Category Archives: Parent Education
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.
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…
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!
While public schools have a legal obligation to provide a free appropriate public education to students who have disabilities, some parents wonder whether their child might be better off in a private school. Private schools often have smaller class sizes than typical public schools and many boast about high student achievement. It is also rare to hear about major discipline problems in private schools. Parents might imagine that their child could get more attention in such a setting. So far, so good.
Private schools, however, are not going to be a perfect solution for every child. There are many things to consider. Private schools DO get to hand pick their students. Children have to apply and be accepted in order to attend. Most enrollment contracts also allow private schools to dismiss students at any point during the year.
Depending on the school’s accreditation, parents may not be able to assume that all of the teachers are licensed. If the school is connected to a religious organization, religion might be infused into the curriculum or school activities. Also, if a parent has a dispute within a private school, there may be very few steps that they can take.
If you are thinking about looking into private schools for your child, the two biggest factors will probably be cost and the amount of disability support that the school offers.
At private schools, parents usually pay for everything: tuition, school supplies, transportation, assorted fees, and the costs associated with extra-curricular activities. Private school costs vary tremendously from one school to the next. Some schools have need-based financial assistance, but they may not advertise that fact.
North Carolina now has two K-12 grant programs that can help some families pay for the cost of sending their child to a private school. The Opportunity Scholarship Program can pay up to $4,200 per year toward the cost of tuition and required fees. In order to be eligible, household income cannot exceed set guidelines. The Disabilities Grant Program awards up to $8,000 per year, which can be used for tuition, fees and other qualified expenses related to educating children with disabilities who are enrolled in a private or home school. There are no income restrictions, but the student must be eligible for special education services using public school guidelines. Contact the North Carolina State Education Assistance Authority for more information about the grant programs and how to apply.
Even though pubic school systems have to spend a certain amount of money serving students who are enrolled in private schools, they can limit the type of services that they provide. Students enrolled in private schools do not have an individual right to special education services from the public school system. Parents should not expect that a child’s public school IEP will be followed after the child enrolls in a private school.
Private schools are not required to provide special education services at all! They can decide how much extra instruction and support they are willing to provide to students. The partial exception to this rule are private schools that receive federal funds. Those schools are required to provide reasonable accommodations and otherwise comply with Section 504 of the Rehabilitation Act of 1973.
There are a handful of private schools in North Carolina designed specifically to serve students with disabilities. Most of these schools are in or around major cities. Most also target children with certain disabilities rather than attempt to meet the needs of everyone. Because of low student-to-staff ratios, these schools are usually very expensive.
For the vast majority of private schools student support is limited to some remediation or intervention by a general education teacher or school counselor. They may allow private speech or occupational therapists to work with students at school. A few schools have a special education teacher on staff. Others have staff who are willing to provide tutoring services outside regular school hours. There is often an additional cost for most of these support services. Some private schools do not offer any extra instruction or support, leaving parents on their own to locate and pay for the services that their child may need.
Questions to ask if you are considering enrolling your child in a private school:
- Does the school have much experience working with students who have disabilities? What about students with disabilities like your child?
- What types of supports and/or special instruction are available?
- Are there teachers with relevant specialized training?
- What happens if a child needs a service such as counseling, speech, occupational or physical therapy?
- How do they handle students who have emotional or behavioral needs?
- Under what circumstances might a student be asked to leave the school? (Read the refund policy and enrollment contract carefully before signing it.)
Having a say in where your child goes to school comes with a lot of responsibility. Do your research. Ask lots of questions. Consider all of the potential impacts on the whole family. There will likely be some trade-offs. Think about which things are most important. Take a deep breath…make the best decision that you can…and don’t look back. If necessary, you can make a different choice next year.
Every school-aged child in the U.S. has a public school that they can attend once a parent registers them. Parents also have a right to choose to teach their child themselves in a home school, or they can enroll their child in a private school that they are admitted to. For many of today’s parents, choosing a school for their child is not quite that simple. In a two-part blog series, we will take a look at public and private school options.
Part 1: Public Schools
All public schools must follow federal and state laws regarding students with disabilities, such as IDEA and Section 504. These laws give students the right to a free appropriate public education (FAPE). Public schools have to provide special education services and accommodations for students who need them because of a disability. If a student requires specially designed instruction, an individualized education program is created by an IEP team, which includes the parents. The IEP team makes decisions about the amount and type of special education services and supports that the student will get.
In most cases, school system administrators make the decision about which school the child will actually be assigned to. Most children with disabilities attend the same school that they would go to if they did not have a disability. Other children may require specially designed instruction and services that are not available at the neighborhood school. These children are supposed to be assigned to the school closest to home that can meet their needs.
Parents who desire to have more control over their child’s education often want to know about any school options that may be available for them to select as a matter of choice. The following is a list of public school options, any of which may or may not be available in a particular community. There are also things that parents should think about when considering each option.
- Year-round Calendar- Some school systems allow parents to choose between schools that operate on a traditional calendar that has a long summer break, and a year-round calendar that gives students several shorter breaks throughout the year. For many children, the shorter breaks allow them to make more consistent progress because they do not loose skills or get “rusty” over a long school break.
- Magnet Schools– These schools follow the standard course of study, but also offer an enriched curriculum or special instructional approach based on a particular theme, area of study or philosophy. When considering a magnet school it is important to look for a good match between the student’s strengths, weaknesses and interests. For example, a child who has difficulty with oral expression in his primary language may not be the best candidate for a language immersion magnet where most of the instruction is in a second language.
- Charter Schools- Like magnet schools, they may have a particular focus or mission that sets them apart from regular public schools. In North Carolina, charter schools operate independent of the larger local school systems around them and they do not have geographic boundaries for attendance. Because they are public schools, charter schools do not charge tuition. They may or may not provide some sort of transportation assistance. In NC, charter schools may also use unlicensed teachers for up to 50% of their instructional staff. This creates opportunities as well as challenges.
While charter schools do not get to hand-pick their students, some students may have disability-related needs that cannot be adequately addressed within a particular charter school. For example, a school that was granted its charter based on having a college preparatory curriculum, would not be required to develop a totally different series of courses for a high school student who has a significant intellectual disability.
Many parents like the idea of a smaller school and possibly smaller class sizes. However, charter schools also have fewer in-house staff resources to address special needs than a regular school system. Most charter schools do not have a school nurse or behavior specialist on their staff. They may contract with private providers for services such as evaluations and speech, occupational or physical therapy. They may have only one or two special education teachers, and the person who functions as the Special Education Director may not have a special education background at all. The staff limitations may negatively impact the school’s ability to effectively address the challenges of students with significant, complex or uncommon disabilities.
If you are considering a magnet or charter school for your child:
- Check out the website of any schools that you are considering. Pay particular attention to the information found under headings such as “About our school” or “Academics.” Looking at the staff list may give you an idea of who is available to provide student support services and what the school’s priorities are.
- Think about whether the things that make that school different from others is a good match with the things that make your child a unique individual.
- Attend an Open House or arrange a personal tour.
- Ask questions about how they address the needs of students with disabilities.
- If the response is that they do not have any students with disabilities, consider that a red flag.
- If they describe something that sounds like a one-size-fits-all approach, ask what happens with students who do not benefit from that approach.
- If relevant, ask how the school handles challenging behavior.
- Listen for mention of positive behavior interventions and supports (PBIS)
- Be wary if they talk about “zero tolerance” policies and behavior contracts, focus solely on punishment, or if they say that they do not have any behavior problems at that school.
- Positive signs can include mention of flexibility; willingness to make adjustments; emphasis on addressing individual student needs and/or learning styles; use of outside resources or consultants; commitment to on-going staff development; teachers with specialized training and experience relevant to your child’s needs; collaboration with parents; and anything else that may be very important to you and your child.
School choice works best when parents have enough information to make informed decisions.
The National Association of School Nurses (NASN) has created a great Back-to-School Checklist for families. It contains some tips that apply to parents or caregivers of all children. There is also a series of tips especially for parents/caregivers of children who have health concerns.
Even though school has started, it’s never too late for a good idea. Check it out!
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.