Tuesday, September 11, 2007

Sacred Cows and Unwritten SP&P's.

There are some things that happen in one’s life that one wants to forget. There are some things that happen in one’s life that one should forget and move on. The recent events revolving around the actions and comments of the HCDS’ Board has jostled my memory about past events that I would like to forget.
Blogging affords me the opportunity to present past events in a manner that gives some substance to why I have done the things I have done. One must read my adjacent blog as well. What those who read about me should understand that my cause is not about me, it is about the ethical people within the system, the parents and the students. I have repeatedly seen good hard working people doing the “right thing” be subverted by a system and the people who carry out the system’s desires.
Many pieces of the dysfunctional puzzle are shaped as unwritten SP&Ps within the realm of Special Education. When one has their finger on the pulse of the District, it is not difficult to recognize these unwritten SP&P’s. One of these unwritten policies was brought out as a finding in the Whitehead vs. HCDS case. The allegation was that the District had an unwritten policy to not write individual speech therapy into an IEP as a related service. My understanding is someone, who apparently did not know this unwritten policy, first wrote individual speech therapy into the IEP. Another IEP was convened soon after that to discuss something else, and when the IEP was updated, the individual speech therapy was removed from the new IEP, without discussion.

"66. Respondent violated the procedural requirements relating to the formulation and implementation of Andrew W.’s IEP by the following actions:
(a) Implementing a policy of omitting from IEPs specific speech/language services that will be provided to an individual, irrespective of the individual’s needs for specific speech/language services. '

One interested in learning the mechanisms of the system should read this case. The ensuing events cost the District a lot of money. Judging by the number of District personnel that were in attendance in the Federal court the day of the decision, one wonders what the toll was to the staff over the many years this case ran. Perhaps some were hardened to the process. The Whiteheads proved in Federal court the ensuing events were deemed to be retaliatory by the District.

Click here: Wrightslaw - The Division of Administrative Hearings

Most of the unwritten SP&P’s appear to revolve around clever ways to save money. Ignorance of the law contributes to them being carried out unwittingly by the one's lower on the chain. I remember seeing countless IEP’s that had signatures of staff who did not attend the IEP meeting. How can that happen unless it is part of the culture? The answer lies in the least expensive method for the system to be in compliance with their paperwork. To be morally and ethically compliant to the law and to student’s needs requires money and resources. The recent finding by the state of the unfulfilled OT/PT services should raise an alarm. However, with lack of sanctions, it is business as usual.

While none of us like to have a past of slamming doors, I can relate to the need to take actions that in hindsight are not the best choice, but something has to happen to stop the injustice. I know in the past I have said things that needed to be said, but it needed to be said to someone other than the person I said it to, and came off wrong.

What should now be coming to light is the hidden cost in saving money. While I will reserve my opinion of those who not only obfuscate the truth but defend the parsing to the hilt, what should be a concern for all of us is the impact it has on the quality of life for the employee’s who know the truth and have to live with the distortion. Keeping it from the parents is relatively easy, Having a chilling control on keeping teacher’s quiet is an issue of itself.

Sacred Cows and Unwritten SP&P’s, no matter how cleverly contrived, have a cost.

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