The terms "neighborhood school," "school of residence," or "home school" are often used interchangeably by school districts, parents and others. A child's "school of residence" is the specific school site that he or she would attend if not disabled. "School of residence" is determined by a district procedure that is used to determine what school each child in the district is assigned to, usually it is determined geographically according to the address of the parents. This is the school you would enroll your child in if there wasn't an IEP in the mix.
There is no absolute requirement that children attend their school of residence, even if they are fully included in a general education setting. The choice of appropriate placement depends on the child's unique needs as determined by the IEP team. Some school districts have policies that require all kids with IEPs who are placed in general education to be placed in their home school. Although this may be beneficial to some kids, there are parents who have concerns about the lack of an individualized decision in these situations. On the other hand, many parents may be in a school district that does not have such a policy, but instead may have a practice of grouping kids with IEPs at particular school sites that have inclusion support and other services. Parents in those districts may be concerned about the fact that their child then cannot be included in their "neighborhood school" with kids from their community.
Ultimately, parents have to be included in any team that is making placement decisions about their child. A child's school of residence is one placement consideration on the continuum of available options, and parents should think about the positive benefits of placement in the neighborhood school and discuss these benefits with the team.
Showing posts with label LRE. Show all posts
Showing posts with label LRE. Show all posts
Friday, July 31, 2009
Thursday, July 30, 2009
Breaking Down the IEP: Explanation of Non-Participation in Regular Education
Many of the other required content components of a written IEP document are directed at how a child can and will participate in the general education curriculum and regular education environment.
To recap: PLOP must state how a child's disability affects his/her involvement and progress in the general curriculum. Goals must be included that enable the child to be involved in and progress in general curriculum. The statement of special education and related services must include those services that are required to enable the child to progress in general education curriculum as well as to participate in activities with and be educated with non-disabled peers. Supplementary aids and services must be included that allow the child to participate in general education to the maximum extent appropriate. Even supports necessary for staff can be related to a child's participation in general education.
After all of that effort to include components geared towards inclusion in general education, it logically follows that if a child is still unable to participate in general education to any extent, that should also be documented.
The IDEA requires that the written IEP document include:
Look to your state's education code as well, as there may be additional language requiring documentation of a child's non-participation in general education. California law, for example, required the District to "document its rationale for placement in other than the pupil's school and classroom in which the pupil would otherwise attend if the pupil were not handicapped. The documentation shall indicate why the pupil's handicap prevents his or her needs from being met in a less restrictive environment even with the use of supplementary aids and services." Title 5, California Code of Regulations, section 3042(b).
In any event, the IEP document must include at a minimum an explanation that describes the extent to which the child will not participate in a regular class and activities. This can be done a number of ways. The IEP document may include a percentage of time, that indicates for X% child will be placed in general education classes, and for X% child will be placed in a special education setting. The IEP document may list specific time periods, subjects or classes, such as "child will participate in a general education class / setting for homeroom, math, science, social studies, computers, lunch and recess; child will participate in a special education classroom for language arts and reading." The IEP document needs to be clear so that those developing and implementing it understand how much the child is not to participate in the general education setting. It is also good practice to indicate the explanation, or justification, for removal from that setting.
The requirement refers not only to a regular classroom, but also to regular activities. Therefore, the extent to which the child will not be able to participate in regular education activities should also be documented in the IEP. This may include extracurricular and nonacademic activities in some cases, or may indicate recess, assemblies, etc.
These requirements are built into what is to be included in the IEP document in order to prompt the IEP team to fully consider LRE. If the IEP team needs to document an explanation for the child's nonparticipation in a general education setting, the theory is that it will give more careful consideration to the determination that the child should be removed from that setting.
Remember, like all required content, this statement should give parents enough information to fully participate in the development of the IEP. Parents need to understand when, why and how a child will be removed from the least restrictive environment in order to fully consider such an option.
To recap: PLOP must state how a child's disability affects his/her involvement and progress in the general curriculum. Goals must be included that enable the child to be involved in and progress in general curriculum. The statement of special education and related services must include those services that are required to enable the child to progress in general education curriculum as well as to participate in activities with and be educated with non-disabled peers. Supplementary aids and services must be included that allow the child to participate in general education to the maximum extent appropriate. Even supports necessary for staff can be related to a child's participation in general education.
After all of that effort to include components geared towards inclusion in general education, it logically follows that if a child is still unable to participate in general education to any extent, that should also be documented.
The IDEA requires that the written IEP document include:
"an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in activities[]."20 U.S.C. section 1414(d)(1)(A)(V)
Look to your state's education code as well, as there may be additional language requiring documentation of a child's non-participation in general education. California law, for example, required the District to "document its rationale for placement in other than the pupil's school and classroom in which the pupil would otherwise attend if the pupil were not handicapped. The documentation shall indicate why the pupil's handicap prevents his or her needs from being met in a less restrictive environment even with the use of supplementary aids and services." Title 5, California Code of Regulations, section 3042(b).
In any event, the IEP document must include at a minimum an explanation that describes the extent to which the child will not participate in a regular class and activities. This can be done a number of ways. The IEP document may include a percentage of time, that indicates for X% child will be placed in general education classes, and for X% child will be placed in a special education setting. The IEP document may list specific time periods, subjects or classes, such as "child will participate in a general education class / setting for homeroom, math, science, social studies, computers, lunch and recess; child will participate in a special education classroom for language arts and reading." The IEP document needs to be clear so that those developing and implementing it understand how much the child is not to participate in the general education setting. It is also good practice to indicate the explanation, or justification, for removal from that setting.
The requirement refers not only to a regular classroom, but also to regular activities. Therefore, the extent to which the child will not be able to participate in regular education activities should also be documented in the IEP. This may include extracurricular and nonacademic activities in some cases, or may indicate recess, assemblies, etc.
These requirements are built into what is to be included in the IEP document in order to prompt the IEP team to fully consider LRE. If the IEP team needs to document an explanation for the child's nonparticipation in a general education setting, the theory is that it will give more careful consideration to the determination that the child should be removed from that setting.
Remember, like all required content, this statement should give parents enough information to fully participate in the development of the IEP. Parents need to understand when, why and how a child will be removed from the least restrictive environment in order to fully consider such an option.
Wednesday, July 29, 2009
Breaking Down the IEP: Statement of Program Modifications
In addition to special education, services and supplementary aids and supports that are provided directly to the child, as discussed in the previous report, the written IEP document also includes those supports that are provided to school personnel. These modifications and supports may be critical to the child's ability to progress in his/her program and to the determination of the child's least restrictive environment, and this factor should not, therefore, be glossed over by the team or in the document.
The IDEA requires the written IEP document to include:
"a statement of the program modifications or supports for school personnel that will be provided for the child (aa) to advance toward attaining the annual goals; (bb) to be involved in and make progress in the general education curriculum... and to participate in extracurricular and other nonacademic activities; and (cc) to be educated and participate with other children with disabilities and nondisabled children in the activities described in [the IDEA]."
20 U.S.C. section 1414(d)(1)(A)(IV)
Program Modifications
Modifications generally involve changes to the program in terms of what a child is expected to produce or demonstrate within the curriculum. A change in the child's instructional level (i.e. reducing the grade level of what is presented) or a change in the content (i.e. reducing the amount or changing what is presented) can be program modifications. Likewise, if the format or performance criteria for tests and other curriculum-based achievement measures is substantially changed, so that what is being expected / tested is actually different, that would be considered a program modifications.
Modifications can be distinguished from reasonable accommodations. Accommodations can also be important to a child's individualized plan, but do not involve substantial alteration of what is expected in terms of performance and achievement within the curriculum. Accommodations may involve differences in how material is presented, how homework is given, how a test format looks, the setting, timing, etc. Accommodations in a classroom may involve preferential seating, repeated directions and reminders, etc, to assist the child in having an equal opportunity to learn.
Supports for School Personnel
These supports include "services that are provided to the teachers of a child with a disability to help them to more effectively work with the child." Comments to 1999 regulations, at page 12,593. These services could include collaboration and communication with other providers or supports provided within the classroom. "Supports for school personnel could also include special training for the child's teacher... [such training] would normally be targeted directly at assisting the teacher to meet a unique and specific need of the child, and not simply to participate in an inservice training program that is generally available within a public agency." Comments to 1999 regulations at page 12,593.
There is a difference, therefore, in training that is provided to everyone, versus training that is provided to this particular teacher based on this particular child's needs. However, even if the teacher is attending an inservice that is available to others, there may be an argument for having this documented in the IEP. The team needs to remain focused on the unique needs of this child, and if the teacher requires additional inservice training to meet those needs, training he/she would not require if this particular child were not to be placed in his/her classroom, then this is an appropriate part of the IEP document.
Relationship to Child's Goals and Individual Program
Program modifications and supports for personnel that should be included in the written IEP are those that are necessary for the child to make progress towards annual goals and towards general education curriculum. The IEP team needs to consider the child's individual goals, and how those goals will be met. Does the teacher require training, support or assistance to be able to provide the research-based specialized instruction that the team has determined to be appropraite? If so, that may need to be added to the IEP.
Relationship to General Education Curriculum and Least Restrictive Environment
The relationship between program modifications and supports for personnel to a child's access to the general education curriculum is so important that the IDEA specifies that the general education teacher participating in the development of the IEP must be involved in the determination of such modifications and supports, as well as any supplementary aids and services provided to the child. See 34 C.F.R. section 300.324(a).
Modifications to the program may be required in order for the child to be involved in and progress in the general education curriculum, and the necessity of such modifications should not be considered evidence that general education curriculum isn't appropriate. Rather, the IEP team needs to decide, and document, what modifications are appropriate on an individual basis so that the child can access the general education curriculum in a manner that is appropriate to his / her unique needs and learning difficulties while still allowing for progress.
A school district may state that if a child requires program modifications, rather than merely accommodations in the classroom, then it is not appropriate for that child to be in a general education classroom. This position is not consistent with the IDEA's preference for least restrictive environment, or with the statute's requirement that the written IEP document include a statement of program modifications that allow for the child to be involved in the general education curriculum and to be educated and participate with nondisabled peers.
Likewise, the IEP team needs to fully consider, and clearly document, supports for personnel that are required in order for the child to access general education curriculum and to access the Least Restrictive Environment. Maybe the general education teacher needs some in-service training related to the child's disability or to behavioral strategies or communication strategies so that the child can be in the general education classroom; if the training is required specifically to meet your child's individual needs, this in-service should be documented as a support for the personnel. Perhaps the teacher needs additional assistance in the classroom, even if the child does not individually require a 1:1 aide; if so, this support should be documented in the IEP. Even something like consultative time from the child's related services providers may be considered an important support for the teacher and staff. It is important that the general education teacher be an active participant in these discussions, and that the IEP document clearly indicate what supports will be provided.
The IDEA requires the written IEP document to include:
"a statement of the program modifications or supports for school personnel that will be provided for the child (aa) to advance toward attaining the annual goals; (bb) to be involved in and make progress in the general education curriculum... and to participate in extracurricular and other nonacademic activities; and (cc) to be educated and participate with other children with disabilities and nondisabled children in the activities described in [the IDEA]."
20 U.S.C. section 1414(d)(1)(A)(IV)
Program Modifications
Modifications generally involve changes to the program in terms of what a child is expected to produce or demonstrate within the curriculum. A change in the child's instructional level (i.e. reducing the grade level of what is presented) or a change in the content (i.e. reducing the amount or changing what is presented) can be program modifications. Likewise, if the format or performance criteria for tests and other curriculum-based achievement measures is substantially changed, so that what is being expected / tested is actually different, that would be considered a program modifications.
Modifications can be distinguished from reasonable accommodations. Accommodations can also be important to a child's individualized plan, but do not involve substantial alteration of what is expected in terms of performance and achievement within the curriculum. Accommodations may involve differences in how material is presented, how homework is given, how a test format looks, the setting, timing, etc. Accommodations in a classroom may involve preferential seating, repeated directions and reminders, etc, to assist the child in having an equal opportunity to learn.
Supports for School Personnel
These supports include "services that are provided to the teachers of a child with a disability to help them to more effectively work with the child." Comments to 1999 regulations, at page 12,593. These services could include collaboration and communication with other providers or supports provided within the classroom. "Supports for school personnel could also include special training for the child's teacher... [such training] would normally be targeted directly at assisting the teacher to meet a unique and specific need of the child, and not simply to participate in an inservice training program that is generally available within a public agency." Comments to 1999 regulations at page 12,593.
There is a difference, therefore, in training that is provided to everyone, versus training that is provided to this particular teacher based on this particular child's needs. However, even if the teacher is attending an inservice that is available to others, there may be an argument for having this documented in the IEP. The team needs to remain focused on the unique needs of this child, and if the teacher requires additional inservice training to meet those needs, training he/she would not require if this particular child were not to be placed in his/her classroom, then this is an appropriate part of the IEP document.
Relationship to Child's Goals and Individual Program
Program modifications and supports for personnel that should be included in the written IEP are those that are necessary for the child to make progress towards annual goals and towards general education curriculum. The IEP team needs to consider the child's individual goals, and how those goals will be met. Does the teacher require training, support or assistance to be able to provide the research-based specialized instruction that the team has determined to be appropraite? If so, that may need to be added to the IEP.
Relationship to General Education Curriculum and Least Restrictive Environment
The relationship between program modifications and supports for personnel to a child's access to the general education curriculum is so important that the IDEA specifies that the general education teacher participating in the development of the IEP must be involved in the determination of such modifications and supports, as well as any supplementary aids and services provided to the child. See 34 C.F.R. section 300.324(a).
Modifications to the program may be required in order for the child to be involved in and progress in the general education curriculum, and the necessity of such modifications should not be considered evidence that general education curriculum isn't appropriate. Rather, the IEP team needs to decide, and document, what modifications are appropriate on an individual basis so that the child can access the general education curriculum in a manner that is appropriate to his / her unique needs and learning difficulties while still allowing for progress.
A school district may state that if a child requires program modifications, rather than merely accommodations in the classroom, then it is not appropriate for that child to be in a general education classroom. This position is not consistent with the IDEA's preference for least restrictive environment, or with the statute's requirement that the written IEP document include a statement of program modifications that allow for the child to be involved in the general education curriculum and to be educated and participate with nondisabled peers.
Likewise, the IEP team needs to fully consider, and clearly document, supports for personnel that are required in order for the child to access general education curriculum and to access the Least Restrictive Environment. Maybe the general education teacher needs some in-service training related to the child's disability or to behavioral strategies or communication strategies so that the child can be in the general education classroom; if the training is required specifically to meet your child's individual needs, this in-service should be documented as a support for the personnel. Perhaps the teacher needs additional assistance in the classroom, even if the child does not individually require a 1:1 aide; if so, this support should be documented in the IEP. Even something like consultative time from the child's related services providers may be considered an important support for the teacher and staff. It is important that the general education teacher be an active participant in these discussions, and that the IEP document clearly indicate what supports will be provided.
Friday, July 10, 2009
Fast Fact Friday: Nonacademic Services and Extracurricular Activities
What are Nonacademic Services and Extracurricular Activities?
IDEA specifies that these services / activities may include "counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities and employment of students, including both employment by the public agency and assistance in making outside employment available." 34 C.F.R. 300.107(b).
Extracurricular activities are basically those activities that school age kids participate in beyond the classroom setting, like sports, clubs, etc.
Mandate for Equal Opportunity:
IDEA 2004 states that "each public agency must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child's IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities." 34 C.F.R. 300.107(a).
Under Section 504, Districts are required to provide nonacademic services and athletics in the manner necessary so as to afford students with disabilities an equal opportunity for participation in such services and activities. 34 C.F.R. 104.37(a)(1). Failure to ensure equal opportunity could give rise to a claim of discrimination under this Act.
What should the IEP team do?
IDEA 2004 broadened the definition of supplementary supports and services by specifying that such aids, supports and services are provided not only in the regular classroom setting and other education-related settings, but also within extracurricular and non-academic settings. 34 C.F.R. 300.42. This means that the IEP team must consider what supports may be necessary to ensure that the child has the ability to participate in the same extracurricular activities as are available to his/her non-disabled peers. For example, the student may need 1:1 assistance and support to attend club meetings or other activities; or require accommodations / modifications within the program.
IDEA specifies that these services / activities may include "counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities and employment of students, including both employment by the public agency and assistance in making outside employment available." 34 C.F.R. 300.107(b).
Extracurricular activities are basically those activities that school age kids participate in beyond the classroom setting, like sports, clubs, etc.
Mandate for Equal Opportunity:
IDEA 2004 states that "each public agency must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child's IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities." 34 C.F.R. 300.107(a).
Under Section 504, Districts are required to provide nonacademic services and athletics in the manner necessary so as to afford students with disabilities an equal opportunity for participation in such services and activities. 34 C.F.R. 104.37(a)(1). Failure to ensure equal opportunity could give rise to a claim of discrimination under this Act.
What should the IEP team do?
IDEA 2004 broadened the definition of supplementary supports and services by specifying that such aids, supports and services are provided not only in the regular classroom setting and other education-related settings, but also within extracurricular and non-academic settings. 34 C.F.R. 300.42. This means that the IEP team must consider what supports may be necessary to ensure that the child has the ability to participate in the same extracurricular activities as are available to his/her non-disabled peers. For example, the student may need 1:1 assistance and support to attend club meetings or other activities; or require accommodations / modifications within the program.
Wednesday, July 8, 2009
Related Service: Transportation
Under the law transportation is a related service akin to services such as speech and language, OT, PT, and counseling. See 20 U.S.C. 1401(a)(22). A school district is required to offer transportation services if it is required to assist the child with a disability to benefit from special education. See 34 CFR 300.24(15)(a).
Transportation includes: (1) travel to and from and between schools; (2) travel in and around school buildings; and (3) specialized equipment, such as special or adapted buses, lifts, and ramps, if required to provide special transportation for a child with a disability. See 34 CFR 300.24(b)(15).
Is my student entitled to transportation?
If a school district provides transportation to general education students then it must provide transportation to special education students to any program to which it assigns a special education student. That is a district can not discriminate against students with disabilities by not providing them with transportation services. However, if a school district, does not provide transportation to the general education students then it must decide on an individualized basis whether or not a student requires transportation as a related service in order to receive a FAPE. A school district must ensure that they consider the IDEA's LRE mandate in making transportation decisions.
Should my student's IEP include transportation?
If the student qualifies for transportation as a related service then the IEP should clearly explain the transportation. If a student is capable of using the same transportation services as a student without a disability the IDEA does not require transportation to be listed as a related service in the IEP. See Letter to Hamilton, 25 IDELR 520 (OSEP 1996).
The IEP team should also take into consideration other factors when offering transportation in order to assure that the IEP offers a FAPE. For instance the team should consider if the student requires specialized equipment such as a special or adapted vehicle, a lift, a ramp, seat restraints, security devices, such as a harness or vest, a car seat, air-conditioning and/or tinted windows.
The IEP team should also consider whether it is appropriate for personnel to assist the student. If the student requires personalized services within the classroom, then it would be appropriate for the IEP team to consider whether the student required personal assistance while being transported.
A school district should also consider whether a change in policy is necessary to accommodate a student with a disability, such as allowing a student with diabetes to have a snack on a bus.
Where will my child be transported to and from?
It depends on what is appropriate for the student. A student may be picked up from a bus stop if it is appropriate but if their disability prevents them from being at the bus stop then home to school transportation may be appropriate. For example, if the student does not understand potential safety hazards then it may not be appropriate for the student to be picked up at a bus stop.
A school district will also be obligated to transport a student for an extracurricular or nonacademic activity if it is related to the student's IEP goals and objectives.
How much time should a student be on a bus?
Neither the IDEA or Section 504 specifically address the appropriate length of bus rides for students with disabilities. In general, a school district must consider the length of a bus ride, proximity of student's home to placement and overall impact on the student. Some states regulate the length of a bus ride by establishing a maximum amount of time a student may be on a bus. Excessive travel time can result in a denial of FAPE as excessive daily commuting to a placement may suggest the need for a residential placement. What constitutes an excessive amount of time, once again, depends on the student, his or her disability, overall health condition and norms for the region. A general rule, however, is that the student's daily commute should not greatly exceed one hour each way. See e.g., Bonadonna v. Cooperman, 557 IDELR 178 (D.N.J. 1985); Covington Community Sch. Corp, 18 IDELR 180 (SEA IN 1991); Kanawho County (WV) Pub. Sch., 16 IDELR 450 (OCR 1987).
Furthermore, a school district should not shorten the school day to accommodate bus schedules for a special education student. See Palm Beach County (FL) Sch. Dist., 31 IDELR 37 (OCR 1998); Jim Thorpe (PA) area Sch. Dist., 20 IDELR 78; Lincoln County (NC) Sch. Dist., 17 IDELR 1052 (OCR 1991). Students with disabilities must be given a comparable length of school day and week as non-disabled students, unless there is a compelling specific reason.
There may be other factors to take into consideration when determining the specifics of transportation as a related service for your student - if you need more help contact a special education attorney in your area.
Transportation includes: (1) travel to and from and between schools; (2) travel in and around school buildings; and (3) specialized equipment, such as special or adapted buses, lifts, and ramps, if required to provide special transportation for a child with a disability. See 34 CFR 300.24(b)(15).
Is my student entitled to transportation?
If a school district provides transportation to general education students then it must provide transportation to special education students to any program to which it assigns a special education student. That is a district can not discriminate against students with disabilities by not providing them with transportation services. However, if a school district, does not provide transportation to the general education students then it must decide on an individualized basis whether or not a student requires transportation as a related service in order to receive a FAPE. A school district must ensure that they consider the IDEA's LRE mandate in making transportation decisions.
Should my student's IEP include transportation?
If the student qualifies for transportation as a related service then the IEP should clearly explain the transportation. If a student is capable of using the same transportation services as a student without a disability the IDEA does not require transportation to be listed as a related service in the IEP. See Letter to Hamilton, 25 IDELR 520 (OSEP 1996).
The IEP team should also take into consideration other factors when offering transportation in order to assure that the IEP offers a FAPE. For instance the team should consider if the student requires specialized equipment such as a special or adapted vehicle, a lift, a ramp, seat restraints, security devices, such as a harness or vest, a car seat, air-conditioning and/or tinted windows.
The IEP team should also consider whether it is appropriate for personnel to assist the student. If the student requires personalized services within the classroom, then it would be appropriate for the IEP team to consider whether the student required personal assistance while being transported.
A school district should also consider whether a change in policy is necessary to accommodate a student with a disability, such as allowing a student with diabetes to have a snack on a bus.
Where will my child be transported to and from?
It depends on what is appropriate for the student. A student may be picked up from a bus stop if it is appropriate but if their disability prevents them from being at the bus stop then home to school transportation may be appropriate. For example, if the student does not understand potential safety hazards then it may not be appropriate for the student to be picked up at a bus stop.
A school district will also be obligated to transport a student for an extracurricular or nonacademic activity if it is related to the student's IEP goals and objectives.
How much time should a student be on a bus?
Neither the IDEA or Section 504 specifically address the appropriate length of bus rides for students with disabilities. In general, a school district must consider the length of a bus ride, proximity of student's home to placement and overall impact on the student. Some states regulate the length of a bus ride by establishing a maximum amount of time a student may be on a bus. Excessive travel time can result in a denial of FAPE as excessive daily commuting to a placement may suggest the need for a residential placement. What constitutes an excessive amount of time, once again, depends on the student, his or her disability, overall health condition and norms for the region. A general rule, however, is that the student's daily commute should not greatly exceed one hour each way. See e.g., Bonadonna v. Cooperman, 557 IDELR 178 (D.N.J. 1985); Covington Community Sch. Corp, 18 IDELR 180 (SEA IN 1991); Kanawho County (WV) Pub. Sch., 16 IDELR 450 (OCR 1987).
Furthermore, a school district should not shorten the school day to accommodate bus schedules for a special education student. See Palm Beach County (FL) Sch. Dist., 31 IDELR 37 (OCR 1998); Jim Thorpe (PA) area Sch. Dist., 20 IDELR 78; Lincoln County (NC) Sch. Dist., 17 IDELR 1052 (OCR 1991). Students with disabilities must be given a comparable length of school day and week as non-disabled students, unless there is a compelling specific reason.
There may be other factors to take into consideration when determining the specifics of transportation as a related service for your student - if you need more help contact a special education attorney in your area.
Thursday, July 2, 2009
Civil Rights in Education
Today is the 45th Anniversary of the signing of the Civil Rights Act. Title VI prohibited discrimination on the basis of race, color or national origin in programs receiving federal financial assistance, including public schools. Ten years prior, in 1954, the Supreme Court issued its ruling in Brown vs. Board of Education, finding that "racially segregated schools are inherently unequal."
Education has been called the civil rights issue of our generation. Although we have come a long way since Brown, the Civil Rights Act, the subsequent Education of the Handicapped Act, and other legislation, there are still disparities in education that affect minorities, children living in poverty or homelessness, and children with disabilities.
Disability advocates should always be aware of the civil rights movement as the foundation for what we now do. Following Brown vs. Board of Education, courts began to recognize that other types of segregation and seclusion also existed, and the issue of access to education became an issue for persons with disabilities. Parents began raising equal education opportunity as a right that existed for their children, who had been prevented from even attending schools because of their disabilities. In 1972, a consent order was entered in a case involving the Pennsylvania Association for Retarded Children, requiring the public school system to ensure a free public program of education and training to children with "exceptional" needs. In the same year, Mills v. Board of Education was decided in the District Court for the District of Columbia, and found that exclusion from publicly supported instruction was unconstitutional. The Mills case established a substantive entitlement to a free and suitable publicly supported education. These two cases were based upon the principle that if a public education agency undertook to educate all of the children in its area, it could not then exclude children with exceptional needs simply because they require greater resources to educate. Within these foundational cases was also established the idea of a "preference" for placement within a regular, public school placement.
Today, inclusion in a regular public school placement is still an issue of contention for many students with disabilities. The right to placement in the "least restrictive environment" is a contentious issue in many cases. Separate public schools exist where students with disabilities are placed separately from their non-disabled peers, which some argue is tantamount to segregation. On the other hand, because publicly supported education must be appropriate for the unique needs of the individual students, sometimes a separate specialized setting is required.
In the extreme, some students are still denied access to school because of the severity of their disabilities. In my own career, I have known a child whose parents' only wish was for him to be able to attend his neighborhood school, and he was never allowed to do so.
The right to equal educational opportunity and access has come a long way since 1954 for the groups of persons who have historically been denied that access. Unfortunately, on a daily basis I am reminded how far we still have to go as a society to reach the point where exclusion, discrimination, and the denial of meaningful educational benefit, be it on the basis of race, disability, or poverty, no longer exists in our schools. Only when we eliminate discrimination in schools and ensure truly equal access to a meaningful education will society as a whole move towards greater inclusion of all persons.
Education has been called the civil rights issue of our generation. Although we have come a long way since Brown, the Civil Rights Act, the subsequent Education of the Handicapped Act, and other legislation, there are still disparities in education that affect minorities, children living in poverty or homelessness, and children with disabilities.
Disability advocates should always be aware of the civil rights movement as the foundation for what we now do. Following Brown vs. Board of Education, courts began to recognize that other types of segregation and seclusion also existed, and the issue of access to education became an issue for persons with disabilities. Parents began raising equal education opportunity as a right that existed for their children, who had been prevented from even attending schools because of their disabilities. In 1972, a consent order was entered in a case involving the Pennsylvania Association for Retarded Children, requiring the public school system to ensure a free public program of education and training to children with "exceptional" needs. In the same year, Mills v. Board of Education was decided in the District Court for the District of Columbia, and found that exclusion from publicly supported instruction was unconstitutional. The Mills case established a substantive entitlement to a free and suitable publicly supported education. These two cases were based upon the principle that if a public education agency undertook to educate all of the children in its area, it could not then exclude children with exceptional needs simply because they require greater resources to educate. Within these foundational cases was also established the idea of a "preference" for placement within a regular, public school placement.
Today, inclusion in a regular public school placement is still an issue of contention for many students with disabilities. The right to placement in the "least restrictive environment" is a contentious issue in many cases. Separate public schools exist where students with disabilities are placed separately from their non-disabled peers, which some argue is tantamount to segregation. On the other hand, because publicly supported education must be appropriate for the unique needs of the individual students, sometimes a separate specialized setting is required.
In the extreme, some students are still denied access to school because of the severity of their disabilities. In my own career, I have known a child whose parents' only wish was for him to be able to attend his neighborhood school, and he was never allowed to do so.
The right to equal educational opportunity and access has come a long way since 1954 for the groups of persons who have historically been denied that access. Unfortunately, on a daily basis I am reminded how far we still have to go as a society to reach the point where exclusion, discrimination, and the denial of meaningful educational benefit, be it on the basis of race, disability, or poverty, no longer exists in our schools. Only when we eliminate discrimination in schools and ensure truly equal access to a meaningful education will society as a whole move towards greater inclusion of all persons.
Friday, May 1, 2009
So what is a NPS anyways?
A Non-Public School ("NPS") is a privately operated, publicly funded school that specializes in providing educational services for students with needs so exceptional they cannot be met in a public school setting. (cacfs.org)
Can my child go to a NPS?
The decision to place a child in a NPS is an IEP team decision. In making a placement determination, the local education agency ("LEA") must ensure that a continuum of program options is available to meet the needs of your child. Thus, when a school district is making its offer to your child, it must consider all or any combination of the following:
Once your child is enrolled in a NPS, that NPS must provide all services specified in the IEP, unless the NPS and LEA agree otherwise.
NPS & the least restrictive environment ("LRE")
A frequently used phrase in special education is least restrictive environment.
Under the IDEIA, LRE is: "to the maximum extent appropriate, children with disabilities . . . are educated with children who are not disabled, and . . . removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily." 20 U.S.C. 1412(a)(5)(A).
Because NPS placement generally means that your child will not be educated with non-disabled peers, the IEP team should take into consideration your child's right to be educated in the LRE before placing him/her in a NPS. In accordance with the IDEIA and LRE, a NPS is appropriate if even with the use of supplementary aides and services, the student will not be able to access an educational benefit in the regular education environment.
Therefore, if you are at an IEP meeting and placement options are being discussed, and the resource, SDC and other supplementary aides/services available within the District are not appropriate to meet your child's unique needs and provide him/her with an educational benefit, then the appropriateness of a NPS should be discussed.
Can my child go to a NPS?
The decision to place a child in a NPS is an IEP team decision. In making a placement determination, the local education agency ("LEA") must ensure that a continuum of program options is available to meet the needs of your child. Thus, when a school district is making its offer to your child, it must consider all or any combination of the following:
- Regular Education
- Resource Specialist Program ("RSP")
- Designated Instruction and Services ("DIS")
- Special Day Classes ("SDC")
- Nonpublic, nonsectarian school ("NPS")
- State Special schools
- Instruction in other settings
- Itinerant instruction
- Instruction using telecommunication and instruction in the home, in hospitals and in other institutions
Once your child is enrolled in a NPS, that NPS must provide all services specified in the IEP, unless the NPS and LEA agree otherwise.
NPS & the least restrictive environment ("LRE")
A frequently used phrase in special education is least restrictive environment.
Under the IDEIA, LRE is: "to the maximum extent appropriate, children with disabilities . . . are educated with children who are not disabled, and . . . removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily." 20 U.S.C. 1412(a)(5)(A).
Because NPS placement generally means that your child will not be educated with non-disabled peers, the IEP team should take into consideration your child's right to be educated in the LRE before placing him/her in a NPS. In accordance with the IDEIA and LRE, a NPS is appropriate if even with the use of supplementary aides and services, the student will not be able to access an educational benefit in the regular education environment.
Therefore, if you are at an IEP meeting and placement options are being discussed, and the resource, SDC and other supplementary aides/services available within the District are not appropriate to meet your child's unique needs and provide him/her with an educational benefit, then the appropriateness of a NPS should be discussed.
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