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…
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!