Yes, School Districts Do Hold IEP/504 Meetings and Do Evaluations During Summer

Well, summer is flying by, and if your child doesn’t have an appropriate placement at school, don’t lose hope. If the IEP/504 Plan isn’t right, many school districts seek to “protect their staff” from the instrusions of working with parents and administrative issues during summer because they are working with reduced staff. No school district is exempt from this tactic, to my knowledge. They all seem to say, “It can wait until Fall.”

Well, the first day of school with an inappropriate IEP is not an It-Can-Wait item, is it? So let’s get with it and see what we can do.

First, moderate to large school districts don’t shut down their administrative offices, and it is in these administrative offices that anything can be done for an IEP change and evaluations that might be done during school months at local schools.

How do we get that done? Letters. Phone calls. Find out who is in charge of special education at your child’s school during summer months and make it clear by phone, personal visits, and writing that your child’s issues can’t wait. Explain on the phone that your child’s access to education doesn’t exist with an inappropriate IEP or without adequate evaluations to know what is really needed. On paper, write the district that your child’s IEP is inappropriate and this is denial of equal access to his education under both IDEA and Section 504. Go ahead and use the law to back up what you say. It’s what makes them move during summer. Write that without an immediate evaluation, no appropriate IEP could be drawn up because the data doesn’t exist to make placement decisions correctly.

If your child is one who learns slowly and will have great difficulty catching up after missing months of appropriate instruction, say so bluntly. “My child will suffer a loss of opportunity to learn and will require months of remedial efforts to catch up. This does not represent equal access to learning, equal opportunity to learn, nor equal effectiveness in education.”

One of my clients went so far as to say, “Andy is not receiving FAPE with his current IEP. Continuing with this inappropriate IEP isn’t exactly child abuse, but it is mentally and emotionally abusive to keep a child in a regimen of demands he can’t cope with until he becomes emotionally ill. This is what I see happening to my child and I will use every social, administrative and legal means I can find to stop it, including complaints to the State DOE and the Office for Civil Rights.” Her child was being damaged emotionally by a do-nothing administration that had put off evaluations and appropriate IEP provisions for two years. The month she wrote this letter, there was action.

A complaint to Office for Civil Rights involves vast amounts of data collection and proof of appropriate action or justification of why no action was taken. Hundreds of man hours, hundreds of papers, forms, etc. take man hours away from their daily duties in the school district. When that threat exists, many school districts take another, harder look at what needs to be done for the child, and it is often cheaper to serve appropriately in education than to defend against a complaint to Office for Civil Rights.

I’m NOT recommending you automatically throw out such threats. If they are warranted, don’t delay. But put your self in the district’s shoes. Your child’s needs must be presented to them in such a way that it is impossible to deny what is needed. Use the law and regulations. Get your district’s procedures and quote their own rules and procedures at them. These must comply with federal and state laws, so what you need will be there. Find it and use it.

The fact that it is summer does not justify delaying implementation of special education policy and procedures.

Tell them simply: “Jason’s education is negatively impacted every day he goes to school with an inappropriate IEP. Jason is entitled an appropriate IEP every day that he goes to school, including the first day of school in September, 2014.” Then tell them when you will be in their office to sign the consent for evaluation (give them 3 or 4 business days to prepare it for you) or give them 2 options when you can be available for IEP meetings in 7 to 10 business days. Give your contact information and then mail the letter so someone must sign for its receipt–certified or registered. Or hand carry it with a notation on YOUR copy that this letter was “Hand delivered to _____ on (date)” to be signed by the person who accepts it from you.

School districts do function in the summer. If you don’t know whether your district is open in summertime and no one answers the phone, call your state’s Department of Education special education office. They will tell you if it is open for business. If it is, you just have to put your child’s case on their list of priorities.

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Prepare For Your Child’s IEP Review in May, Pt. 2

Note: As in Part 1 of this series, mentions of IEP will also include Sec. 504 and Section 504 plans.

Part 2 of Prepare For Your Child’s IEP Review in May will ask parents and guardians to think of some things that are NOT on the IEP or 504 Plan but which contribute to the quality and confidentiality.  Special education law requires that an IEP be “up to date” so that a student is receiving services and accommodations that will allow equal access to and equal opportunity for a Free, Appropriate Public Education (FAPE).  Many students need few services or accommodations beyond what is in a standard special education program, and when this is the case, reviewing or changing an IEP every year is a matter that schools and even parents may take for granted.  But sometimes school staff are given the task of keeping IEPs updated with a nearly impossible condition–do virtually all IEP reviews in MAY so the education plan is freshly prepared for the Fall semester.  If your school has only 90 students in special education, that can work.  For larger schools and larger districts, it doesn’t.  Here’s why.

1.  IEPs are “living” documents that should change as a child’s growth and maturation occur so that development of new skills and abilities as well as failure to meet developmental milestones is taken into account.  An IEP that stays the same year after year is rarely appropriate if it is rubber-stamped annually by staff who fail to evaluate and convey to parents what changes are occurring and what that means to a child’s education.

Students who grow bored and frustrated with programs that don’t work and keep them from any realistic academic success are potential dropouts.  Schools that write them off know this; to parents it’s a hit in the head when it happens because all they know is that school was always hard for their child.  They don’t know there are programs for dyslexia and central auditory processing disorder the school didn’t use, things that work, like Lindamood-Bell, Fast ForWord, Wilson, and other language therapy-based learning programs that are very costly but which are very effective.  They don’t know that when their child was faced with math, he simply shut down and scribbled on paper whatever came to mind just to be occupied while other students wrote down what they actually had learned.  They couldn’t know that every day their child went to school it was a supreme act of obedience and respect for their wishes because inside there was no reward or benefit other than seeing friends between classes and for a few minutes before and after school.  The rest was one long desert.  When such a student drops out at last, it is an effort to remain whole before a world of people who judge him or her as “deficient,” “dumb” or slow, as second-class and not worth a real effort.  Valueless.  Worthless.  A waste of space and skin.  This happens because a school district determined to “save money” left a child unable to function academically to grow up without efficient learning skills and a future of frequent or chronic unemployment.  Some students are lucky and find success in non-academic areas; there are not promises or guarantees that any student written off in this manner will achieve this.  They are the exception, not the rule.

The Point:  If your child’s IEP meeting is so short and so lacking in information that all you remember is where you were asked to sign the IEP, you need to double-check your child’s progress and achievement to be sure everything is in place that should be.  If it isn’t, find your local education advocate hat and work with him/her to make sure your child’s education is appropriate.  Hint:  15 minutes or less is NOT enough time to discuss a year’s worth of progress or failure or any combination of those or to plan effective remedies and accommodations for any child’s deficits and weaknesses.

2.  When hundreds of IEPs must be done in such a short time, some schools look for ways to speed things up.  My son’s school district chose to notify all parents by mail that their IEP review would be in the school library on X date at Y time.  When we arrived, we discovered hundreds of other families were already there waiting for their 15 minutes.  At every table in the biggest library room was one special education teacher.  The principal and special education assistant principal were “roaming”, going to the various tables as a teacher raised her hand to indicate it was time for one of them to sign that they had “attended” this IEP meeting.

Think about it.  Inadequate time for individualized planning for a child’s entire year of education.  A public setting for a confidential event.  School administrators signing off on documents that indicated they had attended the IEP meeting when in fact they had only been within 100 feet of a hurried, low-pitched request to “sign here.”  Violations?  Yes, indeed.  Violations of IDEA, Section 504, FERPA, and common sense.  Office for Civil Rights did not look kindly upon that behavior and demanded that all the IEPs be done individually and in confidential settings from the date of that correction letter forward.  Don’t let the size of your school district push you to let them railroad your child’s IEP into a circus event or another rubber-stamping of the education plan.

3.  “Sign here.”  One school in our district actually called parents in for an “office visit” at which time a school secretary handed the parent the signature page of an IEP plan and said, “Sign here.”  The parent began to examine the page and the secretary took it back.  “It’s just a school document that needs your signature.”  Again she pointed to the line.  “Sign here, please.”  NO IEP IS VALID IF IT DOESN’T REFLECT A STUDENT’S INDIVIDUAL NEEDS.  NO IEP MEETING IS ADEQUATE IF PARENTS ARE NOT PRESENT AND PARTICIPATING.

In this case, the school held a meeting and decided UNILATERALLY and without parental input or consent what should be on the students’ IEPs.  This is, quite simply, illegal.  Then they used the pages parents were asked to sign in complete ignorance.  So much for INFORMED consent!  Don’t sign anything about an IEP if you are not involved in the planning process.  Make your formal complaint to the superintendent of the district with a copy to the State Department of Education.

4.  It’s been a difficult year and the school staff tell you your child will be going to a different program in a different school next year.  STOP RIGHT THERE.  If you were not informed along the way of the difficulties and why the school staff want to consider a different placement, they are not keeping your informed and you do NOT have to consent to their one-sided decision to move your child away from the school he/she knows.  You should have been informed, given options and alternatives, and you should visit other schools before such a decision is made.  That’s IF you agree a different school is necessary.  If you do NOT agree, the district will have to take the case to Due Process before such a move can be made.  That could take 6 months or so.  Meanwhile, your child stays where he/she is.

5.  Bullying is NOT a natural behavior.  It is a learned behavior that can be unlearned.  If your child is the target of bullying, use the current emphasis on anti-bullying programs to insist the school tackle the problem head-on instead of ignoring it.  No school staff should ever look the other way when bullying is going on, and they should not be participating in it, either.

You can use an IEP to move your child to another school if bullying is a problem.  Or you can use the IEP to force school staff to counsel your child to learn to be strong and defend himself/herself against bullying; and an IEP may contain something like this:  Jimmy’s teachers will be trained in anti-bullying strategies so they can help teach Jimmy and his classmates how to end bullying.”

6.  Is your child finishing 5th grade this year?  Are you aware that 6th grade is the year when pre-college curriculums begin?  Students who are not in college-prep courses now may not be able to catch up later.  If your child has the intellectual potential to attend college but has grades that don’t even come close to showing that, the problems must be addressed with an IEP that gets right up close to everyone’s nose and in effect, says, “THIS CHILD IS COLLEGE BOUND AND NEEDS THE COURSE WORK AND SUPPORT TO GET HIM/HER THERE.”

Don’t let anyone tell you a child whose grades are A’s through F’s aren’t college stuff.  You tell them, “He’s capable of A’s and B’s most of the time if he’s getting what he needs to learn.  That’s your job.”  Of course you have to supervise the homework process and do your part to make sure he learns how to commit himself to the college goal.

There is a difference of a minimum of $800,000 in earning power between a high school diploma and a college degree.  Many post-secondary certification programs are for careers with similar wages/salaries.  Just tell yourself, “NOBODY WRITES OFF MY CHILD!”  Then work in a non-adversarial way as much as possible to push for the services and accommodations that will make college possibility a reality.

So what if he can’t read now.  He should have been reading long ago and would be if the district were doing its job properly.  This is the year you will fight to get that expensive reading therapy with a speech pathologist or a skilled specialist.  This is the year you’ll tell the school that your child can’t learn math if there are more than 4 (or whatever that number is) students in the room or in his group.  This is the year you’ll be telling them about social skills that sabotage his learning options and the need for social skills training is not to be ignored.  (By the way, your child isn’t the only one who needs this and they all know that.)  If you think your child’s IEP isn’t strong enough to get started on college prep and you KNOW your child is capable, here’s what to do.

A.  This year you’ll find an education advocate online or locally through your parent training organization (PTI, go to http://nichcy.org/families-community/help/parentgroups  or go to Council of Parent Attorneys and Advocates COPAA at www.copaa.net).

B.  You’ll ask for training in advocacy skills through the PTI and you’ll find a new confidence that touches many areas of your life.  You’ll read IDEA Part B and you’ll read Section 504 of the Rehabilitation Act and know your child’s rights and yours.

C.  You’ll find friends who don’t judge your lack of knowledge and who applaud your commitment to your child and your determination to get the education he should have.  You’ll find your nearest Parent to Parent group (go to http://www.p2pusa.org).  You’ll gather people from these groups and who know your child and you’ll never go to another IEP meeting alone.

D.  You’ll watch your child’s skills and abilities grow and increase as the IEP guides everything toward college readiness.  If you’ve never been to college, don’t worry about it.  Lots of people have never been to Kansas City or Albuquerque or Manhattan, but there are maps.  We can get there.  The IEP is the map for your child’s college readiness.

E.  You’ll realize this isn’t a job any family does alone–indeed it truly takes a village.  So you’ll do what your child must do.  You’ll ask for help when you need it and you’ll share when others need what you know or can do.

We didn’t ask for a child with disabilities, but now that we have one, we find the challenge isn’t just to our child.  The challenge is for the entire family, for the people who work with your child.  You are your child’s cheerleader, parent, case manager.

And who is cheering for YOU?  I AM!  YOU CAN DO THIS.  WE CAN DO THIS.  ONE STEP AT A TIME.

It’s April, and May is coming.  Figure out what your child needs for the next academic year; find your helpers.  Post your success here in comments.  We’re looking for them!

 

 

 

Prepare For Your Child’s IEP Review in May, Pt. 1

Hello, Parents, Grandparents, Guardians,

It’s April 22, which means it’s almost May.  May means IEP reviews and 504 Plan reviews.  (For this series, IEP will also mean 504 Plan since 504 plans meet the same academic needs as IEP Plans.)  Whether you think your child’s IEP is fine as it is and can just take a rubber-stamp to keep things going well or you think your child’s current IEP stinks like yesterday’s fish wrappers, there are a few things to consider.

A.  Some students will be changing to bigger, more challenging schools – middle school, high school and may need help with the transition.  We will address this issue today.

B.  The sheer number of special education students in some districts can make it nearly impossible to review all IEPs in May.  However, many school districts will do it anyway and may use methods that violate your child’s and your family’s right to privacy under Family Education and Right to Privacy Act (FERPA).  That’s for tomorrow.

C.  What should be done to address academic failure?  Social promotion is NOT acceptable, and neither is retention.  So….what to do?

D.  Is your child one who needs success is something at school to prevent him or her from giving up altogether?  Is that something a non-academic activity such as sports or drama/theater which require grades better than your child can get with an inappropriate IEP?  Or just better grades?  There IS a way to use IEPs and 504 plans to make these activities available to special education students despite lower grades than required by The Almighty Rules.

The topic for today is that bumpy ride between two levels of academics–elementary school to middle school, middle school to high school.  At this point in life, the majority of students are making huge strides in personal development and learning school that make such large changes reasonable and necessary.  Is your child ready for such momentous changes?

1.  Is your child at the transition point between academic levels–moving from elementary to middle school, middle school to high school?  If so, arrange a conference with your child’s teachers before scheduling the IEP/504 Plan meeting.  Ask if teachers and/or staff see anything about your child, the effect your child’s disability has on his/her education, and your child’s maturity that should be taken into account on the IEP for the next academic level.  What should you be considering?

a.  Many children with disabilities lag behind their peers in social or personal development. Middle school students are beginning to socialize more away from home and the pressure to fit in somewhere becomes intense.  Students who can’t succeed socially are at risk for depression and ostracism – two main ingredients of Columbine and similar events.  Students who are not ready for the leap in greater academic demands are at risk for failure without prevention of failure or immediate remediation.

b.  Middle school brings a change of classroom along with change of subjects AND a change of teacher.  Some children may not really be quite ready for that many changes all at once in September.

c.  In high school, those changes are in place, but the academic intensity increases.  Homework demands soar.  The building is larger, and there will be lost children at first.

d.  Sports and clubs loom large in the social atmosphere and a teenager’s life can become a constant popularity contest if a teen doesn’t perceive his individual value outside that context.

There is an answer when we ask how we can help with this transition.  Summer school.  (Eyes rolling, sighs, OMG, someone says.)  Summer school is held with far fewer students, so hallways are not jammed, classes are small, almost intimate, and students have a chance to start school with new friends already in place.  They already know their way around the building, so they don’t get lost and panicked in crowds.  They already know some of the teachers.  They already know the cafeteria, its rules, its perks.  This is an item for the child’s IEP that will give a jumpstart to what could have been a rocky transition full of potential failure.

If your child does not handle change well,

If your child is somewhat or very socially immature,

If your child is directionally challenged even in a space the size of a lunch bag,

If your child has fears of the bigger, new environment that is coming,

If you think these aspects of your child may interfere with his or her ability to succeed academically during the Fall semester or the entire first year, then summer school is a very reasonable and needed accommodation to request for your child’s IEP or 504 Plan.

If your school denies summer school for reasons that have nothing to do with your child, such as

–we reserve it only for children who failed the academics this year;

–we aren’t babysitters for immature children, find a club for him/her;

–we don’t have the funding for it; or

–there’s a waiting list. . .

grab your local education advocates and make some school administrators realize your child truly NEEDS summer school as a foundation for academic success in the Fall.  You can find advocates at your state’s Parent Training and Information Center (PTI) http://www.parentcenterhub.org/find-your-center/  and at Council of Parent Attorneys and Advocates (COPAA) http://www.copaa.net.

There are no excuses for denial of FAPE for a child with disabilities.  Legislators with pet projects in mind for campaign money donors have cut our education budgets to unreasonably low levels, but there is money to meet special education needs when the alternative is to fill out about a thousand pages of paperwork to respond to a legitimate formal complaint to OCR or to lose all special education funding in the district for refusal to serve.  Sometimes services are not provided just because parents don’t know how to insist or because administrators can deny them.  Summer school does cost money–plenty of it.  It’s a convenient item to cut from the budget if no one complains loud enough. None of these reasons to deny summer school is permissible.

Don’t feel guilty because your child’s education costs more and don’t let anyone make you or your child feel “inferior.”  Don’t let anyone dismiss your child’s needs by saying his/her costs take money away from others.  (Our legislators do that just fine, thank you.)  We don’t flip out OCR complaints every 90 days, only that one time that something absolutely critical was denied and there was no other path to peace.

Because we only get to live each day once and learning is the most important work anyone does for the first 18 years of life, it’s important to give each child appropriate support to achieve success.

 

 

Shutting Down a Nation – What Chance Does a Child Have?

Dear Everyone,

Today our elected Republicans played Dirty. They wanted to eliminate funding for our new “Obamacare” healthcare program, so they refused to authorize funding for essential governmental functions because the two authorizations are together. It is an awesome show of power, a grand display of how ignorance can be used to hurt an entire nation, how personal self-aggrandizement and ego and raise itself up above an entire nation to seek fulfillment. It makes me sick at my stomach.

Our children are the most dependent of all. Their education depends upon funds from various governmental levels to be sufficient to pay for meeting their needs. For years IDEA has been clarifying what must be done to provide FAPE for our children with disabilities, and for all those same years, legislators with more ego than brains have been cutting funding until some school districts can offer only 4 days of school per week, students must share books and therefore can do only half the learning and homework. Parents do NOT agree with this level of funding or kind of educational services, but our legislators’ children usually attend private schools and they don’t have a clue what goes on in public schools. When parents vote, it is their prayer for appropriate education, but it is getting harder and harder to achieve that.

Today we see that there are elected representatives who represent only themselves and not their constituency. The reality is that they want what they want so badly they are willing to shoot an entire nation of people down the toilet rather than compromise. There probably is a word for that kind of person in the English language, but I am a Christian and I’ve never heard it. At least I’ve never heard a word that describes my shock and horror that anyone – or any group of people – would care so little about their fellow humans that they would treat us this way. I don’t have words to describe the depth of loathing, the despair for our future, the futility of belief their actions make me feel. It just doesn’t seem human to behave in such a manner.

Seeing that there are legislators who think nothing of actively working against what the nation needs, how do our children with disabilities stand a chance? How does an individual child stand a chance?

Nobody stands a chance unless we all SPEAK UP. We can’t afford to roll over and let it happen around us. It will take us down with it. Now we have to GET OUT OF THE HOUSE AND SPEAK UP.

WRITE AND CALL your representatives and senators and let them know you support them if they fought this shutdown and let the others know they can’t be so smug about getting your vote in the next election. I’m going to ask my Republican naysayers to give me the procedures for their impeachment. (They have to do it–or they won’t get my vote.) What are you going to ask your elected representatives and senators?

Call. Write. Join the efforts of your local groups that are protesting. Make some noise. What would happen if we all drew a bullseye on our foreheads to represent how they’ve shot us all down? What if we wore that bullseye until that funding is given?

Our public officials have publicly shown us they don’t care much about their public supporters, and it’s time we publicly show them we don’t care much for their public failure to do the job. It wouldn’t hurt to say it once for yourself and repeat it in your child’s name.

Coming to NEW IEP Time

Dear Parents,

For this blog entry, IEP plan and IEP will also mean Section 504 plans.  It isn’t even Easter yet and here I am talking about the new IEPs and Section 504 Plans that will be generated by the thousands at the end of the school year.  There must be a reason for that.  Actually, there are a few reasons.
1.  It is time to make your own evaluation of whether there is a need to make any major changes in the IEP.  If your child is in transition between K-6 and middle school or middle school and high school, it is time to start checking how the next school serves children like yours.  Do they have the teachers with appropriate training for mainstream, inclusion, or special education classrooms?  If your child’s disability is truly unique or has outstanding medical needs, now is the time to start figuring out where and how your child will best be served for FAPE.  If you wait for the school to do it, your child will simply go to the neighborhood school in most cases, and if that isn’t right, it’s harder to change it and extremely more difficult for your child to try to cope with inappropriate placement while adults scratch their heads.  My advice:  start scratching now and get it over with!
2.  Other changes in the IEP to consider at K-6 to middle school is whether your child is college-capable.  Even the under-achiever can be college-capable if we do the next 6 years right.  Even the child who is carrying a list of grades from A to F with total inconsistency may be college-capable IF we do it right now.  Currently 80% of our children with disabilities never finish college because we parents never get what we need to know to help our children become independent learners at the college level.    If you have a child who can do everything well except school, you may have a college-capable child who has never had a way to understand how his teachers are teaching, or he may not have had his attention focused sufficiently, or he may not have been given an IEP that really covered all the bases.  Do your own evaluation of your child and remember that the coursework toward college begins in 6th grade.  If your child can build a model without the instructions, build a dog house without plans, grafitti an entire wall (or a good part of it) with a mural that makes sense and actually has composition and style, understand the workings under the hood of a car or truck, find out anything HE wants to know using libraries and/or computers, you have a child who is more than likely capable of getting through college IF he gets what he needs to learn now.
3.  Now is the time to consider whether a summer course to catch up in a subject where he has fallen behind is in order–or a summer course to introduce an upcoming subject he’s interested in.
4.  If you and your child think college is simply out of the question, then consider whether putting some vocational goals into the IEP would give a boost toward becoming a wage-earner or an entrepreneur.  I know several students who started their own small “trading companies” in 6th grade who are now business owners, two are internetpreneuers, and one has just made a microloan to somebody to help her get started in her own business.  NEVER discount what your child might be capable of if we assume the best and support the development of everything possible to bring the best right up front.  Ask yourself, what would be the IEP items that do this for the upcoming year?  You’ll need to call your school district’s admins to find out what they offer and whether your child is eligible at his own school or at another school where some special program might be just his cup of tea.
5.  There are differences between elementary and middle school that are obvious–now instead of 2 or 3 teachers, your child will have 6-9 teachers, and will move between classes.  I want you to take a moment to think about that.  Is your child ready for this?  There are developmental things that have to happen before a child can even think of handling this mix, and if your child isn’t ready, it will spell disaster.
First, if your child has difficulty with social skills, being thrown into a setting with a new group of people every hour will be extremely confusing and overwhelming.
Second, if mobility is an issue, it will take time to work it all out.
Third, if your child is disorganized, this is a freight train coming down the tunnel and the light is shining right into his eyes.  IF you are also disorganized, think about getting a coach to help both of you put those skills in place.
Fourth, learning takes a big jump in the classroom and homework takes a big jump at home.  If homework has been the Battle of the Ages at your house, the IEP must take into consideration whether it is reasonable to ask a child’s family to be held hostage on the Homework Train.  It also isn’t reasonable to think a child will spend so much time on homework that he can’t be a child and learn how people live when they’re not doing homework.  This will require some heavy-duty advocacy skills because it means you may be asking for reduced homework for a child who requires drill (a bit more work) to learn.  Maybe we haven’t really determined this child’s most effective learning style/strategies, and the IEP needs to make that happen.
6.  If your child gets lost easily, a bigger middle or high school will invite more getting lost and confusion between classes, costing your child the peace of mind he needs to use for learning when he finally finds his classroom.  If your child does not handle change well, you can imagine what 6 or 7 class changes per day will do to his mood/emotional stability/learning ability during the day.  He needs time to accommodate these changes.  These are the perfect reasons for summer school at the new school–and don’t let anyone convince you that the ONLY way a child can attend summer school in your district is if he’s failing.  Remind them that the IEP is the tool invented by legislators and educators for the purpose of bending the rules and making necessary accommodations for disability.
7.  Here’s another rule-bender:  if your child’s mobility is slow, super slow, or if pushing/shoving from other students is dangerous to him, he can be released from his classroom early to avoid crowds.  Homework assignments are given and explained at the end of class, which means your child may miss a critical part of each class. There are ways to deal with this: a) Arrange for a daily e-mail or phone call to take its place, b) get a weekly assignment sheet with instructions, or c) arrange for a class buddy (two actually, in case of absence) who will brief your child daily.  Just make some arrangment so your child has the same information the other students have so he can do his homework.
8.  DO NOT ALLOW A MASS IEP MEETING SETTING.  My children went to school in the 4th largest school district in the nation, and some of our school principals caved to the numbers and went mass production on IEPs.  In May, every SpEd parent received a letter about an IEP meeting to be held for 15 minutes in the library or the gymnasium.  I thought to myself that these are very strange places for an IEP meeting for a small group of people to be held, and 15 minutes was in no way long enough for what always took us at least an hour.  When I called to check, I was told we’d be given extra time if we needed it.
When we arrived for the IEP meeting, there was no parking for a full block away.  The hallways were full of parents, all headed for the same two rooms.  When we got into the room, there was a “traffic director” lining parents up according to some teacher’s name and appointment time.  Lines of people were told to keep an eye on the table where their meeting would be held and move to it as the family before them vacated it.  (This is confidentiality?  Privacy?  Don’t think so.  What do the people at the next table, only 3 feet away hear from your child’s case?)
When it was our turn, we were handed an IEP that had been filled out already.  It didn’t have half what our child needed on it.  Was this individualized planning?  Not at all.  Was it one-sided? Of course it was.  Where was our equal partnership in this?  In the toilet next door.  When we objected, it took 20 minutes for an assistant principal to respond because she was on another floor dealing with another IEP (or several).  People in line behind us began to chafe and get angry at us.  (Again, is this confidentiality?)  Only one of our child’s teachers was present at the beginning of the meeting.  We were told each teacher was at a table and couldn’t come to this IEP meeting–now where is that compliance with the representation of each class at the IEP meeting?  When the assistant principal showed up, someone I had considered a friend, I informed her that this meeting was over and that my complaint would be mailed to our state’s Department of Education in the morning.  There would be no stop at the Region level, no stop at the District level.  If they were holding IEP meetings like this, it was because they had DISTRICT APPROVAL to do so.  This was one of the most blatant violations of IDEA I have ever encountered, and it had to end immediately.  Students were being railroaded into inappropriate IEPs by the hundreds and it needed to end.
Now it got ugly.  The district didn’t like my complaint, but they LOVED our state’s response to it.  “You can only complain about the procedures at your own child’s IEP meeting or the others you witnessed at your child’s school.  We cannot assume this was done at any other school.”  (It was done elsewhere, too.  I just didn’t have the families as clients to make the complaint formal.)  So, while the state now knew what the district was doing, it dealt with only one school.  And my son’s school staff were angry with me because now they had to sit down with each family individually and take the time for appropriate IEPs.  And  they had to submit random samplings of IEPs for the next two years to prove they all had different times and dates, full teacher attendance, etc.
I had to settle for “Let them be upset.  It’s the law–for good reasons–and they, like the rest of us–are supposed to comply with the laws, rules, regulations, policies, and procedures.”  If that’s inconvenient, hey!  Disability is very inconvenient, and we just have to figure out how we’re going to live with it.
That’s enough for now.  If you start planning and doing your research now, your child’s transition to the next level can be much smoother and happier for everyone involved.
Happy IEP’ing!

Understanding and Using Cum Files – Attendance and Medication Administration

Hello, Parents!

When parents get their copy of the cumulative file for a child with disabilities, it is a pile of paper filled with words and phrases we don’t understand, forms that seem to mean nothing but we know they are important or they wouldn’t be there, etc.  And there are things we do understand–immunization records, attendance records, things we sent in ourselves.  But with a file that can grow to 4” or 5” thick by 3rd grade for some children, there’s a lot that needs explanations.  Or just some determined examination.  So what is all this?  This post will stick strictly to issues involving special education papers in your child’s cum.

Attendance:  If your child’s attendance is at issue, use your own calendar at home to double-check the school’s records.  At the end of the school year, districts count the days of absence and may tell parents the student has missed too many days of school and will not be promoted to the next grade.  

I’ve seen times where the student was an honor roll student and the form letter goes out anyway.  It’s a big mess, lots of yelling and howling, finger-pointing and all that.  In the end, a good student gets a common-sense over-ride and advances.

But what if your child is a borderline case, one day makes a difference, and you can prove your case that the school is wrong because your calendar says so?  Your calendar can win the day.

What about behavior problems in a district where principals or school staff are allowed to call parents and say, “Joey isn’t behaving appropriately today so we need you to come pick him up and take him home for the rest of the day.”  And it’s still morning.  It’s wrong, but it’s done all the time.

What’s wrong about this strategy?

School staff are not teaching Joey when they send him home. He’s being denied access to his education.  Not just equal access, but any access, is denied.

Joey isn’t learning skills and strategies for learning or appropriate behaviors that permit learning, so his Free, Appropriate Public Education is denied.

Joey is being removed from very setting he most needs to be in so he can learn how to behave properly in it!

If parents don’t know that IDEA requires schools to develop behavior modification plans and class management plans that give teachers ways to help Joey learn better school behavior and participate in learning, Joey will eventually miss so much school he can’t progress.  He is a future dropout at best.

Parent Advocacy Skill:

“I’m sorry, Ms. Principal, but Joey won’t be coming home with us today.  He needs to be at school to learn, and we need to hold an IEP meeting to develop an appropriate behavior modification plan so he can learn good learning behaviors.  I’m available Thursday at 10 a.m. and Friday at 3 p.m.  next week.”

Ms. Principal will find your written IEP meeting request on her desk tomorrow morning.  “The school continues to request that we bring Joey home before the end of the school day because he is unable to perform good learning behaviors.  I am requesting an IEP meeting to plan appropriate behavior management strategies for his IEP so he can begin to learn appropriate school behavior.  Please let me know within three working days when this IEP meeting will be held.”

If your principal responds that there must be some observations and/or evaluations done before an IEP meeting, this is good news.  IF these are done and done in a timely manner, it is good news.  It should mean that a school counselor or psychologist is checking what triggers inappropriate behaviors from your child and how to avoid them or teach your child how to manage himself.  This evaluation period should not take more than a week or two, but in larger districts, staff time allocation may take up to 30 days.  Check in periodically (not more than weekly) to see how things are going and to say thank you.

Make a list of behaviors and triggers that happen at home that school staff can discuss in this meeting with you that will help them further understand your child’s needs.

Medication Logs (Individual and school):  If your child’s grades are not what you believe she is capable of, look at medication logs, especially if medications are to help with behavior, focus and concentration, or compulsion.

Medications must be given to children at the proper time for them to be effective.  Watch out for these errors:

A.  given too early — may create an overdosing effect that temporarily impairs your child’s ability to stay awake, focus, concentrate, or participate fully in class

B.  given too late — creates a gap where lack of medication is when behavior deteriorates and learning is no longer possible; and

–worse, creates the possibility that the late dosing causes an overlap with the next dose that then becomes the overdose situation

C.  not given at all

Is it just once or is it a recurring pattern of sloppy administration?  If it’s a pattern of lax management, document it in a list of times and dates or on a calendar.   Write directly to the principal.  “Jenny’s medications were administered inappropriately as follows:  (list the times, dates and medications not done correctly).   Jenny’s medications must be given according to the following schedule:   (then give that schedule).”

Your child’s file doesn’t have any medication administration records in it?  Then you need to see the school’s medication administration log.  By law they must record every medication administered to a student, when (by date and time), and by whom.

If staff tell you they can’t let you see it for confidentiality reasons, tell them you know they can redact a copy of the log so you can see what you need to see for your child’s case.  School staff will have to black out other student’s names, but they must allow you to see that record.

If you find medication administration is sloppy, look for evidence of how your child might be affected by it, talk to teachers for their impressions, etc.  If it’s clear or even possible that your child’s education is being impaired by sloppy medication management, it’s time for another letter and phone call to your principal.

“I’ve noticed Jenny’s medications are not being administered according to the schedule the doctor has requested and it is impairing Jenny’s ability to learn and participate fully in class.  Jenny’s medications must be given according to the following schedule:   (then give that schedule).”   Don’t forget to close with a thank you for helping Jenny succeed at school.

After two weeks, ask for copies of the last two weeks of medication logs.  (No excuses about confidentiality allowed.)  Once they understand you are looking over their shoulder frequently to monitor your child’s medication administration, it should improve.  If it doesn’t improve within two weeks, call and write to the supervisor of your school’s principal.  After two weeks, if there is no improvement, go up another level.  Give each level two weeks to improve.

Consider also that if the schedule for your child’s medications is not in the IEP, it might help to put it in there–so call for an IEP meeting to do that.

However, if lax medication administration is health- or life-threatening, don’t wait–just start with a call to the principal.  If the principal is not immediately supportive, call the next level above and write if they ask you to do so.  If you can’t get better medication management, call your state’s special education monitors in your Department of Education and ask for assistance.  You WILL get help.  Nobody gets to fool around with meds.

If your child has a 504 plan, all of this post applies to your child’s case.  Just substitute 504 for IEP, and there you have it.

This is all for now.  In the next post we’ll be looking at how to use minutes of meetings about your child, behavioral records, teacher referrals, teacher/staff notes, observation records and/or anecdotes to help your child.

Summer and Summer School (or not)

Well, you’ve probably noticed that the last post was the last post for a while. Maybe you fell asleep waiting for the next one. Well, you’ve had time for a nice nap. Time to wake up–and the kids are out of school for the summer, so you can’t sleep in now, anyway! Summer. It just isn’t the same for many children with disabilities, especially those with learning disabilities who forget so much during summer that they spend months of the new school year re-learning rather than keeping pace with peers. What should summer be for those children?

As a parent of two children with disabilities, I had to decide the summer school issue for one of them, and until he was 16, he never had a summer at home. He didn’t know what a lazy summer week was like because he was always chasing the learning objectives and goals, even if we were on vacation trips. We just folded everything educational about trips (the only kind we ever did because it’s what we love) into what he was learning at school and off we went. At 16 he had a stomach ulcer due to the stress of learning and we felt he needed a break, so he got his first summer off. He refused to go to summer school again. He didn’t get the regular high school diploma, and he’ll have to get the GED if he wants to get more education, but he can do it if he chooses. He knows what he has to do to learn. That was a major point of all the extra time spent in school…just for him to know what it takes and how he has to do it so he can do it on demand.

Too many parents don’t want to fight with schools to get extended school year on the IEPs because budgets in school districts are so tight that the fight has gotten worse than it ever was. Summer school, if it isn’t all regular classes, might be an option. At the same time, ADA is clearer than ever on that point, and using it and Section 504 in addition to IDEA will make your struggle easier. If a child can’t learn in the fall because he didn’t retain enough over summer, he needs summer school or the extended school year based on implementation of his IEP, not based on whatever programming the district wants to provide for every student this year.

If your child has already shown signs of forgetting too much, it is not too late to call for an IEP meeting to place your child in an extended year program. It might not happen before this summer is over, but when the longer school breaks occur, such as at Christmas and between semesters, your child will be in school retaining and learning rather than forgetting, and for next summer, there will be no large gaps forming in his memory bank. Start that process now if you believe your child needs the extended school year on his IEP.

What can you do in the meantime? You’re using a computer to read this blog, and your child can use the computer to access summer learning (and retention-boosting) activities. The internet is full of games based on math and other learning opportunities, and you can find many of them by searching for “math games, social studies games, spelling games, etc. Electronic stores such as Best Buy, Tiger Direct carry educational software you can use to boost memory and retention during the summer.

Here are some links you may find useful to maintain learning levels during this summer.

Apples 4 the Teacher http://www.apples4theteacher.com
Covers all core content subjects, K-12

SoftSchools.com
http://www.softschools.com/
covers K-12, incudes geometry, French, Spanish

many subjects for k-12
http://www.mrnussbaum.com/
includes games that respond to student answers to create new learning opportunities
Social Studies
http://www.socialstudiesforkids.com/subjects/funandgames.htm
http://classroom.jc-schools.net/basic/socst.html

Gameaquarium.com
http://www.gamequarium.com/languagearts.htm K-6 with resources for teachers, parents

Language Arts
K-8, great resource
http://games.pppst.com/languagearts.html

Language arts, middle & high school with great links to resources
http://www.internet4classrooms.com/lang_mid.htm

Math
Vedic math, game-based, ancient math based on different methods more easily learned and remembered
http://www.mathmonkey.com

CoolMath4Kids.com
Pure games and learning
http://www.coolmath4kids.com/math_puzzles/index.html

Social Studies
Multiple disciplines
http://www.socialstudiesforkids.com/

You get the idea. You search for the topic and grade level you want and poof! the internet finds it and delivers it to your screen for your child’s entertainment and learning.

Now, be fair and give your child a turn!