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  • Who says children don't come with directions! (Part IV)

      Patricia S. Phelan runs The Law Office of Patricia S. Phelan - a practice dedicated exclusively to the field of special education law and advocacy.  Ms. Phelan has been practicing law for eighteen years and is an experienced litigator as well as a parent of a child with a disability.  For guidance about your child's rights under the law, please contact Ms. Phelan by email at PSPESQ@aol.com or telephone at 845-398-3273.  For more information about The Law Office of Patricia S. Phelan, go to http://www.phelanspecialedlaw.com/.

     

    PART FOUR

     

    Who Says Children Don’t Come With Directions!

     

    The first day of school is approaching.  Knowing that a teacher will be working with your child with special needs for the first time can be unsettling.  Will they know how to address her needs?  How much do you tell them about your child so that they know how to support her, but are not turned off from working with her?  How do you protect your child, without looking like a neurotic parent?  How do you make constructive suggestions, without sounding like you question the teacher’s ability or professionalism?

    Don’t give up.  You will get through this.

    As a parent of a child with PDD-NOS, an Autism Spectrum Disorder (ASD), I imagine like many of you I approach my child’s novel experiences with great apprehension.  While so many of my friends look forward to the summer, my husband and I struggle with the constant fact that the change in routine and lack of structure are always a challenge for our child.

    We have learned over the years, through the benefit of some wonderful professionals as well as trial and error, that certain strategies can be helpful for our children with disabilities to minimize the stress of new transitions.

    Based upon my personal and professional experience as a special education attorney, I routinely suggest to my clients that it is a good practice to learn those strategies which can help your child.  Once you understand how to help your child, you can convey these strategies to those working with your child. 

     

    Create an Instruction Manual

     

    In order to “summarize” your child’s strengths and needs, it is helpful to give professionals working with your child a copy of the PLOP list you created as we discussed in an earlier Part of this Series.  This gives the teachers, counselors, etc. an overview of what strengths and needs they can expect from your child. 

    Critical to your child’s “instruction manual” is also a summary of helpful strategies which people working with your child should use.  Show this to professionals before they begin working with your child.  In addition to school personnel, these professionals may also include summer camp counselors, people supervising after school activities and childcare workers.

    One format I have found helpful in my practice as well as my personal life is:  Mark your page with 3 columns (this can easily be created as a “table” in Microsoft Word.  The first column lists the problematic or maladaptive behavior your child is likely to display.  The second and middle column shows an example of the behavior.  Finally, the third and farthest column to the right lists the strategy recommended to deal with the behavior of concern. 

    I recommend keeping a running tally of this information.  Each year, update your entries by adding them in a different color.  Hand in this instruction manual at IEP meetings, the beginning of the school year, or the first time anybody new is working with your child. 

    In my experience, professionals have been appreciative of this valuable, heads-up insight.

     

    Instruction Manual for your Child on the Spectrum

     

    A large part of my practice deals with helping children with ASDs.  While nothing serves as a substitute for individual advice from the professionals guiding you and your child, there are a number of strategies suggested below which tend to help many children with an ASD.  They are incorporated into a letter written by Jene Aviram which I recently read on the Natural Learning Concepts web site. 

    If you are a parent of a child with an ASD, consider filling in the blanks and sending in this letter as an instruction manual for your child.  If you are an educator, consider implementing these strategies with children with an ASD.

      

     

    To:________________________________

    Thank you for assisting my child.  Here are ten points you might find helpful about children on the autism spectrum.

     

    1.   Where did he go?

    A group of children are all peering into the duck pond while the leader explains their habitat.  The counselor looks down at the child she’s been assigned to.  Horrified, she notices that he has disappeared.  “Where did he go?” she thinks in a wild panic as she races off to find him. 

    Children on the autism spectrum are easily distracted.  If something grabs their attention, their instinct is to check it out.  It’s a good idea to remind children on the spectrum that it’s important to stay with the group.  Even so, make sure to keep a consistent check on their whereabouts to make sure they are safe.

    I would also like to add some extra information about my child:  

     

     

    2.   Participation

    All the children are happily working on an art project EXCEPT for the child on the autism spectrum.  The paraprofessional is trying everything she can to motivate the child and is practically gluing, pasting and coloring with her hand over the child’s hand.  The child is still protesting and the paraprofessional feels uneasy.  “Should I insist he does this or should I let him off the hook?”  She wonders to herself.

    Children on the autism spectrum often have different interests to typical kids.  While it’s perfectly fine for kids to have their preferences, there are many kids on the autism spectrum who would never participate in activities given the choice.  As you can imagine, never participating in life doesn’t hold a very promising outcome.  On the other hand, we certainly don’t want to cause undue stress in a child.  We do our best to find a balance and a compromise. 

    Children on the autism spectrum appreciate structure.   They might be more willing to do the activity if they know exactly what’s expected of them and when it’s going to end.  A couple of strategies that might work are telling the child that he has to do six things in the activity and then he’s done.  Make sure you count them down as he does them.  Another strategy is to show them the clock or use a timer.  Let them know that when the little hand reaches the 3 on the clock, the activity is over and then it’s time for snack.  A third idea is to draw a small schedule of the activity.  Example, you could draw a scissors, glue, crayons and then the word DONE.  Explain the schedule to them in as few words as possible and assist them if needed. 

    I would also like to add some extra information about my child:

     

     

     

     

     

    3.   Privacy

    The children are all excited because it’s time to go swimming.  The instructor is explaining the rules and telling the kids where the changing rooms are.  Out of the corner of his eye, he is shocked to see that the child on the autism spectrum has already started undressing and is practically naked.

    Children on the autism spectrum are not always aware of privacy rules.  Sometimes they’re expected to undress in group situations (such as in gym class) and other times, he’s supposed to do this in privacy.  It’s all very confusing to the autism spectrum kid.  It’s a good idea to let the child know beforehand where the bathrooms are and where he should dress and undress.  Explain very clearly where this designated area is and who he should call if he needs help.

    I would also like to add some extra information about my child:

       

     

    4.   Turn taking 

    The children are bowling and the child on the autism spectrum is thrilled.  This is his favorite game!  There’s just one problem.  He is so excited, he can’t wait his turn.  He keeps grabbing the ball and knocking down the pins.  The other kids are getting really upset and the assistant isn’t sure how to handle it.

    Turn taking is a difficult concept for those on the autism spectrum.  They will likely need frequent reminders about waiting their turn.  A couple of strategies that might work are to use the “Pass the token” method.  Get an object, for example a token and direct the children to pass the token to the next child when their turn is finished.  When they get the token, they know it’s their turn.  Explain this clearly to the child on the spectrum and if he jumps ahead of the line, gently remind him by asking “Do you have the token?  When you get it, then it’s your turn.”  Another strategy you could try is to help him pay attention to the child before him.   You could say something like “This is John.  Wait for John to have his turn.  You go right after him.”

    I would also like to add some extra information about my child: 

     

     

    5.   Meltdowns

    Without any apparent reason, the child on the autism spectrum throws his things off the table and starts having a screaming fit.  The teacher is stunned.  She races to him to find out what happened but doesn’t seem able to console him.  In a desperate attempt, she tries everything possible to calm him down.

    Children on the autism spectrum have difficulty expressing themselves.  When it’s all bottled up inside, the result might be an outburst when you least expect it.  While each child is different there are some commonalities that cause stress in those with autism.  Environmental factors affect their sensory system and they are often unable to tune out information such as noise, smells, textures and things such as flickering lights.  If the child next to him is constantly tapping his feet, it might be as simple as to move him to another table.  Not knowing what lies ahead can be very stressful to a child on the autism spectrum.  An overload of stress often results in a meltdown.  You will be doing a great service if you write a schedule for the day and put it on the board or a flip chart that’s always in view.  This strategy will benefit others too, as all kids thrive on structure.  The schedule needn’t contain small details but rather give an overview of the day.  An example would be:

    Today is Pirate Day

    9:00 Greetings

    10:00 Paint a pirate 

    11:00 Snack

    12:00 Treasure Hunt

    1:00 Lunch

    2:00 Splashing for Diamonds

    3:00 Home time

    I would also like to add some extra information about my child:

     

     

    6.   Can you repeat that?

    “Everyone listen up!  You have two minutes to finish decorating your shells.  Take them to ledge to dry.  Then put your left over beads in the red box and make sure you put all your crayons in the yellow box.  When you’ve finished cleaning up, line up to go outside.”  A few minutes later, the kids are almost done except for the autism spectrum kid who’s still sitting at the table with his shell and belongings scattered about.

    Children on the autism spectrum can find it difficult to follow long verbal instructions.  In addition, they typically don’t ask the instructor or a peer for clarification.  This may result in the child following part of your instructions or becoming immobilized and doing nothing at all.  It’s important to understand the child is not being disobedient, he simply didn’t understand what to do.  Call him over to the side where there are fewer distractions and try and explain yourself in as few words as possible.  An example would be to say “I need you to do four things. 

    1.    Take your shell to the ledge

    2.    Put your beads in the red box

    3.    Put your crayons in the yellow box

    4.    Line up

    To make sure he understood, you can ask him to repeat it by saying “You’re going to take your shell to the ledge and then…” allow him to complete the sentence.  Continue by saying “and then…” Once the child has run through all four steps, say “Great.  Go and do that now.”

    I would also like to add some extra information about my child:

     

      

    7.   Social awareness

    Its break time and the children are having fun.  The children are playing and laughing together.  They’ve made up a game and are all participating.  The child on the autism spectrum child seems eager to join in but stands on the sidelines.  Then he turns around, sits down and happily occupies himself, ignoring everyone around him.  The aide wants to do the right thing and is faced with the decision of trying to get him to join in or allow him to remain alone.

    The social world is a mystery to children on the autism spectrum.  We all tend to shy away from situations we feel uncomfortable in.  Kids on the autism spectrum need a lot of encouragement and assistance in social interactions.  Help the child interact wherever possible.  If the child needs the glue, tell him to ask another child to pass it to him.  Find another kid who is kind and tolerant and pair them up whenever possible.  Children on the autism spectrum have many capabilities and strengths.  Find out what these are and then engage the other children for help.  For example you could say “Gordon has an excellent memory and is really good at math.  He can help us with things like that and we can help him learn to play Toss-Across.”    

    I would also like to add some extra information about my child:

     

          

    8.   Poor motor skills

    “Snack time is over” calls out the camp counselor.  “It’s time to clean up.”  He scans the tables and notices that the autism spectrum child looks very frustrated.  He hasn’t even started eating his snack.  Walking over to him, he realizes the child is unable to open his water bottle or his sandwich container which is snapped firmly closed.  “Do you need help?” he asks.  The child looks at the counselor with relief as he hands him his snack.

    Fine motor skills can be challenging to those on the autism spectrum.  Zippers, buttons, closing and opening items, writing and tasks requiring detailed motor coordination may not be within the child’s capability.  Similarly, gross motor activities requiring coordination, such as various types of sport can be difficult for a child with autism.  We’re all familiar with the feeling of incompetence and it doesn’t feel good!  These are the times we need gentle encouragement.  Help the child feel successful by starting the action and allowing the child to complete it.  As an example, you could loosen the snack container and let the child take it off.  During gross motor activities such as sport, allow for some extra concessions.  For example, if the kids are playing t-ball, help the child bat or allow him to run to the next base even if he strikes out.   

    I would also like to add some extra information about my child:

     

     

    9.   Attention

    The teacher is reading a story to the class.  The kids are enjoying it thoroughly but the child with autism isn’t paying any attention.  She doesn’t want him to miss out on the story, so she calls his name and asks him to listen.  He does for a moment but then continues to stare out the window.  She tries to talk to him about it later but he avoids her gaze and doesn’t respond.

    Children on the autism spectrum have poor attending skills but excellent attendance.  That’s right.  It often looks like they’re not taking anything in but nothing could be further from the truth.  They typically hear everything!  Never make the mistake of talking about them from across the hall.  They’re bound to hear you and their feelings will be very hurt.  However, when it comes to activities they’re not interested in, they often have a short attention span.  They might concentrate for a few minutes and then require a break or a schedule to get back on track.  It’s a good idea to break activities down into small steps if they having trouble completing a task.         

    I would also like to add some extra information about my child:

     

       

    10.       Strange Behaviors

    The child on the autism spectrum flicks his fingers through the air, makes a fist and bangs his knee.  He does it again and again.  The camp counselor watches in fascination and wonders if she should stop him.  Later she notices that he makes a strange noise every time he stands up.  Then she observes that he keeps asking questions he knows the answers to.  “Why does he do this?” she asks herself.

    Children on the autism spectrum often have behaviors we don’t understand.  The child does not do these behaviors to be disruptive, but simply because he feels a need to do them.  Compare it to the compelling behavior many of us have of biting one’s nails, twirling one’s hair or cracking one’s knuckles.  While we might be confused by their behavior, they are often equally confused by our rules and expectations.  Children on the autism spectrum are unique and they all have different behaviors. 

    I would also like to add some extra information about my child:

     

      

    Thank you for your dedication in helping my child this summer.  My child might stand apart from other kids but just like everyone else, he wants to be loved and accepted for who he is.  Your kind and caring attitude will make a big difference in his life - and mine!  We are very grateful.  Thank you!

     

    - By Jene Aviram

    This letter is the property of and copyright © 2003-2008 Jene Aviram of Natural Learning Concepts. 

    It can be accessed at http://www.nlconcepts.com/autism-summerstress.htm

     

    For guidance on how to determine what strategies might be appropriate for your child with an ASD, you should consult the professional(s) working directly with you.  I have also found the book Autism in your Classroom:  A General Educator’s Guide to Students with Autism Spectrum Disorders, by Deborah Fein, Ph.D. & Michelle A. Dunn, Ph.D. to be a valuable resource.  I strongly recommend it for any educator or parent concerned with educating a child with ASD.

     

    For additional resources, including helpful books and links to other web sites, I encourage you to access my web site at www.phelanspecialedlaw.com.

     

  • The Paper Chase! - part III

     

      Patricia S. Phelan runs The Law Office of Patricia S. Phelan - a practice dedicated exclusively to the field of special education law and advocacy.  Ms. Phelan has been practicing law for eighteen years and is an experienced litigator as well as a parent of a child with a disability.  For guidance about your child's rights under the law, please contact Ms. Phelan by email at PSPESQ@aol.com or telephone at 845-398-3273.  For more information about The Law Office of Patricia S. Phelan, go to http://www.phelanspecialedlaw.com/.

     Organize Educational Records

     

    It is important to organize the large amount of paper that piles up when you have a child with special needs. Your files should include one copy of every educational record you have. File the IEP, reports, evaluations, and progress notes. Keep all notes, letters, and emails about your child.

    Do not forget to include records of contact with anybody who works with your child – gym, art and music teachers; speech, occupational and physical therapists; and school psychologists.

    If you have a telephone conversation with a professional about your child, you should write down the date, the time, the subject, and the names of all participants. Also summarize what was said.

    Ongoing and open communication with your child’s teachers is very important. I recommend that you talk about this at the IEP meeting. You may want to include in the plan how you and the teachers will communicate and how often.

    When possible, communicate with the teachers by email.  It is more flexible, efficient and private than either communication notebooks or telephone conversations. Email also makes it easy to keep records. Don’t wait. Print out emails right away!

     

    Make a Binder

     

    As you organize your child’s paperwork, I recommend you use the “parent-tested” system explained by Pam Wright and Pete Wright in From Emotions to Advocacy, The Special Education Survival Guide (Second Edition, pages 67-72).

    As the Wrights point out, your organized file will help you feel more in control, particularly during IEP meetings. It will also help you see the big picture about your child.

    The recommended approach:

    1. Organize by year all of the papers about your child that you have so far.
    2. Use a soft lead pencil to lightly write the date of each document in the lower right corner of the first page of each document. (Otherwise, do not write or highlight on the originals).
    3. Add a few samples of your child’s schoolwork.
    4. Put all of the documents in a three-hole-punch binder in chronological order.
    5. Add to this notebook as the year goes on. It is important to keep your binder up to date.
    6. If you need more than one binder, label the outside of each: Put a number (e.g., Notebook 1) and the range of dates and grades of the papers it contains.

     

    Make a Master List

     

    You should make a master list of your child’s papers. This list tells you what documents you have and where to find them.

    Create a table with four columns. (You can download a sample from www.fetaweb.com or www.phelanspecialedlaw.com.)

    Label the columns “Date,” “Author,” “Type,” and “Significance.”

    Fill out the columns with the Date, Author and Type of document right away. You can fill in the “Significance” column later, when you determine what information is important.

     

    Deal with Other Paperwork

     

    Organizing your child’s educational records is only half of the battle. As we know, homework, artwork, and other papers tend to gather on the kitchen table. You need to organize this paperwork in some way, as well.

    Some of us think we need to save everything our child makes. If you are one of those parents, I recommend that you get a large empty box or bin. Label it with your child’s name, grade and year. Throw everything in there!

    This way, your counter is saved and you have a record of everything.

    When your child completes a large art project, take a digital photo. Keep the photo in the box.

    If you can be more selective, try to save only things that show your child’s strengths and weaknesses. Remember that both are important! For example, you might not keep every spelling test, but you might keep one or two to show how your child does on these types of tests.

    Of course, you also want to save those “special occasion” projects – the ones created for religious holidays, Mother’s Day, Father’s Day, etc.

    Whether you save everything or a select amount of your child’s paperwork, keeping up-to-date with this is crucial.

     

    Keep a Diary

     

    Keeping a written record about your child can be very helpful. It is nice to have a record of what your child was doing in a given grade. (Don’t we all hope we can look back with our kids before they get married and embarrass them with the poem they wrote to us on Mother’s Day?)

    When your child has special needs, it can be even more important to keep a record of his or her accomplishments.

    It is important to realize that children’s needs continue to change. You must constantly look at where your child’s educational program needs to be individualized. Having concrete examples of your child’s work really helps.

    Often, a teacher, doctor, friend or family member might ask, “How is your child doing?” You must keep records about your child in order to accurately answer this question.

    Further, it is helpful to you as a parent have a record of your child’s performance. It is natural to question the pace of progress. Sometimes, we need to reflect upon the steps forward to accept that they are real.

     

    Here are some tips for your diary:

    • Include entries of both accomplishments and challenges.
    • Make a separate page for each of the sections from the “Present Levels of Performance” part of your child’s IEP (academic achievements, social development, physical development, and management needs).
    • When you learn about a significant accomplishment or problem your child has experienced, find the appropriate page in the diary and make a note of the details and the date.
    • Support your notes with homework and artwork that your child may bring home. (Don’t forget to save samples in the three-ring binder, as well.)
    • In front of the very first page of your diary, insert the IEP Summary you have made of your child’s programs, services, goals and parent responsibilities.

     

     A Picture Is Worth 1,000 Words: Keep a Video Journal

     

    You should regularly videotape your child. I recommend you do this at least once a month.

    This visual record will be incredibly helpful to medical professionals, educators, therapists and other working with your child.

    It also might be a valuable advocacy tool. You may use the video at your child’s IEP meetings and at other key moments. And should it ever become necessary, you could use the video at a due process hearing – a step you might need to take if you do not agree with the services your district wants to give your child.

    All else aside, I have found that the greatest benefit of the video journal is to remind us, as parents, of how far our children have come. The daily progress our kids make is not always obvious. When you look back at the video, you see a clearer picture. Compare your child from one month to another. You will see that his or her hard work – and yours – is worth celebrating.

     

    Look for the final Part in this blog Series, which provides some additional strategies on how to help your child have a good school year.  Specifically, that section deals with how you might educate your child’s new teachers about some of your child’s strengths and weaknesses.  I also find it helpful to provide educators new to your child with strategies that you have found to be helpful to your child.

    For additional resources, including helpful books and links to other web sites, I encourage you to access my web site at www.phelanspecialedlaw.com.             

      *I would like to thank Pete and Pam Wright for their assistance in editing certain portions of this blog.

     

     

  • Understand your child's IEP

     Patricia S. Phelan runs The Law Office of Patricia S. Phelan - a practice dedicated exclusively to the field of special education law and advocacy.  Ms. Phelan has been practicing law for eighteen years and is an experienced litigator as well as a parent of a child with a disability.  For guidance about your child's rights under the law, please contact Ms. Phelan by email at PSPESQ@aol.com or telephone at 845-398-3273.  For more information about The Law Office of Patricia S. Phelan, go to http://www.phelanspecialedlaw.com/.

     

    Once you have read your child's IEP, follow these simple steps to better understand the IEP. First, copy the IEP. File the original in a binder you have set aside for that purpose.

    Working with the copy, highlight each heading, separating the eight categories. Then look to see if the IEP says one thing in one place and the opposite in another. Highlight any inconsistencies. Also highlight anything that seems different from your recollection of what was said at the IEP meeting. Write notes in the margins.

     

    Other areas you might want to highlight include:

    • Any reference to parent training.
    • Anything to be done by the parent.

    It is crucial to a child's educational success that parents are on board with what is occurring at school. Parents must also take steps outside of school to carry over what their children learn in school.

     

    Summarize your IEP

     

    Once you have reviewed the IEP in this manner, take out a plain piece of paper. You are going to summarize your IEP for a quick-reference guide.

     

    • Services and Programs

     

    Make a list of all services and programs your child will receive according to the IEP. Include how often your child will get this service (frequency). Write down how long the service will last each session (duration). Say how many children to teachers will be in your child's group (ratio). (For example: speech and language - 2 times a week x 30 minutes; 3 students: 1 therapist). This will give you a simple list of what services your child should be getting.

    After school starts, you should speak with the teachers to make sure your child's services are actually taking place as directed in the IEP.

     

    • Parent Responsibilities

     

    Make a list of any specific tasks that you are given. These might include parent training, reviewing homework, etc.

     

    • Child's Goals

     

    Write a brief description of each goal your child will work on. Mark down which teacher is supposed to tell you about your child's progress toward each goal. Number these goals consistently with the numbers in the IEP so they are easy to correlate.

    This brief list gives you a quick reference to what your child should be working on at school.

    You can communicate from time to time with your child's teachers.

    You should have an open relationship with them. Be careful, however, not to be too intrusive. Balance is important. Ask the teachers for any information they may have to help your child meet his or her goals outside of school.

    Let the teachers know if you have any questions or concerns about how your child is doing. This approach will help you make sure your child continues to advance on each goal even before you receive formal progress notes.

    If your child does not seem to be advancing, you should ask to meet with your child's teachers. If necessary, you can also ask for a formal IEP meeting to review the educational plan with the team.

     

    Summarize the PLOPs

     

    If you have not done so already, when you prepared for your child's IEP meeting, make a list of his or her Present Levels of Academic Achievement, Functional Performance and Individual Needs (PLOPs).  As you learned in an earlier Part of this Series, this is a summary of your child's academic, social, physical, and management needs (supports needed to help your child learn). 

     

    In order to help you to record your child's PLOPs, download a PLOPs tracking form from my web sight (http://www.phelanspecialedlaw.com/).

     

    This is a valuable tool to use not only to determine if your child's IEP is accurate, but also to hand to people working with your child to summarize your child's strengths and needs.

     

    Determine whether your IEP is Accurate

     

    The IEP was created at a team meeting. That meeting probably happened weeks or months before you received the document in the mail. It is important to make sure that the recommendations the team made during the IEP meeting are correctly stated in the written IEP.

    Parents should take the following steps:

    • Review any notes you took during the IEP meeting.
    • Compare the notes with the written IEP.
    • If you taped the meeting, dig out the tape, review it, and compare it to the written IEP.
      • Be aware that you are allowed to tape in many states. There is nothing under either Federal or New York law that says you cannot openly tape an IEP meeting.
      • Check with your school district, however, to see if they have a policy about taping.  If they do, politely ask for a copy of the policy, in writing.  Even if your school does have a policy against taping, they still must allow you to tape if their policy does not let you sufficiently participate in the IEP process.
      • If you do tape, give the school district advance notice.
    • After the IEP meeting, you may have wisely written a "thank you" letter politely explaining what was agreed to. Now is the time to compare your copy of that letter with the written IEP. If you did not write a letter, remember to do so next year! Always say thank you.
    • Consider speaking to others who were at the meeting. Ask them what they remember. Compare their recollections to the information in the written IEP.
    • Compare the PLOPs form you created with the description of the PLOPs on the IEP.

     

    If you are completely happy with the IEP at this stage, write a short note thanking the chairperson of your meeting. It is a good practice to document successes as well as problems.

    On the other hand, if you have any concerns about the written IEP, you must explain them in a letter to the school district. Your concerns might focus on whether the IEP is written correctly. You might also be concerned about the level of services recommended.

     

    Letter to the District

     

    Here are some guidelines for a letter, should you need to send one:

    • Explain that you received the IEP.
    • Thank the school district for its attention to your child's educational needs.
    • State that you hope to continue to work together with the district on your child's needs.
    • Explain that after reviewing the IEP, you have some concerns.
    • Specify your concerns.
    • Suggest a solution for these problems. You might request that the district simply correct mistakes in the written IEP. But you also might need another meeting to change the services recommended.
    • Ask that this letter become part of your child's educational file.
    • Address the letter to the chairperson of the meeting. If the director of special education did not chair the meeting, address it to the director, as well.
    • Make plans to deliver this letter by hand to each recipient.
    • Before you deliver the letter, copy it. The duplicate is your "file" copy.
    • On the back of your file copy, write the day and time of delivery.
    • Try to personally hand the letter to each intended recipient.
    • If you must give it to someone else, make note of the name of the person who receives it and keep it for your files. (Also describe what this person looks like and what he or she is wearing.) Be sure to ask this person to give your letter to the person for whom it is intended.

     

    The goal is for you and your school district to be able to quickly fix any concerns you have. If obstacles arise, ask yourself whether your concerns are significant to your child's special education program. If they are, you might consider consulting with a special education attorney. An attorney can effectively help you figure out your options and advocate for your child's needs.

    In my next blog, I will address some organizational strategies to help you keep good records of your child's performance.

     

    For additional resources, including helpful books and links to other web sites, I encourage you to access my web site at www.phelanspecialedlaw.com.             

      *I would like to thank Pete and Pam Wright for their assistance in editing certain portions of this blog.

     

  • Back to School Basics for the Special Ed Parent

     Patricia S. Phelan runs The Law Office of Patricia S. Phelan - a practice dedicated exclusively to the field of special education law and advocacy.  Ms. Phelan has been practicing law for eighteen years and is an experienced litigator as well as a parent of a child with a disability.  For guidance about your child's rights under the law, please contact Ms. Phelan by email at PSPESQ@aol.com or telephone at 845-398-3273.  For more information about The Law Office of Patricia S. Phelan, go to http://www.phelanspecialedlaw.com/.

     For any parent, a child’s return to school is exciting – new classes, new friends and new teachers. For the parent of a child with special needs, it involves much more. As special education parents, you must read and understand your child’s new “Individualized Education Program,” or “IEP.” You also need to collect and keep your child’s educational records organized.  Finally, you must help new staff working with your child understand your child’s strengths and needs -- particularly in this time of transition.  This four-part series is intended to help make the new school year easier and more successful for both you and your child.  

     

    PART ONE  

     

    Required Summer Reading:  Your Child’s IEP

     

     By the time school begins, you should already have a copy of your child’s IEP. It probably came in your mail, shortly after the IEP meeting.  That could have been as early as last spring.Dig it out!  In order to help your child, you need to read and understand the plan and make sure it is accurate.When you first look at it, the IEP seems long, technical and confusing.Don’t let that stop you! Read on. It is a must for your child’s success in school. IEP Background As you begin, here are a few things to think about:
    • The best IEPs are created when parents and the school district work together.
    • As a parent, you have the right to be at your child’s IEP meeting. You also have the right to be included in making decisions. You are part of the special education team.
    • In the best of circumstances, you worked with the group that drafted this year’s IEP. No matter what, you have a part to play through the rest of the school year. Keep this in mind as you read your child’s IEP.
    • It is your job to work with the teachers.
    • It is also your job to make sure the school district gives your child what is promised in the IEP.
    • As your child grows, you must look at whether your child needs change. You must help the school understand your child’s changing special needs.
     What is an IEP? The IEP is like a roadmap guiding your child’s education. It explains for you and the district what special education programs and services your child is to receive. The IEP also outlines the goals your child must try to achieve.It is important to understand from the IEP what services your child is not getting. If you believe your child needs or is entitled to services he or she is not getting, there are steps you can take. One of the IEP’s functions is to help you hold the school district responsible. The law says the school district must provide the services – and work on the goals – that are stated in the plan.Also, by reading the IEP, teachers can learn about a new student. For this reason, it must be accurate and complete – and it must show your child’s strengths and needs.  Read Your Child’s IEP It can be hard for parents to read an IEP. It will likely stir up your emotions.  It also follows a form most people do not recognize and uses unfamiliar language. But the properly prepared IEP actually is a very well organized document that you can learn to understand.How the IEP looks changes by state. Some states, such as New York, have a “Model Form”.  A school district can use this sample to help the team create an IEP.  Other states, like Maryland, have a state IEP.  All districts in the state must use this form to create a child’s IEP.  New York seems to be headed in that direction as well.  Current state law in New York specifies that all “IEPs developed on or after January 1, 2009 shall be on a form prescribed by the Commissioner.”  [8 NYCRR §200.4(d)(2)]Finally, many states, including California and Texas, have no form IEP at all.  School Districts in these states are free to create their own IEP as long as it complies with Federal Law.  The U.S. Department of Education has created a Federal Model IEP.  It is called the “Model Form:  Individualized Education Program”. 

     

    When writing an IEP, all school districts must include the sections of this sample form.   Let’s walk through the sections of the Federal Model one by one:  

     

    ·         Present Levels of Academic Achievement, Functional Performance and Individual Needs

     

    This section tells you how your child is doing now. This is referred to as present levels of performance, or PLOPS. It looks at how your child is doing in four areas: academic, social, physical, and management needs (supports needed to help your child learn).  If appropriate, this section also explains why your child’s performance does not allow him or her to learn in a regular education classroom.  

     

    ·         Measurable Annual Goals

     

    This section lists the annual goals to help meet your child’s individual needs. You will also get related information, such as which teacher will let you know how your child is doing on meeting each goal, and when.       IF your child is not going to take the same State tests that regular education children take, your child’s IEP should also list short-term objectives known as “benchmarks”.    

     

    ·         Reporting Progress To Parents

     

    The IEP also explains how your child’s progress will be measured. This section also states how often and in what way your child’s progress will be reported to you – such as in quarterly reports, in addition to report cards.  

     

    ·         Recommended Special Education Programs and Services

     

    In this section, the team lists all of the special education programs and related services (e.g. speech therapy) your child will receive. It also lists many other details about the services – including the ratio of children to staff, how often the services will occur, how long they will last, and where they will be provided.Under the law, if your child needs any special help, the help can be written into the IEP. The IEP will also list any supports that your child’s teachers may need to help them teach your child. A description of these aids, services, supports and modifications are also listed in this section. This section also talks about help for your child related to tests.  If your child is not going to take the same State tests that regular education children take, this section will explain why.  Also, this section will explain any testing accommodations your child may need.  These may include extra time, having the directions or questions read, and using a less distracting testing place.Remember that the law says your child should be able to go to a regular education program with children who do not have special needs, if that is possible. This section of the IEP explains what part of the day, if any, your child will not be part of the regular education program, due to his or her disability.   

     

    ·         Issues For Older Children With IEPS

     

    Part of the purpose of the Federal special education law is to help children prepare for their future education, employment and independent living needs.  Therefore, by the time your child turns 16 years old (and younger, if necessary), Federal law requires that the IEP have long term, “postsecondary” goals.  It also must explain what transition services your child needs to meet these goals.  Some states require the IEP to include these goals even earlier – such as NY (age 15) and MD (age 14).By the time your child is one year away from the age of majority in your state, the child’s IEP must also state that your child was told his rights under the law that will impact him once he reaches the age of majority.            

     

    While not part of the Federal Model IEP, IEPs developed in New York State will also include this additional information:  

     

    ·         Student and Guardian Information

     

    The IEP will have a section which provides general contact information about you and your child and warns the teachers about allergies.  

     

    ·         Recommended Classification and Placement Information

     

    The IEP will probably have a section which explains some basic facts about the IEP meeting. These include when the meeting was held and what the team decided. To get special education services, your child must have a disability that adversely affects his or her educational performance.  At some point, the IEP team will likely give your child a label.  This is known as a “classification”. Possible classifications include “speech or language impairment,” “learning disability,” and “autism.” If your child is younger than five, the team will label your child “preschool child with a disability.” The team identifies the classification in this section of the IEP.  Remember that even if the team has not yet given your child a label, the school can still start special education services as long as your child has a disability and needs special education as a result.   This section also tells you when the IEP starts and ends. It states whether your child can get special services for 12 months of the year, rather than just during the school year. (This is called “Extended School Year.”)In addition, it is the place to learn whether the team has recommended any special help with driving your child to and from school. Finally, this section of the IEP tells you the date your child will have a complete re-evaluation. Your child must have this complete testing at least once every three years. It is called a “triennial.” Your son or daughter will get a more general review every year.

     

     ·         Committee Meeting or Agreement Information

     

    The IEP also explains when the meeting(s) occurred and who attended each one. It explains what took place during each meeting. It also spells out what reports and other materials the team relied upon. This section becomes the record of what occurred. Usually it explains how recommendations were arrived at. This is particularly helpful to people who were not at the meeting. This will include many of your child’s teachers, who are reviewing your child’s IEP prior to the start of school. Look at the comments about the meeting.  See if they state what actually happened. Do they leave out mention of any important discussions? If the comments are not complete or accurate, notify the meeting chairperson of that fact in writing.  

     

    ·         Other Options Considered

     

    The IEP might also have a section which states the other placement options the team considered and why the team rejected these options. Sometimes, for example, a placement is deemed too restrictive – it does not provide enough learning opportunities with non-disabled children.  In other instances, there will not be enough support.  The reasons vary.  This option helps the reader to understand whether the IEP team recommended the least restrictive placement for your child, which is required under federal and state law.  

     

    Now that you have read your child’s IEP, let’s make sure you can understand it.  The next part of my blog will address strategies you can use to help you understand the services recommended for your child. 

     

    For additional resources, including helpful books and links to other web sites, I encourage you to access my web site at www.phelanspecialedlaw.com.               *I would like to thank Pete and Pam Wright for their assistance in editing certain portions of this blog.

     

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