REMEDY Tips

504 - Section 504 of the Rehabilitation Act of 1973

A-G - Minimum subject requirements for the University of California

ADA - American with Disabilities Act of 1990

ADAAA - American with Disabilities Act Amendments Act of 2009

AET - Association of Educational Therapists [Not affiliated/regulated by any California governing Boards]

ASD - Autism Spectrum Disorder

BBS - Board of Behavioral Sciences

BCET - Board Certified Educational Therapist [AET affiliated. Cannot legally evaluate or diagnose.]

BOP - Board of Psychology

CDE - California Department of Education

CTC - Commission on Teacher Credentialing [Is your student's teacher credentialed?]

DOE - U.S. Department of Education

DOJ - U.S. Department of Justice

DOL - District of Location

DOR - District of Residence

ECE - Early Childhood Education

ED - Emotionally Disturbed

EHA - Education of All Handicapped Children Act of 1975 [Became the IDEA]

ERMHS - Educationally Related Mental Health Services

FAPE - Free, Appropriate, Public Education

FERPA - Family Educational Rights and Privacy Act

IDEA - Individuals with Disabilities Education Act of 1990

IDEIA - Individuals with Disabilities Improvement Act of 2004

IEP - Individualized Education Program [This is not a "plan"]

LCP - Licensed Clinical Psychologist

LEA - Local Educational Angencies

LEP - Licensed Educational Psychologist

LRE - Least Restrictive Environment

MTSS - Multi-Tiered System of Supports

NPS - Nonpublic School [This is not the same as a Private School]

OCR - Office for Civil Rights

OHI - Other Health Impairment

OSERS - Office of Special Education and Rehabilitation Services

PPS - Pupil Personnel Services [CTC Credential in School Psychology or Counseling]

RSP - Resource Specialist Program

RTI - Response To Intervention

SAI - Specialized Academic Instruction

SDC - Special Day Class

SEA - State Educational Agencies

SLD - Specific Learning Disability [IDEA] or Specific Learning Disorder [DSM-5]

SLI - Speech and Language Impairment

SP - Services Plan [This is not "individualized"]

SPED - Special Education

SST - Student Study Team, Student Support Team, or Student Success Team

▶ GOVERNING ORGANIZATIONS OF PROFESSIONS

▷ Board of Behavioral Sciences (BBS)

▷ Regulates masters level professions (LMFT, LCSW, LEP, LPCC) that work in private practice and/or organizations.

▷ Board of Psychology (BOP)

▷ Regulates doctoral level psychologists (LCP) that work in private practice and/or organizations.

▷ Commission on Teacher Credentialing (CTC)

▷ Regulates the professions within public school education.

▷ Association of Educational Therapy (AET)

▷ Independently governs its own profession. This profession is not affiliated or recognized by any California public agency governing boards.

▶ PUBLIC SCHOOL PROFESSIONS

▷ Administrator

▷  This credential authorizes the holder to provide the following services in grades twelve and below, including preschool, and in classes organized primarily for adults: develop, coordinate, and assess instructional programs; evaluate certificated and classified personnel; provide students discipline, including but not limited to suspension and expulsion; provide certificated and classified employees discipline, including but not limited to suspension, dismissal, and reinstatement; supervise certificated and classified personnel; manage school site, district, or county level fiscal services; recruit, employ, and assign certificated and classified personnel; and develop, coordinate, and supervise student support services including but not limited to extracurricular activities, pupil personnel services, health services, library services, and technology support services. ctc.ca.gov

▷ Education Specialist - Mild/Moderate

▷  This authorizes the holder to conduct Educational Assessments related to student's access to the academic core curriculum and progress towards meeting instructional academic goals, provide instruction, and Special Education Support to individuals with a primary disability of specific learning disabilities, mild/moderate intellectual disabilities, other health impairment, and emotional disturbance, in kindergarten, grades 1 - 12 through age 22, and classes organized primarily for adults in services across the continuum of program options available. ctc.ca.gov

▷ Education Specialist - Moderate/Severe

▷  This authorizes the holder to conduct Educational Assessments related to student's access to the academic core curriculum and progress towards meeting instructional academic goals, provide instruction, and Special Education Support to individuals with a primary disability of autism, moderate/severe intellectual disabilities, deaf-blind, emotional disturbance, and multiple disabilities, to students in kindergarten, grades 1 - 12 through age 22, and classes organized primarily for adults in services across the continuum of program options available. ctc.ca.gov

▷ School Psychologist

▷  This credential authorizes the holder to perform the following services in grades 12 and below, including preschool, and in programs organized primarily for adults: provide services that enhance academic performance; design strategies and programs to address problems of adjustment; consult with other educators and parents on issues of social development, behavioral and academic difficulties; conduct psycho-educational assessments for purposes of identifying special needs; provide psychological counseling for individuals, groups and families; and coordinate intervention strategies for management of individual and school-wide crises. ctc.ca.gov

▷ School Counselor

▷  This credential authorizes the holder to perform the following services in grades 12 and below, including preschool, and in programs organized primarily for adults: develop, plan implement and evaluate a school counseling and guidance program that includes academic, career, personal and social development; advocate for the high academic achievement and social development of all students; provide school-wide prevention and intervention strategies and counseling services; provide consultation, training and staff development to teachers and parents regarding students' needs; and supervise a district- approved advisory program as described in Education Code Section 49600. ctc.ca.gov

▶ PRIVATE PRACTICE PROFESSIONS

▷ Licensed Educational Psychologist (LEP) 

▷ A person engages in the practice of educational psychology when he or she performs or offers to perform or holds himself or herself out as able to perform this service for remuneration in any form, including donations. (a) The practice of educational psychology is the performance of any of the following professional functions pertaining to academic learning processes or the educational system or both: (1) Educational evaluation. (2) Diagnosis of psychological disorders related to academic learning processes. (3) Administration of diagnostic tests related to academic learning processes including tests of academic ability, learning patterns, achievement, motivation, and personality factors. (4) Interpretation of diagnostic tests related to academic learning processes including tests of academic ability, learning patterns, achievement, motivation, and personality factors. (5) Providing psychological counseling for individuals, groups, and families. (6) Consultation with other educators and parents on issues of social development and behavioral and academic difficulties. (7) Conducting psychoeducational assessments for the purposes of identifying special needs. (8) Developing treatment programs and strategies to address problems of adjustment. (9) Coordinating intervention strategies for management of individual crises. bbs.ca.gov

▷ Licensed Clinical Psychologist (LCP) 

▷ Psychologists help clients understand and treat various emotional challenges, such as depression, anxiety, and substance abuse. They are trained to consider the personal background of each client when assessing and treating them. They may provide treatment to individuals (children, teens, and adults). They also serve couples, families, and groups in the therapeutic setting. Here, they use a variety of treatment methods, which can include psychotherapy, behavior modification, biofeedback, or hypnosis. Psychologists provide these services in a variety of settings including outpatient offices, inpatient psychiatric hospitals, and day treatment programs. As part of the care that psychologists provide, they may refer patients to physicians or psychiatrists for further evaluation, who can then prescribe medication when necessary. Outside of working directly with clients, psychologists work with organizations and businesses, providing consultations or trainings. In these settings, their goal is to identify difficulties within the work environment, then recommend strategies for making improvements within the organizations. Psychologists also develop, administer, and interpret psychological tests. Some of these categories of psychological tests or evaluations include the following: Diagnostic evaluations (e.g., intelligence/IQ tests, autism evaluation, attention-deficit/hyperactivity disorder [ADHD] evaluation). Disability and workers’ compensation evaluations; Personality testing; Behavioral assessment; Fitness-for-duty evaluations; Neuropsychological evaluations; Career counseling/planning evaluations; Court-ordered or court-related evaluations (e.g., child custody, competency evaluations). psychology.ca.gov

▷ Licensed Marriage and Family Therapist (LMFT) 

▷ The practice of marriage and family therapy shall mean the application of psychotherapeutic and family systems theories, principles, and methods in the delivery of services to individuals, couples, or groups in order to assess, evaluate, and treat relational issues, emotional disorders, behavioral problems, mental illness, alcohol and substance use, and to modify intrapersonal and interpersonal behaviors. The application of marriage and family therapy principles and methods includes, but is not limited to, all of the following: Assessment, evaluation, and prognosis; Treatment, planning, and evaluation; Individual, relationship, family, or group therapeutic interventions; Relational therapy; Psychotherapy; Client education; Clinical case management; Consultation; and Supervision. Use, application, and integration of the coursework and training required by Sections 4980.36, 4980.37, and 4980.41, as applicable. bbs.ca.gov

▷ Licensed Clinical Social Worker (LCSW)

▷ The practice of clinical social work is defined as a service in which a special knowledge of social resources, human capabilities, and the part that unconscious motivation plays in determining behavior, is directed at helping people to achieve more adequate, satisfying, and productive social adjustments. The application of social work principles and methods includes, but is not restricted to, counseling and using applied psychotherapy of a nonmedical nature with individuals, families, or groups; providing information and referral services; providing or arranging for the provision of social services; explaining or interpreting the psychosocial aspects in the situations of individuals, families, or groups; helping communities to organize, to provide, or to improve social or health services; or doing research related to social work. Psychotherapy, within the meaning of this chapter, is the use of psychosocial methods within a professional relationship, to assist the person or persons to achieve a better psychosocial adaptation, to acquire greater human realization of psychosocial potential and adaptation, to modify internal and external conditions which affect individuals, groups, or communities in respect to behavior, emotions, and thinking, in respect to their intrapersonal and interpersonal processes. bbs.ca.gov

▷ Licensed Professional Clinical Counselor (LPCC)

▷ The scope of practice for Licensed Professional Clinical Counselors (LPCCs) is set forth in California Business and Professions Code section 4999.20 and Title 16, California Code of Regulations, Section 1820.5, both of which are available in the Board’s Statutes and Regulations handbook. Section 4999.20. (a): (1) "Professional clinical counseling" means the application of counseling interventions and psychotherapeutic techniques to identify and remediate cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems, and the use, application, and integration of the coursework and training required by Sections 4999.32 and 4999.33. "Professional clinical counseling" includes conducting assessments for the purpose of establishing counseling goals and objectives to empower individuals to deal adequately with life situations, reduce stress, experience growth, change behavior, and make well-informed, rational decisions. (2) "Professional clinical counseling" is focused exclusively on the application of counseling interventions and psychotherapeutic techniques for the purposes of improving mental health, and is not intended to capture other, nonclinical forms of counseling for the purposes of licensure. For purposes of this paragraph, "nonclinical" means nonmental health. bbs.ca.gov

▷ Learning Specialist (LS)

▷ This is generally a self and/or employer designated title. Individuals with this title are typically educators who have additional training through a teacher credential program and have expertise in working with students who have learning disabilities. Learning specialists cannot independently evaluate or diagnose disabilities, but are typically training in administering academic achievement assessments that can assist a licensed professional in their evaluations. Learning specialists may work in schools or private settings to provide academic support, develop specialized learning plans, and provide educational advocacy for students.

▷ Board Certified Educational Therapist (BCET) 

▷ Educational therapists collaborate with all the significant people concerned with the student’s learning, and they focus not only on remediation but also on building self-awareness and underlying learning skills to help clients become more self-reliant, efficient learners. Educational therapy differs from tutoring and other remedial interventions in the way that it considers the impact of school, family, and community on the client’s learning. In addition to academic goals, educational therapy attends to psycho-educational* and socio-emotional* goals as well. aetonline.org *BCET cannot legally evaluate for or diagnose these conditions. Improperly addressing a students psycho/social/emotional needs without the proper licensure may result in citations from the BBS or BOP. 

For more information and direct sources, please refer to the following links:

▷ C.A. Commision on Teacher Credentialing

▷ C.A. Board of Behavioral Sciences

▷ C.A. Board of Psychology

▷ Association of Educational Therapists

▶  Section 504 of the Rehabilitation Act of 1973 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive federal financial assistance, including schools. 

▷ Definition of disability

▷ Section 504 defines a person with a disability as someone who has a physical or mental impairment that substantially limits one or more major life activities. These activities include walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, and performing manual tasks.

▷ Non-discrimination

▷ Section 504 prohibits discrimination based on disability in programs and activities receiving federal financial assistance. Schools must provide disabled students equal access to education, facilities, and services.

▷ Free Appropriate Public Education (FAPE)

▷ Section 504 ensures that students with disabilities receive a Free Appropriate Public Education (FAPE). This includes accommodations, modifications, and services tailored to the student's needs to allow them to access and participate in their education.

▷ 504 Plan

▷ A 504 Plan is a written document that outlines the accommodations and services a student with a disability needs to participate in school. The plan is developed by a team that includes the student's parents, teachers, and school administrators.

▷ Evaluation

▷ Schools must evaluate students to determine if they have a disability and need accommodations under Section 504. If a student is eligible, the school must develop a 504 Plan and determine the appropriate placement for the student.

▷ Procedural safeguards

▷ Section 504 provides procedural safeguards to protect the rights of students with disabilities and their parents. These safeguards include the right to participate in meetings, review records, and file complaints.

▷ Grievance procedures

▷ Schools must have grievance procedures in place for addressing complaints related to Section 504.

▷ Office for Civil Rights (OCR)

▷ The U.S. Department of Education's Office for Civil Rights (OCR) enforces Section 504. Parents can file complaints with OCR if they believe their child's rights have been violated.

For more information and direct sources, please refer to the following links:

▷ U.S. Department of Education - Section 504

▷ U.S. Department of Education - Parent and Educator Resource Guide to Section 504

▷ U.S. Department of Education - Office for Civil Rights

▶ The Individuals with Disabilities Education Act (IDEA) is a federal law that ensures students with disabilities receive the special education and related services they need. It was originally enacted in 1990 and was later revised through the Individuals with Disabilities Education Improvement Act (IDEIA) in 2004. 

▷ Free Appropriate Public Education (FAPE)

▷ IDEA guarantees that students with disabilities receive a Free Appropriate Public Education (FAPE) tailored to their individual needs in the least restrictive environment possible.

▷ Individualized Education Program (IEP)

▷ An IEP is a written document developed for each eligible student with a disability, outlining the student's unique needs, goals, and the specific special education and related services to be provided.

▷ Child Find

▷ IDEA requires schools to identify, locate, and evaluate all children with disabilities who may be in need of special education and related services.

▷ Evaluation and eligibility

▷ Before receiving special education services, a student must be evaluated by a multidisciplinary team to determine eligibility under IDEA. Parental consent is required for the initial evaluation.

▷ Least Restrictive Environment (LRE)

▷ IDEA mandates that students with disabilities be educated alongside their non-disabled peers to the maximum extent appropriate, in the least restrictive environment possible.

▷ Procedural safeguards

▷ IDEA includes procedural safeguards to protect the rights of students with disabilities and their parents. These safeguards include the right to participate in meetings, review records, and request mediation, due process hearings, or file a complaint.

▷ Parent and teacher participation

▷ IDEA emphasizes the importance of collaboration between parents and teachers in making decisions about a student's special education services.

▷ Transition services

▷ IDEA requires schools to provide transition planning and services for students with disabilities as they prepare to move from school to post-school activities, such as further education, employment, or independent living.

▷ Early intervention services

▷ IDEA Part C provides early intervention services for infants and toddlers with disabilities, from birth to age three, and their families.

For more information and direct sources, please refer to the following links:

▷ U.S. Department of Education - IDEA

▷ U.S. Department of Education - Building the Legacy: IDEA 2004

▷ U.S. Department of Education - A Guide to the Individualized Education Program

Education for Students with Disabilities: The Basics & Beyond presentation - June 12, 2023

Per the DREDF: The Parent Training and Information Center (PTI) at DREDF do not provide legal advice or legal representation. any information in this presentation is not intended as legal advice and should not be used as a substitution for legal advice. www.dredf.org

Parents Helping Parents (PHP) is a nonprofit organization that provides information, training, individual assistance, and resources.

Parents Helping Parents, Inc.

PHP@Sobrato Center for Nonprofits

1400 Parkmoor Av Ste 100, San Jose, CA 95126

WWW.PHP.NET

▶ THESE ARE ACTIONS/STATEMENTS♡ FROM SUPPOSED "EXPERTS". WE BELIEVE THESE ARE IMPORTANT TO SHARE BECAUSE SOME FAMILIES MAY NOT BE AWARE THAT THE FOLLOWING THINGS ARE RED FLAGS. THIS IS WHY WE AT  REMEDY DO WHAT WE DO!

▶ THINGS SAID

▷ We do not do pull out services in high school. 🚩  

▷ Please sign and return this IEP signature page (the IEP itself was not provided) from our meeting. 🚩 

▷ The student will have to miss their lunch period to get their IEP service minutes with a special education teacher. 🚩 

▷ The CDE says that having a homeroom with a special education teacher or even a sub, counts as SAI service minutes. 🚩 

▷ What do you mean goal progress summaries? 🚩 

▷ We are not sure how to do a service minute audit. 🚩 

▷ The student is off task. I want them moved to a different class. 🚩 

▷ Your student is really smart. They just need to try harder. 🚩 

▷ The students in the Study Skills class would not be a good influence on your student. 🚩 

▷ They are failing my class. If they turned in their work they would be passing. My policy is not to accept late work. 🚩 

▷ This meeting is to discuss the future, not what happened in the past. 🚩 

▷ I know they never finish their exams on time, but we need an evaluation to determine if they need extra time on exams. 🚩  

▶ THINGS DONE

▷ The general education teacher or administrator left mid-way through the IEP meeting. 🚩 

▷ The IEP sent after the meeting had changes that were not discussed or agreed to in the meeting. 🚩 

▷ The psychoeducational report is a cut/paste from the manufacturer's booklet with no analysis of how the scores apply to the student. 🚩  

▷ Goals do not addressing the identified areas of need, are not measurable, and/or not monitored and updated. 🚩 

▷ The IEP eligibility meeting is not held within 60-days after you signed off on the Assessment Plan (AP). 🚩  

▷ The person who completed your private evaluation is not a licensed psychologist. Example: Educational Therapist or Specialist. See the "Professions" tab. 🚩 

▶ THINGS TO DO

▷ Contact  REMEDY today!

♡Note that while these are factual accounts, they are not being provided as direct quotes. This is to maintain the anonymity of the people involved.