Fast Fact Friday: Temporary Disabilities

Various circumstances could cause a student to have a disabling condition that is temporary in nature, the most common being broken limbs.

Can a student be eligible for special education and related services if he/she has a "temporary disability?"

Students with temporary disabilities may be protected under section 504 if those disabilities substantially limit one or more major life activities for an extended period of time. Thus, students with temporary disabilities may be entitled to a FAPE under section 504. Because section 504 eligibility focuses on a student's ability to access educational opportunities, factors beyond merely academics must be considered as well. A student with a serious illness, for example, may be unable to access the educational environment without physical accommodations if that student has difficulties walking, climb steps, etc.

It is less likely that a temporary disability would give rise to eligibility under IDEA, however, because of the statutory scheme for eligibility. The IDEA requires that a student have a disability specifically under one of the identified 13 disabling conditions, and that the student require special education and related services because of the disability. A student with a broken arm, for instance, may require accommodations to access the educational environment but it would be difficult to demonstrate that the student required specialized instruction or services.

Fast Fact Friday: Low Incidence Disability

Broadly defined, a "low incidence disability" is one in which the rate of occurrence is extremely small. California, for example, specifically defines "low incidence disability" as "a severe disabling condition with an expected incidence rate of less than one percent of the total statewide enrollment in kindergarten through grade 12." California Education Code section 56026.5.

Some examples could include:

• Blindness
• Visual Impairment
• Deafness
• Hard of hearing
• Deaf-blindness
• Severe cognitive delay
• Serious physical disability / impairment
• Significant / complex health related conditions
• Multiple disabilities
• Autism
  

In some instances, designation of "low incidence" may attach certain funding resources that are not otherwise applicable for services and equipment. Further, states may have specific data collection requirements related to students with low incidence disabilities.

Some low incidence disabilities may present unique challenges related to providing staff who are trained and qualified to assess those particular students and provide them with instruction and services. However, these students have the same right to a free appropriate public education under the I.D.E.A. as any other eligible student.

The fact that a student is categorized as having a "low incidence" disability cannot be the basis of a determination that he/she should be removed from the regular educational environment. Rather,

"the process for determining the educational placement for children with low-incidence disabilities is the same process used for determining the educational placement for all children with disabilities. That is, each child's educational placement must be determined on an individual case-by-case basis depending on each child's unique educational needs and circumstances, rather than by the child's category of disability." Comments and discussion to 2006 IDEA Part B Regulations, 71 Fed. Reg. 46586 (2006).

Fast Fact Friday: Special Factors

In addition to the "required content" for Individualized Education Plans, the I.D.E.A. sets forth five "special factors" that IEP teams are required to consider in development of the special education student's program:

1. Positive Behavioral Interventions - "in the case of a child whose behavior impedes the child's learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior;"

2. Language Needs - "in the case of a child with limited English proficiency, consider the language needs of the child as those needs related to the child's IEP;"

3. Braille - "in the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team determines after an evaluation... that instruction in Braille is not appropriate for the child;"

4. Communication mode - "consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode;"

5. Assistive Technology - "consider whether the child needs assistive technology devices and services."

34 C.F.R. section 300.324(a)(2).

Fast Fact Friday: Special Education Assessment Plan

A school district are required to provide notice to parents when it proposes to initiate an evaluation or re-evaluation of a special education student, pursuant to the "prior written notice" requirements of the I.D.E.A. Specific to evaluations, the notice must "describe any evaluation procedures" is proposes to conduct. 20 U.SC. section 1414(b)(1). Because of this requirement, and because of timelines and other issues that are impacted by when a parent gives consent to assess, districts must develop ways to provide the required information and obtained written consent to its proposal to assess. This is commonly referred to as a "special education assessment plan."

California law specifies:

If an assessment for the development or revision of the individualized education program is to be conducted, the parent or guardian shall be given, in writing, a proposed assessment plan...

California Education Code section 56321(a)

As assessment plan must

• Be Understandable - that is, it should be in "language easily understood by the general public" and should be provided in the native language or other mode of communication of the parent / guardian
  
• Explain the purpose of the assessments proposed
  
• Explain the areas to be assessed
• Describe / explain the types of assessments that the district proposes to conduct
• Provide information regarding procedural safeguards
  

See 34 C.F.R. section 300.503; 20 U.S.C. section 1414(b)(1); California Education Code section 56321(b)(1)-(4).

Opportunity for California Parents to Provide Input Regarding State Compliance

Announcement and Call to Action for California Families

from the Matrix Parent Network and Resource Center

The U.S. Department of Education will be visiting the California Department of Education in order to take a look at our state's compliance with the provisions of the I.D.E.A. (including both Part B and Part C) on September 27th.

It is important for California families / parents to get involved and provide input into this review! Contributing to this process is easy, as there are surveys available online for Parents to anonymously give information. These surveys will be available through September 3, 2010 online, so don't delay in participating in this important opportunity!

For more information and for links to both surveys, click here go to the the information page provided by the Matrix Parent Network and Resource Center.

You can also find information about this on the webpage of the California Association of Family Empowerment Centers, here.

End-of-the-School-Year Checklist for Parents

1. Review your child's IEP document

• Is the IEP ready to be "in place" for the start of the next school year? Is it clearly documented and is the District ready to implement it?
• Do you understand the program that will be in place or do you have questions? Now is a good time to ask questions about the program, as there will likely be limited availability of anyone who can answer your questions during the summer.
• Have you signed the IEP to indicate consent and / or provided a written response?

* Note that because of scheduling difficulties over the summer, it may be easier to request an IEP meeting now if you have any concerns about your child's program for next year.

2. Meet with teacher(s)

• Attend parent-teacher conferences or otherwise arrange for communication with your child's current teacher to get an update on your child.
• If possible, and if next year's schedules are already known to the school / district, find out who will be your child's teacher next year. You may be able to communicate with them now more easily than during the summer if you want to speak with them in advance.

* This is a good time to ask the current teacher questions like "If you were getting my child as a student for the first time, what would you like to know about his/her needs?" This will be helpful information to share with next year's teacher.

3. Get an update on your child's progress

• Make sure you have progress reports by the last reporting period of the school year (i.e. when grades come out). As applicable, obtain both a progress report on IEP goals and a report card with grades. Ask for data sheets if applicable.
  
• Carefully review report cards, progress reports. Did you child make expected progress? Is he/she meeting his/her IEP objectives / making progress towards annual goals? Are his/her grades or anything on his/her report card a concern?

* If needed, request an IEP meeting now to discuss your child's progress, changed needs, or lack of expected progress so that the team can evaluate whether changes need to be made to the program for the following school year. The end of the year is a good time to reflect on "how did this program work?" and "what changes should we make?"

4. Organize records

• Organize IEPs, assessments, correspondence, report cards, etc into a 3 ring binder so that all documents are easily accessible. (Click here for our tips on organization of school documents)
  
• The end of the school year is a great time to make sure your child's records are organized. Update your binder or organizational systems with all of the documents from this school year, and go ahead and make a place for next school year's info now so you'll be ready in the fall.

* In some cases, the end of the year may be a good time to do a records request to the school district and obtain copies of your child's file.

5. Review information regarding ESY (Extended School Year)

• Does the IEP offer ESY and if so, do you fully understand what is offered? (Read here for one school district's view on how ESY determinations are made)
  
• Make sure you know when, where and what will be provided.
• Are there any forms that you need to submit for enrollment for ESY?
• Make sure you find out whether or not your child will be receiving related services (speech, OT, etc) during the summer, and how those will be scheduled. If you are going to opt out of the classroom / instructional portion of the District's ESY offer, ask whether the services will still be available.

* If ESY was not offered, decide if there is a dispute about this, and if you need to put the District on notice that you believe ESY is necessary. Contact a special education attorney or advocate if needed.

6. Sign up for summer activities

• Don't forget that summer is also about fun and taking a break from school!
• Find out what camps, sport and other activities are available in your community. (www.mysummercamps.com has a directory of summer camp programs for kids, including a listing specific to kids with special needs)
  
• If your child participates in school-year extra-curricular activities, like sports or clubs, make sure that you are aware of anything that carries over into the summer.
  
• Research how to sign up for activities so that you can make sure your child will be able to participate. Get copies of any applicable policies and procedures, and find out about the time commitment and schedule.
• Consider whether your child needs reinforcements, behavior support, or other supplementary aids or supports to participate.

* Help your child maintain continuity by gathering contact information for your child's school friends to use for play dates and activities during the summer.

Fast Fact Friday: Attorney or Advocate at IEP Team Meetings

Is a parent permitted to bring an advocate or attorney to an IEP meeting?

Yes! Parents are permitted, at their own discretion, to bring to the IEP meeting any individual with "knowledge or special expertise regarding the child." 20 U.S.C. 1414(d)(1)(B)(vi); 34 C.F.R. section 300.344.

This can include an advocate, friend, relative, attorney, other professional, caseworker / social worker, therapist, etc.

It is important to note that if the parent invites the individual, it is the parent who has the ability to make the determination as to whether the person has "knowledge or special expertise." The District can't, therefore, prevent parents from bringing an advocate or an attorney to the meeting! Even if there isn't already a dispute, and even if the District has not invited their own attorney, the parent has the explicit right to include any individual he/she deems to be an appropriate IEP team member, including their attorney or advocate.

This provision goes towards the ability of parents to meaningfully participate in the IEP process. Parents can choose to bring an educational advocate or special education attorney to assist them in participating and will help to ensure that they fully understand the offer. If they are denied the right to bring such persons to an IEP meeting, they may in turn be denied the ability to give informed consent to the program.