Showing posts with label SST. Show all posts
Showing posts with label SST. Show all posts

Tuesday, February 4, 2020

What is an SST aka Student Study Team and What Do They Do?

By Michelle Ball, California Education Attorney for Students since 1995

Schools seem to chug along unattended- Johnny goes to school and comes home and does his homework and on and on like a spinning wheel.  Then one day, a school administrator calls and says Johnny has been referred for an "SST meeting."  They then give a quick explanation about a school "SST team" which will help Johnny while you, the parent, sit confused, thinking that Johnny is really going to get some help this time, and being thankful that you got this call.  But until you know what an SST meeting or team are, it is hard to know for sure how excited we should get.

So, I thought I would clear up what an SST is, the value of an SST (or lack of value), and what the results should be of an SST.

Okay- I have heard the abbreviation SST interpreted different ways over the years, but here are the most common "definitions" of this term:

-  Student Study Team or their SST Plan or their SST meeting
-  Student Success Team or their SST Plan or their SST meeting
-  Student Support Team or their SST Plan or their SST meeting
-  Supercalifragilisticexpialidocious.... wait no that's not it. 

This SST team is made up of unspecified school staff, such as teachers, administrators, and others working in that system, who may (but don't have to) decide to get together at an SST meeting when a general education student is having struggles in school with his/her studies, behavior, or otherwise.  This is a general education "tool" to try to assist a student, and implement some strategies to avert the student's apparent decline in school.

An SST Plan (just called an "SST") may list areas of difficulty, what the parent will do to help remedy this and minor things the school will do, with responsibility assigned generally to e.g. the "teacher."  

This is great for kids that are not in special education or on a 504 (disability accommodations) plan or who don't want to be.  However, the bad thing about SST plans is that they are not enforceable similar to a 504 or IEP (Individualized Education Program- special education plan).  An SST is nothing if no one decides to do the steps outlined.  So it is important that the staff drafting the SST are honorable and actually implement it.  In other words, parents cannot go in later and say- "You were supposed to do x, y and z for Johnny per the SST!" and file some claim against the school for a remedy. 

SST plans are good when the staff and school are behind them.  In that case, if a student needs some additional general education support, they can help students.  For example, if the plan decides Johnny needs to be checked on more frequently than others, and the teacher does this based on the SST, Johnny could benefit greatly.

I have often seen SSTs touted as things parents have to endure prior to moving to a 504 or IEP assessment, which is not legal.  An SST cannot be mandated to occur BEFORE a 504 or IEP assessment proceeds at parent request.

SSTs also have no legal timelines, unless a timeline is outlined in school or district policy.  In fact, any mandates for SSTs would only be found if a school district bound itself and its schools: for example, if a school board votes to implement a policy that all SST meetings will be held X number of days after parent request, that could potentially obligate them.  However, in that case, the district would have to BIND ITSELF to do this. 

SSTs are basically plans that are great if you have good staff that will actually follow through.  Some schools do, so they are worth a shot.  Parents, however, may have to help the school follow through to implement the SST to help little Johnny.

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

 

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.


READ MORE - What is an SST aka Student Study Team and What Do They Do?

Friday, January 17, 2020

School Recess Restrictions for Discipline- Are These Okay?

By Michelle Ball, California Education Attorney for Students since 1995

Once in awhile, a parent is surprised when their child tells them they were held in during recess by the teacher, and did not get a break that day.  Unfortunately, this may be partially okay for a teacher to do, depending.  Such restrictions cannot be overused and in fact there are arguments against them entirely.  Our trouble is there are conflicting laws on this issue which create confusion.

I met with a family involved in a discipline dispute with a school district.  During our discussion, it came up that the boy who had gotten into trouble had not had any recesses for a long period of time due to continuing behavior issues.  Although this was not the main focus of our discussion, what the family reported to me was disturbing simply as this was the "new" schedule of this boy, one with NO RECESS.  Additionally, the withholding of his recesses did NOT solve his behavior issues.  This was completely inappropriate and open to challenge.  

Per California Education Code section 44807.5:


"The governing board of a school district may adopt reasonable rules and regulations to authorize a teacher to restrict for disciplinary purposes the time a pupil under his or her supervision is allowed for recess." [emphasis added]

This is the entirety of the statute.  Getting NO recess ever is not reasonable or appropriate.

To add confusion to the matter is Section 352 of the California Code of Regulations, Title 5, which states:


"A pupil shall not be required to remain in school during the intermission at noon, or during any recess."

This regulation seems clear, but conflicts with the authority given in section 44807.5 to restrict recess.  Both laws seem to work against each other.  It is confusing to say the least.  Parents just need to do the best with what they have.

Many districts have policies on recess and recess restrictions, so parents need to start there.  What do their policies say?  If they say "no recess or lunch restrictions" the argument should be over. 

No kid should be kept in from every recess nor should they be kept in an entire period of lunch.  Doing so can be challenged by bringing up the above regulation disallowing this.  If the District brings up  §44807.5 the argument would then exist that holding children in all recess or all lunch is unreasonable and does not comply with §44807.5.  Youths need to get out of the classroom to have a break, run around, and just interact socially with other kids. 

Additionally, if such restrictions are occurring, the school may effectively be put on notice that they need to take action to address the issues.  A Student Study Team (SST) meeting, behavior assessment, or other actions could be in order.

School is not only about academics, but is also about socialization, exercise, life, and fun.  It should not be such that it becomes a prison where a student never gets let out of the cage. That would hardly be beneficial for anyone


Best,

Michelle Ball
Education Law Attorney 

LAW OFFICE OF MICHELLE BALL 
717 K Street, Suite 228 
Sacramento, CA 95814 
Phone: 916-444-9064 
Email:help@edlaw4students.com 
Fax: 916-444-1209
[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]


Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

Published 4/5/11, updated 1/17/20 
READ MORE - School Recess Restrictions for Discipline- Are These Okay?

Tuesday, May 3, 2011

Resist Teacher and School Pressure To Drug Your Children For Them To Attend And Be Educated

By Michelle Ball, California Education Attorney for Students since 1995

Under both California and federal law, schools CANNOT make drugging kids a condition of attending school.  This means that if a child is alleged to have "behavior issues" there is no requirement parents seek out a mind-altering substance to control them in the classroom. Despite this, there is often a LOT of pressure from school officials, teachers, etc. for parents to control a non-conforming child by use of drugs.  Prior to giving in to the pressure, PLEASE look at alternative methods of controlling behavior as described below.

Over the years, I have consulted with thousands of parents with problems in the schools. Conflict arises when a student cannot sit in their seat 4-6 hours a day without distracting other students with foot tapping, jokes, fidgeting, or other activity.  The intolerance is large and the schools have become much more focused on CONTROL of children.

Many parents, as a result, have been pressured by the schools to make their child "fit in" within the public school classrooms and their method of instruction.  Unfortunately, the typical classroom does not work for all kids.  As such, parents may hear little hints and/or direct suggestions from a child's teacher that "he may have ADHD (Attention Deficit Hyperactivity Disorder), you should get him evaluated."  Or, "he won't be able to stay in MY classroom unless he gets himself under control- have you looked into XYZ medication?"  The pressure can be intense and unrelenting.

Thankfully, there is NOTHING a school or district can do if you refuse to put your child on medication to control their behavior.  Now, when I talk about medication, I am referring to psychotropic medication.  In general terms, this is medication which is prescribed by an MD (Medical Doctor) or a Psychiatrist to purportedly handle attention, hyperactivity, mood, depression, anxiety, behavior, and other activities that are not "normal."

Before looking to medication as the "answer," consider these options:

1)  Placement in a different setting which allows for more movement, interaction, independent study, etc. -- whatever may work for your child.  There are charter schools, private schools, home schools and many options other than the public schools.
2)  Student Study Team (SST) meeting to develop a support plan for a child in regular education.
3)  504 Plan to develop reasonable accommodations to help your child BE in the classroom, for example:  frequent breaks, the ability to walk around the room or complete a task for the teacher, access to counseling with staff, etc.  There are so many accommodations which can be made if behavior is impacting school, it is unbelievable.  The student, however, has to have some sort of identified disability which impacts learning and/or other areas of existence prior to qualifying for a 504.
4)  Behavior Support Plan (BSP):  These plans may be developed in conjunction with the SST, 504, or special education.  I have been surprised with how many students with behavior problems in school have no and/or inadequate BSPs.  This is a fabulous tool to evaluate and handle behavior issues.
5)  Medical evaluation: a child may also need a full medical evaluation to discover what PHYSICAL problems may be causing behavior issues, such as allergies, vision problems, hearing problems, low thyroid, diabetes, or a myriad of other physical problems impacting behavior.
6)  Alternative Mental Health:  Parents also should consider alternatives to drugging such as listed at the site alternative mental health.com.  This site says it is "the largest site for non-drug approaches for mental health."  As psychotropic drugs may be "mind-altering" to a student and can have severe side effects, I would urge parents to look at every alternative prior to proceeding with drugs for behavior.  There may be another way.

The bottom line is that parents are in charge of their child's mental health and must help them if they have issues.  The school cannot force a parent to drug a child, and parents must be ready to resist the pressure.  You can do it!


Best,
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

READ MORE - Resist Teacher and School Pressure To Drug Your Children For Them To Attend And Be Educated