Category Archives: IEP
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.
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 Kindergarten
- 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!
In many IEP meetings one of the school system staff members is introduced as “the LEA” without further explanation. If there is a lot of discussion and debate around an issue, it will often appear that this LEA has more influence than most other members of the IEP team. This may not seem fair to parents, who usually are outnumbered in the first place. However, it is important to understand that the LEA Representative does have a unique role in the IEP process.
First, let’s clear up some education jargon. LEA is short for Local Education Agency. Each individual school system that has a central administrator, usually known as the Superintendent, and School Board is actually a distinct LEA. Some LEAs are county-wide, some just cover a particular city, and some are public charter schools. Charter schools will typically have a Board of Directors rather than an elected School Board, and their central administrators have a variety of job titles, such as Headmaster, Dean or Principal.
IEP teams are required to include someone who can represent the LEA. The person who serves in the role of LEA Representative must meet certain criteria:
- Be qualified to provide, or supervise the provision of special education instruction;
- Be knowledgeable about the general education curriculum; and
- Have knowledge of the resources available to that LEA.
Every student with a disability who qualifies for special education services must be provided with a free appropriate public education (FAPE). It is the LEA (school system) that has the responsibility for delivering FAPE to its students. It is also the LEA that is held accountable when that does not happen.
To a large extent, the contents of an IEP define what FAPE looks like for that particular student. This makes the decisions of the IEP team extremely important and legally binding. IEP team decisions are expected to be based on data and the input of every member of the team. Most of the time IEP teams are eventually able to reach decisions that everyone can live with. That’s called reaching a consensus. If the team fails to reach consensus about a relatively minor issue, the matter may be put on hold until more information can be gathered.
When the IEP team cannot come to agreement about a really important proposal, the LEA Representative has the authority to make the decision. This allows the team to move forward with finalizing the IEP so that the student can be served. Having a clear decision also gives the parent the right to formally challenge that decision through one of the options available for resolving special education disputes. Those options are detailed in the Procedural Safeguards Notice* that is often referred to as the “Parent Rights Handbook.” Parents should be given a copy of the handbook at least once each year, but they can ask for a copy at any time.
In rare cases, individuals who serve as the LEA Representative over-use their decision making authority and the IEP team is not able to function properly. If this happens, a higher-level special education administrator should be notified so that corrective action can be taken.
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.
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…
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!
With accommodations, modifications and thoughtful course selection most students who have a learning disability in math are able to make it through elementary and middle school. High schools operate on a different set of rules however, and for some of these students and their parents the path to a diploma can seem like a minefield! North Carolina’s Future-Ready Core Course of Study was designed to satisfy the minimum admission requirements for the University of North Carolina System schools and have all students graduate “college and career ready.”
This is a noble, and perhaps necessary, objective. But what about those students whose brains are hard-wired in a way that will always make algebra a foreign language for which there is no translation? The Future-Ready Core requires 4 units of math that include Algebra 1, Geometry, Algebra 2, and another math course beyond Algebra 2. The content of the first three courses can also come in the form of integrated Math I, II and III courses, but that does not make it easier to learn.
Fortunately, the activism of the Learning Disabilities Association of North Carolina many years ago still benefits the high school students of today. When Algebra 1 was first added as a graduation requirement a clause was placed in our Public School Law clarifying that:
The State Board (of Education) shall not adopt or enforce any rule that requires Algebra I as a graduation standard or as a requirement for a high school diploma for any student whose individualized education program (i) identifies the student as learning disabled in the area of mathematics and (ii) states that this learning disability will prevent the student from mastering Algebra I. [N.C.G.S. 115C-81(b)]
Because of this provision in the law, schools have to provide other ways for these students to satisfy the math graduation requirement. The student and parent can consult with school guidance counselors and others to put together an alternative sequence of four math courses that is appropriate for that student. The math sequence must be approved by the school principal in order to satisfy high school graduation requirements. As a general rule, students will still have to take two “pure” math courses, but they may be “Introductory…” or “Foundations…” courses that focus on basic skills.
Many career and technical education (CTE) courses have enough math-related content that they are approved to count as math credits if they are part of a student’s alternative math sequence. In some cases, the student may have to complete a 2-course sequence in order to gain one math credit. The CTE courses also still count as elective credits. Hopefully, students will be able to find eligible CTE courses that relate to either a personal or career interest. Even though no high school offers every possible CTE course, many of them are available as on-line courses through the North Carolina Virtual Public School (NCVPS). The NCVPS can greatly expand the range of course options that can be considered. This can be especially helpful for students in smaller high schools or school systems, or those enrolled in public charter schools.
Using an alternative math sequence may not allow a student to go directly into one of North Carolina’s 4-year public universities, but it can offer a path to a high school diploma. The diploma, in turn, opens the door to lots of possibilities. A student can choose to move directly into the workforce and be able to check “yes” when a job application asks “Did you graduate from high school?” They will be eligible to enroll in any of our community colleges to further their education. Private colleges, trade and technical schools set their own admission requirements. They may be willing to accept a math-challenged student into a major or program that does not require a high level of math skills.
There is no single path to success in high school, or in life. With planning, hard work and perseverance there are few limits to what young people can achieve. Calculators come in handy too!