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My 7yo is on an IEP.  His private BCBA requested to do a school observation, to help us figure out how to best support him at home, as well as additional accommodations to request at school.   The school has stated she is only allowed to do a 20 min observation, and only with me and the principal present as well.   I work full time and cannot be there, plus if I'm there it has a significant chance of changing his behaviors in the classroom.   We are in CA.  Is there any regulations around classroom observations?  

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What is their reasoning for this?  If given a reason, ask for the written policy.  Can you compromise and have you and the principal outside the classroom unbeknownst to your son?

Did the school do an FBA?  Sound like even if they did, it was insufficient if you think additional accommodations are still needed.  Either way (now if they've done an FBA, later if they haven't and you need to request one) you could go the IEE route and the school would have to let the provider do the observation in the time and way that s/he sees fit.

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I found this which says that parents can observe - it's silent on a behavior specialist observing.  https://codes.findlaw.com/ca/education-code/edc-sect-49091-10/  I'm wondering if this is why the school is saying the parent needs to be there.  You might be able to get around this by granting the BCBA educational guardianship for the sole purpose of doing this observation of your child.  Ask the school if this would be OK per their rules.  There's probably a website where you can find out how to do this without getting a lawyer to draft the paperwork.

My school does have a policy on this and a professional is allowed to observe longer than a parent since observations are often required as part of a comprehensive educational evaluation.  The wording with my school is 40 minutes per quarter but it also says per subject (this is for parents).  This means a parent could come in one week and see math for 40 minutes and then come back and see science and PE and ELA and...

Did the BCBA say how long/how many times they would need to observe to have sufficient data to do the evaluation they are looking to do.  If they're looking to provide an FBA, 20 minutes isn't long enough to have sufficient data on which to do a private evaluation.  Also, it's not best practice to have a parent present when a professional is doing an FBA.  If the professional guidance on FBAs doesn't fit with the school's rules, I think you have a good case for the BCBA being able to observe more than 20 minutes.  This is something central admin would need to OK - in other words, you'd need to go over the principal's head.

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I am in CA, too.  I had not done observations for a very long time, but have definitely been reminded lately (just did one yesterday) how valuable they are. Districts are very good at spinning the truth to minimize their risk and obligations to provide FAPE, which often equals dollar signs.  So, while it may be annoying for you to attend, I learned that observing at the same time as the district/administrator, you can have a more intelligent conversation at an IEP meeting about what was observed.  If your BCBA is willing to attend an IEP meeting to discuss their observation, great, but if not, you may want to prioritize being there to offer a likely different perspective that the district will share at a meeting.

For limiting it to 20 minutes, I would push back if you want to see how they are doing in a specific subject, time of day, etc. I often put in writing why it's important to request additional time, etc., and connect it to meaningful parent participation and parent rights to ensure the IEP is being implemented with fidelity. I would definitely require them to put their policy in writing and consider if they keep pushing back if they are required to respond to the denial in the form of  PWN.

I am actually going back and forth with the district because they have denied (verbally) my request to be present at their observations. They are building a case, so they do not want parents to see what is actually taking place when they state he is doing everything independently, etc.  I think they are aware that if we observe in a collaborative manner, it will make their narrative much more difficult to "prove".  So, I am still requesting that they put their policy in writing because two years ago, the policy was the complete opposite, and one of their district staff was required to be at any parent observation.

All that said, keep pushing back and ask your BCBA what is necessary as far as time, as well. Documenting the BCBA's professional opinion and submitting your requests in writing is crucial and is important if you ever file a state complaint or file for due process/mediation.  This is speaking as a parent who has participated in both, and what "saved the day" was that we put everything in writing.  If it isn't in writing, it didn't happen!

 

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