Transportation and the IEP

School BusIn North Carolina, traditional public schools usually offer transportation to all students who live a certain distance away from the school that they attend (i.e., outside the “walk zone”). The majority of school-age children with disabilities in those public schools use the same transportation options as their typically developing peers.  However, some students with disabilities require something a little different to be transported to and from school safely and appropriately. Like most matters related to students with disabilities, the details determine how things are handled.

Some students require a seat belt, harness or a car seat for stability or safety. Others may need preferential seating near the bus driver or other adult. There are students who must be transported in a climate-controlled vehicle. Some need constant monitoring due to health conditions. In some situations, it might be necessary to change the pick-up and drop off location. It is possible to make any of these adjustments and still have the student ride a regular school bus with their typical peers. Accommodations like these should be documented on the student’s Individualized Education Program (IEP) in the section for supplementary aids and services.

Changes that take a student with a disability off the regular school bus will usually involve Transportation as a related service. A related service is a developmental, corrective or supportive service required to assist a child with a disability to benefit from special education.

As a related service, Transportation includes:

  • Travel to and from school and between schools;
  • Travel in and around school buildings; and
  • Specialized equipment (such as special or adapted buses, lifts and ramps), if required               to provide special transportation for a child with a disability.    (34 CFR 300.34; NC 1500-2.27)

There is no list that includes all possible options for what transportation can look like as a related service. It could mean a specialized van service, or reimbursing parents for mileage when they transport the child to and from school. It could mean using a golf cart to transport a student across a large school campus. Of course, it could also mean the classic “short bus” that carries students with disabilities on an alternate route.

Whether it is included on the IEP as a related service or an accommodation, the specific needs of the student should be described in clear detail. This will help avoid problems as the student moves from one school or school year to the next. As always, the IEP can be changed if the student’s transportation needs shift over time.

It is worth noting that some students with Section 504 Accommodation Plans also have special transportation needs. The range of possible options for meeting those needs is almost as broad as it is for students that qualify for special education services, even though schools do not receive any extra funding for those students.

ECATS is Here!

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It has taken years of planning and preparation, but the Every Child Accountability and Tracking System (ECATS) is finally operating in all North Carolina public schools that serve students in grades K-12. ECATS is a data system made up of three modules: Special Education, Service Documentation, and Multi-Tiered Systems of Support (MTSS). ECATS provides a way to capture high quality information in a consistent way for a variety of purposes.

The Special Education module will help the North Carolina Department of Public Instruction (NCDPI) better do its job of monitoring and assisting Local Education Agencies (LEAs). The goal is that children with disabilities receive a free appropriate public education in the least restrictive environment. NCDPI also has to collect data and make reports to the U.S. Department of Education.

Changes were made to several special education forms as part of the transition to ECATS. When their child’s Individualized Education Program (IEP) is re-written, parents will notice that some sections of the form have been moved around and/or changed in some way. The new IEP form still contains all of the information required by federal and state laws.

The biggest change is that all of the child’s Present Levels of Academic Achievement and Functional Performance (PLAAFP) statements are clustered together in the one section of the IEP. The new IEP form has a place to list the results of an initial evaluation or re-evaluation, as well as other data. For each skill area included in the evaluation, the IEP Team then has to decide (and document) if the student requires specially designed instruction (i.e., special education) in that area. Sometimes the answer will be “yes,” and sometimes it will be “no.”  For students with existing IEPs, there should be PLAAFP statements for all skill areas where there are concerns.

The Annual Goals are also clustered together, but in a different section that will probably be two or more pages after the PLAAFP. This may make it more challenging to compare the proposed goals with the relevant PLAAFP statements. That comparison helps determine whether the goal is appropriately ambitious, yet reasonable for the student.

Parents can request a hard copy of the draft IEP so they can have the PLAAFP statements in front of them while the annual goals are developed. Other IEP team members may find this helpful as well.

Change happens, but it is easier to accept when you are prepared. If you would like to look at the new Exceptional Children Forms, you can find them here:

https://ec.ncpublicschools.gov/policies/forms/state-forms-directions

What is a Facilitated IEP Meeting?

Did you know that the Exceptional Children Division of the North Carolina Department of Public instruction (NCDPI) has a group of trained individuals who can serve as independent facilitators for IEP meetings?

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You will not find IEP meeting facilitation mentioned in the N.C. parent rights handbook because it is not a requirement of the federal special education law, IDEA. However, North Carolina is among many states who offer facilitation as a way to help IEP teams work through challenging situations. Facilitators are often able to help keep problems from getting to the point where formal dispute resolution steps are necessary.

IEP Team members are expected to work together and make good decisions on behalf of children who have disabilities. Sometimes, however, IEP team members have different ideas about what is in the child’s best interest. At other times, emotions, personality conflict or past experiences make it difficult for teams to have serious discussions without meetings becoming uncomfortable or unproductive.

NCDPI has cross-trained selected individuals who have backgrounds in special education or professional mediation to serve as IEP meeting facilitators. These independent facilitators are not employed by NCDPI or by any school district, but NCDPI does pay them for their services.

When to consider requesting a facilitator:

  • It has been difficult for the IEP team to make decisions, even after much discussion
  • Previous IEP meetings have been tense; Team members feel they are not being heard
  • The IEP meeting will have many participants, and complex issues to address.

 

How to request a facilitator:

 

What to expect:

  • The Facilitator will contact the school and family to identify the issues and create an agenda for the IEP meeting. They make sure that the meeting time is long enough to address each issue.
  • Ground Rules are established and the Facilitator will “run” the meeting. Facilitators do not have a say in IEP team decisions. They keep the team focused on the child, and the purpose of the meeting. They make sure that everyone has a chance to ask questions, provide information and offer ideas for consideration.
  • If necessary, the Facilitator will create a list of follow-up Action Items. Individual team members take responsibility for each item on the list, and a target date for completion is set.

 

If all goes well, the FIEP process can serve as a model of how the IEP team can work together effectively to help each student get the free appropriate public education that they deserve.

What counts as a disciplinary removal?

Grunge black answer word round rubber seal stamp on white background IDEA requires schools to take certain steps when students with disabilities face a disciplinary change of placement. At that point, schools are required to hold a meeting to conduct a Manifestation Determination Review (MDR). The purpose of the MDR is to determine whether the behavior that the child is being disciplined for is caused by, or substantially related to their disability. If it is, the child returns to their current educational placement, a Functional Behavior Assessment is conducted, and a Positive Behavior Support Plan is either developed or revised.

Sometimes, the disciplinary change of placement is very clear. A decision was made to move the student to an alternative school, give them a long-term suspension, or restrict them to homebound services.

An unofficial change of placement occurs when students have missed more than 10 days of school due to disciplinary removals. Most schools do a good job of documenting out-of-school suspensions. However, many schools do not keep an accurate count of the days when students are sent home early, given in-school suspension (ISS), or forced to sit in someone’s office for hours at a time because of their behavior. In each of these situations, students are removed from their normal educational placement for disciplinary reasons. When these shorter removals happen again and again, they can eventually add up to a disciplinary change of placement.

Principal school. Parents kids teacher meeting in office. Unhappy mom, son talk with angry principal. School educationParents should keep track of the number of times that they are called to pick up their child from school early because of behavior. Be sure to note the time of day. Ask your child to tell you when they are sent to the office or ISS. When the total removal time reaches the equivalent of more than 10 days, ask for a Manifestation Determination Review.

The MDR requirement exists so that students are not repeatedly punished for having a disability. Instead, schools are supposed to look for better ways to support each student and help them develop the skills needed to function more successfully. Learning appropriate ways to get needs met is critical to long-term success in school and in life. Frequent undocumented removals also cause students to miss valuable instructional time, which places them at an increased risk of falling behind academically.

Poor record keeping is not an excuse to deny students the behavioral support and instruction that many of them need to receive a free appropriate public education.

Be informed before giving consent

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When it comes to special education, there are several points at which parent consent is required before things can move forward. Some school teams do a better job than others at making sure that parents fully understand the documents that they are asked to sign and what they mean for their child. Before you sign anything, make sure that you have all of the information you need to make a good decision. You have a right to have this information provided to you in a way that you can understand. This could mean using an interpreter or having documents translated into your primary language.

Evaluation:

Parent consent is required before schools can do any testing on a child that goes beyond what they normally do with all students. When a child is being evaluated for special education, the Consent for Evaluation form should list every area that the evaluation will include, such as Psychological, Educational, Motor or Speech-Language. Each of those areas can involve a variety of assessments. Parents have a right to more details about their child’s evaluation.  For example, will the psychological evaluation include social-emotional/behavior and/or intellectual assessments? Will the motor evaluation focus on fine or gross (large) motor skills, or both? Will the educational evaluation only look at the academic skill area where there is the greatest concern, or will it assess all of the basic skill areas so that academic strengths can also be documented and other possible weaknesses identified? It is better to ask questions before giving your permission, than be surprised or disappointed after the evaluation is completed.

Release of Information:

Sometimes parents are asked to give permission for schools to get information from professionals who work with your child outside of school. Make sure that you read any release form carefully so that you know what kind of information is being shared and under what conditions. Sometimes the school may only need to have your child’s doctor complete a form, or to get a written evaluation report from a private psychologist. There may be other situations where the school nurse may want to be able to talk to a medical provider to clarify details about the child’s healthcare needs while at school. A good guideline is to make sure that the school is able to get the information that is needed to serve your child, while still protecting your right to privacy.

Consent for Special Education Services:

Schools cannot provide special education services to a child without parent consent. Parents are only asked to give written consent for special education services one time unless the child moves into another school system. That one consent form gives permission for the school system to provide the services and supports on the child’s IEPs for as long as they continue to be eligible for special education. Parents do not have to consent to each separate service. In fact, parents cannot pick and choose which services they are willing to accept. They must work with other members of the IEP to create an educational program that is appropriate for their child. If necessary, there are many ways to try to resolve special education disagreements.

Providing consent is a choice. The very fact that you are asked to provide permission for something means that you have the option of saying “yes” or “no.” You also have the option of revoking, or cancelling, your consent if you change your mind later. However, you should make sure that you understand what will happen if you revoke your consent and what it could mean for your child. It is best to become as informed as possible before making any major decision about your child. Their education is no exception.

How Perception Hinders Progression

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By Billy Pickens, Intern

As a senior in college, I have had the pleasure of taking many classes in which I received a great deal of powerful information.  One thing that made every college class worthwhile was the fact that, no matter how important I felt each class was, I still learned a valuable lesson that would leave a lasting impact on my life.  Some of these lessons were immediately recognizable.  However, there were some that did not occur to me as extremely valuable until I really thought about them.

One specific example of the latter was a lecture given by my General Psychology professor.  In this lecture, we were discussing the history of mental illness in America and how it has been dealt with over time.  My professor made the point that prior to scientific research and progressive movements within the disability community, those with disabilities were often seen as useless or less than human.  Many were seen as being under the spell of a demon and therefore were locked away, abused or even killed simply because they did not live up to the standard of what was considered “normal.”

While I found this history both riveting and disheartening, it was a story I had heard too many times before as a person with a disability.  For that reason, at first I did not see it as anything inspiring or thought-provoking.  It was not until I began serving on the Student Advisory Board for my school’s Disability Services that these stories gained more impact and became more important to me.

As a student advisor, one of my tasks is to go into classrooms throughout my school and talk to students about how I have managed to live a normal, productive life despite my disability.  My peers and I share stories of how we had been underestimated, written off and treated unfairly by many who had negative perceptions of persons with disabilities.  It was through our stories, and students saying that our testimonies really changed their own perspectives, that I was reminded of my professor’s lecture.

I began thinking more about my own journey and how I found myself in college striving for employment, yet many of my friends with my disability are still relying heavily on the support systems around them.  While pondering the perceptions of the world and the history of disability culture, I came to the conclusion that one of the key reasons why many with disabilities struggle to flourish in today’s society is society’s attempt to change a person’s disability instead of adapting to it.  However, I believe that this is not so much the fault of society in general, but the support system of the person with a disability.

From the time I was born, my parents were prepared for the possibility that I would be totally blind with gradual hearing loss.  There had been a slight hope that maybe I would be born completely normal.  However, being that my condition was genetic and the chance of me inheriting the gene was extremely high, my parents knew that this was highly unlikely.  Even so, I was raised normally, participated in activities relevant to my age group and attended public school.

There was always the lingering conversation of restoring my sight. I remember from a young age attending conferences centered around vision restoration.  While I willingly agreed to attend these conferences with my parents, restoring my sight was hardly ever a desire of mine.  What is the point? I am achieving my goals despite my blindness and have no time to focus on changing it.

I say this to say that if you are a person who has a disability or are associated with someone who has a disability, the last thing you should do to help that person is try to cure them of that disability.  I am not saying that if the opportunity to cure someone of a disability arises you should not benefit from it.  However, you should focus more on adapting to the present situation than trying to find a cure. In my opinion, this is the most important characteristic of someone who overcomes obstacles and turns perception into progression.

We have come so far as a culture in awareness of our value to society.  We are showing the world each day that we can break down barriers, and do it with our disability.  People like Helen Keller, Louis Braille and others were not respected just because of their disability, but because of what they chose to do with that disability.  Those who embrace their disabilities and use them as motivation instead of defeat will have the main ingredient in conquering any obstacle that comes their way.  Likewise, people who support those with disabilities may experience a shift in their own perspective when they focus more energy on teaching skills to successfully adapt to the environment. Through this approach, they will see how obstacles are conquered and real progress is made.

FAQ: Private Schools and Students with Disabilities

questions-and-answersQ: What are private schools required to do in order to serve students with disabilities?

A:  Unlike public schools, private schools (K-12) are not required to follow federal and state special education laws. If parents make a decision on their own to enroll their child in a private school, they should understand that the school has a lot of power to decide how much they are willing to do in order to serve that child. This is true whether the child has a disability or not.

Private schools do have to comply with the Americans with Disabilities Act (ADA). The ADA requires basic access to a private school’s buildings and programs. Students cannot be discriminated against, treated unequally, or isolated because of their disability. Private schools can set admission requirements, but they cannot intentionally screen out applicants with disabilities who are otherwise qualified to attend.

Private schools must make “reasonable modifications” to policies, practices and procedures to provide equal access. They are required to provide aids and services to allow people with vision, hearing or speech impairments to communicate effectively. Private schools are not required to provide modifications, accommodations, aids or services that would create an excessive burden for them. When deciding exactly how to meet the needs of a student, parent or employee with a disability, factors can be considered such as how the cost of the aid or service compares to the overall resources available to the school. If resources are very limited, a school can choose less expensive options.

Private schools do not have to provide special education instruction or services like speech, occupational or physical therapy.

Private schools do not have to fundamentally alter their program in order to accommodate a student’s disability. For example, a school that has an identity based on having an advanced curriculum can remove a student who was working well below grade level. A school that focuses on hands-on learning in the natural outdoor environment can refuse to serve a student who is extremely fearful of most animals and insects.

We are often asked about what private schools are required to do by law. However, there are many private schools that voluntarily go beyond the minimum requirements. Some offer extra academic instruction for struggling students. Some will try hard to work with a student who has behavior challenges. If your child has a disability and you are thinking about private school, you should look at more than test scores or college acceptance rates. Ask if they offer additional support for students who need it. Pay attention to body language and other clues when you speak with school staff. Those may tell you a lot about how willing the school is to make an extra effort to help all of their students succeed.

Worried that your child may be retained?

Mother and daughter using smart phoneAt this very moment, many parents are very worried about the possibility that their child might be required to repeat their current grade. Many of these parents have received one or more letters notifying them that their child was at risk for retention because they were not meeting grade-level expectations for learning. These are often form letters that are sent automatically based on the child’s performance on academic testing done at several points during the school year. In many schools, the warning letters do not take into account that the student may have an identified disability.

With only a couple of exceptions, North Carolina’s public school law gives principals sole authority to determine what grade a student is assigned to. The exceptions include 3rd grade, when the Read to Achieve law mandates retention of any child who does not demonstrate “proficient” (grade level) reading skills on the End-of-Grade (EOG) assessment. Principals can request a “good cause exemption” for students who meet certain criteria. Students who have Individualized Education Programs (IEPs) based on disabilities that impact reading are eligible for such an exemption. The tricky thing about this is that the principal is not required to request the exemption. They can still choose to retain students who have this kind of disability. In high school, students are assigned to a grade based on the number and type of course credits they have earned. However, a high school principal can decide to assign a student to a homeroom that is different from the grade shown on their official transcript.

Parents do not have to just sit and wait anxiously for that last report card. There are things that they can do to try to help their child.

If you get a letter in January or February warning you about possible retention, you can contact your child’s teacher(s) to get more information about why the letter was sent. If your child is not learning at the expected rate, you can ask about what actions have been, or can be taken, to help them make more progress. For a child who does not have an IEP, this might mean starting or intensifying research-based interventions as part of a multi-tiered system of support (MTSS).

If your child has disability and receives supports as part of a Section 504 Accommodation Plan, you might want to consider asking for an evaluation to see if the child now needs special education services. If your child already has an IEP, you can request an IEP Team meeting to consider making adjustments to instruction and/or supports to improve learning.

Under any condition, it would still be a good idea to meet with the school principal to discuss your concerns about possible retention. Most public schools are too large to expect a principal to know each child well. You can discuss potential pros and cons for your child. For example, you can explain why it might make more sense to promote your child to the next grade with targeted supports and services, than to require the child repeat the entire curriculum of his/her current grade. You can also take that opportunity to share additional information about your child that the principal can consider as he/she makes their decision.

The principal does have the authority to make the final decision about retaining or promoting your child. However, you can try to influence that decision before it is made. You can also continue to advocate for your child to get the instruction and services that he/she needs next year, regardless of the grade they are assigned.

Get ready for next school year

As one school year winds down, its good to start thinking about the next year. Perhaps you have a child who will simply be moving from one grade to another in the same school. Maybe your child is facing a more dramatic transition such as:

  • Starting Preschool for the first time
  • Entering KindergartenToday's Preparation... Tomorrow's Success!
  • Moving from Elementary to Middle School
  • Beginning High School

It is time to move from thinking to planning!  Take steps to make this transition as smooth as possible by gathering information about what might be coming up, and sharing important information about your child with the right people.

If your child is staying at the same school, find out what might be different for the coming year (e.g. class size, number of teachers/aides, daily schedule, curriculum, meal times, etc.).  Each of these factors could impact your child and may require some changes in how your child’s needs are met.  You might also want to speak with the Principal about the classroom environment and/or teacher styles that are likely to be successful or unsuccessful for your child.  Hopefully the Principal will use this information to make a good match when class assignments are made.

If your child is moving to a new school, you will still want to know the things mentioned above, PLUS:

  • Visit the new school to check out the physical layout and ask about a typical day
  • Think about any possible barriers or challenges that your child might have in the new setting
  • If your child is entering middle or high school, ask about required courses and any options that may exist. Some courses are offered at multiple difficulty levels, and there may be other ways to help make sure that your child gets a course schedule that will work for him/her
  • Request a transition IEP meeting to discuss and make decisions about any changes that may be needed in the accommodations, modifications, supports, services and/or goals
  • For many children, it is helpful for them to have an opportunity to walk through the new school and possibly see their classroom(s) and meet their teacher(s) sometime before school starts. There may also be other steps that you can to help make this transition a smooth one.

Most importantly, stay positive and help your child feel good about the upcoming school year!

Think about summer camps NOW!

Camp Drop Off sign

Many parents are so busy trying to get their child through the school year successfully that they do not think about possible summer activities until summer is almost here. By then, many camps and programs have already filled up. Parents may find themselves in a mad scramble to find ways to keep their child occupied. My biggest tip for parents, especially parents of children with disabilities or special healthcare needs, is to start searching and planning as early as possible!

If you find a program that seems right for your child, but no space is available for this year, find out when you should contact them about enrollment for next year. You can also ask to be put on their email list, if they have one. Use calendars and any other tools that work for you to set up a future reminder.

Each year the Family Support Program at the University of North Carolina School of Social Work creates a directory of summer camps and programs for children who have various disabilities. The 2018 Summer Camp Directory also includes tips for conducting your search and questions to ask to make sure that the program is a good match for your child. In some larger communities a local newspaper, parent magazine or other organization create similar listings of summer camps, programs and activities in that area.

Many local Departments of Parks and Recreation offer summer day camps, and some have “therapeutic recreation” programs designed specifically for children and youth with disabilities.  However, regular camp programs supported by public funds have an obligation to make reasonable accommodations that would make it possible for many children with disabilities to participate in their program.  Some of the Y’s are also making a deliberate effort to be more accommodating of children with special needs.

Call around, talk to friends and acquaintances, check out public libraries, museums, movie theaters, bowling alleys, skate rinks, churches, public and private schools, tourist attractions, scouts, 4-H clubs, etc. for summer offerings that might be of interest to your child.  Parents often have to create a patchwork quilt of activities in order to keep children constructively occupied throughout the summer.  At home, consider using educational websites, software and activity books to keep the young minds active and skills from being lost.  Many disability-related websites also offer summer tips.

The key message is to start planning early… really early! That is when you will have the most options and a chance at getting financial assistance, if needed.  With planning, your child can go from having a ho-hum summer to a truly great one!