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Special Education Tip – No Good Deed Goes Unpunished – 45-2017

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Rochelle’s Special Education Tips

No Good Deed Goes Unpunished

School staff oftentimes find themselves in a quandary when they overlook student misbehaviors as the misbehaviors are the result of the disability. Eventually, there comes a time when it becomes evident that no matter how many supports are put in place, the placement is inappropriate and a more restrictive setting, perhaps a regional setting, is more appropriate to meet a student’s unique circumstances. But when this issue arises at the IEP team meeting, you are asked for the data. Sometimes you do not have the data because you were trying to overlook the behaviors. Lesson: Keep the data. Likewise, a parent may say that all she hears is the negative and asks you to start reporting on the positive. So you start to report the positive without reporting the negative. Then when you say you cannot meet the student’s needs, you are met with opposition. Lesson: Keep the data and do not create a misleading picture.

Rochelle’s Special Education Tips (“Tips”) are designed to be helpful and thought provoking, but should not be considered legal advice as they may not be accurate for use in all situations. Tips are based on my opinions and positions in accordance with federal and Maryland law and my over 35 years of experience in the special education legal field. – Rochelle S. Eisenberg, Esquire
Copyright © 2017 Pessin Katz Law, P.A. All rights reserved.
Tips may be reproduced for distribution within the educational institution, the individual school or school system and is for use by their staff. Additional distribution must be approved by author.
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