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The Light - an e-newsletter
Fall 2010
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In this Issue:
- Shelby and the 3:1 Model: One-Size-Does-NOT-Fit-Al
- Client Testimonial
- Wise Words
- Between the Lines - Book Review : ”Inner Peace for Busy People” by Joan Z. Borysenko, Ph.D.
- Someone You Should Know... Flowers by Diane
- Event: Give Kids a Voice Radioation
Welcome the November issue of The Light! As we close in on the holidays, we hope that you and your families will have time to spend together, filled with laughter, loved ones and hope for the future. In this issue we’re highlighting a great book, that has a lot to offer, particularly at this time of year. We’re also presenting a case study on the 3:1 Model, and putting the spotlight on Flowers by Diane, a great resource for putting some sunshine in anyone’s day... We hope you’ll find the information useful and informative! Thanks for your consideration!
All the best!
Lana
Shelby and the 3:1 Model: One-Size-Does-NOT-Fit-All
Appeared in Disability Law Section Newsletter, Vol. 8, No.1, Summer 2009
In 2001, speech-language pathologists in Portland Public Schools (Oregon)
piloted a new district-wide service delivery model, called the “3:1 Model.”
See Annett, M., Service Delivery Success: SLPs in Oregon Schools Tackle Workload,
Enhance Recruitment, The ASHA Leader, pp. 1, 12-13 (March 2, 2004). Under this
3:1 Model, public schools provide “direct” services to qualifying students
on Individualized Education Programs (IEPs) in the areas of occupational therapy
(OT), physical therapy (PT) and/or speech-language therapy (SLP) for three
weeks. During the fourth week, the related service providers perform “indirect”
or “consultative” services. The 3:1 Model, according to the American Speech
and Hearing Association (ASHA) website, promotes “increased job satisfaction
and staff retention” for public school districts. (February 15, 2009).
In November 2006, ASHA sought guidance from the Office of Special Education
and Programs (OSEP) about the appropriateness of the 3:1 Model under the
Individuals with Disabilities Education Act (IDEA). In March 2007, OSEP
clarified that, ‘”the type of related service, as well as the amount and
location of services”’ must be “based on a child’s individual and unique
needs, and cannot be made as a matter of general policy by administrators,
teachers or others apart from the IEP Team process.”’ See Letter to Clarke,
107 LRP 13115 (March 8, 2007) (quoting Fed. Reg. 46575 (Aug. 14, 2006)).
Nearly seven months later, the Puyallup School District (Puyallup) in Washington
State implemented the 3:1 Model as a general, district-wide policy. In October
2007, Puyallup sent a “form” letter to Shelby’s parents (and other similarly-situated
families), stating that its new 3:1 Model would take effect on November 19,
2007. In Shelby’s case, the District included a Prior Written Notice and a
new IEP service summary page (to reflect three weeks of direct services and
one week of indirect service) with its form letter. Puyallup administration
explained that is could implement the 3:1 Model outside the IEP process because
it merely altered the location of Shelby’s related services (not the total
number of service minutes).
In October 2008, Shelby’s parents filed a Special Education Citizen
Complaint with the Office of Superintendent for Public Instruction
(OSPI). OSPI subsequently struck down the District’s one-size-fits-all
3:1 Model and concluded that the “District violated procedures for
amending or revising the Student’s IEP when it failed to include the
Parent in a meeting to address the changes to OT and speech services.”
See Citizen Complaint No. 08-47, at p.7. (December 8, 2008). OSPI also
noted that the District’s desire to secure special education funding
“rather than ensuring that it involved the Parent in the annual (Spring
2008) IEP meeting” meant that Shelby did not have a current IEP in
place at the beginning of the 2008-2009 school year. Id. at 8.
As part of its corrective action plan, OSPI ordered Shelby-specific remedies,
including: compensatory education for “direct” OT and SLP services; an IEP
meeting, and; removal of Shelby from the District’s “count” for special education
state funding for the 2008-2009 academic year. Id. OSPI also ordered several
District-specific corrective actions, including: policy and procedure review;
staff training, and; IEP-reviews for all students subjected to the 3:1 Model.
Id. at 10. In the end, the 3:1 Model cost the Puyallup School District time,
money and parent-relationships.
Wise Words…
“Hope is the thing with feathers, That perches in the soul, And sings the tune without the words, and never stops at all.“ — Emily Dickenson
Client Testimonial
“THANK YOU LANA! Your help in a critical time for our family and son was invaluable!” -- SE, SE & JE
Between the Lines - Book Review
”Inner Peace for Busy People” by Joan Z. Borysenko, Ph.D.
Book Review by Lana Traynor
When a friend first asked me to read “Inner Peace for Busy People,” written by Joan Z. Borysenko, Ph.D., I snorted. Literally snorted. I had two thoughts, “I don’t have time for that” and “I’m not into that kum-bah-yah stuff.” But, I respect the person who asked me to read it, so I agreed. Her next request, though, seemed impossible: Do not read the 52 short chapters (3 to 4 pages) in order. What type of chaos is that?! If I want to learn to find inner peace, it only seems logical to read the mini-manual in a linear fashion! Immediately, I was stressed about reading the chapters of this “how to” book in seemingly random order. But, I did just that nearly one year ago.
The chapters have “catchy” titles that range from “Give Up Perfectionism” to “Ask Yourself, Am I Having Fun Yet?’” Tonight, I randomly flipped through “Inner Peace for Busy People” and decided to write a review of the chapter in which I landed. What if I landed on a chapter that wasn’t my favorite? Or, what if I didn’t like the advice in that particular chapter? Learning to live on the edge, I took my chances, closed my eyes, took a deep breath, and fanned the book. Chapter 41, “Practice Forgiveness,” is the lucky winner.
Forgiveness. What is “forgiveness” exactly? I hadn’t really thought about that particular word or chapter in the last year. So, I did the logical thing. I looked-up “forgiveness” in the online dictionary and found, “for-give-ness (noun): act of pardoning somebody.” Unsatisfied, I then looked-up “pardon” and found, “par-don (transitive verb): exempt guilty party from punishment.” Being the lawyer that I am, I thought, “I can do that, but I better re-read the chapter first.” Once again, I was humbled by the author’s words.
“Forgiveness,” in my mind, means that I should pardon those guilty of causing harm or pain to me, my loved ones, and to those whom I serve. The online dictionary seemed to agree with me, but the author did not. Dr. Borysenko challenged the reader (my humbler self) to the following:
"This week, make a fearless inventory of your regrets and resentments. Whenever possible, without hurting anyone, make amends. That is the beginning of self-forgiveness. And, *** be gentle with yourself. Forgiveness may take time. You won’t complete it in a week. You may not even complete it in a lifetime. But it’s the most worthwhile pursuit for inner peace. As you seek to understand your own and pain and limitations, and the pain of those who have hurt you, you’ll develop compassion. That’s the highest purpose of your enemies. They are the most relentless teachers of the heart."
Her words reminded me that forgiveness is multi-dimensional. Instead of merely pardoning those around me, I need to reexamine my life and think about self-forgiveness.
“Self-forgiveness,” understanding my “own pain and limitation, and the pain of those who have hurt” me/my loved ones/those whom I serve, seemed impossible because the list would be too long. Anxiety increasing, I decided to take the first step that the author urged the reader to make and created “a fearless inventory” of my “regrets and resentments.” The “thinking part” of that task took about 20 minutes of soul-searching and about two minutes to type into a cohesive list.
That is as far as I made it tonight.
I’ll work on the second phase of “making amends” at a later time.
But, what I relearned tonight is that forgiveness is something
that we must do for others and ourselves, it’s not just about “pardoning”
others for the wrongs that they allegedly have committed. Truly,
truly “letting go” and forgiving others and myself is a task that
I will take-on every day thru the end of the year. Let’s see how
far down my list I make it…..I urge you to do the same thing. Maybe
our world will be less chaotic, less judgmental, and full of more
smiles if we pledge to “Practice Forgiveness” per Chapter 41 of
“Inner Peace for Busy People.”
Someone You Should Know...
Flowers by Diane
Flowers by Diane is a local Beaverton/Portland floral design studio dedicated to bringing the love of fresh flowers to you. We personally select the freshest, most beautiful flowers for each and every occasion. Never more than a day from the market to your destination, you will always receive the maximum amount of time to enjoy the color and life of each bouquet you order. We incorporate each season’s beauty with a classic—yet unique—design that’s perfect for every occasion, all at a price you can afford.
Flowers by Diane
Portland, OR
(503) 481-1932
contact@freshflowersbydiane.com
www.freshflowersbydiane.com
Events
What?
The “Give Kids a Voice” Radio-a-thon raises funds to support children
with disabilities and their families served by Providence Child
Center.
Why?
Our goal is to the raise $75,000 for communication tools, therapy & equipment
needed for the children we serve who communicate in non-traditional
ways. Help us help them find their voice.
When & Where?
Oldies 106.7fm will broadcast 24-hour programming live on November
12 & 13 at the Fred Meyer Hollywood store.
For more information:
www.portlandoldies.com/pages/pages/providence_2010.php
Hope for a better future begins today… contact Lana L. Traynor, LLC, Attorney at Law, at 503.968.6792 to schedule a free initial consultation.
Lana L. Traynor, LLC / 6950 SW Hampton Street / Suite 336 / Tigard, Oregon 97223
p. 503.968.6792 / f. 503.968.6793 / (SEE DISCLAIMER)
DISCLAIMER: This website is for information purposes only and information contained in this site should not be construed as legal advice. Please do not include any confidential,secret or otherwise sensitive information concerning any potential or actual legal matter in this e-mail message. Unsolicited e-mails do not create an attorney-client relationship and confidential or secret information included in such e-mails cannot be protected from disclosure. An attorney-client relationship is not formed unless and until specifically agreed to in writing by attorney and client. Lana Traynor does not have a duty or a legal obligation to keep confidential any information that you provide to us. Also, please note that Lana Traynor does not seek to practice law in any jurisdiction in she is not properly authorized to do so.
Lana L. Traynor, LLC, Attorney at Law, is an education attorney based in Portland and licensed in Oregon, Washington and California. Ms. Traynor works with special education and special needs students and their families across all levels of education including representation at IEP meetings, representation of students with special needs including regular education students with disciplinary issues, college students on scholarship, graduate students facing disciplinary action or expulsion, and disabled students.