Showing posts with label IEP. Show all posts
Showing posts with label IEP. Show all posts

Thursday, October 8, 2020

Transitioning To College As A Disabled Student And Getting Support While You Are There

 By Michelle Ball, California Education Attorney for Students since 1995

Transitioning from high school to college can be exciting and challenging for young adults.  For a student who was previously on an IEP (Individualized Education Program) or Section 504 plan (accommodations plan) in high school, the challenges increase.  However, proper planning and talking to the right folks at the college or university where the student will attend or is attending can help.  


Students should be aware of changes that will occur as far as their obligations and the support levels to which they are entitled.  There is no more IEP plan or process, as all school IEP obligations vanish when the student graduates from high school.  There is no mandatory "504 meeting" to develop accommodations, nor obligation of staff to follow up for the student in college.  This means the student may be on their own, if they don't get a college support plan put in place and take steps to get it known and applied.  


Section 504 obligations continue to apply with colleges accepting federal funds, and the ADA (Americans with Disabilities Act) applies to most colleges, excluding religious colleges.  For public colleges, one looks to ADA Title II, and for private non-religious colleges, ADA Title III.  Housing requirements may be covered by the Fair Housing Act.  Other laws may also apply.  However, no one is obligated to do anything unless they are notified by the student of their disability and needs.


For academic and other accommodations, the first step is to contact the college or university's disabled students office, such as the "Student Disability Office" if a student attends the University of California, Davis (UCD), or the "Services for Students with Disabilities Office" at the California State University, Sacramento (CSUS).


Once a student makes contact, they should follow the procedures outlined by the college to become a registered disabled student.  This may involve provision of various documents evidencing a disabling condition, as well as meetings to discuss the student's needs in the classroom and at the college.  The discussion which ensues is typically called the "Interactive Process" during which the student should indicate what they think could assist them, with the school personnel offering their take on potential effective accommodations to help meet the student's needs.


The college is not obligated to alter the fundamental program in which the student must participate or the requirements for a degree, but they can set up items which can ensure the student proper access to the curriculum equal to other students.


Typically, there is a back and forth which may continue outside the meeting process, with a document eventually developed outlining what professors must do and put in place in their classrooms to assist the student.  The plan can also offer solutions for physical barriers and needs on campus, such as with regard to parking, accessible entrances and other items for the student to access their education and the campus.


Often the "plan" must be taken by the student and provided to professors who will need to implement it, prior to classes starting and/or before the student wants the accommodations to take effect.  This is different from during high

 school, where the obligation was on the school or school district staff to notify teachers and ensure an IEP was being implemented.  Now, the obligation to notify staff may be on the college student, depending on who must be notified (e.g. with some restrictions the student would not have access to applicable personnel and the college may need to step in).  


If there are issues with enforcement, the student can follow any internal process to resolve issues, or they can also file complaints outside the college with the US Department of Education's Office for Civil Rights or the US Department of Justice, Civil Rights Division, depending on the type of college.


If you or a loved one are in college now, and have disabilities, but don't have a formal support plan, it could be a good idea to look into what is available.  Even if a student is having no apparent issues or needs, it is often best to get these plans in place before an issue arises, as after it arises, the student cannot usually attack the college for "noncompliance" if the student either did not set up a a plan or failed to notify their professors about the plan.


Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

 

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting.  This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.

READ MORE - Transitioning To College As A Disabled Student And Getting Support While You Are There

Tuesday, September 29, 2020

Medical Marijuana Administration And School Discipline

 By Michelle Ball, California Education Attorney for Students since 1995


In 2020, students were granted the right to have medical marijuana administered to them in school by their parent or guardian IF formally authorized by their school district.  The circumstances surrounding this potential opportunity can be confusing and if the law is not followed properly, could lead to discipline.


Per Education Code §49414.1 (aka JoJo's Law), it is up to each school board

if they will implement a policy to allow a parent to administer medical marijuana/cannabis at their schools.  If there is no policy in place allowing this, there is no right to administer medical marijuana at school.

If there is a board policy, per §49414.1: 


(c) The policy shall include, at a minimum, all of the following elements:

(1) The parent or guardian shall not administer the medicinal cannabis in a manner that disrupts the educational environment or exposes other pupils.

(2) After the parent or guardian administers the medicinal cannabis, the parent or guardian shall remove any remaining medicinal cannabis from the schoolsite.

(3) The parent or guardian shall sign in at the schoolsite before administering the medicinal cannabis.

(4) Before administering the medicinal cannabis, the parent or guardian shall provide to an employee of the school a valid written medical recommendation for medicinal cannabis for the pupil to be kept on file at the school.


If your child receives medical marijuana and you would like to administer it to them during their school day, check your district's board of education page to see if there may be a board policy in place.  If there is, it is critical that it is read and understood as far as what exactly IS allowed.  


If a parent does not follow the rules of their district exactly, the student could be disciplined.  For example, if a parent just can't get to school that day, and rather than forego giving the medication, they hand the medical marijuana to the student to stick in their backpack.  This is not allowed and discipline could result.


There remain laws on school discipline allowing suspension or expulsion for possession or being under the influence of marijuana, and this legal conflict has not been addressed.  As such, parents may want to formally confirm that if their child is "under the influence" due to allowed medical marijuana, they will not be punished as this "influence" is medically authorized and allowed by board policy. 


Parents may also want to explore a 504 Plan or Individualized Education Program (IEP) to see if the medication use or administration options (and other supports) may be addressed in one of these plans. 


There is still a lot of confusion surrounding medical marijuana at school, and students get punished for matters relating to cannabis very frequently.  Be sure your child won't.


Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

 

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.

READ MORE - Medical Marijuana Administration And School Discipline

Tuesday, August 11, 2020

How To Get Speech, Occupational Therapy and Other Related Services Delivered To Our Kids During Coronavirus

 By Michelle Ball, California Education Attorney for Students since 1995

The end of the 2019-2020 school year was a nightmare for kids, and hardest hit were special needs students.  Now that fall 2020 is starting mainly at home, students are not likely to receive adequate special education services, including their "related services."  


Related services are things such as speech and language, occupational therapy, adaptive physical education, and other similar supportive services necessary to help a special needs student to be educated.  These can be very difficult to deliver via online options and schools recently have cut down the provision of these services due to distance learning.

One possible solution for the delivery of these services is to have a school district pay for outside service providers to deliver in person services to the student.  These could be delivered either at the provider's business or in the student's home (if the provider and family are willing).  


Recently I have reached out to a local private speech and language provider and found they are open for business and can deliver right now to students at their office.  This means that while  school employees are not available for students to meet with, other equally qualified professionals are.  The argument is that these outside services must be provided or students will regress.


Parents may want to research what services are available in their area for in person delivery and contact their school to attempt to get their child's services delivered by these outside providers.  If the school argues they are already delivering, that argument can be countered by asking if they are willing to deliver their services in person or not and pointing out the obvious difficulties and deficiencies present with online provision.  


There is a huge difference between in person and video services when it comes to speech and language, occupational therapy, and adaptive physical education.  I have had some clients give up doing video delivery altogether as they cannot get the student to attend and they also don't have the equipment or training to deliver the services to their kids.


Additionally, parents can ask to be reimbursed for their mileage to and from these services.  The mileage reimbursement must be listed in the IEP.


Other supports such as from an aide/paraprofessional, where a student may be accompanied by a trained assistant throughout their schoolday, may have vanished recently as well.


With aide services, if a student is entitled to specialized support, they should be

provided that support to the fullest extent possible.  The aide should attend their classes with them, at the very least, and perhaps assist them online for their whole school day (as they would have been at school had it been in session) and beyond, helping them with whatever they need.  If minutes of service are noted in the IEP, those minutes should be delivered.  There are other arguments that aides should help children directly, but those may be a bit more complex at this point.

We have to do something, and not just wait until this is all over to try to pick up the pieces.  If outside providers are available to deliver, this may be an option for families to receive some of their services during this difficult time.  


Research and an IEP meeting may be the first steps to take to move our kids forward, as the government does not seem they will solve this problem for us.


Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

 

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.

 

READ MORE - How To Get Speech, Occupational Therapy and Other Related Services Delivered To Our Kids During Coronavirus

Friday, July 10, 2020

Special Education After Coronavirus- Steps To Take To Try To Recoup Services And Regain Lost Skills


By Michelle Ball, California Education Attorney for Students since 1995

As the months of Coronavirus destruction of life as we know it roll on, it is clear that not only have lives  been destroyed, but also that the educational lives of our children have been crushed.  This is especially true for special needs kids, who have been shoved home and largely forgotten about as far as the level of support they may need to access and advance in their education.  With the fall approaching, and some schools reopening for physical classes, or a hybrid model of in-class instruction and online school, it is time to think about how to recover from the near-destruction of special education services this past time period.

Although no one has the answers on Coronavirus, what will happen, what may happen, and what parents may be entitled to in the future after a denial of their legally-mandated special education services, there are a few things that parents may want to do:

1)  Review their child's IEP (Individualized Education Program) and/or 504 Plan document and list out all the services the child should have been receiving and the dates those services stopped.

For example, if a student was to be receiving 30 minutes per week of speech and language services, this should be noted down.  Did they also lose out on a specialized classroom, or behavior instruction?  Put it all down.  Note when the service should have continued through (e.g. May 31, 2020) and when it actually stopped (e.g. March 15, 2020).

2)  List out all the services that were missed.  

On the speech and language example, if a student had no speech and language from March 15 through May 31, 2020, the student should have received approximately 11 sessions of speech and language, for a total of 5.5 hours of service. 

3) Figure out what services were actually provided, albeit via distance learning.

4) List out all the goals that the student was working on for all areas and see if there are any updates on their progress on the goals from service providers or the school.  Some schools provide zero quarterly updates, and some provide periodic updates listing the status of the goals.  Parents need to know what the goals in place are and where the student is on accomplishing their goals, if possible.  It may be tough to really determine where a student is on a goal, however, if they have not been in school.  Parents can only do their best.

5)  Gather all the work the student did, as well as all email or other communication between the family and school or providers about the child during the Coronavirus exclusion, and get them into date order so it can be clearly seen what was represented would be provided, or not provided, and what was actually provided.

6)  Pull up the child's report card and lists of assignments for each class, showing points awarded and points possible during the last semester and see what the student was assigned, what they actually turned in and the points they received.  Do the points they received evidence the student was at the level they are supposed to be?  Often lists of points tell a story about the student, their weak and strong areas, and their trouble spots.

These actions should give parents a good understanding of what was supposed to be provided, what was actually provided, and where the student may be as far as learning and goals.  

There is a question on special education and what parents and students will be entitled to when they return to school or if schools will just get out of their obligations due to Coronavirus.  It is uncertain, but needs to be approached by parents if they want to have a chance to recoup.  Things will go faster for parents if schools will physically reopen versus remaining on virtual learning, simply due to the mechanics of services being delivered.  

Parents should attempt to determine what may be needed to bring the student up to where they would have been had school been in session.  Services to accomplish this goal should then be sought.  This is hard to quantify, but parents may want to bring the literal hours missed to the school first (e.g. they missed 5.5 hours of speech) as a starting point.  However, school districts don't necessarily have to provide hour for hour make-up time.  

Ultimately, what may be required if the schools don't get out of this obligation due to a health emergency, are services to bring the student up to where they would have been had this debacle not occured.  This is hard to evaluate and it is possible outside experts may have to be brought in to determine this (e.g. a licensed speech and language therapist).  Services provided to make up loss may be in a smaller or larger amount than what should have been provided had schools remained open.  Services are really based on what the student needs to be brought whole again.  These services are sometimes called "compensatory" services, as they compensate a family for lost education.

In its "Fact Sheet:Addressing the Risk of COVID-19 in SchoolsWhile Protecting the Civil Rights of Students" released March 16, 2020, the United States Department of Education wrote in discussing the special ed issues from Coronavirus: 

The Department understands that there may be exceptional circumstances that could affect how a particular service is provided. If a student does not receive services after an extended period of time, the student’s IEP Team, or appropriate personnel under Section 504, must make an individualized determination whether and to what extent compensatory services are needed consistent with the respective applicable requirements, including to make up for any skills that may have been lost.  
[emphasis added]

This appears to confirm an affirmative obligation of schools to act to provide compensatory services to students who lost skills during this time.  Offering compensatory services has started happening outside California, for example in Louisiana where the state is taking a proactive approach.  I am not sure that California schools will take on this issue or offer compensatory services without being asked by parents first. 

How hard the districts fight or if they are able to wiggle out of compensatory services is yet to be seen.

Regardless, parents need to start looking at this and take action if they want to help their children regain any skills lost during the Coronavirus school shutdown.  

Best,

Michelle Ball
Education Law Attorney 

LAW OFFICE OF MICHELLE BALL 
717 K Street, Suite 228 
Sacramento, CA 95814 
Phone: 916-444-9064 
Email:help@edlaw4students.com 
Fax: 916-444-1209

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

READ MORE - Special Education After Coronavirus- Steps To Take To Try To Recoup Services And Regain Lost Skills

Tuesday, February 4, 2020

What is an SST aka Student Study Team and What Do They Do?

By Michelle Ball, California Education Attorney for Students since 1995

Schools seem to chug along unattended- Johnny goes to school and comes home and does his homework and on and on like a spinning wheel.  Then one day, a school administrator calls and says Johnny has been referred for an "SST meeting."  They then give a quick explanation about a school "SST team" which will help Johnny while you, the parent, sit confused, thinking that Johnny is really going to get some help this time, and being thankful that you got this call.  But until you know what an SST meeting or team are, it is hard to know for sure how excited we should get.

So, I thought I would clear up what an SST is, the value of an SST (or lack of value), and what the results should be of an SST.

Okay- I have heard the abbreviation SST interpreted different ways over the years, but here are the most common "definitions" of this term:

-  Student Study Team or their SST Plan or their SST meeting
-  Student Success Team or their SST Plan or their SST meeting
-  Student Support Team or their SST Plan or their SST meeting
-  Supercalifragilisticexpialidocious.... wait no that's not it. 

This SST team is made up of unspecified school staff, such as teachers, administrators, and others working in that system, who may (but don't have to) decide to get together at an SST meeting when a general education student is having struggles in school with his/her studies, behavior, or otherwise.  This is a general education "tool" to try to assist a student, and implement some strategies to avert the student's apparent decline in school.

An SST Plan (just called an "SST") may list areas of difficulty, what the parent will do to help remedy this and minor things the school will do, with responsibility assigned generally to e.g. the "teacher."  

This is great for kids that are not in special education or on a 504 (disability accommodations) plan or who don't want to be.  However, the bad thing about SST plans is that they are not enforceable similar to a 504 or IEP (Individualized Education Program- special education plan).  An SST is nothing if no one decides to do the steps outlined.  So it is important that the staff drafting the SST are honorable and actually implement it.  In other words, parents cannot go in later and say- "You were supposed to do x, y and z for Johnny per the SST!" and file some claim against the school for a remedy. 

SST plans are good when the staff and school are behind them.  In that case, if a student needs some additional general education support, they can help students.  For example, if the plan decides Johnny needs to be checked on more frequently than others, and the teacher does this based on the SST, Johnny could benefit greatly.

I have often seen SSTs touted as things parents have to endure prior to moving to a 504 or IEP assessment, which is not legal.  An SST cannot be mandated to occur BEFORE a 504 or IEP assessment proceeds at parent request.

SSTs also have no legal timelines, unless a timeline is outlined in school or district policy.  In fact, any mandates for SSTs would only be found if a school district bound itself and its schools: for example, if a school board votes to implement a policy that all SST meetings will be held X number of days after parent request, that could potentially obligate them.  However, in that case, the district would have to BIND ITSELF to do this. 

SSTs are basically plans that are great if you have good staff that will actually follow through.  Some schools do, so they are worth a shot.  Parents, however, may have to help the school follow through to implement the SST to help little Johnny.

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

 

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.


READ MORE - What is an SST aka Student Study Team and What Do They Do?

Tuesday, July 10, 2018

The Importance Of The Chronic Illness Form When Your Child Is Sick

By Michelle Ball, California Education Attorney for Students since 1995

Life may seem rosy for most California public school kids as they can attend school and are there for most of the material, homework, tests and other school activities.  However, if you find your child is missing a lot of school due to a long term illness and attendance is becoming an issue, completion of a "Chronic Illness Verification  Form" may help protect your child, as well as you, from truancy and other issues.

Truancy laws in California can be very heavy handed and allow punishment for a student with 3 unexcused absences and/or who misses more than 30 minutes in a day without valid excuse (Ed §48260).  Although most schools allow students to miss 3 days without a doctor's note, and only parent verification of illness, the fourth day means a mandated visit to a doctor just to get a note.  If the parent does not get this note for that day and days following, the student may be stuck with an unexcused absence.  Three of these unexcused sick days (days beyond what the school allows a parent to excuse) without a doctor's note may may mean the student is labelled a "truant."  

What happens if the child has an illness which keeps them out for a week at a time, and a doctor visit won't alter this (as it is a chronic condition such as cancer, heart condition, debilitating stomach or pain issues, etc.)?  The parent is still forced to drag their child to a waiting room to see a medical person, and must incur a bill for the office visit just to confirm the child is ill and receives an excused absence.  This is even the case  if the parent already knows their child is sick from illness, but must just stay out a fourth, fifth, etc. day of school in a row prior to being able to return to school.

Schools may not tell parents, but when a student has issues where they physically cannot attend school frequently, which are medically documented, the parent has options other than dragging their child to the doctor on the fourth day of any absence.  These options are not always communicated to families by schools.  

One great option for parents is to have their doctor complete a "Chronic Illness Verification Form,"  (link to form which opens a Word document). This form gives the parent the ability to excuse their child beyond the 3 days the schools normally allow.  The preface in the form states:

"The Chronic Illness Form allows parents to excuse absences due to a specific medical condition with the same authority as a medical professional." 

It may be best to ask for the school's form as a first step, but a parent does not have to wait to get this form from their school.  Rather, parents can take this form directly to their child's doctor.   

Once this form is completed by the medical professional, it is returned to the school, which may verify the form came from the physician.  Thereafter, the parent may excuse their child for medical reasons for an extended time period without having to go to the doctor.  Work missed should be able to be made up and truancy issues will hopefully not be pursued (fingers crossed as some districts try to pursue truancy for "excessive excused" absences).

Other options for help with this type of situation are Home Hospital Instruction (HHI), as well as setting up a Section 504 Plan, or even an IEP (Individualized Education Program).  However, while those may be pending or even not pursued by the parent, this form can help a parent deal with a student who just cannot go to school due to their illness.  It allows an already stressed parent to breathe a large sigh of relief that even though their child is very ill, at least a doctor's visit is not needed every fourth day to avoid truancy at school.    

Best,

Michelle Ball
Education Law Attorney 

LAW OFFICE OF MICHELLE BALL 
717 K Street, Suite 228 
Sacramento, CA 95814 
Phone: 916-444-9064 
Email:help@edlaw4students.com 
Fax: 916-444-1209
[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.
READ MORE - The Importance Of The Chronic Illness Form When Your Child Is Sick

Tuesday, November 17, 2015

Special Education Basics: "We Don't Have Those Here" Is Not A Legal Reason To Deny Special Education Services

By Michelle Ball, California Education Attorney for Students since 1995

So many times I have met with parents who are beside themselves, unable to obtain services for their child based on a school "not having" services available at their site or in their school district.  Parents are often unaware that denial of special education services based on unavailability or lack of providers is not legal.

Special education is based on the "unique needs" of each special education child and meeting those needs with educational services tailored to that specific student. Parents, being unaware of their rights and/or believing that a school IEP (Individualized Education Program) team is acting in the best interests of their child, mistakenly believe statements such as "We don't have any speech services in the school district;" or "There are no occupational therapists available here;" or "Those services are not provided in this school/district," to support a lack of service provision.  Agreeing with these misstatements means the child does not get the services he or she needs.

If a special education student is qualified (e.g. services in the child's IEP) for educational or related services, such as speech and language therapy, behavioral therapy, occupational therapy, one-on-one instruction, vision therapy, aide services, transportation and a myriad of other services, provision of such services CANNOT BE DENIED based on unavailability of service providers.  If a school or district does not have a qualified provider available and/or in that district, they are obligated to pay for services outside the district and to pay for transportation costs to and from those services.  For example, if there is no occupational therapist (OT) available to provide the 2 hours a week a student is entitled to, the district must pay a private OT provider to deliver services.

Why do parents believe IEP teams when they say they don't have to deliver services as they don't have the personnel?  My theory is that parents are often too busy to know their rights and rely on the school to do their job.  IEP team meetings are often very friendly, almost like social events, and parents tend to trust the school representatives as "authorities" and "having more experience" than the parents.  However, trusting the team to act on the student's behalf and do what is needed to help the student advance adequately year-to-year can be a mistake. Parents' first lesson is that they need to educate themselves and not blindly listen to denials.  

Another related wrinkle here is that schools try use the lack of personnel to avoid assessment (and thus potential qualification) altogether.  However, if a school or district lacks personnel to assess, they must hire qualified outside help to assess for all areas of potential need.  

Don't be fooled.  If your child is entitled to services, they need to be delivered.

Best,
Michelle Ball
Education Law Attorney 

LAW OFFICE OF MICHELLE BALL 
717 K Street, Suite 228 
Sacramento, CA 95814 
Phone: 916-444-9064 
Email:help@edlaw4students.com 
Fax: 916-444-1209

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]
READ MORE - Special Education Basics: "We Don't Have Those Here" Is Not A Legal Reason To Deny Special Education Services

Thursday, August 20, 2015

Why Won't The School Implement My Child's IEP Or 504 Plan?

By Michelle Ball, California Education Attorney for Students since 1995

Time and time again, I meet with parents who are baffled why their child's IEP (Individualized Educational Program) or 504 Plan (accommodations plan) is not being implemented at school.  Sometimes parents do not notice for years that although their IEP or 504 has many items which are supposed to be done, not all of them ARE being done.  This can be a heartbreaking discovery as lack of implementation may waste years of valuable time for a child.

Special education (both IEPs and 504 Plans fall under special education), is awash with issues like this.  There are always questions of qualification and what to include in the IEP or 504.  But, once the 504 or IEP is finally complete, most parents mistakenly put their minds on other things, trusting the school to follow through.  Not so fast.  A parent's job is NEVER EVER done when their child is in school, special education or otherwise.  Rather, parents have to babysit the school and their implementation of any IEP or 504.

So many parents trust school personnel to act like the parent would in life- responsibly.  Yes, teachers and staff are generally responsible adults and carry out their duties; however, there are a large portion of them who do not always do ALL that is required of them.  In other words, some things get left behind: perhaps 504 accommodations or IEP implementation in the classroom?

Teachers may also lack knowledge, either because no one followed up with them after an IEP/504 meeting, or the plan got buried in their in-basket.  Sometimes there is an attitude of "That is not my job," or "I am too busy with my other kids to work on this."  IEPs or 504s can be poorly written as well, or so vague as to be almost meaningless.  Maybe they are too dense to be easily digested by teachers, who remain confused so do not act.  Schools themselves can also be disorganized and/or constantly putting out fires, thereby dropping the "small stuff."  Once in a while there are staff who flat refuse to honor IEPs and 504 Plans.  In all of the above, only the squeaky wheel gets attention.

Parents must remain on top of the situation to ensure their child does not get overlooked.  Email to teachers and staff weekly can help ensure that items in the IEP are being implemented and can also alert a parent to problems.  If staff refuse to email back or communicate with a parent, this must be addressed immediately. The obligation for the teachers to respond can be written into an IEP or 504.

Speaking with the child to see if services are being done is also important.  For example, is the student being pulled out for services?  Is someone working with them in class?  Is the student able to go to the resource room to take tests?  What should be being done at school depends on the IEP or 504 Plan.  

A classroom inspection to see how things really are at school can often be illuminating.  School visitor policies should be followed.

Ultimately, our trust in the schools and their competence should be earned.  And it has to be earned yearly, depending on the staff involved.  I have far too many times met with parents who trusted for years, only to find out their child never received a service and has deficient skills.  It is very difficult to get those years back in education-land.

You make sure items are being done and implemented.  You ensure your child is getting the services he/she is entitled to, and which are agreed to in his/her IEP or 504 Plan.  Take an active, albeit respectful, role in your child's education so your child can win the education race, and not be left in the dust.

Best,
Michelle Ball
Education Law Attorney 

LAW OFFICE OF MICHELLE BALL 717 K Street, Suite 228 
Sacramento, CA 95814 
Phone: 916-444-9064 
Email:help@edlaw4students.com 
Fax: 916-444-1209
[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]


Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.
READ MORE - Why Won't The School Implement My Child's IEP Or 504 Plan?

Tuesday, January 13, 2015

How To Consent To Some, But Not All, Of An IEP Document

By Michelle Ball, California Education Attorney for Students since 1995

With special education, the magic document is the Individualized Education Program document, simply called the "IEP."  [The IEP document is different from the IEP meeting, which is also often called the "IEP."]  This is a multi-page document which outlines many important items for the child, including his or her placement and services.  As such, this is a very key item!  Often parents and schools disagree on some services and agree on others, but the IEP is presented as an all or nothing document.  How do parents partially consent to an IEP?  

So many interesting things happen at IEP meetings to parents.  One of these is the far-too-common situation where the IEP coordinator tells the parents that they must sign the IEP that day, period.  The parents, despite disagreement with some services in the IEP, sign under duress, agreeing to things they don't want for their child.  Why should parents have to do this?  What is a parent to do?

First, as a general rule, the IEP document should never be signed at or right after the IEP meeting unless there is absolute certainty that the document is perfect through and through. As parents are not involved in writing the actual IEP document and don't see it until the meeting is over, how can they know the document's contents?  Often the IEP does not contain all items discussed and something important may be missing.  Regardless, once the document is signed, altering it can be difficult. Another IEP meeting may even have to be convened (in 30 days) before a school will add items, even items clearly discussed and agreed to at the meeting.

What should parents do instead of signing at the IEP?  Ask for a copy for review. They can then take it home and ensure the document is accurate.  They may also find errors and omissions, even whole misstatements which need to be addressed. Sometimes parents find that only the school staff statements are in the notes, but no parental comments.  Any significant omissions should be corrected, via the school special education coordinator, prior to signing.

It seems a simple matter to take the IEP home, but I have actually met parents whose schools refused them a copy to take home.  This is a big no-no and is completely inappropriate.  This is a strong arm tactic which breaches the parents' rights.  However, it happens.  Schools may also state that parents cannot have a copy until they sign, to try to get a signature.  Don't fall for it!  A copy should be provided to the parents with or without signature.  There is no harm in not signing the IEP for a few days, or even never signing it.  If the IEP remains unsigned, the old IEP stays in place.

When they bring the IEP home, parents should make a list of what they agree with and what they won't consent to.  They can turn this into an attachment (labelled as such ) to the IEP.  Then, when they review the signature page, parents may check the box near their signature which states something like: "I agree to this IEP except for ____________."  The blank space should include words referencing the attachment, such as "see attached."  

If parents provide a specific attachment with what they don't consent to, the school should not implement those items/changes.  

Parents should understand their rights, know how they will proceed, and plan how to handle any anticipated objections.  This preparation should ensure that parents don't have to consent to items they don't like simply to get the ones they do.

Best,
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com
[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]


Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.
READ MORE - How To Consent To Some, But Not All, Of An IEP Document