Category Archives: disability laws
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:
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.
Parents 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.
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.