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.

 

 

New Year, New Semester, Same Old Inappropriate IEP?

This is the post that wraps up 2013 and takes a look at 2014.  With children who have disabilities, we have to think about the future as something that MUST, I mean absolutely MUST bring progress toward future independence.  Here are a few questions to consider in the academic realm that require a community effort to solve.

1.  If your child was not invited to holiday parties by the neighbor children or classmates, why not?  Are her social skills so far behind those of her peers that they choose not to be around her?

Help:  Some children must be taught to interpret social cues coming from tones of speech, facial expressions, and body language.  If your child is actively being excluded from participation with peers, ask teachers to tell you what they think causes this to happen at school.  If you attend religious services and your child is in a classroom, ask what those teachers see.  Ask a school counselor to help you design ways to help your child become more socially “fluent” at school and if necessary, call for an IEP meeting to make it formal and mandatory.  Good students are usually socially adept and work well in teams.   This is not “learning to party.”  This is to learn how to function in the total academic setting–where being accepted as part of a group leads to the shared learning and study groups experience that is vital to academic success.

2.  If your child has not made progress in reading, reverses letters, and had difficulty with directions and sequencing, Try Harder is not the program for success.  Many children with dyslexia and various reading problems need therapy with speech pathologists and programs such as Lindamood-Bell, Fast ForWord, and other help to develop phonic awareness and sequencing ability.  These are expensive programs that many school districts have refused to purchase because they believe they can’t justify the expense to serve one child.  There probably are less than a dozen school districts in the nation that have only one child in need of one of these programs.
Help:
Step A:  Make your request for immediate evaluation for what your child needs for learning to read.
Step B: If the evalution recommendations include therapy, insist that therapy be provided.  The excuse that ‘This district doesn’t do that,” is a denial of FAPE.  If such denials occur, notify your state Department of Education’s department of Special Education and they should help you enforce your child’s right to FAPE.
3.  If your child is in special education classes but the class is still too large for your child to be successful, you may request and get smaller settings for him.
Help:  The school staff will protest that this “isolates your child,” or “makes him stand out as different”.  Don’t listen to that.  For certain things, we have to remember that this “isolation” is what he needs now and may not always be needed.  It may only be required for one or two subject areas.  Whatever his needs are, he is entitled to an education that includes successful learning in ALL subjects.  Write to the school principal to request an IEP or 504 Plan meeting to add the appropriate placement details to the plan.
Whatever your child requires to learn and access his education appropriately is the MAIN IDEA here.  What does he require?  Is he getting it?  A new year is beginning.  It’s a great time to start a new line of requests for your child’s FAPE.

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.

New School Year and Still No Reading Success?

Many school districts open for classes in August, and by mid-September, many teachers have started the new year’s instruction. For students with good memory, times have been good because much of the day was spent in review with only a little new material added. By the end of September, all the material will be new. Is your child’s IEP ready? Today’s example deals with reading and phonological awareness.

If your child is not reading properly but is not reversing letters or words in a dyslexic way, you might have heard the phrase “phonological deficits” during an IEP meeting or evaluation discussion. This phrase means a child is struggling to understand the meanings and patterns of spoken words and may find it too difficult to link poorly- understood sound to written symbols.

Trying harder is 100% an ineffective disaster strategy for these children. They are trying their best every time they look at print. If trying were the key, they’d be reading encyclopedias. These children need a kind of language therapy that has been incorporated into the Lindamood-Bell program and Fast ForWord program. These programs present sound information in ways that allow these students to develop the neurological pathways for interpreting sounds and learning to read. Children can sometimes gain years’ worth of skills in a matter of months. Some are able to exit special education when finished if reading was their only learning disability.

Lindamood-Bell and Fast ForWord are both expensive and school districts don’t provide them easily or upon request. When my child needed such therapy, it took an entire semester of meetings, letters, and finally an offer to write to Office for Civil Rights to get their opinion on the matter before our school district consented to try just 12 weeks. In that time, he gained 2 years of skills; today my son’s favorite activity is reading law and case histories–for fun.

Today, 10 years later, I attended an IEP as advocate for a child whose psychological evaluation report contained recommendations for Lindamood-Bell or Fast ForWord. Neither is in the IEP. Why? The school offers neither, and while there are discussions and/or negotiations underway to buy/use a similar program, the issue is not settled yet. Instead of a fully appropriate IEP, there is a request for the parent to allow the school time to see if the student can make progress with only being identified and placed as an SLD student. Staff asked the parent to wait until January “to see if”. That is half the school year! Is this adequate? It is not FAPE, surely.

It is “enough” because the parent is willing to wait and see. But not half the year. One month. That is time enough to see if behaviors are beginning to improve, if academics are starting to advance. If not, what is the remedy?

In cases like this, the school district has no choice. Its own evaluation report recommends one of these two programs or one like them. All are costly. A school district will only buy one of these if it is determined that there are enough students to benefit from it AND justify the expense. If there are no parents insisting that their child’s education requires this, a district can put off buying a program every year for years. Here is another fact: If a student must have one of these programs in order to learn, one of them must be provided. If FAPE cannot be provided without using some program to develop phonological awareness and skills, then such a program must be provided. Period.  The expense is justified by the child’s need.

There are at least 4 ways to provide for this need:

1. School district must buy a an appropriate program that remedies phonological deficits and provide it to students who need it. This takes time, especially if school speech pathologists and/or other staff must then be trained to teach the program.**

2. Transfer the student to a public school that has the program.

3. Transfer the student to a private school that has the program (and at district expense).

4. District arranges and pays for after-school services. (And pays for or provides transportation to and from if parents can’t.)

There will be a trial period before seeking to enforce this for today’s case because we truly don’t know if the change to special education will be enough to provide sufficient advancement and progress. We don’t really think it will take half a school year to know if progress is being made, but close monitoring will tell us what we need to know.

Parents, if a school evaluation makes a recommendation and then the district does nothing to address it, you should insist the appropriate service be provided by whatever means the school district can arrange. Your child’s access to an appropriate education is at stake. Go for it!

** If a decision has NOT been made to purchase and the district is just “shopping”, do not accept a recommendation to wait until there is a purchase because it may never happen. Also, if you are told it will be a semester or more before your child’s services could begin, don’t agree to wait that long, especially if your child is in a year of school in which a standardized test will mandate retention if your child’s scores are too low. A lifetime of being behind is too high a price for your child to pay just because the district doesn’t want to pay for individual services.

Back in the Saddle

Hello again, Parents, Grandparents, Everyone!

I’ve been “gone” for a while. Broken shoulder, tried a couple of wasting-time jobs, and for a time, lost track of the info I needed to manage the account. But here I am again. And WHAT NEWS!

On January 15, 2014, I will be starting College Prep/College Readiness webinars for parents of disabled students in grades 6-12. Currently 80% of these students are destined to start college but never get the degree no matter how high their grade or SAT/ACT scores.

I am a parent of 2 disabled children with a total of 11different diagnoses. I have 25 years of education and disability consultation/advocacy experience. I KNOW children with disabilities can obtain college degrees from all kinds of schools. After working in the disability services center of Florida International University and finding out what made it possible for those students to succeed, I know it is far MORE THAN ACCOMMODATIONS or IEPs or 504 plans and it should begin in 6th grade.  Success for college students with disabilities began with informed and determined parents.

While writing a book on the subject, I found out why we parents have never had a place to go to learn what we need. We need to know 34 things other parents don’t and all that “stuff” comes out of 8 professional fields.

I will be coaching, offering professional speakers, resources, sample letters and advocacy skills and parent training. We will cover the rights and roles of parents in providing FAPE for a child.  I don’t care how many people are around a computer at school or at home while you do this. I will coach families and their professional support team (doctors, therapists, teachers, etc.) so children with the potential to become college students can also become college graduates.

If you want online coaching to help you become a stronger, positive and successful advocate and case manager for your child, if you want to know how to teach your child to be his own case manager — (successful, YES!) leave your e-mail address in a comment for this post.  Your privacy will be respected.  No post with an e-mail address in it will be published unless the writer specifically requests it.  Comments, anyone?