We are entrenched in preparation for a due process hearing this week, so I thought a quick overview of one of the "rules" for a hearing would be appropriate as a Fast Fact Friday.
The IDEA's "5 day rule" for disclosure of evaluations states that:
"(A) Not less than 5 business days prior to a hearing conducted pursuant to paragraph (1), each party shall disclose to all other parties all evaluations completed by that date, and recommendations based on the offering party's evaluations, that the party intends to use at the hearing.
(B) A hearing officer may bar any party that fails to comply with subparagraph (A) from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party."
The requirement to disclose evaluations and recommendations is mandatory for both parties. For parents and their representatives, this means that any independent educational evaluations, private assessments, expert observations / reports, etc that you have obtained and will be relying upon in the hearing must be provided to the school district and/or their legal representatives 5 business days prior to the start of the hearing. This will most likely require advanced planning and communication with any experts / evaluators to make sure that any pending evaluation reports will be available to you in enough time to meet this requirement.
The remedy / punishment for failing to meet this requirement is discretionary for the hearing officer. The hearing officer is permitted by statute to bar introduction of the "relevant evaluation or recommendation." This does not mean that the hearing officer must bar the evidence. Note that the statute allows for barring not only the evaluation (i.e. the report) but also the recommendation, which could be interpreted to mean that the hearing officer can bar testimony from that expert about their recommendations for the student's program (i.e. their expert opinion).
Friday, September 4, 2009
Tuesday, September 1, 2009
Senator Kennedy's Inspiration and Call to Action for Advocates
Last year, I was volunteering for the Obama Presidential Campaign as a Precinct Captain in my neighborhood, and also with the national call team. I was pretty fired up about the election as a whole, and watched and read the news every day avidly. Among all of the great moments, two moments at the top of my list of "important moments" both involved Ted Kennedy. The first was the day of the announcement during the primaries that Kennedy was endorsing Obama. The second was the speech given by Kennedy at the convention.
I guess, for me, those two moments were inspiring because I have always been such an admirer of Senator Kennedy, especially (as a student of rhetoric) in terms of his skill as an orator. I remember hearing that he was endorsing Obama and feeling so proud that I was involved in something he too believed in. I remember listening to the speech and comparing it to all of those I had read and heard from the earlier days in his career, and thinking about how admirable it is to see a person who is so consistent with his passion, devotion and message throughout his life.
I studied Speech Communications in my undergraduate studies at the University of Georgia. We studied various forms of rhetoric, reading speeches given in the context of social movements, from the Woman's Suffrage Movement to the Civil Rights Movement and beyond, orations given during political campaigns, and in moments of national crisis or disaster. Ted Kennedy was one of the great orators of our time. Now we can debate as to what was the greatest speech of his life, which speech was most moving, inspiring, or most important. There are many to choose from; the most notable perhaps being "The Dream Never Dies" speech from the 1980 DNC, in which Kennedy talked about all of the issues he had championed throughout his career, and ended with the rousing words "the work goes on, the cause endures, the hope still lives, and the dream shall never die." Then of course, there is the emotional and inspirational speech given at Bobby Kennedy's funeral, when he spoke of the hopes of his brother for a better world, saying the moving words "Those of us who loved him and who take him to his rest today, pray that what he was to us and what he wished for others will some day come to pass for all the world."
If you study the speeches and interviews of Ted Kennedy, it is statements like these that sum him up so well. These statements speak to the hope that he envisioned for America, the dreams and causes he believed in and fought for, and the endurance of those hopes.
For me, one of the speeches I love is not from a great moment like a funeral or a convention. It was an interview in the early 1970's in which Kennedy talked about why he believed Health Care Reform was necessary. He spoke frankly about his families struggles with medical issues, and talked about the fact that they were fortunate to have access to quality health care when they needed it. He talked about Health Care as being a right, not a privilege, and about his vision for an America in which any family would have access to the medical care they needed.
This is why I admired Ted Kennedy as a Senator, a leader. He saw issues that affect us at our most fundamental levels and looked for ways to make the world a better place. He championed the causes of the disadvantaged, and inspired others to do so likewise.
As a disability advocate, I owe much to this inspiration, and his work. Senator Kennedy introduced the Americans with Disabilities Act in 1990, prohibiting discrimination against persons with disabilities in the workplace, and requiring reasonable accommodations and accessibility which literally opened the doors to people with disabilities in places like theaters, shops, museums, hotels and restaurants. He was instrumental in the Family Opportunity Act, opening up access to Medicaid for families of disabled children, even if they were not in the "low income" status; the Help America Vote Act, requiring polling places to provide a machine that ensured access and privacy for voters with disabilities; and the Mental Health Parity Bill, which required mental health and substance abuse coverage to be on par with other coverage. Other important disability legislation included the Fair Housing Act Amendments, the Air Carriers Access Act, the Civil Rights Commission Amendments, the Comprehensive Services and Developmental Disabilities Amendments, the Crime Victims and Disabilities Awareness Act, the Employment Opportunities for Disabled Americans Act and countless others.
And of course, as an advocate in the special education field, I must be eternally grateful for Senator Kennedy's work on the Individuals with Disabilities Education Act (IDEA) and No Child Left Behind. He passionately believed, in his own words, that "all children deserve a quality education." He was an original co-sponsor of the Education for All Handicapped Children Act in 1975, which later became the IDEA, recognizing the fundamental importance of ensuring that students with disabilities were given the right to a free appropriate public education. He was also an original co-sponsor of the Handicapped Children's Protection Act, allowing for prevailing parents to recover attorneys fees, which was an important early step in ensuring a level playing field. Senator Kennedy remained committed to the cause of special education, sponsoring and negotiating the re-authorizations of the IDEA throughout the years, and he continued even through the last year to push for legislation that would promote a fair and level playing field and hearing process to protect the rights of children with disabilities.
A lifetime of work on these important issues does not come to a halt now. Now the burden is on us, the advocates and attorneys, the parents and loved ones of persons affected by disabilities, the teachers and educators, the law makers, and the community as a whole. Perhaps none of us can live up to what he has accomplished on behalf of persons with disabilities. But we must now strive to ensure that the cause goes on, and that the dream doesn't die.
I guess, for me, those two moments were inspiring because I have always been such an admirer of Senator Kennedy, especially (as a student of rhetoric) in terms of his skill as an orator. I remember hearing that he was endorsing Obama and feeling so proud that I was involved in something he too believed in. I remember listening to the speech and comparing it to all of those I had read and heard from the earlier days in his career, and thinking about how admirable it is to see a person who is so consistent with his passion, devotion and message throughout his life.
I studied Speech Communications in my undergraduate studies at the University of Georgia. We studied various forms of rhetoric, reading speeches given in the context of social movements, from the Woman's Suffrage Movement to the Civil Rights Movement and beyond, orations given during political campaigns, and in moments of national crisis or disaster. Ted Kennedy was one of the great orators of our time. Now we can debate as to what was the greatest speech of his life, which speech was most moving, inspiring, or most important. There are many to choose from; the most notable perhaps being "The Dream Never Dies" speech from the 1980 DNC, in which Kennedy talked about all of the issues he had championed throughout his career, and ended with the rousing words "the work goes on, the cause endures, the hope still lives, and the dream shall never die." Then of course, there is the emotional and inspirational speech given at Bobby Kennedy's funeral, when he spoke of the hopes of his brother for a better world, saying the moving words "Those of us who loved him and who take him to his rest today, pray that what he was to us and what he wished for others will some day come to pass for all the world."
If you study the speeches and interviews of Ted Kennedy, it is statements like these that sum him up so well. These statements speak to the hope that he envisioned for America, the dreams and causes he believed in and fought for, and the endurance of those hopes.
For me, one of the speeches I love is not from a great moment like a funeral or a convention. It was an interview in the early 1970's in which Kennedy talked about why he believed Health Care Reform was necessary. He spoke frankly about his families struggles with medical issues, and talked about the fact that they were fortunate to have access to quality health care when they needed it. He talked about Health Care as being a right, not a privilege, and about his vision for an America in which any family would have access to the medical care they needed.
This is why I admired Ted Kennedy as a Senator, a leader. He saw issues that affect us at our most fundamental levels and looked for ways to make the world a better place. He championed the causes of the disadvantaged, and inspired others to do so likewise.
As a disability advocate, I owe much to this inspiration, and his work. Senator Kennedy introduced the Americans with Disabilities Act in 1990, prohibiting discrimination against persons with disabilities in the workplace, and requiring reasonable accommodations and accessibility which literally opened the doors to people with disabilities in places like theaters, shops, museums, hotels and restaurants. He was instrumental in the Family Opportunity Act, opening up access to Medicaid for families of disabled children, even if they were not in the "low income" status; the Help America Vote Act, requiring polling places to provide a machine that ensured access and privacy for voters with disabilities; and the Mental Health Parity Bill, which required mental health and substance abuse coverage to be on par with other coverage. Other important disability legislation included the Fair Housing Act Amendments, the Air Carriers Access Act, the Civil Rights Commission Amendments, the Comprehensive Services and Developmental Disabilities Amendments, the Crime Victims and Disabilities Awareness Act, the Employment Opportunities for Disabled Americans Act and countless others.
And of course, as an advocate in the special education field, I must be eternally grateful for Senator Kennedy's work on the Individuals with Disabilities Education Act (IDEA) and No Child Left Behind. He passionately believed, in his own words, that "all children deserve a quality education." He was an original co-sponsor of the Education for All Handicapped Children Act in 1975, which later became the IDEA, recognizing the fundamental importance of ensuring that students with disabilities were given the right to a free appropriate public education. He was also an original co-sponsor of the Handicapped Children's Protection Act, allowing for prevailing parents to recover attorneys fees, which was an important early step in ensuring a level playing field. Senator Kennedy remained committed to the cause of special education, sponsoring and negotiating the re-authorizations of the IDEA throughout the years, and he continued even through the last year to push for legislation that would promote a fair and level playing field and hearing process to protect the rights of children with disabilities.
A lifetime of work on these important issues does not come to a halt now. Now the burden is on us, the advocates and attorneys, the parents and loved ones of persons affected by disabilities, the teachers and educators, the law makers, and the community as a whole. Perhaps none of us can live up to what he has accomplished on behalf of persons with disabilities. But we must now strive to ensure that the cause goes on, and that the dream doesn't die.
Monday, August 31, 2009
Back to School: Help I need a placement! (and other concerns)
It's back to school time around here, with some school districts starting back this week and many starting immediately after Labor Day. As expected, it is a busy time for all of us advocates and attorneys. Here are some of the concerns we hear all too often from parents as school starts back:
1) Where is my kid going to school?!
One of the common back-to-school disasters happens when a kid doesn't have a placement. Knowing where your kid will be in school when the year starts out seems like a pretty basic question, regardless of if your kid is on an IEP. How, you may ask, could not having a placement possibly happen?! Here are some examples based on real-life scenarios:
Scenario A: Child has been in an SDC for the past couple of years and now has "aged out" of that particular class. Parents disagreed with the offer of placement for the next school year, as the new SDC is substantially different and won't meet their kids needs. The school year starts, and parents and district are still in dispute. A problem arises because there is no "stay put" placement, since the child aged out of the previous classroom. Where does the kid go for the first day of school?
Scenario B: Child's specialized program, which the IEP team offered for this school year in the most recent IEP last spring, closed down over the summer based on an "administrative decision" and probably due to budgetary concerns, and no staff was available at that time to hold an IEP meeting.
Scenario C: Family moved into a new school district over the summer, and did not take the IEP document in to the school district because the office was closed, or they didn't know where to take it, or whatever the reason. On the first day of school, parents show up with the kid and the IEP, but the District does not have a placement readily available that is comparable to what the child previously received.
Scenario D: Child had significant emotional problems during the previous school year, to the point that he/she was unable to attend school due to anxiety. Parents requested assessments and an IEP at the end of the year, which have not yet been completed. Because there is no IEP, there is no offer of an appropriate placement, but because of the significant anxiety, child's doctor says he/she cannot return to school without a different program in place.
There are many scenarios which could lead to an issue about placement at the start of the school year. Advocates and parents (and districts) are often scrambling around at the last minute to locate an option that can be implemented. Here are a few tips on dealing with this:
Make lots of phone calls! In these circumstances, talking to a live person about the urgency of your concerns may get you further than starting off by sending a letter documenting all of the ways the district is out of compliance. That's not to say that you won't need to ultimately document all of your concerns, but starting out with a personal call may be the best first step.
Consider alternatives, but don't compromise your ultimate position. It's likely that what you are facing is a situation where there is a placement dispute that you may need to deal with further down the line through additional IEP meetings and due process complaints. In the meantime, you may have to be willing to accept some other alternative so that your child can go to school. Even if it isn't the best case scenario, this may be a situation where something is better than nothing, so you may need to consent to the placement being offered while documenting that you don't believe it is appropriate and you want to have an IEP meeting to discuss placement.
Try to anticipate these disputes. Although school is not in session and timelines for things like holding IEP meetings or conducting assessments may be different, parents can still pursue due process and all of their related rights during the summer. If you can anticipate that there will be a placement problem in the fall, try to resolve it early on. And if you have to file for due process, do so early in the summer so that the issue may be addressed in mediation, and so that you will have time to file for stay put before the school year starts if you have to.
Don't keep the kid out of school unless there is not any other option, or unless the child will be harmed in some way by going to school. Ultimately, it is the parent's choice, not the advocate's / attorney's. Parents have many factors that they have to weigh in these situations. If there is no placement in place, and the District offers something inappropriate for the start of the school year, you have to balance the advantages / disadvantages of keeping your child at home versus advantages / disadvantages of sending your child to an inappropriate placement. These are tough decisions! But ultimately, refusing to allow your child to attend the school at all, barring some clear indication that the child would be harmed, may work against you in later disputes.
2) I just got a call from the school - and they don't have an aide for my child!
This happens more often than you would think. It's the week before school, or even the day before, and parents get a phone call to say "we don't know if your child can start on the first day because we can't find an aide."
Is the aide support called for in your IEP to be provided by District staff or through a Non-Public Agency? If the aide is to be provided through an NPA, you may be able to do some of the "leg-work" yourself. Start calling around to see if any of the NPAs in your area have an aide available, then let the school know what you found out. Sometimes it is just a matter of getting the information to the right people.
Remind the District that compliance with the IEP is mandatory. If the District is saying that your child can't attend school because they don't have an aide (or other support) in place yet, document that statement in writing and also document your concerns regarding the fact that your child will lose educational benefit if he/she doesn't start the school year with all of the other kids.
Show up the first day anyway! Refusing to let your child attend school because they can't comply with the IEP is basically excluding your child from class because he/she has a disability. If school starts and there is still no aide in place, show up the first day with your child and a copy of your child's IEP and remind the District that they are obligated to implement the program called for in the IEP document. If they refuse to let your child attend class, you can follow this up with a letter documenting what happened.
3) My kid's IEP calls for transportation, but no bus showed up this morning to take him to school!
These situations arise when the school district's transportation schedule isn't all worked out before the school year starts. Sometimes, parents find out beforehand that their kid isn't on the bus schedule. Sometimes parents wait and wait the first morning, and no bus shows up. Other transportation mishaps can also happen the first week of school, like the wrong bus picking up the child, or the bus taking the child to the wrong school location.
Be patient and remember that mistakes happen. While you should document your concerns about the failure to implement transportation (which is a related service) pursuant to your IEP, you should also give the district an opportunity to correct this problem. Bus schedules are complicated, and some transportation guru who isn't part of the IEP process is working hard somewhere to map everything out and make sure the schedule covers every kid that is being transported. Make a phone call and let the school and district staff know that this happened, and that you expect the issue to be resolved immediately so that transportation is provided. Get an estimate as to when you can expect your child's bus schedule to be fixed. If multiple days go by, you may want to request that the district reimburse you for transportation you have had to provide yourself when the IEP wasn't being implemented.
4) My child is in general education, and his teacher didn't even know he had an IEP!
The start of the school year involves a lot of planning for school staff and teachers. They are busy getting their classrooms set up, creating lesson plans, studying new curriculum that will be used, organizing supplies, meeting parents, etc. If you find out that your child's teacher doesn't even know your child has an IEP, doesn't know what accommodations must be implemented, etc, it can be a very upsetting discovery! Reserve your frustration for the school district and the administrator involved in your child's IEP, not the teacher. Talk to the teacher frankly about your child's disability and why you think the IEP is important. Then make sure you let the school district know of the problem, and of your concerns regarding the fact that no one made sure the teacher had the IEP so that it could be implemented.
Ultimately, back-to-school can be a busy, stressful time for everyone involved. There are things you can do to prepare, and to help to ensure that everything will be implemented as needed for your child. But that doesn't guarantee that there won't be any back-to-school problems! Remember to stay calm, and to communicate with your child's school about the issues. Patience and persistence will help you get through whatever happens!
And one more thing- if you already have an attorney/advocate, give them a call as soon as you know these kinds of things are happening! All to often we get a phone call after-the-fact, when most likely there may have been something we could have done in the moment to help things get resolved faster! That being said, don't expect miracles! Ultimately, the District has the power to either comply with the IEP or not, to make resources available or not, or to come up with alternatives to ensure the child is educated even if disputes are happening.
1) Where is my kid going to school?!
One of the common back-to-school disasters happens when a kid doesn't have a placement. Knowing where your kid will be in school when the year starts out seems like a pretty basic question, regardless of if your kid is on an IEP. How, you may ask, could not having a placement possibly happen?! Here are some examples based on real-life scenarios:
Scenario A: Child has been in an SDC for the past couple of years and now has "aged out" of that particular class. Parents disagreed with the offer of placement for the next school year, as the new SDC is substantially different and won't meet their kids needs. The school year starts, and parents and district are still in dispute. A problem arises because there is no "stay put" placement, since the child aged out of the previous classroom. Where does the kid go for the first day of school?
Scenario B: Child's specialized program, which the IEP team offered for this school year in the most recent IEP last spring, closed down over the summer based on an "administrative decision" and probably due to budgetary concerns, and no staff was available at that time to hold an IEP meeting.
Scenario C: Family moved into a new school district over the summer, and did not take the IEP document in to the school district because the office was closed, or they didn't know where to take it, or whatever the reason. On the first day of school, parents show up with the kid and the IEP, but the District does not have a placement readily available that is comparable to what the child previously received.
Scenario D: Child had significant emotional problems during the previous school year, to the point that he/she was unable to attend school due to anxiety. Parents requested assessments and an IEP at the end of the year, which have not yet been completed. Because there is no IEP, there is no offer of an appropriate placement, but because of the significant anxiety, child's doctor says he/she cannot return to school without a different program in place.
There are many scenarios which could lead to an issue about placement at the start of the school year. Advocates and parents (and districts) are often scrambling around at the last minute to locate an option that can be implemented. Here are a few tips on dealing with this:
Make lots of phone calls! In these circumstances, talking to a live person about the urgency of your concerns may get you further than starting off by sending a letter documenting all of the ways the district is out of compliance. That's not to say that you won't need to ultimately document all of your concerns, but starting out with a personal call may be the best first step.
Consider alternatives, but don't compromise your ultimate position. It's likely that what you are facing is a situation where there is a placement dispute that you may need to deal with further down the line through additional IEP meetings and due process complaints. In the meantime, you may have to be willing to accept some other alternative so that your child can go to school. Even if it isn't the best case scenario, this may be a situation where something is better than nothing, so you may need to consent to the placement being offered while documenting that you don't believe it is appropriate and you want to have an IEP meeting to discuss placement.
Try to anticipate these disputes. Although school is not in session and timelines for things like holding IEP meetings or conducting assessments may be different, parents can still pursue due process and all of their related rights during the summer. If you can anticipate that there will be a placement problem in the fall, try to resolve it early on. And if you have to file for due process, do so early in the summer so that the issue may be addressed in mediation, and so that you will have time to file for stay put before the school year starts if you have to.
Don't keep the kid out of school unless there is not any other option, or unless the child will be harmed in some way by going to school. Ultimately, it is the parent's choice, not the advocate's / attorney's. Parents have many factors that they have to weigh in these situations. If there is no placement in place, and the District offers something inappropriate for the start of the school year, you have to balance the advantages / disadvantages of keeping your child at home versus advantages / disadvantages of sending your child to an inappropriate placement. These are tough decisions! But ultimately, refusing to allow your child to attend the school at all, barring some clear indication that the child would be harmed, may work against you in later disputes.
2) I just got a call from the school - and they don't have an aide for my child!
This happens more often than you would think. It's the week before school, or even the day before, and parents get a phone call to say "we don't know if your child can start on the first day because we can't find an aide."
Is the aide support called for in your IEP to be provided by District staff or through a Non-Public Agency? If the aide is to be provided through an NPA, you may be able to do some of the "leg-work" yourself. Start calling around to see if any of the NPAs in your area have an aide available, then let the school know what you found out. Sometimes it is just a matter of getting the information to the right people.
Remind the District that compliance with the IEP is mandatory. If the District is saying that your child can't attend school because they don't have an aide (or other support) in place yet, document that statement in writing and also document your concerns regarding the fact that your child will lose educational benefit if he/she doesn't start the school year with all of the other kids.
Show up the first day anyway! Refusing to let your child attend school because they can't comply with the IEP is basically excluding your child from class because he/she has a disability. If school starts and there is still no aide in place, show up the first day with your child and a copy of your child's IEP and remind the District that they are obligated to implement the program called for in the IEP document. If they refuse to let your child attend class, you can follow this up with a letter documenting what happened.
3) My kid's IEP calls for transportation, but no bus showed up this morning to take him to school!
These situations arise when the school district's transportation schedule isn't all worked out before the school year starts. Sometimes, parents find out beforehand that their kid isn't on the bus schedule. Sometimes parents wait and wait the first morning, and no bus shows up. Other transportation mishaps can also happen the first week of school, like the wrong bus picking up the child, or the bus taking the child to the wrong school location.
Be patient and remember that mistakes happen. While you should document your concerns about the failure to implement transportation (which is a related service) pursuant to your IEP, you should also give the district an opportunity to correct this problem. Bus schedules are complicated, and some transportation guru who isn't part of the IEP process is working hard somewhere to map everything out and make sure the schedule covers every kid that is being transported. Make a phone call and let the school and district staff know that this happened, and that you expect the issue to be resolved immediately so that transportation is provided. Get an estimate as to when you can expect your child's bus schedule to be fixed. If multiple days go by, you may want to request that the district reimburse you for transportation you have had to provide yourself when the IEP wasn't being implemented.
4) My child is in general education, and his teacher didn't even know he had an IEP!
The start of the school year involves a lot of planning for school staff and teachers. They are busy getting their classrooms set up, creating lesson plans, studying new curriculum that will be used, organizing supplies, meeting parents, etc. If you find out that your child's teacher doesn't even know your child has an IEP, doesn't know what accommodations must be implemented, etc, it can be a very upsetting discovery! Reserve your frustration for the school district and the administrator involved in your child's IEP, not the teacher. Talk to the teacher frankly about your child's disability and why you think the IEP is important. Then make sure you let the school district know of the problem, and of your concerns regarding the fact that no one made sure the teacher had the IEP so that it could be implemented.
Ultimately, back-to-school can be a busy, stressful time for everyone involved. There are things you can do to prepare, and to help to ensure that everything will be implemented as needed for your child. But that doesn't guarantee that there won't be any back-to-school problems! Remember to stay calm, and to communicate with your child's school about the issues. Patience and persistence will help you get through whatever happens!
And one more thing- if you already have an attorney/advocate, give them a call as soon as you know these kinds of things are happening! All to often we get a phone call after-the-fact, when most likely there may have been something we could have done in the moment to help things get resolved faster! That being said, don't expect miracles! Ultimately, the District has the power to either comply with the IEP or not, to make resources available or not, or to come up with alternatives to ensure the child is educated even if disputes are happening.
Thursday, August 13, 2009
Back to School: Get Ready with Organized School Records
The start of the 2009-2010 school year is fast approaching, and as parents prepare, this is a great time to get all of those IEP documents, assessments, and other school records into order. Organizing your child's files is a great way to ensure that you start the school year out right. With organized files, you are able to find documents quickly, access information regarding your child's needs, and track changes in your child's program. Ultimately, you become a better and more effective advocate for your child. Here's out tips for how to do it:
Records to Gather:
Supplies Needed:
1. If your child is older, and has many years worth of documents, start by dividing up the documents by elementary school years, middle school years, high school years.
2. Separate the documents in piles by the following categories:
a. IEPs
b. Assessments / Evaluations, Independent Reports
c. Progress Reports, Report Cards, Statewide Testing Results
d. Discipline records, behavior notes, behavior logs, etc
e. Correspondence, communications and emails
f. Other documents
* If your child has applicable medical needs, or other areas, you can add additional categories as needed
3. Within each category, put the documents into chronological order
4. Make labels for each section of your binder using the file dividers. The labels should correspond to the above categories. i.e. Make labels for "IEPs" "Evals" "Progress" "Behavior" "Correspondence" "Other"
5. Put documents into sections in chronological order, using a single colored sheet of paper between each separate document.
* Dividing records by category has the benefit of enabling you to easily find information in your child's files and track changes in IEPs, etc from year to year. Other methods could include dividing by school year; or simply putting all documents in chronological order with an index.
Tips for Setting Up a System for Current School Year:
1. Start with labels for your second binder that match the categories discussed above. Throughout the school year, you can add documents to these categories as you receive them, which will make it easy to transfer them into your archiving binder when the year is over.
2. Add an additional divider labeled "Notes." In that section, add blank paper or some format to use as a log or journal throughout the year. Make notes of any phone conversations, meetings or other discussions with teachers and staff regarding your child's educational program.
3. Insert a folder that can be used for forms and other communications that you need to sign and return.
4. Use either the front pocket of the binder or an insert to hold a contact list with teachers, providers, IEP case carriers, district administrators, your advocate, and others who are important to the development and implementation of your child's IEP.
5. Add additional dividers according to your needs.
6. If you can print out a school calendar, put a copy of it at the very beginning of this binder.
Remember that the goal here is to make this system easy for you to utilize and access, so organize in a way that works best for you!
Records to Gather:
- All of your child's IEPs, including annual IEPs, triennial / three-year reviews, and any addendums or amendments
- Any assessments conducted by the school district, including protocols and notes from those assessments
- Any assessment plans or written correspondence related to the district's assessments
- Any assessments, evaluations or other reports that you have obtained privately / independently
- Progress reports, report cards, and results from periodic classroom assessments
- Statewide or districtwide assessment / testing results
- Correspondence to and from your child's school, teachers, providers, etc
- Discipline records or reports regarding your child's behaviors
- Other relevant documentation regarding your child's unique needs and special education program
- Copy of your "parent rights" that you recieve from the school district
Supplies Needed:
- Three-ring binders - you will need at least one large binder (more if your child is older / has a lot of records) for older records and one medium to large one to organize this year's documents as you receive them
- Dividers with labels. Color-coded ones work well.
- Inserts with pockets for loose documents
- Hole-punch
- Pen or marker
- Colored paper
1. If your child is older, and has many years worth of documents, start by dividing up the documents by elementary school years, middle school years, high school years.
2. Separate the documents in piles by the following categories:
a. IEPs
b. Assessments / Evaluations, Independent Reports
c. Progress Reports, Report Cards, Statewide Testing Results
d. Discipline records, behavior notes, behavior logs, etc
e. Correspondence, communications and emails
f. Other documents
* If your child has applicable medical needs, or other areas, you can add additional categories as needed
3. Within each category, put the documents into chronological order
4. Make labels for each section of your binder using the file dividers. The labels should correspond to the above categories. i.e. Make labels for "IEPs" "Evals" "Progress" "Behavior" "Correspondence" "Other"
5. Put documents into sections in chronological order, using a single colored sheet of paper between each separate document.
* Dividing records by category has the benefit of enabling you to easily find information in your child's files and track changes in IEPs, etc from year to year. Other methods could include dividing by school year; or simply putting all documents in chronological order with an index.
Tips for Setting Up a System for Current School Year:
1. Start with labels for your second binder that match the categories discussed above. Throughout the school year, you can add documents to these categories as you receive them, which will make it easy to transfer them into your archiving binder when the year is over.
2. Add an additional divider labeled "Notes." In that section, add blank paper or some format to use as a log or journal throughout the year. Make notes of any phone conversations, meetings or other discussions with teachers and staff regarding your child's educational program.
3. Insert a folder that can be used for forms and other communications that you need to sign and return.
4. Use either the front pocket of the binder or an insert to hold a contact list with teachers, providers, IEP case carriers, district administrators, your advocate, and others who are important to the development and implementation of your child's IEP.
5. Add additional dividers according to your needs.
6. If you can print out a school calendar, put a copy of it at the very beginning of this binder.
Remember that the goal here is to make this system easy for you to utilize and access, so organize in a way that works best for you!
Monday, August 10, 2009
Back To School: Preparing for the New Year
Summer is almost at an end, and soon it will be time for students, teachers and parents to gear up for school year 2009-2010! Most parents, whether of typically developing kids or kids with disabilities, are a little anxious as the school year approaches. What will this year's teacher be like? Will my child make new friends in the classroom? How will the curriculum expectations change? How will my child adjust to a new setting, like middle school? What will the homework expectations be? As parents of students with disabilities get ready for another school year, these questions also lead to questions and concerns about IEPs, assessments, progress reporting, instructional programs, related services, and other issues.
Here is a list of questions for parents to ask themselves as the school year approaches. Thinking about these things ahead of time and getting organized will help parents get this year off on the right track.
Is there an IEP “in place” for the start of the school year?
The school district is required to have an IEP in place at the start of the school year for each child within the district who is eligible for special education and related services. An IEP is “in place” if the District has made an offer of a free appropriate public education (FAPE), and is ready and able to implement the goals, services, accommodations and placement called for within that offer. If you had an IEP meeting in the spring that was not “finalized,” it should be reconvened before the school year starts, to ensure that a program is in place for your child.
Is the IEP signed / have you provided written consent?
If you agree with what the IEP team developed and the District offered in terms of goals, services and placement, you should make sure that you have signed the IEP form indicating your agreement and consent, and that this signature has been provided to the District. You don't want to be in a position of dealing with lack of implementation at the beginning of the school year because the District doesn't have your signature. If there are portions of the IEP that you don't agree with or consent to, or if you have additional concerns that have not been addressed, you should indicate this either in a letter or on the signature page of the IEP. Contact a local special education attorney or advocate to assist you with responding to the IEP if necessary.
Do you understand the IEP and the program that will be provided?
The IEP document should be clear enough for you to fully understand what goals will be addressed, how those goals will be measured, and what special education and related services will be provided. Frequency and location of the services should be specific. Additionally, the District should have included you in any team that made placement decisions, and should have provided you with adequate information about what placement will be offered / provided. Review the IEP document before the school year starts. If there are portions you don't fully understand, ask! If at all possible, discuss these questions with the case carrier, teacher or administrator prior to the start of the school year, so that when the year starts, you are fully informed about what your child will be recieving in his/her special education program.
Does your child’s teacher need additional information regarding your child’s needs?
Don’t assume that the (new) teacher has been given all of the relevant information. Although the school district must provide the teacher with information regarding the IEP so that it can be fully implemented, parents can be proactive in making sure the teachers have enough information. Most teachers will be open (and even grateful!) to friendly and courteous communication from you in regards to your child’s disability, IEP, and the accommodations he/she requires in the classroom. Share this information with your teacher at "open house" or "back to school night." Or, if appropriate, try to contact the teacher directly. Some parents I have worked with like to make a one page "cheat sheet" related to their child at the start of the school year. Remember that IEPs are often lengthy documents, and teachers have a lot of other information to review too. A single page of information about who your child is and what they need may be an efficient, friendly way to introduce yourself and your child to the new teacher.
What information came out of your child’s ESY program that should be shared with the team?
Did your child attend an ESY program or receive other instruction or services over the summer? Consider whether your child’s needs have changed over the summer in such a way that the District may need to reconsider what it has offered and will provide. For example, if your child attended an intensive remediation program that was private or outside of the school district, he/she may have made such progress that the goals written last year are not longer appropriate. Progress (or regression) may be an important consideration in many areas after a summer program, including both academics and non-academics. If you believe this information impacts the IEP, go ahead and let the District know in writing that another meeting needs to be convened to consider current data and make appropriate adjustments. Share information from the program, including progress reports and other data, when appropriate.
Are you aware of how progress will be reported to you during the school year?
Progress reporting is an important part of how you as a parent will be involved in the ongoing development of your child’s program. If you are not fully aware of your child’s progress, or lack thereof, you cannot effectively advocate for changes in the IEP when they are required. The IEP document is required to contain a statement of how progress will be measured and of when you will be provided periodic progress reports on your child’s goals. Check the IEP and make sure this is clear, and mark it on your calendar so that you can know when to expect reports.
If your child's IEP calls for transportation to be provided as a related service, make sure that arrangements are in place for transportation to be implemented, and that you know the schedule, drop off / pick up place, and other relevant information. If your child is taking regular school district transportation, you also need to find out all of the relevant details regarding that. Otherwise, if you are arranging for transportation privately or are taking your child to school yourself, make sure you know the whens, wheres and hows of drop off, pick up, etc.
Medications may also require some advance planning and arrangments. Make sure all medication and prescription information is up to date, and see your child's pediatrician before school starts if needed. Fill out and return any necessary forms for the school nurse related to medication dosage and administration. If your child's teacher also needs to be made aware of any medication information, including possible side effects, share this information as appropriate.
Friday, August 7, 2009
Autism on 20/20 Tonight
Watch 20/20 tonight, and be inspired by Carly, and
by her family's determination to help her find her voice.
You can read more about Carly on at "Carly's Voice"
by her family's determination to help her find her voice.
You can read more about Carly on at "Carly's Voice"
Fast Fact Friday: Individual Services Plan
There are certain circumstances where a Parent of a student with special needs may decide to place their child in a private placement even if they believe the school district is providing an appropriate placement.
A parentally-placed private school child with a disability is, under the law a child "with disabilities enrolled by their parents in private, including religous schools or facilities that meet the definition of elementary school or secondary school," who have not been referred to that placement by the LEA. See 34 CFR 300.130. When you have privately placed your student, generally speaking, you are not entitled to services for that student.
School districts do, however, have an obligation to allocate some special education funds to parentally-placed private school children. If the school district decides to provide a student with any services they must develop an individual services plan, which describes the specific special education and related services to be provided to each private school student. See 34 CFR 300.132(b). These service plans are to be developed, reviewed, and revised consistent with the procedures governing IEPs. See 34 CFR 300.137(c)(1). In preparing service plans and providing services, the district must consult with private school representatives. See 34 CFR 300.137(c)(2). In particular, the district must ensure that a representative of the private school attends these meetings, or in the alternative, uses other methods to secure the involvement of such individuals such as individual or conference phone calls.
IEPs are generally more comprehensive than the more limited services plans developed for parentally placed private school children with disabilities designated to receive services. A services plan should reflect only the services offered to a parentally placed private school child with a disability designated to receive services and must, to the extent appropriate, meet the IEP content requirements or, when appropriate, for children aged three through five, the IFSP requirements as to the services that are to be provided. See Questions and Answers on Serving Children with Disabilities Placed by Their Parents at Private Schools, 106 LRP 57733 (OSEP 2006).
A parentally-placed private school child with a disability is, under the law a child "with disabilities enrolled by their parents in private, including religous schools or facilities that meet the definition of elementary school or secondary school," who have not been referred to that placement by the LEA. See 34 CFR 300.130. When you have privately placed your student, generally speaking, you are not entitled to services for that student.
School districts do, however, have an obligation to allocate some special education funds to parentally-placed private school children. If the school district decides to provide a student with any services they must develop an individual services plan, which describes the specific special education and related services to be provided to each private school student. See 34 CFR 300.132(b). These service plans are to be developed, reviewed, and revised consistent with the procedures governing IEPs. See 34 CFR 300.137(c)(1). In preparing service plans and providing services, the district must consult with private school representatives. See 34 CFR 300.137(c)(2). In particular, the district must ensure that a representative of the private school attends these meetings, or in the alternative, uses other methods to secure the involvement of such individuals such as individual or conference phone calls.
IEPs are generally more comprehensive than the more limited services plans developed for parentally placed private school children with disabilities designated to receive services. A services plan should reflect only the services offered to a parentally placed private school child with a disability designated to receive services and must, to the extent appropriate, meet the IEP content requirements or, when appropriate, for children aged three through five, the IFSP requirements as to the services that are to be provided. See Questions and Answers on Serving Children with Disabilities Placed by Their Parents at Private Schools, 106 LRP 57733 (OSEP 2006).
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