Special Education » Appropriate Public Education

Inclusion for Children With Disabilities, Are There Other Options?

admin — Fri, 08 Jan 2010 01:52:01 +0000

Are you the parent of a child with autism or another disability, that thinks your child should be in another placement, other than a regular classroom. Have you been told by special education personnel, that they only offer inclusion for children, and you feel that your child needs more intense special education services? This article will explain continuum of placement options, which is part of the Individuals with Disabilities Education Act (IDEA). By knowing the law, you will be able to more effectively advocate for your child’s education.

Continuum of placement option is in IDEA at 300.115 This section “Requires each public agency to ensure that a continuum of alternative placements (including instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions), is available to meet the needs of children with disabilities for special education and related services.”

This means that school districts can not only offer inclusion, to children with disabilities. If your child needs more intense educational services, they must offer those also. The continuum could mean more “supplementary aids and services in the regular education environment,” more resource help, special education classroom, special education school etc.

Some school districts use a cooperative type system, where several school districts go together to provide special education services. The bottom line is, that special education personnel are responsible for giving your child a free appropriate public education (FAPE).

If your school district is not giving, your child FAPE, there is a provision in IDEA to place your child in a private school, and seek reimbursement. IDEA requirements are very strict in this area, if you do not follow them, you may lose reimbursement. Make sure you understand what the law says, before you remove your child and place them in private school. The school district will probably file for a due process hearing, to prove to a hearing officer that they are giving your child FAPE. If you are able to prove your case, the hearing officer will require the school district to reimburse you for the private school costs.

School districts are required to give children with disabilities a continuum of placement options to meet their unique educational needs. By understanding this concept you can fight for the education that your child needs, and deserves.

By: JoAnn Collins

Importance of Vocational Skills and How to Get Them For Your Child

admin — Thu, 17 Dec 2009 09:29:16 +0000

Does your child have a moderate to severe disability? Are you concerned about your child with autism’s life after school? Would you like your child to receive vocational services so that they may be employed as an adult? This article will discuss importance of vocational skills for all children with disabilities, so that they can be employed as an adult.

The Individuals with Disabilities Education Act (IDEA) states that the purpose of IDEA is to: ensure that all children with disabilities have available to them a free appropriate public education, that emphasizes special education and related services, designed to meet their unique needs and prepare them for further education, employment and independent living.

So according to IDEA it requires that students be given services that will prepare them for…employment. As an advocate for over 15 years I have had many special education personnel deny children vocational services, that I was advocating for. I have also heard from many other parents whose child was also denied vocational services.

The first place to start is to request, in writing, a Functional Vocational Assessment. This assessment will help to determine what particular skills that your child has, and how those skills can be used in a work setting. This assessment should be done by a person that has experience performing these assessment, and should have experience with children or adults with disabilities.

The information to be gathered is to include the child’s work and school history, learning style, work related skills, work endurance, academics, or functional academics, and the ability to follow directions. Information that is also important is your child’s communication skills, social skills, interaction skills, behavior difficulties, mobility, medical needs, fine and gross motor skills, transportation, and your child’s functional skills.

Another important area to be determined is your child’s preferences and strengths. You may have to figure out what your child enjoys, if they are not able to tell you themselves.

The information is received from as many different people as is possible, so that the assessment will be complete. The person performing the assessment should also observe your child in their school environment. This is to allow the person to get to know your child, and make their report more effective.

After the vocational assessment is complete, the person who conducted the evaluation should write a detailed report. Also, have the person participate in the Individual Educational Plan (IEP) meeting to discuss the results, by telephone. That way, you and the special education personnel can ask any questions to clarify what skills your child needs to be taught to be able to get a job.

At the IEP meeting you should write up specific Vocational services, that your child will receive to help them prepare for a job. Also to be discussed, is what skills your child has or needs to be taught, to be job ready. Don’t forget to write vocational goals also. The skills should be in writing, with goals on teaching the skills.

Remember to consider skills that your child already has. For example: If your child knows how to do some minor housework that can be used to get a job in a restaurant or hotel. My daughter Angelina was taught to fold towels, in her high school community based functional curriculum class. The next year she had a job folding towels in the high school pool area. Another student I know used to take out the garbage at home, and was given a job in the school emptying the garbage.

Vocational skills are critical for children with disabilities, no matter how severe the disability. Children or adults with job skills, can work in their community, as well as become an active member of that community. My daughter Angelina has a severe disability, and works at a local college part time. She loves her job, and the students at the college love her too! She is an active and happy member of our community.

By: JoAnn Collins

Qualities to Avoid in Choosing a Special Education Advocate

admin — Mon, 30 Nov 2009 02:51:31 +0000

Are you the parent of a child with autism or other disability that is considering finding an advocate to help you with your child’s education? Would you like a short list of qualities to avoid when choosing a special education advocate?

This article will help you avoid certain negative qualities in a prospective advocate, so that you can help your child receive a free appropriate public education.

Quality 1: Stay away from an advocate who has not received formal training in federal and state laws, and case law. Good advocates will have a working knowledge of the Individuals with Disabilities Education Act (federal law), and your state laws governing special education. Effective advocates do not have to memorize the law, but should know where to find any information that they need. Advocates must also know what due process hearings and court cases have already occurred, so that they can use the information to benefit your child.

Quality 2: Stay away from an advocate, who has little to no experience helping parents navigate the special education system. Unfortunately there are people who call themselves advocates, who do not have the experience that they need, to be effective. You do not want the advocate learning at the expense of your child’s education. Try finding an advocate at a disability organization like a Parent Information and Training Center (PTIC).

Quality 3: Stay away from an advocate, who guarantees you a certain outcome. While most advocates work hard and do their best, there are no guarantees in special education. You would rather work with an advocate, that has a realistic view of what can be accomplished for your child.

Quality 4: Stay away from an angry advocate, who seems to have there own agenda. I have heard of advocates that target certain school districts, due to their own anger. Every person including parents in special education, become angry at some point. But the important thing is that the advocate can continue to be professional, even if the school personnel are not.

Quality 5: Stay away from an advocate, that is not willing to challenge special education personnel, when the need arrives. Advocates must be willing to stand up to school personnel, for the good of the child, in an assertively persistent manner. This is the reason why it is so important to understand Federal and State special education law; you have the information you need to effectively stand up for the child.

Quality 6: Stay away from an advocate that does not promise you complete confidentiality! Advocates must not share any information that they learn about parents and their children; and unfortunately this does happen on occasion. You want your advocate to keep things you tell them confidential, as well as any strategies that they will be using.

Quality 7: Stay away from an advocate, that appears to be a know it all! No advocate including myself knows everything. You need an advocate, who is willing to find out the information that will help your child, if they do not know.

Advocacy is an art and involves trying different strategies to help the child receive a free appropriate public education (FAPE). By knowing what characteristics to avoid in an advocate, will help you make an informed decision about any advocate that works with you to help your child. Good luck!

By: JoAnn Collins

Extended School Year For Special Education Or Summer Recreation Program – Which is Best?

admin — Tue, 24 Nov 2009 10:05:28 +0000

Is your school district offering a summer recreation program, in stead of extended school year services (ESY), for your child with autism? Do you wonder what to keep in mind as you make the decision? This article will discuss the difference between summer recreation programs, and extended school year services.

Extended school year services (ESY), are special education services, given outside of the regular school year. These services can be given before or after school, or in the summertime. This article will only discuss ESY in the summertime.

Under the Individuals with Disabilities Education Act (IDEA), extended school year needs to be given to a child, if they require it to receive a free appropriate public education (FAPE). A court case Reusch vs Fountain came up with several factors that need to be kept in mind, when determining if a child needs ESY services. These factors are; regression and recoupment, nature and severity of your child’s disability, skills that are just being learned (emerging skills), whether the child’s behavior interferes with their learning, and any special circumstances that relate to your child.

Here are a few things to keep in mind about ESY and a recreation program:

1. Some school districts are no longer offering ESY, as is required by IDEA. Instead they are offering to pay for private summer recreation programs. If your child needs ESY, and has some of the above factors, they are to receive it from your school district, free of charge, though you may have to fight for it.

2. Most summer recreation programs do not offer academic remediation. If they do, check it out carefully! The program may not be taught by a qualified special education teacher, so it may not be appropriate for your child. Academic remediation is a good reason to ask for ESY, if your child needs it.

3. Even if the summer recreation program is for children with a disability, it may not be appropriate for all children. Check out the daily schedule, talk to the staff, check on staff-child ratio. Find out if a lot of sitting is required. This may be inappropriate for a child with ADHD or autism.

4. Be careful when signing up your child for a summer recreation program, if your child has behavioral difficulty. Years ago, my daughter attended a special recreation camp whose staff was not trained in dealing with inappropriate behavior. Ask lots of questions, see if a positive behavioral system could be put in place for your child. Also discuss how staff will handle inappropriate behavior.

5. Summer recreation programs tend to be unstructured. Some children with disabilities do not do well in an unstructured environment, so be careful. Again, ask a lot of questions, check on the schedule etc.

6. If your child needs life skills or functional training, ESY can provide that training. If your child needs it, bring it up at their annual IEP meeting, and make sure that it is in writing.

By keeping these things in mind, you will be able to make an appropriate decision for your child about extended school year services or a recreation program.

By: JoAnn Collins

5 Reasons Why your Child in Special Education May Not be Getting FAPE, and How You Can Help

admin — Wed, 18 Nov 2009 23:46:53 +0000

Does your child receive special education services and you wonder if
they are receiving an appropriate education? This article, will
discuss 5 reasons why your child may not be receiving a free
appropriate public education. And also, what can you do about it?
There is a lot that you can do to ensure a free appropriate public
education for your child.

Reason 1: Many special education personnel have extremely low
expectations, for children with disabilities. You must have high
expectations for your child, just because they are not learning, does
not mean that they can’t. They may need to be taught a different way.

Reason 2: Some special education personnel limit or refuse to provide,
educational and related services that children with disabilities need.
Some special education personnel will even deny that a child has
autism, so that they do not have to provide more intense special
education services. It is your job as a parent to fight for the
services that your child requires. Try to meet other parents, of
children with disabilities, in your school district. Help each other
advocate, and attend each other’s IEP meetings. Together you will be a
strong group.

Reason 3: The curriculums, that some school districts use to teach
children with disabilities, do not work. Special education personnel
are often reluctant to change methodology, even if the child is not
learning. Investigate different curriculums, for your child’s
disability. Join disability organizations and meet other parents. This
will allow you to share information with each other, what works.

Reason 4: Parents, are often forced to pay for independent
educational evaluations (IEE’s), to prove that their child needs
certain special education services. If a parent must pay for an IEE,
to ensure that their child receives a free and appropriate public
education, then the education is no longer free. If your school
district evaluates your child, and you disagree with the evaluation
(or the way it is interpreted), then the Individuals with Disabilities
Education Act (IDEA), gives you the right to have an Independent
Evaluation at Public Expense. My book Disability Deception has an
entire chapter on IEE’s that will give you more information on this
subject.

Reason 5: Many school districts suspend children with disabilities,
for behavior that is part of their disability. Educate yourself on
what IDEA requires as far as behavior/discipline. Special education
personnel can suspend a child up to 10 days.

Within 10 days of a decision to change a child’s placement they must
convene a manifestation determination meeting. This meeting is being
held to determine if the behavior is part of your child’s disability.
If it is, they must do certain things to include developing a positive
behavior plan. If they determine that the behavior is not part of your
child’s disability, then they can discipline them as they would a non
disabled child. You can file for a due process hearing, if you
disagree with the school districts manifestation determination
decision.

By knowing why most children do not receive FAPE, you can advocate
hard for your child. They are depending on you, because they may not
be able to stand up for themselves.

By: JoAnn Collins

9 Things to Include in a Special Education No Consent Letter For Seclusion and Restraint

admin — Tue, 17 Nov 2009 20:24:53 +0000

Are you the parent of a child with autism or emotional disturbance that receives special education services? Are you concerned about the use of restraint and seclusion for your child’s negative school behavior? Would you like to learn 9 things about what to include in a No consent letter? This article will discuss restraint and seclusion and things that should be included in a letter making it clear to special education personnel that they do not have your consent to this on your child.

Children with disabilities have the right to receive a free appropriate public education (FAPE). The Individuals with Disabilities Education Act (IDEA) states that school districts need to consider the use of positive behavioral supports and plans if a child’s behavior interferes with their education or the education of others; but most do not do it.

Prone restraints, which means that the child is face down has been responsible for several deaths in the US, because it restricts the child’s breathing. Seclusion can be very scary for a child causing emotional distress. Children can be left alone for long periods of time in a room and not be able to escape.

A No Consent Letter will make it clear that your school district does not have your consent, to use these techniques on your child. Below are 9 things to be included in the No Consent Letter:

Item 1: School District Name and number (if you know the number) and address. Name of the person you are sending the letter to.

Item 2: Date that the letter is sent.

Item 3: Give child’s name, birthdate, age, and school that the child is attending.

Item 4: Give the child’s disability and also state your concern about your child’s behavior, and schools response. For example: My child Alex has autism and has had many behavioral challenges over the years. Because of these challenges I am concerned that District ___ will use aversive interventions on my child. These interventions could be: restraint, seclusion, physical management, seclusionary time outs, forcible holding, dragging, use of ties and straps, slaps, deliberate humiliation, or deprivation of nutrition or exercise.

Item 5: Make it clear that you are not giving permission for any of these strategies to be used on your child. For example: This letter is to make it clear that I have not authorized or given consent to any of the above strategies being used on my child.

Item 6: Add to the letter that IDEA is clear that the appropriate way to handle behavior is by getting a functional analysis of behavior (FBA) and having a positive behavioral plan developed by a trained person. Add that you would also like to be part of the team that does the FBA and develops the positive behavioral plan.

In addition add any things that have helped your child calm down when they become upset or agitated. For Example: In the past Alex has been allowed to separate himself on a chair in the back of the classroom to calm himself down. This has been very successful in preventing outbursts.

Item 7: Add to the letter that if my child’s behavior worsens I am asking that an IEP meeting be held to discuss research based ways to handle negative behavior.

Item 8: Give the number of a person that would be able to go to the school to help in any emergency situation.

Item 9: Thank them for their attention to this matter and I would also let them know that you will be holding them accountable if they use restraint and seclusion on your child, without your permission.

You must be proactive in the matter of restraint and seclusion and your child. To hide your head in the sand could cause your child to be injured or in the worst situation killed! Your child is depending on you to protect them so that school is a safe place to learn and grow!

By: JoAnn Collins

Special Education – The Law is on Your Side

admin — Mon, 16 Nov 2009 09:56:54 +0000

Help is available– and the law is on your side. Its promise is simple: Every child counts. Every child is entitled to an education. Every eligible child with a disability is entitled to a “special” education – one that confers “meaningful benefits.” That is what Congress has said. That is what the United States Supreme Court has said.

The law protects every child. The law protects you as your child’s parent.

Individualized Education Plan (IEP) – Every special-education student must have an Individualized Education Plan (IEP) developed by a team that includes parents, teachers, school administrators, and other professionals. An IEP establishes educational goals and describes the special services that will be provided to the student.

Due Process – Special-Education law provides many due-process hearing and appeal procedures.
“Section 504″Classroom accommodations are available to many students (K-12 and college) who have disabilities.

There are only five modes of communication that can lead to a disability; they are auditory, visual, verbal, nonverbal and tactical communication.

If your child’s disability is affecting their education, they may be eligible to receive services under the IDEA (Individuals with Disabilities Education Act) or Section 504 of the Rehabilitation act of 1973. The IDEA requires public schools to locate and identify children with disabilities who may need specialized education. These children must “have available” to them a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs” 20 U.S.C. sec. 140(d). Children with disabilities must “to the maximum extent appropriate [be] educated with children who are not disabled” 20 U.S. C. 1412 (e)(5).

Many parents find themselves in a situation where their child is either struggling academically or having discipline problems in school. Often times, there maybe an unidentified disability causing these problem. If they do have a disability that is negatively affecting their education, they would likely benefit from special education services.

Special Education services may include:
Occupational therapy
Speech and language therapy
Resource specialist programs
Modification of the regular education programs
Special day classes
Non-public schools
Residential treatment, and many more.

If you believe your child will benefit from special education services call a professional. Your child only goes through their education process once, so give your child the best chance for the future by making sure they have the type of education that helps them learn and succeed. Nothing is more important to their future.

By: Paul Epstein

The Abc’s Of Special Education

admin — Sat, 14 Nov 2009 07:29:12 +0000

Do Know Your Rights? If Not An Attorney Can Help!

When a child is born with or s stricken with a developmental develops a disability, the Department of Health and Senior Services is legally responsible for making available in-home services at little to no cost to the family. This is called the Early Intervention Program. Some of the services available include, visiting nurses, speech therapists, physical therapists, developmental therapists and occupational therapists.

Once your child turns three-years-old, Federal Law requires under the Individuals with Disabilities Education Act (IDEA) that a preschool child with a disability be provided with “a free and appropriate public education and services in the least restrictive environment.” A child with disabilities could be something as minor as a speech delay or as serious as Autism, Downs Syndrome or Cerebral Palsy.

In many non-English speaking communities, word does not get out that these services exist. Too often parents learn after the fact that the school district is required to provide preschool disabled children with education and other services.

If you think your preschooler might qualify for services, to initiate the process you need to make a written request for an evaluation to your local school district. Preferably this should be done 120 days before your child’s third birthday. Once your school district receives your request a Child Study Team must schedule a meeting with you. A Child Study Team is a crucial component of any special education program. This team consists of a speech-language specialist, a school psychologist, a learning disabilities teacher consultant, and a school social worker. These specialists are selected and paid by your school district. This meeting determines whether an evaluation is warranted. It is your legal right to have any referral considered. The law allows you to have an attorney with you, if you wish, to ensure that your voice is heard and you are fully aware of your options.

If the Child Study Team believes an evaluation is warranted, an evaluation plan will be formalized. An evaluation of your child must include, one structured observation, an interview with you and your child’s teacher if they are in preschool, a review of interventions documented by professionals who worked with your child. The Child Study Team will make independent social, educational, psychological, vision and hearing and speech language assessments.

When the evaluation is completed you will attend an eligibility meeting to discuss the results. If your child is found to be “disabled” under the, law he or she will be eligible for free special education and related services. In Monmouth County each town has their own public special education preschool program and many provide free transportation. If you disagree with the evaluations provided by the school you have a right to request a new or independent evaluation at the school’s expense. If your child is determined to not be eligible for the school you have a right to appeal the decision. An attorney experienced in education and special education law can be extremely beneficial in advocating your appeal of the school’s decision and helping you to secure special education services for your child.

The Individualized Education Program (IEP) is the road map to your child’s education. It is the written plan to address your child’s special needs and abilities. The IEP should give you a voice in your child’s education. Ideally, parents and professionals work together to develop an individualized program that benefits your child and are supposed to be equal partners throughout the evaluation and IEP Process. Unfortunately, parents concerns and requests are sometimes overlooked or ignored due to budgetary constraints, high case loads, and stagnated bureaucracy. Too often parents are not informed of their rights and available tools such as assistive technology, extended school year programs, and positive behavioral supports to help their children reach full potential.

An attorney well versed in education law can advise and advocate on your child’s behalf. Don’t let a child study team tell you that they know their program and they know what your child needs. You as a parent are the expert regarding your child. If you disagree with your child’s program and / or IEP, the law provides you with valuable rights and powerful mechanisms to make sure your child receives all the special services he or she is entitled. You are permitted to bring an attorney to the IEP meeting to help advocate your position and if necessary appeal any decisions made by the school. As parents you are guaranteed a voice in determining the appropriate program for your child. If necessary an attorney can help you be heard.

This article is intended to provide general advice only. It is not intended to take the place of a consultation with an experienced attorney.

By: Nicole Sonnenblick

4 Parenting Tips to Help You Enforce Special Education Law

admin — Thu, 12 Nov 2009 21:26:16 +0000

Do you have a child with a disability who is receiving special education services?

Are you frustrated because it is hard to get needed educational services, for your child? Would you like a few parenting tips, to help you make sure that special education personnel follow IDEA? This article will discuss 4 parenting tips, that will help you in enforcing, the Individuals with Disabilities Education Act (IDEA).

IDEA enforcement by law is to be the Office of Special Education Programs (OSEP), which is part of the Department of Education. They are responsible in making sure that states, are in compliance with special education law. States are responsible for making sure that individual school districts comply with IDEA.

The reality is that parents are the main enforcement mechanism of special education law. Below are 4 tips to help you ensure that your school district is complying with IDEA, for the benefit of your child.

1. Develop a working knowledge of the Individuals with Disabilities Education Act. By doing this, you will know where to look when you need a particular section of the law. For Example: If you would like to look at what is required for a free appropriate public education (FAPE), you would look under 300.101. Or Least Restrictive Environment (LRE) at 300.115.

2. Develop a working knowledge of your state regulations on special education (This is how the state is going to comply with IDEA). Some states regulations are actually better for children and parents, than federal law. By understanding these, you will be able to use them to ensure that your school district is complying with the educational law. You can get a copy of your state regulations from your state board of education.

3. Bring copies of the laws with you to any IEP meeting for your child, and place them on the table. You will be able to look up certain sections during the meeting, in case you need them.

By bringing up the special education laws that apply, you will make sure that you school district is following them. You also want to make sure, that the special education personnel in your district understand that you know the laws, and that you will be making sure that they follow them.

Also, when you write letters to school personnel, always quote IDEA or the state regulations, for special education when you can. This will help bolster your case, for whatever you are asking for.

For example: IDEA states, that my child has the right to a free appropriate public education, which I believe that she is not receiving at this time. In order for my child with a learning disability to receive FAPE, she must receive the appropriate amount of reading remediation, using simultaneous-multi sensory reading program such as Orton-Gillingham.

4. If your school district is in non compliance with the procedures of IDEA, consider filing a state complaint. The state complaint is filed with your state board of education; special education department.

The complaint should state the violation, the number in IDEA that is being violated, what your evidence is of the violation, and also the proposed resolution of the violation. Also, you can put more than one violation in a complaint, but number them for easier reading and tracking.

By doing these four things, you will be able to understand when special education personnel are not following special education law. It is sad that parents are the main enforcement arm of IDEA, but it is reality! Good luck, and stay focused, for the benefit of your child!

By: JoAnn Collins

Special Education Advocates Role in Advocating For Children With Disabilities

admin — Sun, 08 Nov 2009 10:47:39 +0000

Are you the parent of a child with autism or other disability? Would you like to know what an advocate does in the special education process? Do you wonder if a special education advocate could help you in fighting for needed services, for your child? This article will explain what the role of a special education advocate is, and whether they could help you advocate for a free appropriate public education (FAPE) for your child.

There is currently no certification for special education advocates! This is the reason why it is sometimes difficult to find one that is knowledgeable, and has expertise in special education.

The role of a special education advocate is to:

1. Have a working knowledge of state and federal laws that cover special education, and know how to use them to advocate for children. Federal law is Individuals with Disabilities Education Act (IDEA). Each state is required to have a law that must comply with IDEA.

2. Understand different types of disabilities and have experience advocating for children of different disabilities

3. Take time to know the child, and work with the parent to determine what services and placement a child needs, and advocate for them! This may require the parent getting an independent educational evaluation with a qualified evaluator.

4. Educate parents as to research based practices, as well as best practices. IDEA requires, that curriculum and programs be scientifically research based, which parents need to understand.

5. Have knowledge of different school districts and also how to advocate with different personalities of special education personnel. People are all different and the advocate must understand the best way to deal with the different personalities.

6. Act in a professional manner, whenever possible, to help parents get needed special education services and placements for their child. A good advocate is firm and refuses to back down when intimidated by special education personnel.

7. Teach parents advocacy skills so that they may learn how to advocate for their child!

A special education advocate can be extremely helpful in advocating for your child. If you think an advocate could help you check out your local disability organizations, and see if they have an advocate on staff. Check organizations such as a Center of Independent Living, Parent Training and Advocacy Centers (available in all states). If you hire a private advocate make sure you check their credentials, and make sure that they have experience with children with your child’s type of disability. This will ensure that the advocate understands what your child needs, and will be able to advocate for them.

By: JoAnn Collins