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What happened to the EC teacher in middle school?

When IEP teams plan for a student’s transition from elementary to middle school, many parents are surprised to find out that their child’s special education services are going to be quite different. Children who have had pullout resource services for years may suddenly be expected to survive in general education core courses without any dedicated special education support time. It is a challenge to explain this reality to parents, while still making them aware of the IDEA requirement that a full continuum of services be made available so that IEP teams can decide what is most appropriate for each child.

There was a time when middle schools had sections of core academic subjects that were taught by special education teachers. These classes typically followed the standard course of study, but the smaller class size allowed the teacher to move at a pace that  students could handle, and to explain concepts in a variety of ways. This worked for a lot of children.

No Child Left Behind (NCLB) changed all of this with its definition of “highly qualified teacher” and requirement that core courses in middle and high schools could only be taught by a teacher who was highly qualified in that specific academic subject. Before NCLB, North Carolina, as did many states, certified special education teachers in “special education” and not each separate academic subject.  Under NCLB in-service teachers had to take specific steps in order to be declared “highly qualified” in a core subject. To make matters worse, one of the options that North Carolina had developed to accomplish this  was rejected by the U.S. Department of Education after many teachers had completed that process. All of this led to a shortage of special education teachers who were available to teach core subjects at the secondary school level.

The solution that most school systems came up with was to have general education teachers serve as the “teacher of record” for these core courses, while having a special education teacher also in the room to provide extra support for students who needed it. These courses are generally referred to as “co-taught” or “inclusion classes.” Most middle schools offer such courses in English Language Arts and Math. Some schools also include Science and Social Studies.

There is no one-size-fits-all when it comes to special education. The inclusion classes meet the needs of some students, while others continue to need additional support. Many schools also offer “curriculum assistance” or “resource support” classes as elective courses. (The actual class titles vary from one school district to the another.) These classes are taught by special education teachers who often introduce study skills, along with other content and strategies that are useful for most of the students to know. However, the chief benefit of these smaller classes is that they provide an opportunity for students to get extra help with their general education coursework as well as their IEP goals.

No Child Left Behind is no longer the law of the land, yet many schools continue to deliver special education services the same as they have for years. Schools and parents  should be aware that the new federal Every Student Succeeds Act (ESSA) provides room for a wider variety of ways that special education students can be served.

As parents begin to think about their child moving on to middle school, they should consider making contact with staff at the middle school to discuss the existing options. However, they should also keep in mind that if those options do not meet their child’s needs, they can challenge the IEP team and the school system to create additional options. With more choices, IEP teams have a much greater opportunity to create an educational program that will meet each individual student’s unique needs. At the end of the day, that is what special education is all about.

 

Understanding the role of the LEA Representative

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.

* North Carolina Parent Rights and Responsibilities

Extended School Year (ESY) services

sunExtended 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…

Dissecting a Victory

So many parents will be able to relate to your experience. Beautifully written!

autismblues

So today was the big day. We had our eligibility meeting at the school to determine if our fourth child, a third-grader, qualified as being on the autism spectrum according to the school district’s definitions. And I’m happy to report that the IEP team (consisting of the school psychologist, the speech therapist, our son’s teacher, the assistant principal, our private psychologist, and Katie and me) all agreed that he met the district’s criteria for being identified as ASD.

A Good Day.

On one level, not much has changed as a result of this new designation. He is still receiving the same services he received under his previous designation as “Language Impaired.” We’ll revisit his Individualized Education Plan later in the school year to see if he needs more help than he’s currently receiving.

But having him identified as being on the autism spectrum is also a safeguard for the future…

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