IEP Look Fors

 

1st.  Look For Progress on the Last IEP:  

The Individualized Education Program (IEP) team should review progress toward the last/previous IEP.  This is the one that has been implemented over the course of the last year.  At the end of an annual - the student has either achieved the goals or they have not. If the school staff mark "making sufficient progress" - the student may have been making some progress but they have not achieved the goal.

If the student has not achieved the IEP goal and the team agrees the student needs more time to work on the goal, it may be carried over into the new IEP.  Parents should pay particular attention to the  IEP progress report before moving into the draft of the new annual IEP. 

2nd.  Look For How the Previous IEP Goals and Objectives Compare to the Proposed.

Look for goals that stay the same from year to year.  When students are making progress, the student will be closing the gap between their level of performance and the grade or age level expectations.  One sign that a student is not making progress, is when the goals and objectives stay the same or the expectations decrease.  For instance, if the goal had previously been that the child would complete a task with no more than 1 verbal prompt and is now that the child will complete a task with no more than 3 verbal prompts, the expectations have decreased.  The previous goal may have been too ambitious, but the student may also have needed some additional supports they did not receive and thus did not make progress.  When goals are carried over from one IEP to the next, the team must discuss what will be done differently since the student did not master that goal.

3rd.   Look for Defined Instructional Levels.

Look for present levels and goals written for "instructional level" without defining what that level is.  For example:  A student's instructional reading level is mid 2nd grade.  The goal is the student will read and comprehend instructional level text with 80% accuracy.  If the student's instructional level is still mid 2nd grade level at the end of the annual - the school may say the student met the goal if they are demonstrating 80% accuracy even though the student is still reading at a 2nd grade instructional level.  

If the goal is the student will read and demonstrate comprehension of mid 3rd grade level text by answering explicit and implicit comprehension questions with 80% accuracy - you can measure a year later whether that goal has been mastered and whether the student is making progress.  

I encourage families to track their child's progress over time to monitor progress.  This can be done with a simple table such as the one below:

Fountas and Pinnell Data

Date
Level
Accuracy
Comprehension
Fluency
Indep/Instr/Frust

4.  Look at What Supports are Being Provided and Proposed.

Is the IEP team able to remove some of the supports?  Is the student gaining skills?  When students are making progress and gaining skills, they often need less supports from adults.  When a student is not making progress, they need more supports or services.  Parents should look for whether the student's team is using accommodations or whether they are helping a student learn skills.

If you have questions, please contact me at ashley@lawforparents.com or 410-206-5997.

Disclaimer:  This blog is made available by the Law For Parents, LLC for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney client relationship between you and the publisher. The blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Parental Consent in the IEP Process. Part 1: The Basics

Parent Consent in the IEP Process
Part 1: The Basics

What The Law Says:
Parents in Maryland now have the right to consent or refuse to consent if the Individualized Education Program (IEP) team proposes to:

1) enroll their child in an alternative education program that does not issue or provide credits towards a Maryland High School Diploma;

2) identify their child for the alternative education assessment aligned with Maryland’s alternative curriculum;

3) include restraint or seclusion in their child’s IEP if the behavior and circumstances are described. *Restraint and seclusion may be used in an emergency without parental consent in accordance with Maryland law.

What Are the Options:
Consent, refuse to consent, neither.

Consent:  If a parent consents to one of the actions described above, the IEP team will implement the action.  For example, if a parent consents to an alternative assessment, the school staff will instruct the student on alternative learning outcomes and will assess them using the alternative education assessment.  The student would be on a certificate track.

Refuse to Consent:  If a parent, refuses to consent to one of the actions described above, the school district cannot implement the proposed action. For example, if a parent refuses to consent to an alternative assessment, the school staff must instruct the student on the Maryland Content Standards and will assess the student using the grade level state assessments.  The student will be on a diploma track.  The school district has the option to pursue mediation or a due process hearing to seek consent for the proposed action.

Neither Consent nor Refuse to Consent:  If a parent does not want to risk the possibility of a due process hearing, they can choose to do neither (consent or refuse). The IEP team must then provide the parent written notice of their right to consent or refuse to consent.  The notice must explain that if the parents do not respond/provide written consent or refusal within 15 business days, the IEP team’s proposed action will be implemented.

IEP teams must review these determinations annually.

The Maryland State Department of Education (MSDE) Parent Consent Technical Assistance Document provides additional guidance related to these new requirements.


Watch For Our Next 2 Parts in this Blog Series:
Part 2:  Alternative Education Assessment and Alternative Learning or Certificate Programs
Part 3:  Restraint and Seclusion


If you have questions about how these new requirements relate to your child's IEP, please contact me at ashley@lawforparents.com to schedule a consultation.  

Disclaimer:  This blog is made available by Law for Parents, LLC for educational purposes only as well as to provide general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney client relationship between you and the publisher. The blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Updates to IDEA Regulations

On June 30, 2017, technical amendments were made to the Individuals with Disabilities Education Act (IDEA) in order to align to the Every Student Succeeds Act of 2015.  These amendments include updating terms such as limited English proficient, regular high school diploma, scientifically based research, and defining charter schools.  The updated regulations can be found by clicking here.  For a summary of the amendments, click here.

If you have questions about how these new requirements relate to your child's IEP, please contact me at ashley@lawforparents.com to schedule a consultation.  

Disclaimer:  This blog is made available by Law for Parents, LLC for educational purposes only as well as to provide general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney client relationship between you and the publisher. The blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

IDEA Amendments Address Discipline Disparities

USDE Addresses Disparities in Discipline of Students with Disabilities Based on Race or Ethnicity

On December 13, 2016, the United States Department of Education (USDE), Office of Special Education and Rehabilitation Services amended regulations to the Individuals with Disabilities Education Act (IDEA).  

The amendments are aimed at promoting equity in disciplinary actions involving students with disabilities.  The amendments establish a standard methodology States must use to determine whether significant disproportionality based on race and ethnicity is occurring in the State and in its local educational agencies (LEAs). They clarify that States must address significant disproportionality in the incidence, duration, and type of disciplinary actions, including suspensions and expulsions, using the same statutory remedies required to address significant disproportionality in the identification and placement of children with disabilities.  The amendments also clarify requirements for the review and revision of policies, practices, and procedures when significant disproportionality is found.  They require that LEAs identify and address the factors contributing to significant disproportionality as part of comprehensive coordinated early intervening services (comprehensive CEIS) and allow these services for children from age 3 through grade 12, with and without disabilities.

While it will be 2018-2019 before the requirements take effect, we are hopeful that the continued focus on disparities will create significant change in school climates and cultures.

To read the draft copy, click here.

Also issued was a Dear Colleague Letter by the Office for Civil Rights (OCR) which reminds schools and parents of their obligation under Title VI of the Civil Rights Act of 1964 (Title VI) not to discriminate on the basis of race, color, or national origin in the administration of special education or related aids and services.  OCR cited their enforcement activities have confirmed that there continues to be over-identification of students of color as having disabilities, under-identification of students of color who do have disabilities, and unlawful delays in evaluating students of color for disability and their need for special education services.

If you have questions about how your child is being disciplined, please contact me at ashley@lawforparents.com to schedule a consultation.  

Disclaimer:  This blog is made available by Law for Parents, LLC for educational purposes only as well as to provide general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney client relationship between you and the publisher. The blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

When Do I Need a Special Education Attorney?

If you are asking yourself this question, you probably have concerns with your child’s education or have questions as to the process.  Both are indicators it’s time to set up a consultation with an attorney in order to have your child’s educational program analyzed and receive the information you need to protect your child’s right to a free appropriate public education.

Whether it’s taxes, purchasing a home, seeking medical attention, or getting a car repaired, we seek information and expert opinions to educate ourselves regarding the matter.  While there are a multitude of resources available on the internet, not all of these resources are trustworthy but more importantly the application of this information is typically not applicable to your individual child’s circumstances.  I can read or watch a You-Tube video on how to change the air filter in my car, but if I get the hood open and the part is not as described, I will most likely end up causing damage to the engine rather than saving the money I had intended to save by trying to DIY.  The same unintended damage can happen to your child’s education.

We have clients who after researching their particular concern thought they should advocate for their child’s disability code to be changed not realizing the repercussions that would hold for their child’s future.  We have had clients agree to changes in placement for their child not realizing what types of behaviors their child would now be exposed to.  The list of Individualized Education Program (IEP) missteps, misunderstandings, and misguided good intentions is innumerable.  This is why the best answer as to when to hire an attorney is before there is a concern or a problem. It goes back to the old saying – be proactive rather than reactive.

The following scenarios provide examples of when you might also need a special education attorney:

• If you are unsure as to whether your child is making progress.
• If you have disagreed with school-based members of your IEP team.
• If you have filed for mediation or due process without an attorney.
• If your child has been disciplined in ways that you feel are not appropriate.
• If your child is continually being sent home without being suspended or is suspended more than 10 days.
• If you have been invited to a manifestation determination meeting and don’t know what it is.
• If your child has been recommended for expulsion.
• If the school team is recommending your child be sent to another school/program.

Do not put your child’s right to free appropriate public education at risk due to a lack of knowledge or understanding.  Special education involves not only the intricacies of the law but also knowledge of educational research and instructional methodologies.  Attorneys who practice in special education can guide you through the paperwork, processes, and advise you as to the appropriate actions to take based on your child’s individual needs. 

If you would like more information, please contact me at ashley@lawforparents.com to schedule a consultation.  

Disclaimer:  This blog is made available by Law for Parents, LLC for educational purposes only as well as to provide general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney client relationship between you and the publisher. The blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Are Your Child’s Suspensions Denying Them a Free Appropriate Public Education?

Are Your Child’s Suspensions Denying Them a

Free Appropriate Public Education?

The United States Department of Education (USDE) released guidance this week through a Dear Colleague Letter indicating that short term suspensions or disciplinary removals may result in a denial of free appropriate public education (FAPE) for students with disabilities.  The guidance serves as a reminder to school staff to consider the child’s needs and the effects that suspension may have on the child and to provide alternatives to excluding the child from school.

The USDE identified many supports Individualized Education Program (IEP) teams could include in a student’s IEP that could assist a child to benefit from special education including the following:

• instruction and reinforcement of school expectations;
• violence prevention programs;
• anger management groups;
• counseling for mental health issues;
• life skills training; or
• social skills instruction.

The guidance also emphasized the importance of providing behavioral supports to students in the least restrictive environment.  IEP teams may not remove the child from the general education environment solely due to the child’s behavior when behavioral supports could be effective in the regular education setting.  The USDE included social skills instruction, meetings with a behavioral coach, and training for school personnel as examples of such behavioral supports for IEP teams to consider.

Determining whether a child has been denied a FAPE is based upon the facts in individual case by case situations.  The Dear Colleague Letter listed the following, “circumstances that may indicate either a procedural or substantive failure in the development, review, or revision of the IEP include, but are not limited to, the following:

• The IEP Team did not consider the inclusion of positive behavioral interventions and supports in response to behavior that impeded the child’s learning or that of others;
• School officials failed to schedule an IEP Team meeting to review the IEP to address behavioral concerns after a reasonable parental request;
• The IEP Team failed to discuss the parent’s concerns about the child’s behavior, and its effects on the child’s learning, during an IEP Team meeting;
• There are no behavioral supports in the child’s IEP, even when the IEP Team determines they are necessary for the child;
• The behavioral supports in the IEP are inappropriate for the child (e.g., the frequency, scope or duration of the behavioral supports is insufficient to prevent behaviors that impede the learning of the child or others; or consistent application of the child’s behavioral supports has not accomplished positive changes in behavior, but instead has resulted in behavior that continues to impede, or further impedes, learning for the child or others);
• The behavioral supports in the child’s IEP are appropriate, but are not being implemented or not being properly implemented (e.g., teachers are not trained in classroom management responses or de-escalation techniques or those techniques are not being consistently implemented); or
• School personnel have implemented behavioral supports not included in the IEP that are not appropriate for the child.”

The Dear Colleague Letter also identified, “circumstances that may indicate that the child’s IEP is not reasonably calculated to provide a meaningful educational benefit include, but are not limited to, the following:

• The child is displaying a pattern of behaviors that impede his or her learning or that of others and is not receiving any behavioral supports;
• The child experiences a series of disciplinary removals from the current placement of 10 days or fewer (which do not constitute a disciplinary change in placement) for separate incidents of misconduct that impede the child’s learning or that of others, and the need for behavioral supports is not considered or addressed by the IEP Team; or 
• The child experiences a lack of expected progress toward the annual goals that is related to his or her disciplinary removals or the lack of behavioral supports, and the child’s IEP is neither reviewed nor revised.”

Not only do removals from school potentially result in a denial of FAPE, the USDE also provided a sampling of the research which demonstrates that the removals rarely result in a change in the behavior.  In addition, they include research that has shown that the adverse results include a decline in academic performance and greater potential for students to drop out of school.  The USDE includes resources and training for school personnel available at www.ed.gov/rethinkdiscipline and http://ccrs.osepideasthatwork.org.

If you have questions about this post, please contact me at ashley@lawforparents.com to schedule a consultation.  

Disclaimer:  This blog is made available by Law for Parents, LLC for educational purposes only as well as to provide general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney client relationship between you and the publisher. The blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.