(Answers at bottom of this page)*
Who are School Psychologists? *
“School psychologists are uniquely qualified members of school teams that support students’ ability to learn and teachers’ ability to teach. They apply expertise in mental health, learning, and behavior, to help children and youth succeed academically, socially, behaviorally, and emotionally. School psychologists partner with families, teachers, school administrators, and other professionals to create safe, healthy, and supportive learning environments that strengthen connections between home, school, and the community.” NASP
This website has been designed to provide school psychologists (and those with an interest in school psychology) with federal, state, legal, and professional resources to assist them in fulfilling their support functions as summarized above.
What’s New? *
June 25, 2016, Guy’s Log 2016/June. Two tuition reimbursement cases, one where the parents had not cooperated with the school system (and lost) and one where the parents had cooperated (and won.)
June 21, 2016, Guy’s Log 2016/June. “Oh, that’s just OSEP.” Another OSEP letter on dyslexia — but this time with a couple of problems.
June 11, 2016. Guy’s Log 2016/June. DL v. District of Columbia. Most recent decision in class action suit starting in 2005 seeking compliance with the IDEA 2004.
May 30, 2016. Guy’s Log 2016/May. Three new cases, one from the Second Circuit, two from the Ninth Circuit. All were won by parents. One case, Timothy O. v. Paso Robles, was lost, according to the court, because the school psychologist failed to complete a comprehensive evaluation before rendering a recommendation.
May 29, 2016. RIAS II. Added a brief PowerPoint submitted by Dr. Cecil Reynolds to the School Psychology Listserv on the RIAS II and PSW Models.
May 26, 2016. Spedlaw/Draft Regs for the ESSA. The United States Department of Education issued several documents, including draft regulations for the ESSA.
May 14, 2016. IEP/Related Services. New (brief) section on Related Services with additional links.
May 13, 2016. Guy’s Log 2016/May. M.S. v. Utah School for the Deaf and Blind, Tenth Circuit, May 10, 2016. Tenth Circuit tells District Court judge to decide on placement; criticizes application of purely mathematical formula to determine how much to pay parent attorney.
May 5, 2016. John’s Log/Comments on Reports 257 This “edition” includes reasons why psychologists should keep the WJ III, the reasons why we shouldn’t use different norms for children with different exceptionalities, among topics of relevance to practitioners assessing intelligence and achievement.
May 5, 2016. WISC IV vs. WISC 5 table by John Willis.
April 28, 2016. Exit Evaluations for Graduating Seniors for them to receive Accommodations in Post-Secondary Institutions Regulatory advice regarding schools’ responsibility to test for outside agencies/institutions.
April 27, 2016. Litigation Update, April 2016. Somberg v. Utica Schl Dist, District Court, March, 2016. Parents of autistic adult win compensatory education for student after losing ALJ decision.
April 27, 2016. Litigation Update, April, 2016. Osten v. Manhatten Schl District 114, Dist. Crt., March, 2016. School wins all points except owes addition $3100 to parents to cover cost of their evaluations.
April 27, 2016. DAS II. “Sad News” regarding Colin Elliott. Also several reviews and abstracts, ordering information, product description, additional testing tips and a checklist from Ron and John.
April 22, 2016. Sped Resources. New! Autism Alternative Interventions — Floor Time and Son-Rise. Also links cautioning parents before experimenting with new and unproven treatments from a variety of sources.
April 17, 2016. Sped Resources/Assessment: Why in standardized testing is the total score often more extreme than the sum of its parts? Brief article added on topic by John Willis
April 16, 2016. NEW PAGE. Humor. Includes previously published material on this website, adds one research paper and over 70 “new” cartoons culled from the Internet.
April 14, 2016. Sped Resources/Math Link to MFaCTS, an assessment tool; Test Info “Useful Tables for Reporting Cognitive Assessment scores” by Catherine Fiorello (Scroll to bottom). Sped Resources/Assessments. Updated Information from Joel Schneider. Link to “Documentation Guidelines for College Boards Accommodations.” Also new Sped Resources/Memory Assessments section now available.
April 12, 2016. Sped Resources/Selective Mutism. Two new resources for selective mutism, including information on a Yahoo Group.
April 11, 2016. Q and A/4.0. “What should a school do in establishing a suicide prevention program?”
April 10, 2016. IEPs and School Psychologists/OSEP Letters. OSEP Letter re IEPs to Andel, February, 2016 regarding school options when parents unexpectedly brings an attorney. (Scroll to bottom of section); also in the same section added OSEP Letter to Anonymous, March 3, 2016. Answered questions about New York regulations regarding IEPs and (also) a state requirement for a physician’s prescription for related services.
April 9, 2016. Sped Resources/Social Promotion and Retention. Expanded section with three additional references on retention.
April 8, 2016. Guy’s Log, April 2016. S.C. v. Katonah Lewisboro Central School Dist., Dist. Court, March 30, 2016. Parent wins complicated tuition reimbursement case after losing SRO decision.
April 8, 2016. Guy’s Log, April, 2016. Parent loses to school system in harassment case. Doe v. Torrington Board of Education. District Court, March 30, 2016.
April 6, 2016. Ordering information for the RIAS 2 added to the RIAS page.
March 28, 2016. Added two 2016 letters to the Test Info/IEPs/OSEP Letters page. (Scroll down to bottom of section.)
March 26, 2016. Litigation Update, B.D. v. District of Columbia, March 22, 2016, D.C. Circuit Court. Parents win more than hearing officer awarded, lose other claims. Guy’s Log/March 2016.
March 24, 2016. Revised OCR, Section 504, and ADA page, along with additional links to 504 resources.
March 17, 2016. With respect to the issue of pre-kindergarten and pre-firsts for children whom schools believe to be “developmentally unready,” under Preschool Assessments/General information a new link to NAEYC’s Position Statement and a new section on the Gesell Institute with links to their resources and assessments.
March 17, 2016. Guy’s Log 2016/March. Beauchamp v. Anaheim Sch. Dist., Ninth Circuit. Parent loses claim to almost all of her legal fees because results from a hearing were not substantially greater than were already available in a proferred settlement agreement.
March 16, 2016. Forest Grove v. T.A. Now all decisions from ALJ to Supreme Court and back again may be reviewed with added links to the two district court (Judge Mosman) decisions.
March 11, 2016. Guy’s Log 2016/March. M.C. v. Rockwell Independent School District, Mary 10, 2016, Fifth Circuit. Parents lose tuition reimbursement case because court find their behavior “unreasonable.”
March 11, 2916. Test Tools/WJIV. Inserted link to Kevin McGrew’s SlideShare presentation on comparing subtest scores on the Woodcock Johnson.
March 9, 2016. Updated Dyslexia Laws for all fifty (50) states.
March 5, 2016. John’s Log. New! Comments on Reports 256
March 4, 2016. Litigation update in Guy’s Log 2016. A.G. v Paradise Valley, Ninth Circuit. School wins damages lawsuit in part, parent wins right to sue in part. Trimble v. Perry, Supreme Court of Alabama. School system gets parent damages lawsuit for confidentiality violation dismissed.
March 3, 2016. Added two NASP documents to the Spedlaw page that outlines how ESSA connects with MTSS, essential school practices, and the broad role of school psychologists working within the scope of services described in the NASP Practice Model.
February 27, 2016. A couple of Heartland guidelines added to Specific Learning Disabilities page.
February 27, 2016. Guy’s log 2016. J.V. v. Albuquerque Public Schools, Tenth Circuit. 2016. Case where child with autism is handcuffed, Tenth Circuit affirmed District Court for the school. T.M. v. Tammany Parish, Fifth Circuit, February 2016. Fifth Circuit overturned District Court ruling awarding parent attorney fees based on ALJ invoking stay put for the child.
February 25, 2016. Specific Learning Disabilities page. New section on OSEP Letters (17 links and summaries from 2004); extended narrative with findings/recommendations from roundtable, President’s Commission, and Consensus Report prior to IDEA 2004; additional links to resources on RTI.
February 22, 2016. Spedlaw page edited, updated.
February 18, 2016. Guy’s Log, February, 2016. Summary of and Link to Miller v. Monroe School District, District Court, February 3, 2015, a special ed damages lawsuit.
February 17, 2016. Added link to WJ IV Assessment Bulletin No. 7, Why are WJ IV Cluster Scores More Extreme than the Average of their Parts? For other publications by Dr. Schneider see Assessing Psyche and his Home page.
February 15, 2016. Since 1997, OSEP has issued 44 letters referencing the interface between FERPA and IDEA Confidentiality requirements. Four representative OSEP FERPA Letters were summarized with links on the FERPA page.
February 12, 2016. New link under Sped Resources/Autism for the Autism Intervention Research Network.
February 12, 2016. New Page! “Blind Deference” answers the question, “How much deference do courts give school authorities with respect to educational policies?”
February 8, 2016. The Part C page was moved under Spedlaw/OSEP; and the Title IX and Title VI pages may be found under Spedlaw/OCR.
February 8, 2016, Spedlaw/OCR/Title VI. Expanded discussion, ten more links to OCR resolution letters or agreements regarding allegations of Title VI violations in the schools.
February 6, 2016. Deafness and Hard of Hearing page. Three resolution letters from OCR regarding 504/Title II allegations were posted.
February 6, 2016. FERPA page updated to include information on state laws, HIPAA, Medicaid, Exceptions, additional IDEA rights, and a new TOC.
February 4, 2016. Added examples of voluntary compliance resolutions with OCR over ADA/504 compliance allegations in Spedlaw/OCR, 504 and the ADA.
February 4, 2016. Completely revised and re-published Spedlaw/OCR/Title VI page with OSEP letters, OCR Compliance Resolutions (samples) with schools.
February 2, 2016. Completely revised and re-published Spedlaw/OCR/Title IX page with case-law, illustrations of over-reacting, and a new TOC.
January 26, 2016. New Page! Preschool Assessment (3 to 5). Includes links to support organizations, multi-domain and cognitive assessments, a list of age appropriate tests (with links), OSEP letters, and relevant case law.
January 26, 2016. Updated Spedlaw/OSEP/Part C of the IDEA page with new references, links, and other relevant information.
January 21, 2016. Guy’s Log/2016/January T.K. and S.K. on behalf of L.K v. New York City Department of Education. Second Circuit. Court affirms decision that refusal to discuss bullying at an IEP meeting was a violation of the parents’ rights, resulted in a loss of FAPE. Awarded tuition reimbursement and attorney fees.
January 16, 2016. New Page! Spedlaw/IEPs and School Psychs. Includes case law, annotated links to OSEP letters on IEPs since 2004, OSEP Topic Briefs and other resources, relevant 2006 FR comments and regulations, and suggestions on writing measurable social/emotional/behavioral IEP goals.
January 15, 2016. Seth B. v. New Orleans School District. Guy’s Log 2016. Parent request for $8000 reimbursement for IEE denied in part, remanded in part. (Maximum court allowed $3000, but only if district court found their IEE substantially consistent with state criteria.)
January 12, 2016. New subject headings with additional annotated links are now available in Sped Resources, including
Conduct and Oppositional Defiant Disorders
Fetal Alcohol Syndrome
Functional Behavioral Assessments
January 11, 2016. New Page! Under Test Tools, click on Vanderbilt ADHD Diagnostic Scales to view a new page on the AAP’s DSM 5 Vanderbilts. Recommended for screening and monitoring.
January 11, 2016. Find information on when consents for observations for SLD are required by clicking on Specific Learning Disabilities/Observations and Consent; and for the rules about extending timelines when evaluating for specific learning disabilities click on Specific Learning Disabilities/Extending the Timeline When Evaluating for SLD
January 10, 2016. Click on Sped Resources/Medical Information for new links to search engines checking pharmaceutical side effects that could adversely affect educational performance or cause a substantial limitation resulting from a disability.
January 9, 2016. Expanded Sped Resources/Ethics section to address Duty to Warn/Protect, Dual/Multiple Relationships, Report Keeping, and other issues facing school psychologists in public and private practice.
January 8, 2016. Added Domingo v. Kowalski to Guy’s Log 2016. Sixth Circuit found teacher’s abusive instructional strategies did not rise to a violation of their civil rights.
January 7, 2016. Added B.P. v. New York Dept. of Education, Second Circuit, 12/30/2015 in Guy’s Log 2016. School system in tuition reimbursement case not precluded from proving its placement would have provided FAPE by parents’ (unproven) allegation that a social worker had told them the school didn’t have sufficient resources to provide the promised services.
January 5, 2016. Questions re 504: There has been some disagreement in our school regarding the following: (a) If a student doesn’t qualify for 504, does that mean s/he automatically doesn’t qualify for 504?; must the committee document adverse affect in order to entitle the student; and (3) what constitutes a disability under 504. Also, who can evaluate a student for 504 eligibiity, who decides whether the student qualifies for 504 services, and what happens when the parent and school disagree? Click on 1.1 Screening/Evaluation/Identification
January 5, 2016. Added additional links under Sped Resources/Social Promotion and Retention to more recent articles and research on retention, redshirting, and Light’s Retention Scale.
January 3, 2016. Added Tables and an explanation for computing a Willis McBride Dumont Intellectual Quotient (the WMD) for the WISC V and WPPSI IV in a new page under Test Tools, the Wechsler Ten Subtest Tables. (We abbreviate it as “the WMD” since it is an Intellectual Quotient, NOT an Intelligence Quotient, to avoid confusion.)
January 2, 2016. Added several “new” cases to Other Health Impaired/ADHD.
December 30, 2015. Completely revised the Other Health Impaired page under Disability Info with updated information on ADHD and (C)APD .
December 26, 2015. Added OSEP letters on ED, OSEP Letters on Manifestation Determination Hearings, and several new cases arranged chronologically to the Emotional Disabilities page with links to the letters and decisions. Expanded discussion of SM v. ED.
December 21, 2015. Extensively revised the Emotional Disabilities page with additional links to states’ guidance and Court Cases. Along with brief analyses of the decisions, links to each decision are also provided so the reader can read and form his/her own conclusions.
December 20, 2015. Spedlaw/Every Student Succeeds Act. Added an article by the LDA of America and a letter from the United States Dept. of Education 12/18/2015.
December 17, 2015. Guy’s Log 2015/December. Added A.H. v. NY Dept of ED/District Court 2015 ABA reimbursement case. Decided for the school system.
December 17, 2015. Updated Specific Learning Disabilities/Dyslexia page with new links to state statutes, other resources.
December 13, 2015. Q and A. Added Q and A on school’s authority if a violation of the student code of conduct is not a manifestation under Discipline 3.0.
December 11, 2015. Spedlaw. Added links to the Student Success Act of 2015, which overhauled and replaced NCLB. Some of the references that directly apply to special education students are cited.
December 10, 2015. Guy’s Log 2015. J.M v. Kingston City. Parents asks SRO’s decision overturning a Hearing Officer’s decision in a tuition reimbursement case be reversed and is again denied. (School won.)
December 4, 2015. Guy’s Log 2015. Lillian B. v. Gwinnet Cty School
District, Eleventh Circuit, November 19, 2015. Eleventh Circuit tosses a district court’s summary judgment in favor of the school system, remands back for further adjudication.
November 30, 2015. John’s Log. Added Comments on Reports 255.
November 29, 2015. Added a page on Dyslexia under the Disabilities Info/Specific Learning Disabilities tab in the header.
November 28, 2015. Test Info. Statistics: Test Scores PowerPoint. Added revised PowerPoint by John Willis on the use of test scores (and how they evolved) correcting some previous errors.
November 17, 2015. Guy’s Log 2015. OSEP issues letter expressing its view that all children with disabilities should be held to high expectations at grade level, except, of course, for those for whom those standards are inappropriate.
November 13, 2015. Guy’s Log 2015. Carroll v. Lawton, Tenth Circuit, 11/10/15. Parent’s lawsuit for damages resulting from alleged teacher abuse tossed because educational issues could have been addressed through administrative remedies.
November 9, 2015. Q & A. How and by whom can IEPs be changed?
November 9, 2015. Q & A. Who has the authority to determine if a violation of a Student Code of Conduct was a manifestation of the child’s disability?
November 6, 2015. Guy’s Log 2015. Phylenne W. v. Huntsville Board of Ed. October 23, 2015. 11th Circuit. School fails to evaluate student after learning of a hearing problem and loses a tuition reimbursement lawsuit.
October 28, 2015. Q & A. Added Q & A regarding FERPA, Google Drive, and FPCO enforcement powers.
October 24, 2015. Q & A. Added a Q & A regarding the use of grade norms vs. age norms from an individually administered test of achievement.
October 23, 2015. Sped Resources. After deleting all of the broken links resulting from NASP’s reorganization of its website, added under Sped Resources a link to each of its Position Papers and FACT Sheets.
October 23, 2015. Guy’s Log 2015. O.S. v Fairfax County Board of Education, Fourth Circuit, October 15, 2015. Parents lose fight to convince Fourth Circuit that IDEA 1997 and 2004 rendered Supreme Court’s decision in 1982 Rowley case re definition of FAPE outdated and obsolete.
October 13, 2015. Q & A. Added Q & As regarding grandparents and foster parents acting as parents; and whether a parent signature on an IEP denotes agreement.
October 11, 2015. Q & A. Are Settlement Agreements requiring parents to give up their due process rights enforceable by the SEA or a court of law? Also , Is a written parent request for an initial evaluation considered informed consent mandating a review of existing data?
October 7, 2015. Q & A. Added Q and A re attorneys at IEP team meetings.
October 6, 2015. Added a new page, Q & A. Edited Questions from the NASP School Psychology Listserv with responses from one or more of the Editors will be archived here chronologically. A list of Questions will be listed in the TOC at the top.
October 4, 2015. Sped Resources/Reading. Added link to the Wilson Reading System, which is based on the Orton Gillingham research.
October 1, 2015. Added a new section under Sped Resources — Assistants One-to One. This sections includes articles, research, and guidance for determining when a one-to-one para-professional is appropriate.
September 28, 2015. John’s Log. Added Comments on Reports (9/17/2015) Number 254.
September 25, 2015. Guy’s Log 2015. G.L v. Ligonier Valley, September 22, 2015. Does the IDEIA limit compensatory education to injuries occurring two years before the filing of the complaint, even if earlier injuries are claimed within two years of their reasonable discovery?
September 15, 2015. Sped Resources/Blind and Visually Impaired. Added a link to Accredited Schools online.
September 15, 2015. Sped Resources. Added a new section of links to Sample Parent Letters, professionally crafted to help parents assert their children’s rights.
September 13, 2015. Guy’s Log 2015. Added two new cases. Munroe v. Central Bucks, a freedom of speech case wherein a teacher lost her job because of on-line posts, exemplifying our somewhat pessimistic view of the Internet as being a very dangerous place; and D.M. v the New Jersey Department of Education, a case where the parents successfully skipped due process to invoke stay put when the Education Department challenged their child’s educational placement.
September 8, 2015. Test Tools/WISC V. Pearson published and we added two new Technical Reports on the WISC V, Technical Report #1 on the Expanded Fluid Index and Verbal Score; and Technical Report # 2 on Testing Deaf and Hard of Hearing Children.
September 3, 2015. Sped Resources/Transition: School-to-Work. Added a new link to “College Resources for Students with Disabilities.”
September 2, 2015. Spedlaw. The United States Department of Education on August 21 once again has amended the Part B regulations. The comments and discussion of revised regulations begin on page 50773 of the August 21, 2015 Federal Register “to no longer authorize a State to define modified academic achievement standards and develop alternate assessments based on those modified academic achievement standards for eligible students with disabilities.”
Navigation Hints: *
Clicking on a topic at the top of this (and every) page will take you to the main page for that subject area. Hovering over a tab will light up the main subheadings, but it should be remembered that a few of the subheadings are themselves a “parent” to still other pages (e.g., “OCR, Section 504, and the ADA,” “Who Are We,” and “WISC V.”) However, many of the pages have Tables of Contents that can only be accessed by actually clicking on the page. Each of the headings in the TOC is itself a click-able link that will take the reader directly to that section on that page. On every page, a small bar appears to the lower right that says “Scroll to Top.” Clicking on that bar will take the reader directly to the top of the page or TOC. This website is also fully searchable by clicking on the “Search” heading at the top of this or any page.
Free Downloads *
Most of our links to media on our website are either to Microsoft Word or to Adobe Acrobat PDF files. Readers of this website can access a free Microsoft Word Viewer (a 2007 replacement for its older 2003 viewer) for reading, printing, or copying Word documents at: Free Word Download
Free Adobe Acrobat Readers for Windows may be downloaded at: Adobe Acrobat Reader Be careful when installing to make sure the McAfee option is only checked if you want McAfee installed.
There are additionally a few PowerPoints. Microsoft also makes available a free PowerPoint Viewer which can be downloaded at: Free PowerPoint Viewer Download
*Answers to acronyms: Autism Spectrum Disorder, Sensory Processing Disorder, Individualized Education Plan, Free Appropriate Public Education, No Child Left Behind, Speech & Language Pathologist, Occupational Therapy, Applied Behavior Analysis, Americans with Disabilities Act, Adapted Physical Education, Functional Behavior Assessment, Behavior Intervention Plan, Family Educational Rights & Privacy Act, Least Restrictive Environment, Individual Education Evaluation, Assistive technology