Category Archives: IEP
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!
What is the difference between “placement” and “assignment” when it comes to students who have disabilities? This topic should actually fall under the heading of: Questions parents don’t ask because they don’t know what they don’t know.
“Placement” and “assignment” are often used as though they mean the same thing in conversations about the education of typical students. However, there are some very real differences in how these words are used when talking about students who receive special education services. There are also big differences in how decisions about placement and assignment are made.
Special education placement describes the type and amount of special education and related services a student receives based on their Individualized Education Program (IEP). The IEP will also describe the location where the services will be delivered. The IEP will state whether the services will be provided within the general education setting, special education setting, or the total school environment. The team of people who create each student’s IEP includes the child’s parent(s), a general education teacher, a special education teacher, and someone who can represent the local education agency (LEA) or school system. The IEP team can include other individuals, depending on what is being discussed or when invited by the parent or school.
Students with disabilities must be educated alongside students who don’t have disabilities as much as possible, as long as their needs can be met. The IEP team has to explain why a student is removed from his non-disabled peers and why they cannot be adequately served in the general education setting, even with the use of supplemental aids and services. The least restrictive environment for each student must be determined based on the unique needs of that particular student and not factors such as age or type of disability.
Some students with disabilities stay in the general education setting all day long, some removed for a short time each day, and other students require a specialized environment for most of their day. There is a wide range, or continuum of alternative educational placements that the IEP team can consider. The amount of time that the student is removed from their non-disabled peers will determine whether their placement on the continuum is described as regular, resource, separate, separate school, residential, home/hospital, etc. The IEP team, including the parent(s), has full responsibility for deciding special education placement.
Educational assignment refers to administrative decisions that are made by people who have been given certain authority to make them, as well as the guidance of school board or other policies. For example, principals typically have the authority to assign students to specific teachers. In North Carolina, principals also have sole authority over each student’s grade assignment or classification, including promotion and retention decisions.
Most school systems have a written policy that details how students are assigned to particular schools. In addition to a “home” school based on the student’s address, there may be other school options that parents can apply for by following certain steps. There may even be an appeal process if the request to change schools is denied.
If the IEP team has decided that a student’s disability-related needs require a specialized setting at, or beyond, the “separate” level of service, that student will be administratively assigned to the school closest to home where his or her needs can be met. School system administrators can decide where to locate various specialized classrooms, and they can be moved from one school year to the next. In most cases, parents of these children will not have a choice about which school their child will be assigned. Parents also do not have a right to pick and choose their child’s teachers.
If there are special considerations that make the standard administrative process or the resulting decision, not appropriate for your child, find out who has the authority to do something different. That would be the contact point where you should focus your efforts to advocate for your child. Communicate with the decision maker(s) to help them better understand all of the issues involved. If necessary, reach out to the school board members and others who actually create the policies that everyone else has to follow.
The IEP team process gives parents a clear role in making decisions about special education placement decisions, but parents can sometimes influence administrative decisions as well. It is important to be clear about which decisions you are talking about.
On average, about 20% of the students in our public schools have some sort of chronic health condition. Some of these students have Individualized Education Programs (IEPs) because they require specially designed instruction, but many of them do not. Because students have a wide variety of special needs, sometimes a combination of multiple issues, there are also several different options for meeting their educational and health-related needs. The following list will reflect the range of possibilities going from the most common and least restrictive, to the less common and more extreme. A professional school nurse and the child’s personal healthcare providers will play important roles in each of these situations.
- There are many students who do not require any action on the part of school staff other than to monitor and document the administration of medications that are taken at school. In order for this to happen, parents must provide the school with written documentation of medical need from a physician, physician assistant or nurse practitioner (hereafter referred to as “doctors”). They must also give their written permission for school staff to administer the medication.
- Emergency Care Plans are developed for students who have a health condition that can potentially lead to a medical crisis. In the case of some students who are at risk of a life-threatening allergic reaction, there should be an on-going effort to reduce the child’s exposure to the allergen involved, but also a plan that includes actions that staff should take immediately if there is a serious reaction to accidental exposure. The plan may include things like administering Benadryl, giving an Epi-pen injection, calling 911 and/or notifying the child’s parents. Some students have a seizure disorder that requires the immediate administration of specific medication in order to prevent major escalation of symptoms and possible long-term complications.
- Individual Health Plans (IHPs) describe how a student’s special health care needs will be met while they are at school. The plans are written by the school nurse, other school staff and the child’s parents, using information provided by the child’s doctor(s). The IHP will identify the child’s health condition(s), describe how the child is impacted by it, clearly state the actions that should be taken by school staff to manage or treat the condition, and how to respond if the child shows specific signs of distress or unusual developments occur. IHPs are also written for students who self-monitor their health condition and self-administer medication.
- Section 504 Accommodation Plan. Some students have health conditions that require some adjustment in the way things are normally done in order for that student to have an equal opportunity to access, participate in, or benefit from the public education program. For example, a child with asthma may be allowed to take breaks during intense physical activity like PE class, or a child who has difficulty regulating body temperature may need a climate-controlled school bus. Some children may need shortened school days because of low stamina, and others may need flexibility with the school system’s attendance policy due to frequent health-related absences. Each school system creates its own Section 504 Policy within federal guidelines. A child must be determined to be eligible under Section 504 before an accommodation plan will be developed to address that child’s specific needs.
- Individualized Education Programs (IEPs) are developed for children who have been found eligible for special education services because of disabilities that may or may not be related to a health condition. The IEP describes the services, supports and instructional goals required for the student to receive a free appropriate public education. The plan can include accommodations similar to those of a Section 504 Plan, but it may also include health or nursing services that are part of the student’s IHP. The IEP may include annual goals for the student to learn how to better participate in his own health care. The school nurse can also provide technical assistance and training to other school staff who will be working with the student.That service should be documented on the IEP. Sometimes, especially when the student’s health condition is totally unrelated to the disability that the special education focuses on, the IEP will simply mention implementation of the IHP to make sure that school staff are prompted to read the IHP and understand any responsibilities that they may have.
- Medical Homebound Instruction is sometimes required when a student is unable to attend school for medical reasons. Very specific documentation from a doctor is required, and there is usually an expectation that the student will have to be out of school for an extended period of time. If medical homebound services are approved by the school district, arrangements are made for a teacher to provide instruction in the child’s home or another setting outside of school. Because homebound services are considered to be extremely restrictive, the child’s situation is reviewed on a regular basis to see if the child is still unable to attend school.
Medical needs and special health conditions should never stand in the way of a child getting a free appropriate public education. What it takes will vary from one child to the next, but there is an option that is right for each child who wants to learn. When parents, schools and medical providers all work together anything is possible!