How To File An Office For Civil Rights Complaint Which Will Actually Get Investigated

 By Michelle Ball, California Education Attorney for Students since 1995

If a student has faced discrimination in their school or college, they or their parent may want to file a complaint with the United States Department of Education, Office for Civil Rights (OCR) to get their school investigated and corrected.  Simple.

Not so fast.  

Its simple to file, but not always simple to get a filing accepted by OCR, such that they actually investigate the school or college.  OCR does not take every complaint that floats their way.  Instead, initial submissions, to be accepted, must clearly lay out a true case of discrimination or retaliation.  Otherwise, an OCR filing may be rejected and the school issues unresolved.

When preparing to file an OCR discrimination claim, parents and students need to think like lawyers.  What does this mean?  Well, what do lawyers gather to prove their cases?  Statements or summaries from witnesses, documents proving the facts of what occurred, reports, and/or anything that legitimately shows clear evidence of wrongdoing.

A very good timeline and description of the facts, without a lot of emotion or guessing, is important for OCR to understand what the parent or student believes is occurring.  This summary should describe what happened, who is believed to have done what, and specifics, such as the time, date, location, and people alleged to have been involved.  This summary can be attached to or inserted into the initial OCR complaint form.

A parent or student also needs to attach all evidence they gathered proving what occurred.  Do they have email from a teacher showing discrimination is going on, or a picture that was legally taken, or a report card that shows the issues?  Do they have letters to the school, texts with details, or even letters or statements from witnesses?  If so, these should be forwarded with the initial complaint if possible.

An example of a poor statement could be:

"My son was discriminated against by X school on the playground."  [not so good]

versus

"On February 1, 2021, my son was with a group of boys at X school during lunch, who all stole money together and none of them have past discipline incidents.  My son has ADHD and is in special education and the other four boys are not.  My son is the only boy who was suspended and the Principal called  him a "waste of special education money" when he suspended him, which was witnessed by the school secretary Madge who emailed me (see attached email, suspension form, and my son's summary of what happened written immediately afterwards).  Last month the lady in the lunch room told my son she hated special ed kids and put him at the end of the lunch line"  [much better]

It is clear when reviewing the two versions of the same situation, that one is more convincing than the other, as it has specific facts and documents backing the claims attached.  This is the way to approach an OCR filing to try to get them to pick it up and investigate the discriminating school or college.

So get gathering the facts and proof and get filing.  Schools don't want to hear from OCR, as OCR can make their lives difficult and can even cut funding.  If enough students and parents filed discrimination claims, schools and colleges would change for the better and all students would face a more tolerant environment in the future.

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 - How To File An Office For Civil Rights Complaint Which Will Actually Get Investigated

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

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

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.

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

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

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[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

Appealing A Bad OCR Decision On Alleged School Discrimination

By Michelle Ball, California Education Attorney for Students since 1995

Have you filed a complaint alleging discrimination or improper retaliation with the United States Department of Education (USDOE) and their Office for Civil Rights (OCR) and received a negative ruling?  Did they say the clear wrongful acts (to you) were not really bad or not really discriminatory?  If so, you may have an appeal right if you act fast.

Per the USDOE website, within 60 days of the date of the letter issued by OCR, an appeal must be filed with the "Director of the Enforcement Office (Office Director)."  

The bases for appeal listed are:

AT LEAST ONE OF THE FOLLOWING

1)  Factual information was incomplete, and/or

2)  Factual analysis was not correct, and/or

3)  Wrong legal standard was applied 

AND

a)  The outcome would be changed due to #1-3 above.

The appeal must be filed timely, and if it isn't, the parent/student/claimant, must show a good reason the appeal was filed late, which is defined as:

"1.  the complainant was unable to submit the appeal within the 60-day timeframe because of illness or other incapacitating circumstances and the appeal was filed within 30 days after the period of illness or incapacitation ended; or
2  unique circumstances generated by agency action have adversely affected the complainant." (per USDOE/OCR)

The decision will be forwarded to the parent/student/claimant in writing after review.

So, if you are piping mad about an OCR ruling against you or your child, appeal of that decision may be an option, but must be pursued timely and with adequate proof.

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: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[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 - Appealing A Bad OCR Decision On Alleged School Discrimination

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

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[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?

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

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[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

Special Education: What To Consider When Deciding Whether To Take The Plunge

By Michelle Ball, California Education Attorney for Students since 1995

When parents are faced with issues at school involving their child's education, such as a lack of school progress or repeated behavioral problems in the classroom, the school may suggest a special education evaluation.  Is this something that should be pursued?  What are the good and bad things to consider in deciding if you should allow your child to be evaluated for special education?

With anything in life, there are costs (and benefits).  There are costs for taking a day off, costs for driving one way versus another, and costs for all decisions we make, big or small.  Our decisions add up over time, and choosing to pursue special education for a child is a big decision with many ramifications that may affect that child long into adulthood.  

It would be difficult to list all costs and benefits of special education in a single document, but here are just some to consider when deciding whether to open the door:

Costs of Special Education?

-  Students must be labelled with a qualifying handicapping condition to receive services.  Some people just don't want their kid to be labelled with an attention or learning disorder, behavioral condition, or otherwise.

-  Students must submit to various assessments to qualify, including from a school psychologist.

-  Students may be placed in separate classrooms for all or part of their day.

-  Special education does not necessarily bring a child up to and/or keep a child at grade level, so eventual return to a regular class may be very difficult depending on the placement (e.g. outside or inside the general education classroom).

- Skills other than academics may be the focus in certain special education classrooms.

-  Receipt of a high school diploma may not be possible depending on the level at which the student advances and whether they can meet graduation requirements.

-  Labelling kids with "disabilities" may lead to psychotropic drugs being prescribed to them by professionals (e.g. attention medication, anxiety medication, etc.) and/or suggested by school staff.  The choice to medicate for school issues is a BIG decision with long-lasting impacts/side effects.

-  Special education labels may not go away.  A "Learning Disability" label, for example, may stick to that child for life.

-  Students may be placed away from their local/home school, at the site where the special education services are located.

-  Stigma of being in "special education."

-  Risk of putting kids in special education who don't actually need it, but for whom the traditional public school just may be a bad fit and/or who just had cruddy teaching leading to a large deficit.  This is a real possibility and parents may consider other roads than special education, such as home school, intensive tutoring, or otherwise.  I have seen students targeted for special education intensively educated and brought to grade level outside of special education, albeit at the parents' cost.

-  Less lecture-type instruction, such as in a typical group classroom.
-  Students with many different issues and/or functioning levels may be lumped into one classroom and may actually receive less instruction due to the structure of the class.
-  Special education may not be all it is cracked up to be in the end; like public education as a whole, there are issues.

-  A "team" takes over as far as placement, services and what your child will do.  Parents still have a say, but it often becomes a war against the team if the parent disagrees.
-  Getting out of special education can be difficult and may even get a parent forced into a hearing.

Benefits of Special Education?

-  Students may receive a more individualized educational experience and education can be adjusted to the student's level of ability (but watch out for dummying-down of work).

-  Some students may not be able to learn in any other environment and can advance better in a structured and/or special education setting.

-  Special education opens the door to the school district funding many supports, such as one-on-one aides, one-on-one instruction, related services (speech, occupational therapy, behavior support, adaptive physical education, etc.), and even a non-public school placement, depending on the situation.

-  Services may be provided through the age of 21 (there are some qualifications to this, e.g. graduation ends special education rights).

-  Many accommodations may be made in the classroom to help students succeed.

-  College accommodations should be easier to obtain if there is a special education past.

-  Testing accommodations may be made with a special education student, giving them e.g. longer time on standardized tests.

-  Transportation may be provided to any school where a student may be placed.
-  Extra services/specialized classrooms, etc. are free for the parent.
-  Smaller class size opportunities.

There are many more costs and benefits, and each family has to decide for themselves.  Sometimes the decision is obvious and unavoidable (e.g. severely handicapped student).  Other times, parents may be on the fence.  If they pursue special education, what type of special education do they fight for?  Will this harm their child more than help them?  If they pursue special education, will they push for a mainstream environment with supports or a structured classroom?  It is a tough burden to carry.  

To special educate or not special educate is not a small decision and parents should not take the evaluation and labelling of their children lightly.  It may be a lifelong decision which has positive or potentially terrible impacts to the child involved.

Best,
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

Michelle Ball

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[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 - Special Education: What To Consider When Deciding Whether To Take The Plunge

Does The School HAVE To Follow My Child's 504 Plan?

By Michelle Ball, California Education Attorney for Students since 1995

I get frequent calls from parents with children on 504 Plans (disability accommodations plans) which seem symbolic due to lack of implementation at school.  Failing to follow the 504 Plan is completely and totally improper and schools can get in big trouble for ignoring 504s.

Some issues I see with 504 Plans are:

1)  Poorly written (e.g. not adequate number or specific enough accommodations), or
2)  Lack of enforcement, or
3)  No 504 Plan.

Presuming there IS a 504 in place with some form of accommodations included, parents should not be faced with the issue of compliance with the 504 by school personnel.  It should be written and done, right?  Unfortunately, 504 implementation issues are common.  For example, the 504 states that the student is to be seated in the front of the classroom, and the teacher refuses.  Or, the student is to be given classroom notes, but these never arrive.  Maybe the teachers treat the student like they are not disabled and refuse to do anything written in the 504.

A 504 is a legally binding document which sets forth items the school or district must provide and implement, period.  If they do not, their conduct could be found to be discriminatory.

If 504 issues exist, parents can bring in an attorney to straighten things out.  If attorney communication with the school district does not work, the parent and/or attorney can file a complaint with the U.S. Department of Education's Office for Civil Rights.  Implementation of a well written 504 Plan can change a student's life at school, and can mean the difference between graduating and failing, good grades and bad.

It is very important that parents understand the importance of a 504 and know that they have the right to have the items in the 504 actually DONE at school regardless of balking teachers.  Don't let your school fail your child by ignoring this important document.

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

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[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 - Does The School HAVE To Follow My Child's 504 Plan?

Five Steps To Take To Get Disability Accommodations In College

By Michelle Ball, California Education Attorney for Students since 1995

Once a student transitions from high school to college, their world changes.  If they were a special education student with an IEP (Individualized Education Program) in their high school, they will not be anymore.  They may try to muddle through college without supports, and eventually may fail or drop out if they do not obtain some form of reasonable accommodations for their disabilities in college. But, what steps do students need to take to obtain disability accommodations at their college?

STEP ONE:  The first thing which a student who suffers from a disabling condition must do is NOTIFY the college they have a disability, preferably in writing.  In the college catalog or handbook, there is likely listed a disabled student services or other office to contact, which is in charge of setting up reasonable accommodations for disabled students.  So, step number one is to contact that office to start the process.  If possible, this should be done even before starting classes, to ensure accommodations are in place when the student enters their first class.  However, even if classes have started, the student may still request accommodations for their disabilities.

STEP TWO:  Next, the college student must complete and return the forms which will likely be provided by the college disability office, and provide EVIDENCE (medical documentation) that the student suffers from a disability that impacts a "major life activity."

STEP THREE:  The student then needs to ensure that either they or the office they are working with, provides the information to each of the student's professors.  Professors can sometimes be resistant to student disability plans, so if the student finds the plan is not being implemented or they are being treated differently, they need to go back to the disability office to seek help with enforcement.

STEP FOUR:  Tweaking the plan in place periodically will be important as needs can change depending on the class or setting.  Students with disabilities are not entitled to as much as they may have been in high school, but reasonable accommodations cover a vast array of supports, such as extended time on tests, note takers, testing in a separate location, technological supports, and many other useful items.  Not all students are entitled to the same thing and what will be provided will depend on the individual student's needs.

STEP FIVE:  If the disabled student cannot get reasonable accommodations, for example their professors will not implement them, and/or the college is refusing to provide them what they need, the student can attempt to resolve the matter internally via the college's own discrimination complaint process.  If the student does not want to file internally or their internal complaint is not successful, the student may also want to review potentially filing a discrimination complaint outside the college.  For public colleges, complaints may be filed with the United States of Education, Department of Education, Office for Civil Rights. For private colleges, students would want to review filing with the United States Department of Justice.  Time limits are in place for all filings so the student should submit complaints as soon as possible and should make themselves aware of all filing deadlines.

If you know a student in college who is having difficulties connected to their disabilities, please pass this on to them as lack and/or provision of reasonable accommodations can make the difference between the student completing or failing college.  With no college, their career choices may be more limited and their whole life may be altered for the worse for simple lack of reasonable accommodations in college.

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

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[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 - Five Steps To Take To Get Disability Accommodations In College