Winter 2009

Vol. 17 No. 2

Mark Your Calendar!

Breaking News!

by Kathy Gray-Mangerson

Summary of Changes to Individuals with Disabilities
Education Act (IDEA) Regulations
by Barb Ross

The first quarter of 2009 is filled with events
that will provide excellent resources, information and training opportunities about special
education. The events are happening around
the state. Please take a moment to look at the
information below and mark your calendars.
We have highlighted three events and listed their contact
information for your convenience. March will be a very busy
month indeed.
The Disability Expo will be held on
March 4th from 9 a.m. – 4 p.m. at the
Convention Center in Phoenix, 33 South
Third Street in Hall G. Admission is free.
The theme is “Your Life, Your Community, Your Future.”
This year’s speaker is Randall Howe, Chief Counsel of the
Criminal Appeals Section for the U.S. Attorney. There will be
over 100 exhibitors. For further information, and to see a list
of exhibitors, visit the website at www.azdx.com or contact
Susan DeNova at (602) 470-1802 Ext. 114 or by email at
azdx@azdes.gov.
20th Annual Legislative Awareness Day is
March 10th from 8 a.m. – 2 p.m. on the
Arizona Capital lawn. It is an opportunity to
participate in legislative hearings and meet
with your elected representatives. People
with disabilities, their families and friends should plan to
attend. For information, please contact Jason Geroux with the
Governor’s Council on Developmental Disabilities at (480)
288-0791 or by email at Jason@azgcdd.org.
The Wrightslaw Special Education Law and
Advocacy Training will be held on March 12th
at the Tucson Convention Center from 8 a.m. –
4:30 p.m. Peter Wright of Wrightslaw will be conducting a
full day training session on Special Education law. He is a
renowned attorney and a national speaker on this subject. The
session is designed for parents, advocates and educators of
children in special education. A continental breakfast, lunch
and two of Peter’s books, Special Education Law and From
Emotions to Advocacy, are included in the price. For further
information and to register, please visit www.pilotparents.org
or call (520) 324-3150.
Note: The Arizona Department of Education (ADE) offers many
conferences/workshops that are open to the public. Be sure to check the ADE
calendar of events regularly at www.azed.gov/onlineregistration/calendar.

On December 1st the Department of
Education released additional regulations for
IDEA Part B which went into effect on
December 31, 2008. The Department of
Education published a notice of proposed
rulemaking in the Federal Register on May
13, 2008. A notice of proposed rulemaking (NPRM) is
issued by law when one of the independent agencies of the
United States government wishes to add, remove, or change a
rule (or regulation) as part of the rulemaking process. It is an
important part of United States administrative law. Proposed
changes are open for comments by parents, teachers,
individuals with disabilities, related service providers, state
and local officials and other interested parties to help the
Department of Education indentify where changes to the
proposed regulations are needed. Many of the comments
received are considered in the final regulations. Be sure to take
time to review the comments and the changes in their entirety
as they often give the pros and cons of the changes and the
possible effects on families of students with disabilities. The
following is a summary of the major changes.
Parental Consent
If your child has been receiving special education services
under IDEA and you wish to revoke consent for services;
• the revocation must be in writing, and
• the school is not required to amend your child’s education
records to remove any reference to previously receiving
services. 34 C.F.R. §300.9(c)(3)
• upon revocation of consent, the school must provide you
with written notice in accordance with 34 C.F.R. §300.503
regarding the change in educational placement and services
that will result from the revocation of consent.
• the school district may not utilize mediation or the due
process procedures to challenge your revocation of the
consent;
• the school is not required to convene the IEP Team or
develop an IEP; and
• the school will not be deemed in noncompliance with the
IDEA for failure to provide a FAPE to an otherwise eligible
child. §300.300(b)(4)
Representation by Non-Lawyer Advocates
The section on Hearing Rights has been amended to specify
that non-lawyer advocates can represent either side (parent or

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Winter 2009

school district) in a due process hearing unless this overrides
state law. §300.512(a)(1)
State Monitoring and Enforcement
A new monitoring and enforcement section is added,
establishing a one-year timeline for school districts to fix
IDEA noncompliance issues. Corrective action must be
completed no more than one year after the State’s
identification of the noncompliance. §300.600(e) In addition a
State now has 120 days, after submitting its annual
performance report (APR) to the U. S. Department of
Education (USDOE), to provide a report to the public on
school performance. This doubles the current allowable time
frame. §300.602(b)(1)(i)(A)
To review the comments and changes to the final regulations
in full visit the Arizona Department of Education’s website at:
www.azed.gov/ess/resources/lawsRegs/FederalRegisterPartIV.
pdf

Mental Health Issues and School
by Teri Rademacher

T

Page 2

The Parent Information Network (PIN) Clearinghouse
resource titled Emotional Disability (DR04) provides readers
with an overview of the criteria for special education
eligibility as defined by the Arizona Revised Statutes and the
Individuals with Disabilities Education Act (IDEA 2004). It
also provides a comprehensive list of resources for families
and educators; including books, videos, and support
organizations’ websites.
For students who are eligible for special
education services under the category of
Emotional Disability (ED), it is vital that their
Individualized Education Program (IEP) team
be comprised of the appropriate people to
address their unique needs. In addition to the membership
outlined in IDEA 2004, inviting the school counselor and
behavioral health specialists to assist with the development of
a comprehensive IEP is critical. Child and Family Teams
(CFT) can be extremely helpful when looking at supports and
services that are necessary to address the emotional and
behavioral challenges in the school setting. Parents can invite
their child’s CFT members to attend the meeting. As mental
health professionals, they can assist the IEP team in
addressing some of the behavioral challenges associated with
the student’s specific mental illness, providing strategies to
manage or remediate inappropriate behaviors.

he U. S. Surgeon General’s 2000 Report on Children’s
Mental Health estimates that one in five children and
adolescents will experience a significant mental health
problem during their school years. The National Association
of School Psychologists (NASP) reminds us that mental health
The IDEA regulations require IEP teams to
issues used to be clearly defined by the diagnosis of a specific
consider the use of positive behavioral
mental illness (e.g. depression, bipolar). More recently, good
interventions and supports, and other strategies,
mental health is not only defined by the absence of a specific
when a child's behavior impedes his or her
illness, but also the possession of skills necessary to cope with
learning, or that of others. A Functional
life’s challenges. Not properly armed with these vital skills,
Behavioral Assessment (FBA)
children are more apt to experience poor
can be conducted to identify the
academic performance, behavior problems, and
behavior and its function. When
substance abuse, resulting in criminal activity,
One in five children and
appropriate, a behavior intervention plan (BIP),
school violence, dropping out, and even
adolescents experience
is developed using information from the FBA;
suicide.
the plan can include strategies to manage,

mental health problems
in their school years.

Families and schools are often challenged to
cope with serious mental illness among our
nation’s children. Appropriate resources and
services for children with mental illness are vital in the battle
to avert the devastation of long-term mental illness; yet they
prove to be rather elusive and in some cases nonexistent.
Knowing what the warning signs are can provide families and
schools with the tools they need to facilitate early
identification, diagnosis, and treatment. According to the
Mental Health America website, www.nmha.org, the
following signs may indicate that a child needs professional
help:
•
•
•
•
•
•
•
•
•

Decline in school performance
Poor grades despite strong efforts
Constant worry or anxiety
Repeated refusal to go to school or to take part in
normal activities
Hyperactivity or fidgeting
Persistent nightmares
Persistent disobedience or aggression
Frequent temper tantrums
Depression, sadness or irritability

replace, eliminate, or reduce the behavior.
Students can be taught appropriate behaviors.
The PIN Clearinghouse document titled Positive
Behavioral Interventions and Supports (PBIS)
and the IEP (BR01) provides readers with examples of the
function of behaviors and tips on developing appropriate
positive BIPs. Another valuable resource available from your
regional PIN Specialist is Functional Behavioral Assessment
(BR22) which contains an overview of how to conduct a FBA
and then develop a positive BIP. IEP teams need to remember
that when a child’s behavior impedes his/her learning or that
of others, IDEA 2004 states that they need to consider the use
of positive behavioral interventions and supports, and other
strategies to address that behavior.
The Parent Information Network Clearinghouse has several
resources for families and schools regarding mental illness.
The PIN Blue Pages: Disability Related Resources (GR07)
contains contact information for behavioral health services by
county, state and national organizations for specific mental
illnesses. Other resources in the PIN Clearinghouse provide
readers with everything from a brief overview of the signs of
mental illness to strategies to use while learning to cope with a
specific mental illness. The following resources are also

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Winter 2009

available: Teen Mental Health Problems (DR25), Educating
the Child with Bipolar Disorder (DR32), Strategies to Work
with Students with Oppositional Defiant Disorders (DR34),
and Oppositional Defiant Disorder vs. Conduct Disorder
(DR35). Review, or download, these print resources from the
PIN website, www.azed.gov/ess/pinspals, or request a copy
from your regional PIN Specialist whose contact information
is on page four of this newsletter.

Developing Skills in All Children for
Good Mental Health
by Teri Rademacher

T

he modern day definition of good mental health is not
just the absence of a diagnosis of a specific mental
illness but the possession of skills necessary to cope
with life’s challenges. While looking at equipping students
with the skills necessary to cope with life’s challenge, the
National Association of School Psychologists (NASP) has
identified what they call “protective factors” that schools can
initiate to help children develop the capacity for positive
behavior, social competency, academic achievement, and
emotional well-being. These protective factors are a sense of
belonging, accomplishment, the ability to adapt to change,
recognition, the knowledge that they can make a difference,
and resiliency.
A sense of belonging is the basis for a
child’s ability to make positive
transitions. They have a sense of trust
not only themselves, but also in the
school. This facilitates transition from
A sense of belonging
facilitates successful
transitions.

home to the school environment and
the establishment of positive
relationships. By developing a positive relationship with the parents, educators then garner the
trust of their students. Establishing open lines of communication and encouraging parents to volunteer in the classroom
will continue to cultivate a positive relationship and ultimately
that sense of belonging.
Children need to know that they can accomplish goals as a
result of their actions and efforts. This sense of
accomplishment is also referred to as self-determination.
Children who lack self-determination often blame others for
their actions as they do not believe they are in control. Parents
and educators can assist children in developing this sense of
accomplishment by helping them to set Children need to know
a goal and then identify the steps
they can set goals and
accomplish them.
needed to achieve that goal. The PIN
Clearinghouse has a resource titled
Self-Determination and the Education
of Students with Disabilities (SA14)
which provides strategies for educators
to use to promote self-determination
and the document Fact Sheet:
Summary of Self-Determination (SA13)
which outlines the principles of this
vital skill. While routine is important to children, it is
necessary for them to adapt to change without experiencing
emotional distress.

Page 3

This skill can be developed by informing children ahead of
time about change, providing them time to prepare and by
allowing them to assist with the change when appropriate.
This will help them develop coping skills.
Positive feedback reinforces appropriate behaviors and
indicates to children that their actions are valued by others.
This recognition is vital when children are learning to regulate
their emotions. Promoting appropriate behaviors using
positive reinforcement is an effective strategy to use when
working to eliminate certain inappropriate behaviors.
Children need to know they can have an impact. The desire to
make a difference is what spurs that student to read the
morning announcements or run the attendance report to the
office. These pro-social behaviors build self-esteem, produce a
sense of connectedness, and provide an opportunity for
positive recognition. Creating appropriate opportunities for
children to contribute or make a difference in their home
and/or school will hopefully transfer to the larger context of
the community.
Developing the ability to bounce back from
defeat is something that adults do with varying
degrees of success. Resiliency in children is
something that educators can foster by serving
as “encourager.” It is important to identify the
defeat without it resulting in a sense of
personal failure while assisting the child in
refocusing on how they might try again.

Resiliency is a
vital protective
factor.

By teaching these “protective factors” in the school environment, children will develop the skills necessary to cope with
life’s challenges which lead to good mental health. For more
information, visit the National Association of School Psychologists website at www.nasp.org.

Parents and Teachers as Allies
National Alliance on Mental Illness Arizona
by Teri Rademacher
Parents and educators are on the front
lines in the battle to prevent the
devastation of long-term mental illness
among our nation’s youth. This
statement can be found in the guide for
a unique training titled Parents and Teachers as Allies offered
by the National Alliance on Mental Illness of Arizona or
NAMI Arizona. It is a 90 minute presentation that challenges
parents and educators to understand their different
perspectives when dealing with a student with mental illness.
It also reviews the impact it has on the student and outlines
some of the signs of early-onset mental illness for a wide
variety of disorders: attention deficit hyperactivity (ADHD),
oppositional defiant (ODD), obsessive compulsive (OCD),
conduct disorder, depression, schizophrenia, bipolar, and
anxiety. The presentation also provides some tips and
strategies for the “allies” while navigating the referral process.
For more information about this training, you can contact
NAMI Arizona by calling 800-626-5022 or visit them online
at www.namiaz.org.

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Winter 2009

Page 4

Have you responded to the Arizona Parent Survey?
Please check out the Parent Survey website, www.azed.gov/ess/parentsurvey, to see if your school is one of the 300 districts and
charter schools administering the Survey this year.
This is your opportunity to report how well school staff facilitates parent involvement as a way to improve services and results
for children with disabilities. To find out more, call the toll-free PIN hotline at 877-230-PINS (7467).

Name or Address Change?
Network News goes out to over 4,000 parents, service providers, agencies and schools. We need to continuously update our mailing
list to stay current. We would also like to know if you are a parent, provider, or educator. In addition, you now have the option to
receive your copy of the Network News via the U. S. Mail or electronically via e-mail. To update and/or correct your information and
note your preference for U. S. Mail or email, please contact the PIN toll-free number at 877-230-PINS (7467) or PINS@azed.gov.
You may also contact your Regional PIN Specialist below.

Parent Information Network (PIN) Specialists
Toll Free: 1-877-230-PINS (7467) or email PINS@azed.gov
Apache, Navajo
Jana Bays
928-537-0250
Jana.Bays@azed.gov

Coconino, Mohave, Yavapai,
Allison Meritt
928-289-5834
Allison.Meritt@azed.gov

La Paz, Yuma
Teri Rademacher
928-344-0141
Teri.Rademacher@azed.gov

West Maricopa
Jill Castle
480-699-0067
Jill.Castle@azed.gov

Cochise, Graham, Greenlee
Cecilia Nelson
520-452-9054
Cecilia.Nelson@azed.gov

Gila, Pinal
Amy Dill
480-759-1029
Amy.Dill@azed.gov

East Maricopa
Barbra Ross
480-607-3030
Barbra.Ross@azed.gov

Pima, Santa Cruz
Kathy Gray-Mangerson
520-572-0896
Kathleen.Gray-Mangerson@azed.gov

For more information contact the PIN/Child Find Coordinator: Becky Raabe, (928) 679-8106, or Becky.Raabe@azed.gov.
The contents of this publication were compiled by Barb Ross and Teri Rademacher with funds allocated by the U.S. Department of Education under IDEA 2004. These
contents do not necessarily represent the policy of the agency nor should endorsement by the Federal government be assumed. The Arizona Department of Education of
the State of Arizona does not discriminate on the basis of race, religion, color, national origin, sex, disability or age in its programs, activities or in its hiring and
employment practices. If you have questions or concerns related to this policy, please contact the Administrative Services at 602-542-3186. This document is in the
public domain and may be freely reproduced in its current format. For more information, call the Parent Information Network at 877-230-PINS (7467).

Arizona Department of Education
Exceptional Student Services
Parent Information Network
1535 W. Jefferson St, Bin 24
Phoenix, AZ 85007 # 85678