Posts Tagged ‘Free Appropriate Public Education’

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

November 24th, 2009



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

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

November 18th, 2009



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

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

November 17th, 2009



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

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