying is that State law does NOT supersede FEDERAL I.D.E.A. LAW!!!

Let me back up...In case you were unaware, Texas passed a legislative bill this year making it easier for teachers to remove students exhibiting behavior that impedes the learning of others from the classroom:
Here is a link to a very informative documents that TEA has put out for parents:
https://tea.texas.gov/academics/special-student-populations/special-education/overview-school-discipline-parents.pdf

Here is the basic premise of the new law as defined in this document:

Under Texas law, a teacher has broad authority to remove a student from their classroom, which can carry significant consequences to a student. A teacher can remove a student from class who:

◆ Repeatedly disrupts teaching and learning;
◆ Acts in a way that is unruly, disruptive, or abusive to others; or
◆ Engages in bullying behavior.

Teachers have the legal authority to remove a student from class if a student does any of the above even if it only occurs once.* You will be notified if a teacher removes your child from class for one of these reasons.

HERE's the RUB, some teachers and Administrators are only reading PART of the law. They seem to be missing the part where they are required to use positive behavior support interventions for ALL students (even those without an IEP) that can reasonably be expected to improve the student's behavior.
https://capitol.texas.gov/tlodocs/89R/analysis/html/HB00006H.htm

What about students with a 504 or IEP?

Students with disabilities can typically be removed from class if they misbehave under the same rules as students without disabilities. However, when a student is removed from their typical classroom and doesn’t receive their required services for a certain number of days, the student’s Section 504 committee
or admission, review, and dismissal (ARD) committee must review whether the misconduct was caused by the student’s disability or the school’s failure to follow the student’s plan or program.

So CAN they be removed? Yes.

However, if the school removes a student with a disability without following their 504 or IEP plan, the school district is denying that student a Free Appropriate Public Education.

Here is a Flowchart provided by TEA for students with IEPs or 504 plans:
https://spedsupport.tea.texas.gov/sites/default/files/2023-10/discipline-flowchart-students-identified-suspected-disability-under-idea_1.pdf

Here is some legal jargon you can use if you feel like your school is abusing the HB 6 policies:

Under Texas House Bill 6 (89th Legislature, amending Texas Education Code §§ 37.002 and 37.115):

A student who receives special education services may not have their placement changed without ARD committee involvement.
If a threat assessment or removal involves a student with a disability, the team must include a member knowledgeable about the student’s disability and how it manifests.

Discipline decisions must align with existing state and federal protections for students receiving special education services.

Additionally, TEA guidance on HB 6 implementation makes clear that federal special education requirements remain fully in effect, including manifestation determination procedures and continued provision of services during disciplinary removals.

Most importantly, under IDEA (20 U.S.C. § 1415(k)):
A school must conduct a Manifestation Determination Review (MDR) if disciplinary removal constitutes a change of placement (generally more than 10 cumulative school days or a pattern of removals).

A student must continue to receive Free Appropriate Public Education (FAPE) even during disciplinary removals.
If behavior is a manifestation of the student’s disability, the ARD committee must:

*Conduct or review a Functional Behavioral Assessment (FBA), and
*Implement or modify a Behavior Intervention Plan (BIP).

Further, under 34 C.F.R. § 300.323(c), the district is required to ensure that the IEP is implemented with consistency and fidelity, including all behavioral supports, accommodations, and modifications. Removals that occur due to behaviors addressed within the IEP must be evaluated in light of whether the IEP and BIP were implemented as written.

Therefore, before any removal of a student with a disability from the classroom:

1. All IEP accommodations and behavioral supports must be implemented with fidelity.

2. Staff responsible for implementation must be informed of their specific obligations under the child's IEP.

3. Any removal must be documented and tracked to determine whether cumulative days approach a change of placement threshold.

4. If behavior is recurring, the ARD committee should convene to review supports, not rely solely on removal.

Okay, now that we've got the legal stuff out of the way.... how do we protect our kids????

Step ONE:
Have SPECIFIC and well written accommodations tailored to your child's specific needs.

For example:

Instead of:
“Student will be allowed breaks.”

Write:
“Student may request up to 2 five-minute regulation breaks per class period using a nonverbal cue. Breaks may be taken in the designated calm area and will not result in loss of instructional access.”

Instead of:
“Positive behavior supports .”

Write:
“Teacher will provide pre-correction of behavioral expectations using the student's specific reinforcement visuals prior to task demands and will give at least 3 instances of specific positive feedback per instructional block.”

The more specific...the better! Write out exactly how many opportunities your child should have to correct their behavior. What do their specific visuals look like? How long will breaks be? If your accommodations are specific, there should be no question as to what procedures should be taking place prior to your child being removed from the classroom.

STEP 2: Document, Document, Document! Get everything in writing. Request teacher data that shows what strategies were used prior to removal. Then get documentation of what they intend to do as positive behavior supports to help change the behavior.

Make sure documentation has:
The Date of the incident
The Duration of the time away from instruction
The Description of the incident including antecedents leading up to removal

If they don't include which IEP/504 accommodations they used to try to deescalate or prevent behavior, they are denying your child FAPE.

STEP 3: Try to work with the school and see how you can help. Call an ARD to discuss new strategies. Suggest a new Functional Behavior Assessment. Make Changes to the Behavior Intervention Plan or accommodations and goals.

STEP 4: If they are denying your child FAPE and refuse to work with you to improve the situation- File a TEA Complaint.
https://tea.texas.gov/academics/special-student-populations/special-education/dispute-resolution/special-education-complaints-process

I hope you find this blog helpful. Please reach out to me Melinda Taylor, LLC if you would like help creating specific accommodations, strategies, and goals that will help improve your child's behavior and protect your child from being removed from the classroom without the proper supports.

FAPE and Advocating for your Child

I have sat at the ARD (IEP Meeting) table as a parent, a teacher, and as an advocate. I have had to advocate for my personal child when his 504 was not being followed. I have created a classroom of fun and learning for my students while creating bonds with all their parents to promote collaboration and communication. More recently, I have helped parents understand all that is said at these intimidating meetings to help them find out-of-the-box solutions, collaborate with schools, and make sure student IEPs are being followed with fidelity and consistency.

I feel I have a unique perspective when it comes to the ARD process. I am currently writing a book about communication for both parents and educators to help bridge the gap and help avoid misunderstandings. I think so many disagreements could be solved by better communication between both sides. I have noticed a trend lately that there seems to be a misunderstanding among both parents and schools as to what a "Free Appropriate Public Education" is......and what it is not. This can lead to disputes, arguments and confusion when advocating for your child. Let's take a second to break it down:

✅ What FAPE IS

FAPE (Free Appropriate Public Education) means a school district must provide:

1. Free: Provided at no cost to parents including instruction and required related services (speech, OT, counseling, transportation, etc.)

2. Appropriate:
-Individually designed to meet the child’s unique disability-related needs
-Based on evaluations, not convenience or budget
-Must enable the student to make meaningful educational progress
(not just minimal or trivial progress)

3. Public:
-Provided by the public school system
-Can include special education, general education with supports, or a combination

4. IEP-Driven
-Delivered through a legally compliant IEP that includes: Measurable annual goals, Services and supports, Accommodations/modifications, Placement and LRE considerations

5. Progress-Focused:
Must allow the student to:
-Access the general curriculum or
-Receive an appropriate alternate curriculum
-Progress is measured and monitored

6. In the Least Restrictive Environment (LRE)
-Educated with nondisabled peers to the maximum extent appropriate
-Removal from general education happens only when necessary

🚫 What FAPE IS NOT

This is where misunderstandings (and disputes) happen.

❌ FAPE is NOT:
❌ The best possible education
❌ Everything a parent requests
❌ Guaranteed A’s, passing grades, or success
❌ Based on what is “easier” or “cheaper” for the district
❌ A specific program, methodology, or teacher preference
❌ Automatically denied just because a student is passing classes
❌ Optional if the student has behavior challenges
❌ Satisfied by accommodations alone if services are needed
❌ The same as “doing okay” or “making some progress” if that progress is not appropriate for the child

For parents, I think the hardest part to understand is that the school does not have to provide "the best education possible." Let's face it.... nobody is getting that. Not even general education students without IEPs. Now, that is not to say that schools and teachers should not try their best to use the resources available to them to do what is right for children. In my experience, not too many educators are in the business of trying to see how badly they can watch students struggle and fail. Most teachers want the best for their students. However, "best" means using the resources they have with consistency and fidelity to ensure appropriate progress for all kids. Parents cannot expect that the district will provide a specific curriculum or program for their child alone. You can certainly ask what services available and detailed answers for how they are serving and meeting your child's unique needs. But you can't go to a school and say, "I read about this XYZ program online. I'd like to see if it works for my kid. You need to buy this program and implement it." The school is not required to agree with you. It never hurts to ask or share ideas, but you can't go in expecting that they will do everything you want. Schools have to be data driven and research based. If the data shows your child is making appropriate progress with interventions provided, the school district is meeting the burden of FAPE. That being said, if you have something that is proven to work at home, by all means share that with your child's teachers! Most teachers are more than willing to try something new to see students succeed.

****Parents- By all means petition your school board when you want to effect change- if your district is lacking in the continuum of services, get parents together and fight for change! *****

For schools, one of the biggest problems I have seen recently is student behavior being used as an excuse to place an otherwise capable child in an alternate curriculum setting. I can't stress this enough..... BEHAVIOR DOES NOT MEAN A CHILD SHOULD NOT HAVE ACCESS TO GEN ED CURRICULUM!!! Now, I wrote a blog about this previously. (Go check it out!) I am not saying that students with behavior issues should be allowed to impede the learning of their general education peers... far from it. I am merely saying that districts and schools need to do a better job of getting ahead of student behavior on the antecedent side and provide a continuum of services that allows acting-out-students access to the correct curriculum to meet their needs.

So, let's talk about advocating. Many parents hire advocates hoping that this "expert" will help them "get their way." Sadly, some advocates are happy to tell you what you want to hear and keep taking your money for a fight that is not truly a denial of FAPE under the law for your child. Here's how I see it:

A good advocate will:
1. Help you understand all the paperwork and what is said at your child's ARD answering any questions you may have.

2. Provide suggestions and solutions to help you collaborate with the school using resources currently provided by the district.

3.Create visuals and materials that could help your child be more successful in the school environment.

4. Think "outside the box" and find creative ways to get your child services/accommodations/modifications that are reasonable and within a school's power.

5. Help you rewrite goals and accommodations to better meet your child's needs.

6. Make sure the school is following your child's IEP with consistency and fidelity to make sure all elements of FAPE are being provided. Then help you fight when FAPE is not provided.

7. Listen to your concerns and help you understand what is and what is not feasible.

8. Help direct you to other resources when they don't know an answer, conduct research on your behalf, or direct you to someone to provide a service that is outside their scope of expertise. Most advocates are not legal help.... unless they have been to law school and passed the BAR exam. A good advocate will know when they need to refer you to someone else.

9. A good advocate is truly on your side...and that means telling you the truth as they see it based on their experience.....not just what you want to hear.

Being a parent of a child that learns differently is hard. You don't know....what you don't know. You rely on educators, doctors, therapists, and experts to help you learn how to do what is best for your child to help make them productive members of society. It can be isolating. Being an educator can feel similar. You want to do all the "right" things for your students, but you are limited by district policies, lack of true time, and not enough physical and mental support. This is why my model is one of collaboration first. Everyone wants the same thing-a child to be successful, but it's hard to know how to navigate all the red tape to get to the heart of the matter. Communication and collaboration are the keys to success when it comes to FAPE and making sure a child is getting all they need.
Melinda Taylor, LLC

There's a Hole in the Bucket

Do you remember that old song about Henry, Liza, and a bucket? Just in case you've never heard it, Henry wants to go get some water from a well but discovers there's a hole in his bucket. Unable to figure out how to solve his problem he goes to his wife, Liza, for help.  What ensues is a comical experience in which Liza walks Henry through every single step of fixing a bucket, slowly losing patience with each question Henry asks. I have linked my favorite Sesame Street version of this song for your entertainment

I think sometimes as a special ed teacher and advocate I feel a lot like Liza. Behavior problems, and solutions for those behavior problems just come to me naturally. I can instantly see what needs to be done to help a student manage their behavior and become more successful. And I find myself getting frustrated with teachers that need to be walked through it step-by-step.  "I mean, it's not rocket science.... just use the visual I designed. "

But then, I think, on that same hand maybe this is the way the teachers are feeling about their students acting out. They feel like they are giving the student strategies, but the students just can't get it.

Additionally, the students may feel like Liza as well. Their frustrations build when they feel like they've expressed an emotion and nobody understands them.

Bottom line, nobody is necessarily always Henry, or always Liza. Everyone has those moments when they truly feel like they are doing their best, but the person you are with just doesn't get it. So how do we solve that problem?

The answer is in better communication and trying to look at things from the other person's perspective. If you are the advocate or special education teacher, trying to get a general education teacher to use the visuals you've designed, take some time to really explain the differences you see in the child when visuals  are used consistently. Take some time to let them know that if they would really truly commit to the visual, they would find that they actually have more time in their class for teaching because they are spending less time dealing with disruptive behaviors . Really set aside some time to fully train your teachers on how to effectively use their visuals and communicate with students so that they don't end up in a power struggle.

If you are a teacher, struggling with student behavior, take time to listen to that student. Show that student empathy. Try to repeat back the emotions the student is feeling. If the work is truly challenging for that student, help  build their self-confidence by chunking it into smaller steps .... that might save you a world of pain. Ask the student questions such as, "Why do you think it's OK to not do your work if everyone else needs to do it? Do you feel the work is too hard? How can we make that easier?" Involve your students in a collaborative model so that everyone is working together to achieve a goal.

Sometimes, you may just need to take a step back. Take time to reflect on what things you can change and you can control in the situation. The only things you can change are your actions, your attitude, and your effort. You cannot automatically change those things for other people. Ultimately, Henry is just looking for help. The more effective the communication, the better the help will be. The goal is that we hope Henry can start to use strategies he learns to solve problems himself.

Approach things with a collaborative model, or you're gonna end up like Liza and Henry with a lingering hole in the bucket at the end of your song. 

Classic Sesame Street - Song: "There's a Hole in the Bucket" From Season 7 (1975-1976). This was among my first Sesame Street memories from the mid 70's. Starring Jim Henson as Henry and Rita Moreno as Liza. (Feel free...

Behavior Does NOT Equal Alternate Curriculum

I'm noticing a disturbing trend in education, particularly at the elementary level, where kiddos on the spectrum (or with similar sensory and behavior needs) WITHOUT intellectual disabilities are being placed in Alternate Curriculum classrooms. These are your verbal/AAC device/signing kiddos with average (or higher) learning abilities that also exhibit moderate to severe disruptive behaviors in the classroom.

Before I get too far........

I am NOT saying that children with severe disruptive behaviors have the right to disrupt the learning of their peers without disabilities. Students without disabilities also have the right to a Free Appropriate Public Education. Everyone has the right to feel safe and learn at school.

Back to my concerns....

The "evidence" that school professionals tend to cite for these kids is that they will learn better in a "smaller group setting." This is true...... ONLY IF that small group setting is still teaching the general education curriculum. Some districts do have these programs and, if you do, I applaud you! Teaching kiddos the skills they need to cope with their behavior and sensory needs while maintaining academic rigor to make sure they keep up with their same age peers is definitely best practice. The goal in most of the programs I have seen is that the students gradually increase time in the large group setting. I have no issue with these programs.

Now what if your district doesn't offer this? What if your only choices are General Education with Supports and Modifications, Resource (push-in or pull-out), or Alternate Curriculum.....or some combination of the above? What happens then?

Here is what I see happening in a lot of schools:

Bobby is an elementary age student of average intelligence capable of learning the same curriculum as his same age peers. However, Bobby struggles with his behavior, and it impedes both his learning and the learning of his classmates. Accommodations, visuals, and modifications are put in place as well as some in class support. Two weeks go by and unfortunately, Bobby's accommodations and visuals aren't used with consistency and fidelity. Bobby continues to act out. At another ARD, after only 2 weeks of poorly implemented intervention, Bobby is additionally given 30 minutes of pull-out support in a small group resource setting. Another two weeks of basically the same level of intervention, and Bobby still is making little to no progress in his behavior. Another ARD is called. Bobby's parents are told how "GREAT the Alternate Curriculum teacher is with behavior interventions." They also promote "How amazing it will be if he is in a small group setting." Bobby's parents agree with this thinking. I mean, who wouldn't? Small group setting, great behavior intervention? Sign me up! Bobby gets placed in the Alternate curriculum classroom and almost immediately his behavior improves. The school feels justified because, "Look how good it is working! His behavior is so much better!" Bobby remains in the small group setting most of the day and gradually increases his time back in general education but starts to fall behind academically. Bobby is never able to get out of the Alternate Curriculum class completely because now his academics are too far behind.

So, what happened?

1. Bobby's initial interventions were not used consistently with fidelity. Many teachers feel like it takes "so much extra time" to use visuals and accommodations to prevent problem behavior. They don't stop to think, how much MORE time it takes when you don't use antecedent interventions and then have to deal with an acting out student.

2. The intervention was only trialed for 10 days. Even with proper implementation, you need more than 10 days to see real change.

3. Continuum of services was not followed. Rather than increase in-class or pull-out support, the school went straight to Alternate Curriculum- a more restrictive setting. Why not try 90 minutes of pull-out support to a Resource setting? Why not try Resource for academics and Alternate Curriculum for behavior and social skills only? Hybrids are possible too!

What happened in the Alternate Curriculum Class? Why didn't he make academic progress?

1. I'm sure he did, but an alternate curriculum teacher teaches prerequisite skills. Asking them to maintain the academic rigor of a general education program is not the goal of this class. He may have made some progress, but there is no way the Alternate Curriculum teacher can deliver the full lesson plans given in general education. He continued to make progress, but not at the same pace as his peers without disabilities.

2. If the Alternate Curriculum teacher is being asked to maintain the academic rigor of general education curriculum for students with behavioral difficulties, then the students that truly NEED an alternate curriculum are then not able to be served as effectively. How can we ask 1 teacher (and 2 IAs) with students aged kindergarten through 5th grade to teach both alternate and general education curriculum and maintain academic rigor for all? You might as well go catch that magic unicorn and buy the winning lottery ticket. And we wonder why the burnout rate, even for amazing teachers, is so high in self-contained settings?

3. I don't think most administrators at the elementary level truly think about what an alternate curriculum means. Once a child is on an alternate curriculum, they are NO LONGER on the path to a high school diploma. Rather they are given a certificate of completion at graduation. This is the correct path for students with intellectual disabilities that are unable to make progress in the general education setting. It is not inherently a bad path. For some students this is 100% correct. But for those that can handle the general education curriculum....it isn't right. Why should a student be penalized for their entire educational career because they had behavioral issues in elementary school that they will (hopefully, with intervention) not have by the time they are in middle or high school?

So, what is the solution?

1. If your district is not going to add more resources, find ways to use all that you can. Weekly counselor visits for social skills. Increase pull-out minutes to a resource setting. Try hybrid models between different educational settings so that students don't fall behind academically! Give better trainings on how to use visuals and behavior interventions with consistency and fidelity. Give interventions enough time to work! Partner with parents at home to create reinforcement systems and get everyone on the same page.

2. Co-teach! Co-Teach! Co-teach! Parents, fight for this at the elementary level!!!!!!!! Most districts offer co-teach at the middle and high school level, but not at elementary. In a co-teach classroom a Special Education and General Education teach all the students in the class. Sometimes districts even have an IA available in these rooms. With co-teach accommodations and visuals are more likely to be used with fidelity and consistency, and behavioral issues are likely to decrease. All students benefit from the knowledge of both teachers meaning gifted, average, and special education students all thrive. If schools would provide just one co-teach classroom at every grade level, we would have fewer behavioral problems in our elementary schools.

3. If Co-teach isn't going to happen, fight your district to provide a program that teaches behavior and social skills while still maintaining the general education curriculum. Make them give that extra level in the continuum of services. If another program is implemented, Alternate Curriculum classes will be less crowded, and your Resource teachers will be happier.

Bottom line- Alternate Curriculum is just that.....ALTERNATE. It is a specialized curriculum teaching prerequisite skills to students that are unable to make academic progress in the general education setting even with accommodations and modifications. It is not a class for kids that "could make progress if behavior didn't impede their learning or that of others."

Elementary Administrators- Make sure you are setting your students up for success not just "right now," but for their adult life.

Parents- Make sure the continuum of services is being followed and that all accommodations are implemented with fidelity. Work in partnership with the school to create a reinforcement program between home and school. Make sure you know all your options before selecting an alternate curriculum if your child does not have an intellectual disability.

The Give-Forward Model

At my core, I have a servant's heart, not the heart of a hard-core businesswoman. I tried to sell Mary Kay once in 2004.... THAT was a disaster. After I realized I hated selling.... anything, I had this huge inventory. I think I finally threw the last of it away 2 years ago. Didn't get myself a Pink Cadillac either.

I think most teachers of my generation fall into a "servant" category. We give of our spare time to improve the lives of our students... usually to our own detriment. When I left the classroom in May and decided to reopen my advocacy business, I encountered many people that needed help but were struggling financially. I tried to price myself in a way that made it easier for people to hire an advocate. You shouldn't have to forego your rent payment or groceries because you need help for your child.

Even with pricing myself below other advocates, I would find myself devaluing my services because "money isn't my goal." I helped people for free and at discounted rates. The smiles, sincere gratitude, and hugs I got from relieved parents were enough for me. Truthfully....they still are, but that's not a great business model. With my ability to think outside the box, I'm one heck of a special education teacher and a pretty good advocate, if I do say so myself. I shouldn't undermine what I bring to the ARD table.

There must be a way to run a business and still help people in need! I looked into starting a non-profit. I did a lot of research and ultimately decided that a not-for-profit model would take up more of my time than I currently have due to family obligations. Bottom line.... it wasn't going to be sustainable. So.....back to the drawing board.

On Monday, I headed to Santa Fe for a business retreat with my husband. My goal for this week was to find the answer to my problem. How can I move forward, staying affordable, helping people in need, but also valuing my time and knowledge appropriately? I was sitting in the airport downloading books to read this week about business, entrepreneurship, non-profits...and I can across the term "social entrepreneurship." In this model, your business fills a need you see in your community. A business model that allows you to give back! A good example is TOMs shoes: every pair you buy, gets a pair of shoes to someone in need. OMG! THIS is the answer!

I started reading more, researching sliding scales, and how to use paid services to help those in need. I finally have a plan I believe in to move forward! I removed services that weren't being utilized to focus on advocacy, presenting, and creating content. I increased my prices to still come in at an affordable rate, while also supplementing my ability to help those with financial difficulties. Now every time a client pays me full price for a service...a portion of that fee will be set aside to offset my discounted services. There are definitely parts of this that are a work in progress. It's hard to narrow it down when your mind is flooded with ideas! However, I think I've found a new way forward that merges my servant's heart and upholds my dignity as a businesswoman.