If IEPs were winding off-ramps on the road to education for special needs families, following them now in the time of Distance Learning requires an even better GPS and attention to new road signs.
  
Parents and IDEA: Power in the Law
Individuals with Disabilities Education Act (IDEA 1975) is the federal law that mandates special education services and rights for children with unique needs in the U.S. and their parents. IDEA calls for a Free and Appropriate Education (FAPE) in the Least Restrictive Environment (LRE). In California, we also follow the guidelines set out by the California Department of Education (CDE) and the California Education Code (CEC). The IEP is both a plan and a process to provide a child with resources to address their unique needs at school based on IDEA and the California Education Code.
 
What are your rights as parents of children with special needs?
Under IDEA and the California Education Code, parents have been provided a host of rights (i.e. Procedural Safeguards) including these:

• The right to receive Prior Written Notice (PWN) of services and changes to services;
• The right to consent or refuse consent to services;
• The right to request Compensatory Education (Comp Ed.) if they believe and can document that their child has experienced a significant loss of skills and learning (based on case law only: Supreme Court cases).

 
Distance Learning (DL), IEPs & Compensatory Education Services
During the 2020-21 school year, schools may offer a variety of education options including on-campus learning, Distance Learning (DL) only, or a hybrid of both learning options.
 
Did you know that parent’s right and FAPE currently remain intact during times of Distance Learning? Here are more important factors to consider regarding DL …

• Case law suggests that a child with an IEP may be provided with Compensatory Education services to cover any loss of services to bring a child back to the same position he or she would have been in had the services been provided (case law 2005).  This loss may be due to school negligence or not, such as services lost during DL.
• During DL, IEP teams should work together with parents to determine present levels of academic and functional performance (PLAFP).  If significant regression is evident or if the achievement gap has widened, then Comp Ed. services may be warranted.
• Basic Comp Ed. services include increased basic service hours, one-to-one instruction with the General Education teacher, etc.
• If IEP teams are unsuccessful in resolving Comp. Ed. concerns at the IEP table, parents may consider other methods of resolution (i.e., resolution meetings, filing a complaint, due process hearing, etc.).
• If awarded, more extensive Comp. Ed. services may include private tutoring, private special education services, etc.

 
Parent’s Documentation during Distance Learning (DL)
What should parents document?

• Delays in IEP meetings
• Amount of time provided by related service providers (weekly or biweekly)
• Implementation of accommodations (how implemented, timeline, etc.)
• Student progress toward goals as seen at home

 
How should parents document?

• Take screenshots of student work uploaded online (ex: Seesaw, etc.).
• Videotape student's attention to task and/or off-task behaviors
• Videotape student reading aloud each month
• Keep written log of phone/email contact with IEP team, etc.

 
Parent Tips for Distance Learning

• Request training on how to implement goals and accommodations at home (i.e., during teacher office hours, etc.).
• Request pencil/paper tasks for students who have challenges engaging via online learning (ex: Zoom meetings, etc.)
• Present information using your child’s learning style (kinesthetic, auditory, visual, combination). Ask for examples, tools, and resources showing how to present content in your child’s learning style.

 
Final Thoughts…
If your child is engaging in any level of distance learning:  document, document, document! Also, remember to focus on maintaining and/or working toward grade level skills in reading and math. For many students, Distance Learning is not the time to  attempt to move kids beyond grade level. Just focus on the basics. Resources to assist include:

• Lexia Core5 (lexiaforhome.com), PK-5th grade, reading/math
• Lexia Powerup (for non-proficient readers grades 6+)
• Khan Academy (free, khanacademy.org)
• Read Theory (free, readtheory.org), reading comprehension

• NonVerbal Autism Tutor program (theautismoasis.com), ages 7-13

 
Lastly parents, be cautious in refusing your school’s offer of instruction, no matter how poor. This may hinder your ability to consider and be found eligible for Comp Education services in the future. Feel free to contact us with any questions. We are here to help fellow special families!

Thank you to Betsy Hamblin of San Diego, CA who often serves as the  writing consultant at Sanford Autism Consulting.

If your child has an IEP, you are probably familiar with the anxiety that often accompanies IEP assessments. My experience as an Educational Consultant, Autism Coach and Autism Parent gives me a window into the IEP process that helps you see it clearly. Your anxiety will be quelled when you know what I know...

What is an IEP anyway?  
The initials stand for Individualized Education Program, both a document and a process for educating students with disabilities.  The process is described and governed by our nation’s special education law PL 94-142 (1975), renamed in the 1990’s as IDEA (Individuals with Disabilities Education Act). The primary purpose of IDEA is to ensure that all students with disabilities have available to them a free and appropriate education designed to meet their unique needs.

Why are children assessed for special education?
The IDEA includes the Child Find Mandate, requiring all school districts to identify, locate, and evaluate all children with disabilities, regardless of the severity.  Students with suspected disabilities should be assessed in all areas to determine eligibility for services and to determine their educational needs.

​The Initial Assessment
Sometimes, a school identifies that a child may need a special education assessment. However, as a parent, you can also make a request for assessment in writing. Both initiate the  Initial Assessment process for special education.

If a parent requests an assessment and the school believes that an assessment is not in order, they can respond with a letter stating such (Prior Written Notice). However, the school typically responds to the written request with an assessment plan.  The clock starts ticking because the parent has 15 calendar days to respond to the school’s plan.

Once the parent submits the signed assessment plan and it is received by the school, the school is required to complete this initial assessment within 60 days and hold a meeting to review test results.  Based on the meeting and assessment findings that identify the student’s special education needs, parental consent is then required to initiate appropriate special education services. 

What happens during the assessment? 
A student is assessed by a wide variety of tools that measure several aspects of the student’s learning:  Psycho-educational; Academic; Health; Speech-Language; Occupational Therapy; Adapted Physical Education; Functional Behavior Assessment; Supplemental Support Assessment, etc. The assessments are performed by individuals who are competent to execute them:  School Psychologist, Speech-Language Pathologist, Special Education Teacher, School Nurse, and other such professionals. The assessments are provided in a student’s primary language.  In addition, they are recognized as unbiased assessment tools yielding results that have been found to be reliable and valid over time and across varied school environments. 

What makes a child eligible for Special Education?
After the assessment data has been reviewed, the IEP team also reviews the student’s present levels of performance (PLOP) in all areas (reading, writing, math, communication, motor skills, social-emotional, etc.). Next, the team determines appropriate goals to address the particular unique needs of the child. Lastly, the IEP team identifies the specific category where the student meets eligibility. 

There are currently thirteen Special Education eligibility categories listed under IDEA, including these: Autism; Specific Learning Disability; Other Health Impaired; Hearing Impairment; Visual Impairment, Intellectual disability, and Speech-Language Impairment.  Remember, an eligibility category does not serve as a medical diagnosis. However, it does assist in describing a student’s current unique challenges so that they can receive the appropriate supports at school. 

Triennial Evaluation
To ensure a continuation of appropriate special education services, a thorough Triennial Evaluation is conducted regularly, as described in IDEA.  It requires that students be re-evaluated in all areas of suspected disability at least every three years (i.e., triennial review) to determine eligibility and students’ educational needs.

The process for this Triennial Assessment is similar to the Initial Assessment: 

• The school sends home an assessment plan.  
• The parent submits the signed assessment plan back to the school to begin the process of assessment.  
• The School has 60 days to complete the assessment process and then hold a meeting to review the results.
• Finally, after reviewing and discussing the IEP, the parent must consent to a continuation of special education services.  

Parent Tips
Upon being notified of your upcoming IEP meeting for the Initial or Triennial Assessment, parents can request copies of all assessment reports and the DRAFT IEP one week prior to the IEP meeting.  Assessments can be complex to read, so request support from experienced friends and professionals as you review results, making notes and documenting your questions. 

What should parents look for in a quality Assessment report?

1. Background information summarizing prior educational services and student history
2. School and health history
3. List of assessment tools and descriptions used in the process
4. Observations of the student in various settings
5. Parent, teacher, and student interviews
6. Test results (formal and informal)
7. Impressions and recommendations 

Key Points to Remember about IEP meetings:

1. A thorough, quality assessment helps to create an effective IEP meeting and document.
2. If you are dissatisfied with the school’s assessment, you may request and IEE (Independent Educational Evaluation) at the district’s expense.

Parents, you are your child’s best advocate!  Trust your gut as you participate in your meetings and discussions and take time to review the results. Most importantly, remember that every child can learn in his or her unique way. I hope that this information has helped minimize anxiety as you approach the IEP assessment process for your child.  Remember to enlist support along the way from professionals and knowledgeable friends as you advocate for your child.

References:
Thank you to our writing consultant, Betsy Hamblin!
Additional resources: Parents Rights in CA; Wrightslaw book

When you hear the word IEP, what do you think? A bunch of fancy words that you don't understand? Another opportunity to hear about how well your child is not doing at school? Do not fear fellow special needs families. There is HOPE!

When I hear the word IEP (Individual Education Program), I think "Here is a great opportunity to develop and monitor a plan specifically for my child's success!" Now where, you may ask, does my optimism come from? Well, after twenty years of working in special education in the public school system and five years of attending IEP meetings for my own child, I have learned a few things. Let me share a few tips with you...

1. Start with the end in mind. 
Remember that the ultimate purpose of your child's IEP is to prepare them for "further education, employment, and independent living”. Even as early as preschool, we need to keep this in mind as we develop goals and plan for the future. 

2. Document, document, document.
As quoted by one of the leading authorities on special education law and advocacy, "if it isn't written down, it didn't happen" (Pete Wright, wrightslaw.com). Documenting your conversations and concerns is the best way to keep IEP teams accountable. In addition, this will help you to streamline your efforts in monitoring progress and may save your sanity. For example, when you pick up your child from school and chat briefly with your child's teacher about a problem behavior that arose that day, you may want to follow up with a quick email to recap the conversation. If the behavior becomes a recurring issue, you'll have documentation to review to help you help your team in developing smart solutions. 

3. Don't go it alone!
If at all possible, always attend an IEP meeting with someone. The law allows you to invite individuals who have knowledge or special expertise about your child. As the parent, you get to decide who meets this criteria. You may invite one of your child's private therapists, your Regional Center case worker, or your parent as an example. Having another set of eyes and ears present at an IEP meeting relieves you of pressure and allows you the freedom to listen and absorb the  information.

So, the next time you hear the term IEP, don't be afraid. Remember that an IEP is an excellent opportunity for you to make a positive impact on your child's academic progress. Document everything as much as possible and enlist your support network for assistance. 

References: https://sites.ed.gov/idea, wrightslaw.com, understood.org