September 2021 – Special Educator e-Journal




Special Education Legal Alert

By Perry A. Zirkel

© August 2021

This month’s update identifies recent court decisions illustrating the evolving COVID-19 issues and answers under various legal bases, including but extending beyond IDEA and § 504. For related information about these issues, see the various sections of perryzirkel.com

In its July 14, 2021 decision in Brach v. Newsom, the Ninth Circuit Court of Appeals addressed the constitutional challenges of two groups of parents—those of public school students and those of private school students—to the school closure policies for distance learning in the immediate wake of the pandemic.  Because only a few of all the students had disabilities, the primary claims were general to the Constitution.  Both groups argued that the initial requirement of distance learning and the subsequent restrictive phased-in plan for re-opening schools for in-person learning violated substantive due process and equal protection under the Fourteenth Amendment.  The federal district court granted summary judgement to the state defendants on these claims and required exhaustion of the IDEA and Section 504 claims (via individual IDEA due process hearings).  The two groups of plaintiff-parents appealed the Fourteenth Amendment rulings to the Ninth Circuit.

As a threshold matter, the Ninth Circuit ruled that the parents’ constitutional claims were not moot despite the state’s loosening of the reopening restrictions after the trial court’s Dec. 21, 2020 decision.

Per the Supreme Court’s recent Diocese precedent in the COVID-19 context, the Ninth Circuit concluded that the state failed to meet its burden of making absolutely clear that its allegedly wrongful conduct could not reasonably be expected to recur.

Next, the court affirmed the lower court’s rejection of the public school plaintiffs’ substantive due process and equal protection claims.

The reason was that the plaintiffs failed to show that the state had deprived them of a fundamental right recognized by either the Supreme Court or the Ninth Circuit.

However, the court reversed the lower court’s ruling for the private school plaintiffs’ constitutional claims, sending them back to the lower court for further proceedings.

Interpreting precedents as establishing a fundamental right of parents to choose private education, the Ninth Circuit—in a 2-to-1 ruling—concluded that the state’s restrictions were not, as a matter of law, sufficiently narrowly tailored to advance the compelling interest in safety.

The Ninth Circuit did not address the lower court’s rulings for the IDEA and Section 504.

The reason was that the parents did not appeal the requirement that they complete a due process hearing before bringing these claims to court.

Unlike the case on the next page, students with disabilities were only a small, incidental part of this one, and the exhaustion requirement postponed and probably ended their attempt to establish a precedent for in-person, in-school instruction during the pandemic.  For public school students more generally, this decision continues the growing line of COVID-19 case law in favor of governmental defendants when faced with constitutional claims.  However, it also serves as a reminder of the potential distinction upon applying the same restrictions on private schools, which may be more robust for parochial schools.  Finally, regardless of one’s perspective, these judicial analyses reinforce the need to avoid knee-jerk or absolutist positions in responding to the COVID-19 pandemic.

In Charles H. v. District of Columbia (2021), a federal court in D.C. addressed the issue of IEP implementation for incarcerated adult students (ages 18–22) with disabilities during the pandemic.  More specifically, the 40 students in this category in the D.C. prison system had, at least for a year, received only sporadic instructional work packets without any feedback, related services, or—unlike younger incarcerated students with IEPs—virtual instruction.  Their claim was denial of FAPE under the IDEA based on a “material” failure to implement their IEPs.  Subject to final court proceedings, they sought a preliminary injunction.  Such immediate court action generally requires a showing of (1) likelihood of success on the merits, (2) irreparable harm; and (3) a supporting balance of the equities, including the public interest.

 

For the first factor, the plaintiff-students claimed that what they had received amounted to a material shortfall in the implementation of both (a) the specially designed instruction (SDI) and (b) the related services in their IEPs. The defendants counter-argued that they had implemented the IEPs “to the greatest extent possible.”

 

The court ruled, based on the requisite preliminary likelihood, that (a) the work packets without any teacher feedback assistance did not amount to SDI and, in any event, fell far short of the specified hours per week in their IEPs; and (b) the belated and partial provision of the related services in their IEPs cumulatively amounted to a material deviation. Conversely, the court rejected, as lacking any credible explanation, the defendants’ prolonged delay in arranging for virtual instruction in contrast to what they had done for the younger incarcerated students with IEPs.

 

For the second factor, the court found that the denial of FAPE in this case, in the context of precedential court decisions, amounted to irreparable injury.

 

The court concluded that not only the denial of FAPE in this case was prolonged and pronounced, but also the defendants’ recent efforts to resolve the material deviation still left the plaintiff students with a shortfall of at least 50% of the SDI and related services in their IEPs.

 

For third factor, the court recognized the governmental interest in discretionary allocation of limited resources but found the countervailing considerations weightier.

 

The considerations included the public interest in avoiding unlawful governmental practices under the IDEA, the availability of increased resources as a result of the recent coronavirus rescue legislation, and the flexibility of using in-person, virtual, or hybrid delivery of the IEP-specified services. 

 

The plaintiff-students sought certification for a class action and remedial relief including IEP-team determined compensatory education.

 

The court granted class certification on a preliminary basis, ordered implementation of the full hours of the students’ IEP services, but declined “at this provisional stage” to award compensatory education.

 

This decision not only illustrates the specialized challenges of a particularly vulnerable IDEA subgroup but also provides a more general message of the vital and only slight adjusted meaning of FAPE for students with all disabilities as a result of the pandemic.

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New Guidance Reaffirms Importance of Full Implementation of Individuals with Disabilities Education Act Amidst COVID-19 Pandemic

The U.S. Department of Education’s Office of Special Education and Rehabilitative Services (OSERS) sent a letter to its state and local partners reiterating its commitment to ensuring children with disabilities and their families have successful early intervention and educational experiences in the 2021-2022 school year.  

This letter outlines a series of question and answers (Q&As) as children and students return to in-person learning. The Q&As focus on topics to help ensure that—regardless of the COVID-19 pandemic or the mode of instruction, children with disabilities receive a free appropriate public education (FAPE) in accordance with the Individuals with Disabilities Education Act (IDEA), and that infants and toddlers with disabilities and their families receive early intervention services.   

“Serving all children and students with disabilities in our public schools isn’t just written into law – it’s a moral obligation and strong equitable practice. When we recognize and celebrate these differences as strengths, and when we help all children make progress toward challenging educational goals, everyone benefits,” said U.S. Secretary of Education Miguel Cardona. “I’m proud that the Department is releasing these tools as part of the federal government’s important and necessary obligation to IDEA.” 

The Q&As document on Child Find Under Part B of the Individuals with Disabilities Education Act released with the letter is the first Q&A in the series and reaffirms the importance of appropriate implementation of IDEA’s child find obligations, which requires the identification, location and evaluation, of all children with disabilities in the states. An effective child find system is an ongoing part of each state’s responsibility to ensure that FAPE is made available to all eligible children with disabilities.    

Other topic areas under IDEA include: 

  • meeting timelines;
  • ensuring implementation of initial evaluation and reevaluation procedures;
  • determining eligibility for special education and related services;
  • providing the full array of special education and related services, that may include compensatory services, for students with disabilities to ensure they receive a FAPE; and
  • delayed evaluations and early intervention services to infants and toddlers with disabilities and their families served under IDEA Part C.

“The pandemic didn’t alter IDEA’s guarantee of FAPE. This school year will be important for children, students, and educators,” said Katherine Neas, acting assistant secretary of OSERS. “These guidance documents are one more example of federal technical assistance available to help states ensure student success.”

Today’s announcement underscores the need for the Department to continue to provide support to states to ensure they have the information necessary to carry out these important requirements and to make good use of the additional American Rescue Plan (ARP) funds to ensure the full implementation of IDEA requirements.

In addition to the resources in today’s announcement, the Department?released?the?Return To School Roadmap, which provides key resources and supports for students, parents, educators, and school communities to build excitement and confidence in returning to classrooms this school year. The Roadmap also outlines how federal funding can support the safe and sustained return to in-person learning and how ARP funds can be used to support these reopening efforts. 

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U.S. Department of Education’s Office for Civil Rights Announces Civil Rights Data Collection for the 2021-22 School Year

The U.S. Department of Education’s Office for Civil Rights announced in a letter to school superintendents that it will administer a 2021-22 Civil Rights Data Collection (CRDC), marking the first time that OCR has conducted a CRDC, including all public school districts and their schools, two years in a row, for 2020-21 and 2021-22. 

The additional collection will help advance equity at a time when the nation’s educational landscape has been impacted by the COVID-19 pandemic and schools are receiving substantial new federal funding to address new and longstanding challenges. Data from the CRDC will inform ongoing decisions regarding additional support that schools, educators, and students need to succeed, and will also assist OCR in meeting its mission to ensure schools and districts are complying with civil rights laws.

“Without timely and robust data about students’ educational experiences, we cannot begin to understand and then address the impact that the pandemic has had – and continues to have – on student learning and success,” said U.S. Secretary of Education Miguel Cardona. “We know that by working together, and by making this data available to educators and the public, we will improve educational opportunities and outcomes for our children and youth.”

The CRDC gathers and publishes key information about student access to educational courses as well as school climate factors, such as use of discipline and student experiences of harassment and assault, from nearly every public school serving students from pre-K through 12th grade in all 50 states, D.C., and Puerto Rico.

“Understanding the impact of the pandemic on students is a critical step to helping them get back on track. This is particularly important in light of reports showing that the pandemic worsened achievement gaps across the country. I applaud the Education Department for taking proactive steps to better understand how the pandemic has affected students and for their effort to examine the disproportionate impact on students of color. Earlier this year, Congress and the Biden Administration made a historic investment in students and schools through the American Rescue Plan. This data will be a vital tool to help schools target resources where they are needed most,” said House Committee on Education and Labor Chairman, U.S. Rep. Robert C. “Bobby” Scott (VA-03).

“I’m glad to see Secretary Cardona’s commitment to collecting robust, quality data on students’ educational experiences,” said U.S. Sen. Patty Murray. “As we build back better from this pandemic, we must work to ensure that all of our students receive an equitable and high-quality education, free from discrimination and harassment – but unfortunately, for too many students, that’s not the case. So it’s critical that we collect data to identify longstanding inequities in our education system in order to address them. I’m glad to have the Department of Education committed to building an education system where every student can thrive, no matter their race, gender identity, sexual orientation, or disability status.”

Today’s announcement ensures that the Department and the public will have the data necessary to better understand the experiences of students as the country continues to grapple with the impacts of COVID-19, especially after the pandemic-related postponement of the 2019-20 CRDC. Recognizing the critical work of school administrators, teachers, specialists, and support staff in ensuring that all students have equal access to education, the Department will continue to provide robust resources to support state educational agencies, districts, and schools in preparing for and completing the ongoing 2020-21 collection, as well as the collection for the 2021–22 school year.

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Biden Administration Extends Student Loan Pause Until January 31, 2022

The U.S. Department of Education (Department) announced a final extension of the pause on student loan repayment, interest, and collections until January 31, 2022. The Department believes this additional time and a definitive end date will allow borrowers to plan for the resumption of payments and reduce the risk of delinquency and defaults after restart. The Department will continue its work to transition borrowers smoothly back into repayment, including by improving student loan servicing.have print disabilities. Included is information about how such students can access textbooks, other instructional materials, and text-reader software at no cost, as well as how teachers can use this information in their daily instructional planning.

“The payment pause has been a lifeline that allowed millions of Americans to focus on their families, health, and finances instead of student loans during the national emergency,” said U.S. Secretary of Education Miguel Cardona. “As our nation’s economy continues to recover from a deep hole, this final extension will give students and borrowers the time they need to plan for restart and ensure a smooth pathway back to repayment. It is the Department’s priority to support students and borrowers during this transition and ensure they have the resources they need to access affordable, high quality higher education.”

The Department will begin notifying borrowers about this final extension in the coming days, and it will release resources and information about how to plan for payment restart as the end of the pause approaches.

Today’s action is one of a series of steps the Department has taken to support students and borrowers, make higher education more affordable, and improve student loan servicing, including:

  • Approving $1.5 billion in borrower defense claims, including extending full relief to approved claims and approving new types of claims.
  • Reinstating $1.3 billion in loan discharges for 41,000 borrowers who received a total and permanent disability discharge and protecting another 190,000 from potential loan reinstatement.
  • Helping 30,000 small business owners with student loans seeking help from the Paycheck Protection Program.

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Buzz from the Hub

All articles below can be accessed through the following links:

https://www.parentcenterhub.org/buzz-july2021-issue2/

https://www.parentcenterhub.org/buzz-aug2021-issue1/

Try CPIR’s Mental Health Resources Page
(Lots of connections to materials in Spanish)
Updated in 2021, this page offers you a quick-connect to resources of all kinds: what to do and where to turn in a mental health crisis, a fact sheet on emotional disturbances, centers of expertise to be sure to visit, where to find mental health services, and organizations dedicated to specific mental disabilities.

Long COVID under Section 504 and the IDEA: A Resource to Support Children, Students, Educators, Schools, Service Providers, and Families
To date, many students have contracted COVID-19 and are still experiencing its effects, in the form of what has come to be calledlong COVID.”  This 8-page resource from OCR and OSERS builds on guidance issued by the Departments of Justice and Health and Human Services concerning long COVID as a disability and clarifies that, for young children and students, long COVID can be a disability that gives rise to IDEA eligibility and may also be a disability under Section 504 and the Americans with Disabilities Act.

Anxiety in People Who Learn and Think Differently
(Available in Spanish: La ansiedad en personas que piensan y aprenden diferente)
People who learn and think differently are more likely to have anxiety than other people. In fact, children with ADHD are up to 3 times more likely to have anxiety than those who don’t have ADHD. Anxiety also often occurs with dyslexia, slow processing speed, and sensory processing issues. This series of articles from understood.org includes an anxiety log that parents can download and use to take notes on when their child gets anxious. The anxiety log is also available in Spanish.

Panic Attacks and How to Treat Them
(Also available in Spanish:Ataques de pánico y cómo tratarlos)
A real panic attack is when you experience sudden, intense physical symptoms — racing heart, sweating, shaking, dizziness, shortness of breath, nausea — and you interpret them to mean something is terribly wrong. People often believe they’re dying. Read more at the Child Mind Institute.

20 Tips for Supporting Team Mental Health
The mental health of each team member is vital to your organization’s performance. Leaders at every level must intentionally and continually commit to finding ways to improve the mental health of their teams.

 Webinar Series for Your Viewing Pleasure

Putting the DEC-Recommended Practices to Work in Parent Centers
The Division for Early Childhood’s (DEC) Recommended Practices offer guidance to parents and professionals who work with young children who have or are at risk for developmental delays or disabilities. CPIR has hosted a series of webinars to spotlight the revised RPs for Parent Centers, the latest taking place on August 5th. Online and available for your learning and sharing pleasure!

Part One | May 2021 | Designed to familiarize listeners with many of the resources and materials to support familyuse of the RPs to promote positive outcomes for young children (0-8) with or at risk of developmental delays and disabilities.

Part Two | August 2021 | Building on Part One, presenters discuss ways to sharethe RPs in the ongoing work of a Parent Center, especially ways in which Parent Centers can use the RPs in their daily work with families.

Bonus Webinar | Act Early Ambassadors 2021 | March 2021 | Heard of the Act Early Ambassadors of the CDC? Considering their work on behalf of very young children, the Ambassadors are perfect partners for Parent Centers. Listen to this webinar and connect with free, parent-friendly resources for developmental monitoring of young children.

Just in Time Tool
(Available in English and Spanish)
The Just in Time tool is designed to help families of children who are deaf or hard of hearing (DHH) connect to family-to-family supports with a focus on state-level resources. The tool contains the most essential resources identified by both families and professionals to address hearing-related needs. Sound like something your Parent Center can use? Paste its badge on your website, and families of children with hearing needs can tap into a wealth of resources in English and Spanish. You can even add to the resources listed…

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Behavioral Progress Monitoring Tools

The National Center on Intensive Intervention’s (NCII’s) updated Behavioral Progress Monitoring Tools Chart represents the results of the second annual review of behavioral progress monitoring tools by the Center’s Technical Review Committee. The Center defines behavioral progress monitoring as repeated measurement of targeted behavior for the purpose of helping educators determine the effectiveness of intervention programs for students in grades K-12 who have intensive social, emotional, or behavioral needs. (Posted 6/18/2014)

http://www.intensiveintervention.org/chart/behavioral-progress-monitoring-tools

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Case Study: Defining Behavior

The IRIS Center’s Case Study Units provide faculty with realistic teaching scenarios for students to use. They are designed to strengthen a student’s understanding of the topic, as well as enhance their problem-solving skills while exploring new content. This case study unit is concerned solely with presenting a research-based strategy for defining behavior. Accurately defining behavior enables teachers to collect accurate information, design an appropriate intervention, and write behavioral goals and objectives for an IEP.

http://iris.peabody.vanderbilt.edu/wp-content/uploads/2013/05/ICS-015.pdf

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Problem Behavior in Preschoolers

(Available in English and Spanish) | Useful to Parent Centers serving families of preschoolers with disabilities or who are exhibiting worrisome behavior problems.

This article from the Child Mind Institute provides guidance on how to know when 3- to 5-year-olds need help with behavior. While most children who are treated for disruptive behavior problems are school-age, there are signs that preschool kids might need help learning to manage their impulses and regulate their behavior. The article summarizes what many of those signs are, including:

  • having more—and more serious—tantrums than typical kids their age;
  • neing kicked out of preschool or excluded from play dates; or

Behavior that is disrupting family life and and putting serious strain on other family members.

Sections of the article include:

  • What kinds of therapy are effective for preschool children?
  • When should you start therapy?
  • How can a parent know when a child might benefit from parent therapy?
  • What about kids who don’t act up, but just don’t obey orders?
  • What happens in parent training?

In each section, additional reading materials are suggested.

Access the English version of  Problem Behavior in Preschoolers at:
https://childmind.org/article/problem-behavior-in-preschoolers-2/

Access the Spanish version, Problemas de Comportamiento en Niños en Edad Preescolar, at:
https://childmind.org/article/problemas-de-comportamiento-en-ninos-en-edad-preescolar/

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Parents Guide to Problem Behavior

 

When children struggle with their behavior, it can have a negative impact on everyone in the family. Parents know they need to respond, but they often aren’t sure what’s the best strategy, especially if a child is frequently acting out and nothing seems to work. This guide from the Child Mind Institute offers parents a comprehensive look at problem behavior. It covers a variety of topics, including:

  • what may be triggering problem behavior,
  • how to improve the parent-child relationship when it becomes strained,
  • what to do if kids are struggling with behavior in school and
  • how to get professional help if you need it.

Access the guide at:https://childmind.org/guide/parents-guide-to-problem-behavior/

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Supporting Families with PBIS at Home

This 8-page brief speaks directly to parents about how to use positive behavioral interventions and supports (PBIS) at home, an approach used in over 25,000 schools as a highly effective way to  build children’s social-emotional-behavioral skills and reduce challenging behaviors. The publication is a collaboration between the Center on Positive Behavioral Interventions and Supports (PBIS) and the Center for Parent Information and Resources (CPIR), and is a  direct response to current stay-in-place policies and school closures resulting from the COVID-19 pandemic.

The recommendations in the brief start with setting routines. Examples are given as to how to adapt school use of PBIS to home use for both elementary and secondary school routines. Another recommendation is to set home expectations of behavior. Again, examples are given of how expectations at school can be adapted to expectations at home. A third recommendation focuses on emphasizing positive feedback over correcting behavior (rule of thumb: aim for a ratio of 5 positive to 1 corrective). This recommendation includes strategies such as reminding children about expectations before an activity and rewarding positive behaviors. Additional recommendations are given about communicating with the school, being creative, and modeling good behavior and well-being.

For your convenience, you can access the brief right here at CPIR:
https://www.parentcenterhub.org/wp-content/uploads/repo_items/supporting-families-pbis-at-home-final.pdf

The brief is also available at the the Center on PBIS.

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Book Review: The New One Minute Manager by Blanchard and Johnson

By Valeria Moyer

 

Abstract

The New One-Minute Manager is a guide to how to be an effective leader. The guidelines, or secrets as the author describes them, includes a three-step guide. They include providing one’s team with one-minute goals, one-minute praises, and one-minute re-directs. These secrets or steps can be followed not just in the business world but also in educational settings. The authors focus on providing insight to leaders on how to be effective and how to collaborate with their teams. Providing the reader with insight on how to follow the three secrets.

In this everchanging world and workforce, one must learn to adapt to the changes that are always occurring. One must learn to be more effective and lead their teams to success. The purpose of this book is to provide guidance to help one lead, supervise, and thrive as a manager.

The authors set out on their quest to become better leaders by interviewing a manager and their team. Throughout the book, one reads about their journey and the dialogue exchange they have with the people they encounter. As they continue interviewing the employees and the manager, they come across the concept of the one-minute manager. The one-minute manager focusses on being quick, effective, and works in collaboration with their team. The one- minute manager is encompassed by following three secrets. The authors do this by providing three secrets on how to be an effective manager. They focus on being a manager that builds relationships through collaboration, positive engagement, and efficacy. The book discusses the three secrets on how to be an effective manager. Those three secrets are detailed as goals. They include creating one-minute goals, one-minute praises, and one minute re-directs. The one – minute goals are about collaborating with your employee and creating goals. This is done to ensure that the employee can assess if what they are doing each day matches the goals they have created. The second goal is the one-minute praise. The one-minute praise is meant for the leader to give to their employee. It consists of praising people and ensuring they know what they did was right. Afterwards, reinforce that they continue this behavior which gives them confidence. The last goal is the one-minute re-directs. This is done by re-directing the employee as soon as a mistake is made.

Main Themes

The New One- Minute Manager focuses on three major themes referred to as secrets. Those themes or secrets are one-minute goals, one-minute praises, and one-minute re-directs. This is done so that the manager and effectively lead their team through collaboration and efficacy.

The first secret is establishing one-minute goals. This is done through collaboration from the manager and the employee. Blanchard and Johnson states “instead of setting our goals for us, he listens to our input and works side by side with to develop them” (pg. 29). This helps creates a relationship and collaboration with the manager and the employee. The establishment of the one-minute goal also contributes to the efficacy of the employee. The one-minute goals are meant to ensure that the goals individuals set are being followed. They must ask themselves if what they are doing or working on matches the goals that were created. This help keep the individual on track and self-monitor themselves.

The next secret is the one-minute praise. This is meant as Blanchard and Johnson states to “be positive by catching people doing something right” (pg. 39). The manager does this so that the individual feels confident in what they are doing, and they continue doing what is right. The authors continue to focus on praises by discussing those praises should be given right away after someone has done something right. Inform the individual of what they did right and make them feel encourage to continue to do the right thing.

The last secret is the one-minute redirect. Blanchard and Johnson states “as soon as he becomes aware of the mistake, he confirms the facts with me and we review what’s gone wrong” (pg. 52). This is done so that the employee can learn from their mistake and make a correction right away. The authors continue to discuss the re-direction process by making sure that managers know to re-direct right away, discuss the mistake together, and ensure your employee knows that they are better than the mistake they made, and you trust in them to be successful.

Key Quotes

“He has a more collaborative approach to leading and motivating people” (pg. 11). Blanchard and Johnson state here that managers have a new approach when managing their teams. They focus more on collaborating with their teams and working together. They also focus on motivating them to obtain the results they seek.

People look for more fulfillment in their work and their lives. They want to feel engaged; they are less willing to trade time on the job to satisfy needs outside of work. the new one-minute manager understands this and treats people accordingly” (pg. 12). Blanchard and Johnson reaffirm here within the theme of the book that managers should be focused on treating people according to their expectations. Now a days, employees seek fulfillment and engagement at work. The authors are aware of this and focus on the managers learning to treat people accordingly.

Leading with collaboration is far more effective than the older command-and-control system” (pg. 21). The authors here make it a point to note the older styles of being a manager. In the past, they refer to management style as being command and control but make note that it is vastly more effective to lead with collaboration.

The most effective managers manage themselves and the people they worked with so that both the people and the organization profit from their presence” (pg. 18). Another key points the authors make here is to ensure that people that are leading their employees and themselves in the direction of self-efficacy. The more efficient you are the more the organizations benefits from them being there.

Specifies exactly what went wrong so I know that he’s on top of things and that he doesn’t want me or my team to be known for poor or mediocre work. since he ends the re-direction by reaffirming that he values me and my teams, its easier for me to not react negatively” (pg. 53). The authors here discuss how a one-minute manager approaches re-direction. Re-direction can at times lead to individuals feeling negative about the experience, the authors here discuss how to re-direct without leaving the employee feeling discontent.

Strengths and Weaknesses

Blanchard and Johnson’s book focuses on creating an efficient and collaborative manager. The three secrets provide a detailed guide on steps to follow to become the one-minute manager. The creation of one-minute goals further supports this idea of efficacy and collaboration between manager and employee. The next secret, the one-minute praise continues to reinforce the behavior of the employee. It gives the manager the opportunity to provide their employee with the reinforcement they seek to feel confident in the work they do. Finally, the last secret the one-minute re-direction provides an opportunity for growth. During this time, the manager addresses when an error has occurred so that the employee can correct the mistake. These guidelines are simple and easy to follow and a strength of the book.

While this book provides insight and value to the three secrets that encompasses being a new one-minute manager, it fails to address continued support for the employees. At times, the approach of the three secrets to being a one-minute manager fail to offer continues development and support to the team. The focus on efficacy and quick responses at time can lead to employees not feeling supported or find resolutions to their problems. Further one on one time might be needed to guide employees to the level of efficacy that is required. The three secrets does not provide opportunities to address one on one time past the basic steps.

Comparison to Fullan

In Fullan’s, Leading in a Culture of Change, he discusses how to be an effective school administrator by collaborating with teachers and stake holders. Fullan describes strategies to be used in the school setting and how to implement them. His book is more focused on educators new to the leadership roles and includes many strategies for mentorships and trainings. It lacks individual guidance for the school leader as it focuses on the overall school leader culture within the school setting. In contrast to Blanchard and Johnson, they focus on providing detailed secrets or steps for the individual leader to follow. Their book is more of a guide for the individual to become a more effective leader. They focus on the leader learning how to follow the three secrets outlined to be more collaborative and effective with their team to obtain success. The New One-Minute Manager focus more on the individual leader and provides them with a guide that can be applied in any setting, not just within a school. 

References

Blanchard, K., Johnson S., (2003). The New One-Minute Manager. New York: Morrow

Fullan, M. (2001). Leading in a Culture of Change. Retrieved from search.ebscohost.com. ezproxy.fiu.edu/login.aspx?direct= true &db=eric&AN=ED467449&site=eds-live

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Book Review: The Making of a Manager: What to do when everyone looks to you

By Samantha Seymour

In the first book by Julia Zhuo, she reflects on her experience working in corporate manager and becoming a young manager at the age of 25. Julia is one of the vice presidents of product design at Facebook, and she shares her experiences and learnings regarding her transition from being a personal contributor and employee at Facebook, to becoming a manager. Julia had to ask herself the important questions: what does a manager do? In this book she goes into detail about someone who has had no formal training learned very quickly how to become a confident manager and lead those around her. When Julia first started her role as a manager at Facebook, she had no experience under her belt and describes what her preconceived notions of a manager were. In the early days as a manger, she believed ger job as a manager would consist of holding meetings with the team and giving feedback on their performance. She believed a manager’s jobs were to have meetings with reports to help solve problems, share feedback about what is going well or what is not, and figure out who should be promoted and who should be fired. She believed those were the three things managers did and was unsure about all the other moving parts.

After a few years of experience Julia became a more strategic leader. She began to realize that a manager’s role was to focus on wider issues rather than smaller things within the office. These wider issues included ensuring her team was working effectively together, helping her team members achieve their career goals, and developing processes to improve efficiency without any issues along the way. But now, nearly a decade of management experience under her belt, Julia believes the answer to what a manager does is far more concise than either of her previous thoughts. A manager’s job as she puts it is to achieve improved outcomes for the team. As you work towards a goal, you’ll begin to recognize the difference between a good manager and a mediocre one. She goes on to explain that you will be able to tell the difference because many people assume a box ticking attitude when considering whether a manager is a good one. For example, she mentions you might assess whether you are hardworking, likable, or good at giving presentations. If they check all those boxes, then they must be a good manager, right?  She goes on to explain that that mentality is not correct, and the outcome of the team they manage can answer the question. She explains the team of a good manager will achieve good results consistently. A great manager is someone whose team gets great results and hits their personal goals.

This book goes into detail about how the path to management determines the first ninety days of your role, why managers need to think less like “fire-fighters”, and how to structure meetings to produce the outcomes you are looking for with your team. This book takes a real, and raw approach to the role of a manager, and how to ensure team success.

Main themes

The making of A Manager is comprised of 8 main ideas that supports individuals as they take the next steps as a manger. This book by Julia Zhuo focuses on the main skills, and practices a good manager needs to have to manage a group of people. She highlights the misconceptions of what other think a manager does and aims to break down the steps for everyone be able to become successful. The following are the ten main themes highlighted in the book.

A Managers job is to get better outcomes from a group of people working together

Although the manager’s responsibility includes exchanging feedback, organizing meetings for staff members, and creating a workflow process, Julie argues that these activities don’t define a successful manager’s main job. She argues one of the main jobs of a successful manager is to achieve great outcomes from a group of people that work together. According to Zhuo there are three main areas that all managers can focus on to support them towards this goal. The first is purpose, you need to ensure your team knows what goal there are aiming for, and ways to achieve that. The second item being people, you must develop relationships to those you are working with to grow the bonds between each other that will allow for everyone to understand each other and be on the same wavelength. The third way she mentioned to achieve this goal is focusing on the process. For managers it is important to master the processes of running effective meetings, looking for future mistakes in planning for tomorrow, the process to each of those is extremely important.

In the first few months of being a manager, your primary job is to listen, ask questions, and learn

No matter where you are starting from whether that is with the same company, moving into a new organization, or taking over someone’s role, in the first three months of you becoming a manager your primary job is to understand the goals of your team, their interests, and expectations. No matter where you are starting from it’s important to start with a blank slate and give everyone the benefit of the doubt. You want to make your own assumptions about people and avoid listening to rumors or comments from others. If you are promoted inside your team at times, it can feel awkward with a new dynamic, however, don’t avoid conversations about career goals and priorities or asking your new teammates about what they like to see in a manager. Some questions that Zhuo likes to ask her new employees are things such as what did you and your manager discuss that was the most helpful to you? What ways do you feel the most supported? How do you like to be recognized for your work? And- imagine that you and I had an amazing relationship what would that look like?  (Pg. 49) This is a great way to transition into a new role and will allow you to take the time you need to get used to the new role and responsibilities along with your teammates.

Trust, and a Healthy Manager Report Relationship

Relationships are one of the main things that builds on healthy manager and peer trust. Managers and employees need to have open forms of communications so that they can express their thoughts and feelings to their managers openly. Zhuo States that you will be able to tell that your employees trust you if the following three statements take place: employees bring their biggest problems to the manager, employees and managers can give each other constructive feedback and don’t take it personally, and employees would gladly work for that manager again (Pg. 63). To make sure those three statements take place building trust is a must for long term relationships that provide support and nourishment.

Feedback is a Fundamental Aspect of a Managers Job

Feedback is one of the most important and powerful tools managers can use to help their teams grow. In the book, Zhuo talks about an employee who let her know that stand up meetings that she was conducting could be replaced with an email update. Being the boss, she really appreciated his honesty and took that into account, but on the other hand it is crucial that you always ask for feedback about your leadership style. By asking this question you can learn how to give ongoing feedback without making it awkward or difficult for your employees. A few ways you can ask your employees to give constructive feedback would be to set expectations at the beginning of what you’re looking for in terms of feedback from them, give and ask for task specific feedback as frequently as you can, and share behavioral feedback thoroughly and regularly with staff.

Great Managers are Self-Aware

Developing a growth mindset is one of the most important things a successful manger can have. If you put in hard work, and you persevere against challenges that lay in front of you, you will not only improve as your role as a manager but will be your confident in your work. Managing a team becomes easier when a manger can look within, and know your own personal strengths, and weaknesses. To be a self-aware manager, you need to understand yourself at your best and worst. This means you need to understand what types of environments help you thrive in, and what skills you need to continue to work on. Knowing yourself and working on yourself will give you the confidence to empower your team to do the same thing for themselves.

Importance of a positive and Healthy Team Culture

Nurturing a great team culture is pivotal for success. Management is not just the relationships with others on the management team, but the relationships with those on your direct team are extremely important. Zhuo Provided tips on things managers can do to nurture a great team culture one of those being discussions about your team what it should value and why. Other things she mentioned were things such as talking to your team members when they showcase behaviors that don’t align with your team values and create rituals and traditions that celebrate your values. At the end of the day your team members look up to you and it’s important to set the right example for them. Team culture is not always a top priority for managers, although team culture is what determines your team’s level of satisfaction and motivation to come to work and do their job properly.

Good Meetings Have Clear Purpose and Clear Outcomes

Often many meetings that are dull and a waste of time for the employees. A manager must understand what topics they want to discuss in whole group and one on one meetings. Once managers identify what’s top of mind for their employees, they can ask questions that are directed towards a specific goal and help understand roots of problems. A key aspect of having productive meetings that accomplishes many things is having a meeting agenda ahead of time. When organizing a team meeting or a one-on-one meeting collaborating on an agenda before the meeting starts shows that you want to be group focused and stick to the meeting’s purpose. Asking for feedback and things to add to the agenda show that you want everyone to contribute to the discussion and for it to be a whole team approach. The key to a successful meeting is never leaving a meeting without clear action items or follow-ups. In this book Zhuo states following up on previous action items is a great way to start the meeting. Meetings being booked without a purpose or going completely off topic are not going to be productive and will be frustrating to those around you.

Imposter Syndrome

Lastly, one of the main themes that Zhou, talks about throughout her book is impostor syndrome. She states that many times throughout her job as a manager she didn’t feel experienced enough or determined enough to be a good manager. However, she does reflect and argues that management is a learning process, even those who have 10 or 15 years under their belt should continue to learn and find new ways to become a leader and that’s what makes individuals successful. Impostor syndrome was mentioned many times throughout the book, and she provides reasoning why some people feel like that and emphasizes the importance of a growth in learning mindset. If a manager feels comfortable in their abilities and doesn’t think they need to learn anymore it is the first sign that things might be awry. Zhuo Focuses on the real issues many managers go through daily and is extremely helpful to read her feedback.

Key Quotes

“Leadership is a quality rather than a job” (Pg 35)- being a leader is a strong quality that someone within management should possess. There is a difference between being a manager and being a leader. You can easily be I’m manager and not be able to be a leader within your community. Alternatively, if you were a leader having that quality would make you a strong manager. Leadership is a quality that not all have, but if you have strong leadership skills you will be successful within you were selected position.

“Your job as a manager, is to get better outcomes from a group of people working together” (Pg. 58)- As a manager, you are responsible for working with the members of your team, so they reach their goals, and the collective goals of the team. The success of a manager reflects directly on the success of the others on the team.

“If you take nothing away from today, he told us, remember this, managing is caring” (Pg. 64) Oftentimes times managers expect results quickly and want fast fixes when it comes to their employees, and don’t care what it takes to get there. When great things happen, it is the result of hard work and perseverance, and the relationship between a manager and their staff. Aside from hitting the collective goals of the team, being a manger means showing those around you, you care about them, their work goals, and their personal goals. This will also allow for employees to open to you, and come to you with issues, or concerns as they arise.

“The goal isn’t to seek praise; the goal is to give our peers a safe opening where they can be honest-even brutally honest- so that we can get the most accurate information” (Pg. 114) Self-awareness is one of the most important traits that a manager, or leader can have. For managers to develop self-awareness they must confront the truth of what others think about them and their skills. It is important that those around them feel comfortable to speak about their opinions about their work performance, and things they can possibly work on. Managers need to ask their employees what they think they can work on, and what would make them a better manager for those around them. Having self-awareness and a growth mindset is some of the key aspects of being a successful manager.

“The most rewarding part of growing my team has been watching our collective capabilities extend far beyond what any one of us could have achieved” (Pg.223) a manager is responsible not only for their own outcomes, but the outcomes of each specific team member. Managers should put their team members as their priority and understand it’s the team’s outcomes is what matters. It’s important to understand that a team in a manager that works well together can produce outcomes that is far greater than anyone individually. Building on each other’s strengths, inputting everyone strength together can produce outcomes that would not be possible for one individual. Managers need to foster their team members’ strengths, and work on their weaknesses so that everyone can work together in a well-oiled machine to create positive outcomes and allow for the team to reach their goals.

Strengths and Weaknesses

The making of a manager- What to do when everyone looks to you stands as a guide to become a productive manager that little to no experience. Zhuo provides key points, and essentially a checklist for someone to become a productive manager that supports their employees and produces favorable outcomes for those around them. Julie Zhuo writes from the perspective of a new manager, and explains the first three months of the job, so a year out and beyond. She provides a real work perspective with council and advice.

The book brings a unique perspective of someone who learned to become a manager and brought you along her journey and talks about what she learned about how it affected her and her team members. This book contains insights from information, and wisdom that was gained from in the moment learning experiences that brings a real-world view to becoming a manager. Zhuo provides a unique step by step guide, and template for managers who have little to no experience in the world of managing others. It builds on its content and moves from the basics within the first three months, to then what to focus on as you reach a year in management. Not only does Zhou provide her personal experience, and learning from being a young manager, she realizes her opinion is not one to use alone. She provides examples from other management books, and leaders to support her ideas when it comes to managers, and leaders.

Although Zhou’s book provides detail of personal experience, and lessons she learned along the way which creates a connection between the author and the reader, you could argue that it could be a deterrent for others. While some readers may connect to her personal experience, in that job setting, and learn from her perspective, others may not be able to connect. Some readers may have a hard time connecting to her experience, and her advice because it’s so personal to her, and could lead to feeling like her advice is too personal, and not universally applicable.

Julia Zhuo is Facebooks VP of product design. She had been working at Facebook before she got promoted, and many of her experiences, and situation she had to deal with within the book came from her experience with Facebook. At times in the second half of the book it was difficult to find the information she was providing applicable to any other job that is outside of Facebook, or the creative design world. Many of the ideas, and perspectives come from a company that is fact moving and has high growth margins. Because of this, the advice provided may not be as applicable to someone in the education field, or someone working in a trade.

Comparison to Fullan

The Making of A Manager by Julia Zhuo relies on personal experience, and her own insight on becoming a manager with no previous experience. She focuses on the fundamentals of what makes a good manager, and attributes a successful manager possesses. Through storytelling, Zhuo recounts her first couple months of being a manager and offers insight and tips on being a strong manager, and what that looks like. Some of the main tips she talked about was trust being a crucial component, giving and receiving feedback, honesty, and transparency, admitting mistakes, and having a growth mindset, and finally, the importance of managing yourself as a manager, and having proper self-awareness. Overall, The Making of A Manager provides an honest, and real look into what it means to be a manager, and how to transition into a managerial role.

As we shift gears, we look at the book by Michael Fullan Leading in A Culture of Change highlights creating new environments, and frameworks that are conducive to learning, and sharing knowledge with those you work with. Fullan provides examples from business to education that describes knowledge sharing and building practices. Fullan talks about explicit knowledge, and tactic knowledge, the difference between the two, and the importance of each. Fullan then goes on to list the core values and practices of leadership required at all levels of the organization both on the business side, and within the education system. In this book Fullan combines his expertise of school reform, along with the latest insights on organizational change and leadership. His book consisted of frameworks for leadership, knowledge sharing along with visuals to support his framework and is easy to use with an education mindset, or business.

Both books have an emphasis on becoming strong leaders for those you manage, and work with, along with strategies to make this a reality. Although both had the same goal, which was to educate readers on becoming successful leaders, they went about it in two very different ways. With The making of a manager, Zhuo focused mainly on her own experience and giving her feedback of what it takes to be successful. Fullan does the same but mentions his research experience, along with personal experience. Zhuo designs her book in a check list fashion, or a how to guide to become a manager by listing a set of skills needed. On the other side, Fullan describes his book in terms of business, and education combined. He takes a more philosophical view when it comes to describing the attributes of a successful leader, and relies of visual frameworks to represent his beliefs on knowledge sharing, leading in an ever changing environment, and imaginative approaches for navigating the change process. The viewpoint in his book comes from a business perspective, and an education perspective. Whereas The making of a manger focuses of one specific culture (Facebook) and relies heavily on that background. Fullan’s book focuses not only about being a manager of a company, but a leader. His book provides general advice, and thoughts about being a leader in many different environments.

Both The making of a manager and Leading in a Culture of Change provide a helpful look into the world of becoming a productive leader within the classroom, or corporate America. While both had some of the same underlying message of strategies and skills to become strong leaders, they both have different ideologies, and core concepts that could help lead individuals down that path to support their career goals, and those who they manage.

References

Fullan, M. (2020b). Leading in a Culture of Change (2nd ed.). Jossey-Bass.

Zhuo, J. (2019). The Making of a Manager: What to Do When Everyone Looks to You (Illustrated ed.). Portfolio.

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Book Review: If You Don’t Feed the Teachers They Eat the Students! A Guide to Success for Administrators and Teachers

By Keishla Candelario

Connors, Neila A. If You Don’t Feed the Teachers They Eat the Students! A Guide to Success for Administrators and Teachers. Nashville, Tennesee: Incentive Publications, 2000. 144pp. $16.00.

“If You Don’t Feed the Teachers, They Eat the Students.” Inspired by her mentor, Neila A. Connors wrote this book to share the legacy of a belief system her mentor left behind. Her passion and inspiration for her work come from personal experiences and interactions with the people she has worked with through the years.

In this book, Connors gave her audience “basic and practical ways to be an outstanding administrator, with “FUN” sprinkled” (p.11). She used a dining experience starting from looking at the menu to paying the check as a step-by-step process for administrators or “head cooks” to reflect and become better leaders. Connors believes that education is a “serious business where educators can make or break a child’s day and impact their future” (p.12). To ensure that teachers feel support and positively impact a student’s life, administrators must support and encourage teachers to take risks. She describes well-adjusted leaders as having the ability to care for others, desire success, handle stress, have good health, think logically, and have fun.

Similar to going to a restaurant and asking for the menu to decide what you would like to eat, administrators should recognize and evaluate their strengths and weaknesses. “A truly successful leader is a reflective leader” (p. 15). Connors shares a self-assessment for administrators in hopes of helping them develop a personal mission statement. Great administrators should possess introspective skills that will help them create better relationships with others. Connors believes that “the main characteristics of a great leader is someone whom others want to follow” (p. 21). Then “Why feed the teachers?” administrators should treat teachers with respect and realize that if they feel support and cared about, they will follow them and support them in return. Administrators can use teachers to find solutions, give them feedback, spread the word, share their knowledge, and support them. Teachers want to work with great leaders who make them feel appreciated and acknowledged.  Aside from encouraging teachers, administrators need to create a positive school climate. “A positive climate sets the tone for success in schools, and the best leaders work diligently to establish and maintain a place where people want to be.” (p. 44). Safety, change, positive attitudes, open communication, human relation skills, active participation, and positive relations are significant components of establishing and maintaining a positive school climate. Just like a fine restaurant, schools should offer the best service every single day. An administrator is like a “Master Chef”; they spend time preparing, planning, and visioning before they begin to cook or implement. Their jobs are not easy, and it takes a special person to take this role. Great administrators act as role models and exhibit great qualities to encourage others to be better. As “master chefs, school administrators serve “M.E.A.L.S” which are meaningful experiences affecting long-term success. When administrators serve “M.E.A.L.S” great things happen for everyone in the school. “A well fed school is a respectful school where everybody is somebody” (p.91). As the “head chef”, if an administrator can’t handle the heat, they need to get out of the kitchen. “If the stress and pressure is too much for you to deal with, you need to change your mind, your behavior, or your profession” (p.95). Knowing how to deal with stress is crucial to be successful in a profession. Education is very stressful unless people know how to deal with stress positively and will not survive in education. “A sense of humor is imperative to be triumphant as a stress buster” (p.104). An administrator that possesses this quality can deal with any situation and set the tone for others. “A positive leader lets the staff know that efforts are appreciated, failure is not fatal, and recognition through fun is central” (p.11). If administrators “feed” the staff by acknowledging their efforts, guided them in the right direction, and encouraging them to be better, they will follow and do the same towards others. At the end of diner, when you receive ask for the check, you always wait for the “M.I.N.T.S” (Masterful Ideas Needed to Survive). “M.I.N.T.S are essential to both personal and professional well-being.” (p.133). Take care of yourself, overcommunicate, be kind, keep students in mind, accept change, have a vision, value others, believe and depend on others, don’t blame others for failure, aspire for more, empower, and never stop learning are all essential to survive and be a better administrator in education.

Connors believes that “Administration is a difficult business and it takes very special people to perform and achieve the actions identified” (p.140) is well supported throughout the whole book. There are many characteristics that an administrator should possess to do their job, stay healthy, and encourage others. Administrators are at the top, and whatever decisions they make will affect everyone else in the school. It is crucial for administrators to understand their responsibility attaining, maintaining, and sustaining excellence to lead others effectively. Although the book was an easy read and engaging, it is also very repetitive. Many of the qualities and characteristics listed by Connors can be adapted in different ways. Many of us need repetition to learn and understand new things, but it may affect the reader’s interest in this book. Similar to Michael Fullan’s book “Leading in a Culture of Change”, Connor provides similar characteristics of effective leaders. Both Fullan and Connors identify expanding their learning, thinking reasonably, building relationships, and keeping people’s best interest in mind. Although both authors compare education to a business and have similar views on great leaders’ characteristics, their books have different goals. Fullan’s book focuses more on administrators leading change. All the characteristics of a great leader will help them effectively lead schools to change and be successful. Unlike Fullan, Connor focuses more on how to be an outstanding administrator. Through the book, Connors emphasizes that it takes a special person to be an administrator, and having great qualities, they will “feed” the teacher, which will “feed” the students and impact the school.

“If You Don’t Feed the Teachers They Eat the Students! A Guide to Success for Administrators and Teachers” attracts readers with the title. This is an engaging and easy to read the book that compares education to a dining experience. Although the book is not research-based focused, it is book is an excellent tool for administrators to reflect on their profession and become great leaders.

References

Connors, A. N. (2000). If You Don’t Feed the Teachers They Eat the Students! A Guide to Success for Administrators and Teachers. Incentive Publications.

Fullan, M. (2001). Leading in a culture of change. San Francisco: Jossey-Bass.

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Acknowledgements

Portions of this or previous month’s NASET’s Special Educator e-Journal were excerpted from:

  • Center for Parent Information and Resources
  • Committee on Education and the Workforce
  • FirstGov.gov-The Official U.S. Government Web Portal
  • Journal of the American Academy of Special Education Professionals (JAASEP)
  • National Collaborative on Workforce and Disability for Youth
  • National Institute of Health
  • National Organization on Disability
  • Substance Abuse and Mental Health Services Administration
  • U.S. Department of Education
  • U.S. Department of Education-The Achiever
  • U.S. Department of Education-The Education Innovator
  • U.S. Department of Health and Human Services
  • U.S. Department of Labor
  • U.S. Food and Drug Administration
  • U.S. Office of Special Education

    The National Association of Special Education Teachers (NASET) thanks all of the above for the information provided for this or prior editions of the Special Educator e-Journal


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