Category Archives: 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.
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.
Our federal special education law places a lot of importance on the role of the parent in decision making. It is understood that parents’ number one priority is looking out for the best interest of their child. But what happens to those children who don’t have a parent who can speak on their behalf?
First, let’s look at how the Individuals with Disabilities Education Improvement Act of 2004 defines “parent.”
- A biological or adoptive parent of a child;
- A foster parent, unless state law, regulations, or contractual obligations…prohibit a foster parent from acting as a parent (e.g. therapeutic foster parent);
- A guardian generally authorized to to act as the child’s parent or authorized to make educational decisions;
- An individual, with whom the child lives, acting in the place of a biological or adoptive parent, or an individual legally responsible for the child’s welfare; or
- A surrogate parent who has been appointed in accordance with IDEA ’04
For children who are wards of the State, or for whom no parent can be identified or located, or unaccompanied homeless youth, a trained volunteer must be appointed by the public school system, or local education agency (LEA), to protect the rights of the child in special education processes. The LEA has to develop a procedure to identify children who may need a surrogate parent, and a way to assign surrogate parents to those children. For children who are wards of the State, the judge overseeing their case also has authority to appoint a surrogate parent.
Surrogate parents are involved in the same decisions that require parent participation. This includes decisions related to evaluation, determining eligibility for special education services, development and review/revision of the Individualized Education Program (IEP), educational placement and the provision of a free appropriate pubic education (FAPE). Surrogate parents also participate in the Manifestation Determination Review meetings that look at the possible role of disability when students are facing disciplinary changes in placement.
Surrogate parents must have sufficient knowledge and skills to adequately represent the child so many LEAs provide training to volunteers. Surrogate parents have access to the child’s educational records and should be expected to have some familiarity with the child and his/her needs before attending an IEP or other school meeting.
Good surrogate parents provide an important service to children that may have no other adult who can stand up and speak up for them when critical decisions are made about their education. If you, or someone you know has the time and flexibility to volunteer as a surrogate parent, please consider this as a great way to make a real difference in the life of a child who is facing multiple life challenges in addition to having a disability.
For students in middle and high school it is extremely important for parents to keep up with the courses that they are taking. The classes should offer the right amount of challenge (not too easy, not too hard). They should be preparing your child for whatever their goals are for life after high school. More importantly, the courses need to be chosen so that they meet the graduation requirements for your school system. With many schools using computer programs to create schedules for students, it’s not hard for the needs of individual students to be overlooked.
For many students who have disabilities, course selection is even more critical. For some students it will be important to make sure that they are placed in the course sections that are co-taught by both regular education and special education teachers. This can offer real-time assistance and support to help students be successful with grade-level material. The co-taught classes can be selected in the areas most likely impacted by the student’s disability. Sometimes the assumption is made that, because the student has an IEP, they should automatically be placed in the lowest level course available. This approach would keep many students from building on their strengths to reach their full potential. Students who need support in some subjects can also take typical or even honors classes in subjects that are areas of strength for them.
These days, most high schools are using block schedules that cover the entire content of a course during a single semester. It may be important to make sure that the courses that will be most challenging for your child are not all piled into the same semester. With thoughtful planning, the school can create a schedule that spreads the work load out more evenly. For example, your child can take two really hard classes at the same time plus a support class and an elective in an area of interest. This kind of planning from the very beginning will usually allow students to complete all of their graduation requirements within 4 years so they can graduate with their peers. Even if they have to pick up a summer class or return for an extra semester, the goal is that the student experiences success and gains knowledge that will help them throughout their life. The extra time will be well spent.
Parents also need to look out for other kinds of scheduling problems:
- Make sure that courses are taken in the right sequence. The level 1 course should come before the level 2 course.
- Make sure that your child is not assigned to a course that they have already successfully completed. With rare exceptions, they will not earn course credit the second time around.
- Make sure that your child was not placed in an elective course that they have no interest in, or one that is a poor fit, just because there was space in that class. Forcing an extremely shy kid to take a drama class will probably not end well.
- Make sure that your child is on track to graduate when expected. Your child could be taking math and science classes that are counted as “electives” that do not meet the graduation requirements for that subject area. If your child comes up short by missing even a single graduation requirement, they will not get a diploma. At least once a year have your child’s guidance counselor review the courses that your child has taken and compare them to the courses required for graduation.
Read your child’s class schedule carefully as soon as you get it. If you see anything on that doesn’t look right, contact staff at the school immediately. Go to the school in person if you need to. The sooner any problems are corrected, the easier it will be for your child, and the better their educational experience will be.
Extended School Year or ESY refers to special education and related services that are provided to eligible students beyond the normal school year, based on the student’s Individualized Education Program (IEP). ESY is not summer school! Services are based on each child’s unique needs, so they range widely in terms of the type of service and how it is delivered. ESY services are often intended to help the child maintain their skills, not make progress. For example, a child may only get physical therapy, and just enough to maintain their range of motion.
During the development of each new IEP the IEP team must decide if the student is, or is not eligible for ESY services. In some cases, the team will note that ESY is “under consideration” and a future date will be set for the team to come back together and make a final decision. This gives the team time to collect data or information about the student’s performance to help them determine eligibility for ESY.
Some of the key things for the IEP team to consider are:
- Whether the student regresses, or slides backward, during long breaks from instruction, and takes an unusually long time to relearn lost skills, or
- Whether there is a risk that a long break will erase most of the gain that the student made during the regular school, or
- Whether the student is showing that they are beginning to learn a critical skill, and the “window of opportunity” might be lost if there are long breaks from instruction.
The great majority of students do not qualify for ESY services. In many cases, however, the team ends up checking “No” on the IEP simply because they do not have enough information to establish that the student needs ESY services.
It’s probably too late to address ESY for the summer of 2017, but it’s not too late to start gathering information and data that the IEP team can consider at the next annual review. Save a few samples of your child’s school work to show what they were able to do at the end of the 2016-2017 school year. Keep progress reports, report cards, behavior reports, communication log, correspondence, assessment results, videos… basically anything that will provide documentation of your child’s functioning in the areas of concern.
Find out what kind of assessments will be done when your child returns to school. If additional skills need to be measured, ask to have some assessment conducted in those areas. If there are significant concerns about behavior, try to get next year’s teacher to make written reports to you about how your child’s behavior has been each day. Whether the teacher makes a note in the child’s assignment book, or completes a printed check sheet of some sort, this will provide information about your child’s performance over time, so that any patterns can be identified (ex. he/she has more behavioral difficulties after long weekends, or winter and spring breaks).
It’s okay to tell the teacher(s) that you want to make sure that enough data is collected during the year to give the IEP team what it needs to make the right decision about Extended School Year services. Collect your own data by making notes about things that you observe and comments that are made to you over the course of the school year. Hold onto (or copy) some of the school work and tests that come home. Hopefully, what you will see is your child making steady progress. But you will be better prepared, just in case…
This is the time of year when one school year winds down and we 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. Or maybe your child is facing a more dramatic transition such as:
- Starting Preschool for the first time
- Entering Kindergarten
- Moving from Elementary to Middle School
- Beginning High School
It’s 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 be other steps that can be taken to help make this transition a smooth one.
Most importantly, stay positive and help your child feel good about the upcoming school year!
Heather Ouzts, Parent Liaison
NCDPI Exceptional Children Division
“The only way to do great work is to love what you do.” (Jobs, 2005)
Several years ago, I was lucky enough to find my passion —helping families of students with disabilities. I have spent most of my life caring for children whether it was at work, church, or in my own home. As a mother of four children and as an employee in the schools, I learned that ALL children have special needs; some needs are just more easily seen. As a mother of a child with a disability, I learned that ALL parents have needs as well. In my work as a parent liaison, I have the great opportunity of trying to help schools meet the unique needs of both their students and their parents.
I first discovered my love for working with families as the parent liaison for the Exceptional Children Department of Alamance-Burlington School System in 2012. For three years, I worked with families, schools, and community partners to provide educational opportunities and resources for parents and build partnerships in our community. In August of 2015, I began a new position as the parent liaison within the Exceptional Children Division at the NC Department of Public Instruction (NCDPI). As a member of the Policy, Monitoring and Audit Section, I was specifically hired to support families of students with disabilities in North Carolina’s public schools.
Along with our Dispute Resolution Consultants, I do take questions from parents regarding special education services and policies. They may be looking for resources or want to know who to talk to about a certain issue. Parents may have concerns or questions regarding how the school is implementing the IEP or what the parent can do if they have a disagreement with the school regarding their child’s special education services. Sometimes the parent wants to know what their rights are as a parent of a student with a disability. As a liaison, I work with both the parents and the schools to make sure the parents’ questions and/or concerns are addressed.
My work at NCDPI also allows me the opportunity to provide professional development and technical assistance to school districts and charter schools on parent engagement. We are currently working to increase the number of parent liaisons and parent advisory councils available in local school districts and charters across the state. I participate on committees working on issues related to transition, surrogate parent guidance, and the School Mental Health Initiative. I also support the Council on Educational Services for Exceptional Children, the advisory council to the State Board of Education.
One of the best things about this position is that I do get to collaborate across the Division and work with so many families and schools across the state. I am always learning something new. Honestly, I have been amazed and encouraged by the efforts of so many here at NCDPI to continue to improve outcomes for all students. There is a lot of “heart” behind the hard work that I witness each day and, as a parent of a child with a disability, it fills me with hope for the future as we strive to meet the needs of students and families.
We must continue our efforts to educate families. I am a firm believer that when everyone can come to the IEP table with knowledge about the strengths and needs of the student, along with an understanding of the special education process, we will have better outcomes for students. It is critical for schools and families to improve communication and build relationships in order to meet the needs of both the student and the parents. It can make all the difference.
It really is great work… and I love it!
Parents can reach me at:
Visit us on the web at www.ncpublicschools.org
References: Jobs, S. (2005, June 15). Stanford Commencement Address. Retrieved from Apple Matters:
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!