Category Archives: Disability
Effective communication is important to good working relationships between parents and schools. This is especially true when it comes to communication about special education. Parents are often the first to express concerns about their child’s development or learning. Parents are also required members of any group that makes decisions about special education evaluation, eligibility or development of the Individualized Education Program (IEP) for an eligible student with disability. Whether you are at the beginning of the special education process or an IEP team veteran, it is important to use words that express your thoughts accurately.
Remember that communication is a 2-way street. There is a message that is sent and a message that is received. Unfortunately, they are not always the same thing. The chart below gives examples of words or expressions that may seem similar, but could mean something very different when used in special education-related conversations. Using the wrong term can lead to confusion, frustration and/or an unintended result.
|Asking for extra help or tutoring for a struggling student.
This could lead to adjustments by the general education teacher, a referral to the school’s intervention team, or the parent might be told about tutoring available through the school or how they can find a private tutor.
|Request for a special education evaluation or special education services.
This will trigger a formal process to gather information and determine if the student is eligible for special education services.
The student is enrolled in a public school that typically provides limited educational services either in the home or another community setting.
In N.C., home schools are considered private schools. Public school systems are not required to provide instruction except under certain circumstances.
|Revoke consent for special education services.
All special education services will stop. Parents cannot hold school system responsible for providing FAPE.
|Refuse a specific special education service while keeping other services and supports.
IEP Team must consider options and decide how to ensure that the student receives FAPE. There should not be an automatic “all-or-nothing” threat.
Student is improving their academic or functional skills.
Student is improving at an accelerated rate that will close the skill gap with typical peers over time.
If you are communicating with others and the response is not what you expect, check to make sure that they understood you correctly. It may be necessary to clarify what you mean. Consider using different words or giving an example. Words do matter!
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.
Q: 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.
At 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.
We are just about at the halfway point in the school year. Report cards will be coming home soon. If your child receives special education services you should also get a report on his/her progress on their IEP goals. This is a great opportunity to think about how things are going and whether or not some changes need to be made. Ideally, we would all like to have a happy, socially-successful child who is learning and developing at or above the expected rate in all areas. If that describes your child, you should give a word of thanks to all who have helped make this happen!
If your child’s grades are lower than you think they should be, try to get to the root of the problem. Is your child having difficulty learning the material being taught? Is he doing poorly on tests even though he seems to understand the work? Is she doing fine on tests, but has a low grade average because of zeros for several school assignments that were never completed or turned in? Has your child missed a lot of instruction because of disciplinary actions that have taken him out of the classroom too many times?
Even if the grades are okay, there may be other reasons to be concerned. The grades may seem to be inconsistent with what you see when your child is doing home work. The progress on IEP goals may be moving much slower than expected. Instructional assessments may show that the gap between your child’s skills and the achievement standard for his grade is getting wider instead of more narrow. Is your child saying, or showing, that she does not want to go to school? Are you getting more reports about problem behavior at school?
If you do see any red flags, the first action to take is to try to understand what is working and exactly where there may be some problems. Talk to your child and your child’s teacher(s). Ask what you can do at home to help your child be more successful. Work with the teacher(s), other school staff, and the IEP team as appropriate to come up with solutions to any problems that are identified. Make adjustments in terms of instruction, materials, strategies, accommodations, services, supports, environment…whatever makes sense for your child at this time. Keep an eye on things to see if there is improvement or a need to try something else.
Your child is the winner when his educational team is working together toward the same goal!
Children with disabilities may get into trouble every now and again, just like other children. When it comes to the discipline of students who have disabilities, public schools have a special obligation to consider the possible role of the child’s disability. There are federal and state laws that provide guidance in this area.
Section 504 of the Rehabilitation Act of 1973 prohibits any program that receives any federal funds from discriminating against an “otherwise qualified” individual based on their disability, when it comes to accessing, participating in, or benefiting from that program. If a student is punished for a behavior that is caused by his disability, that could be considered discrimination. In order to be sure that such discrimination does not happen, schools should take a look at any possible connection between the behavior in question and the student’s disability when making decisions about discipline. Many school systems use a process that is similar to Manifestation Determination Review (MDR) that is described in the Individuals with Disabilities Education Improvement Act of 2004 (IDEA ’04). Each school system must develop its own Section 504 policy so you would need to check with your local school system to learn the details about how the discipline of students with disabilities is handled.
IDEA ’04 and state special education laws, allow school officials to consider the discipline of students who receive special education services on a case-by-case basis. This allows them to consider things like the nature of the child’s disability, the functioning level of the child, the intent of the behavior and other relevant factors. This flexibility is there to help make sure that schools respond to violations of the code of student conduct in an appropriate way, especially when a change in placement is being considered.
If a decision is made to change the placement of a child with a disability (as defined by IDEA), the school must hold an MDR meeting to determine whether the behavior in question was caused by, or had a direct and substantial relationship to the child’s disability. The group, which includes the parent, a representative of the school district, and relevant members of the child’s IEP team, will also consider whether the behavior or violation was the direct result of a failure to properly implement the child’s IEP. If the answer to either of these questions is “yes”, then the behavior is determined to be a manifestation of the child’s disability and the child is returned to his or her previous placement and provided with appropriate positive behavior intervention and supports.
Sometimes the team that conducts the MDR looks too narrowly at the child’s disability. They may only consider the child’s category of eligibility for special education services. Instead, the team should review all relevant information in the child’s special education record, including the child’s IEP, along with teacher observations and any relevant information provided by the parents. As an example, a child’s category of eligibility could be specific learning disability, but consideration of the child’s “disability” should also include possible impacts of ADHD and anxiety disorder diagnoses. The team should look at the whole child as they make a decision about whether the behavior was a manifestation of the child’s disability, just as they should consider the whole child when determining eligibility for special education, or when developing the IEP.