Tag: IEP

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Using a Recent Federal Court Case at Your Next IEP Meeting

Last week 15-year-old Luka won a years long fight for inclusion in his Tennessee public school. The Sixth Circuit Court of Appeals ruled that Luka’s right to a Free and Appropriate Education in the Least Restrictive Environment was violated when Hamilton County School District attempted to segregate Luka in a separate school for part of his school day. Luka’s family eventually decided to place him in a Montessori School, and the federal court also ruled the district must pay the family for the private school tuition.

Read Related Post: Teen with Down Syndrome Wins Inclusion Case in Federal Court

The decision is a watershed moment for students with Down syndrome in particular seeking to have an inclusive educational experience. Luka’s mother, Deborah Duncan, now wants other families to use the court decision to fight for inclusion at their child’s next IEP meeting.

Below are tips from Deborah Duncan on how to use the case at your next IEP meeting:

“L.H. v HCDE reaffirms the Individuals with Disabilities Education Act’s (IDEA) strong preference for mainstreaming: “To the maximum extent appropriate, children with disabilities, . . . [must be] educated with children who are not disabled,” and separated “only when the nature or severity of the disability . . . is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.” § 1412(a)(5)(A). The ruling of the U.S. Sixth Circuit Court of Appeals is the “law of the land” in Tennessee, Kentucky, Ohio and Michigan and is “persuasive authority” to the other circuit courts covering all other states.

Here are the important points affirmed in this case that can apply in any IEP discussion:

  • Parental participation in the process of developing the student’s IEP “must be more than a mere form; it must be meaningful.” Parents’ views of the appropriate educational supports and services must be reflected in the IEP.
  • A free appropriate public education (FAPE) has two requirements that are relevant here: the school must prepare an “individualized education program” (IEP) for the disabled student, § 1414(d)(1)(A); and that IEP must provide the FAPE so as to educate the disabled student in the “least restrictive environment” (LRE) possible, § 1412(a)(1), (5).
  • Students with disabilities are not required to “keep up” (work at the same pace or on the same materials) with non-disabled peers in order to remain in the regular education classroom. 

“The three-judge panel of the Sixth Circuit affirmed: “What the IDEA implies, the case law makes explicit: a child need not master the general-education curriculum for mainstreaming to remain a viable option. Rather, the appropriate yardstick is whether the child, with appropriate supplemental aids and services, can make progress toward the [] IEP[’s] goals in the regular education setting.”

“. . . a placement which m[ight] be considered better for academic reasons m[ight] not be appropriate because of the failure to provide for mainstreaming.”

  • “Special education” is supplemental supports and services that allow students with disabilities to access the general education curriculum. “Special education” is not simply an alternative to the general education curriculum. The use of a peer-reviewed curriculum and instructional approaches is required by the IDEA.

“The new curriculum [used in the segregated setting] was different qualitatively as well as quantitatively . . . The Unique Learning System (ULS) program follows Common CORE standards but it is not peer-reviewed, as the IDEA requires. .  .”

  • “Special education” is not a separate location, and schools that require students to attend a separate location to receive special education services may be violating the IDEA.

“The LRE is a non-academic restriction or control on the IEP . . . that facilitates the IDEA’s strong “preference for ‘mainstreaming’ handicapped children,” Rowley, 458 U.S. at 181 n.4. “To the maximum extent appropriate, children with disabilities, . . . [must be] educated with children who are not disabled,” and separated “only when the nature or severity of the disability . . . is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.” § 1412(a)(5)(A).”

  • The segregated Comprehensive Development Classroom (CDC) special education setting was found to be specifically “non-mainstreaming” (“intentional segregation”), lacked a curriculum that was peer-reviewed, “set very low educational expectations,” was not tied to any state standards, “provided no report cards or homework, and it had certain teachers in uncertified roles.”
  • Parents “surely know the student the best, regardless of any expertise.”

“If the law were that a court must defer to the opinions of [the teachers and staff] who spend the most time with the student and presumably know him best, then there would be no place for experts. Moreover, parents could never prevail because the student’s teachers will always spend more time with the student or know the student better than the parents’ hired experts. On the other hand, the parents spend more time with the student and know the student better than any teacher. Taking HCDE’s argument to this ultimate end, the district court would actually defer to the student’s parents, who surely know the student the best, regardless of any expertise.”

Read Related Post: Endrew F. In Action

If you find yourself in an IEP meeting with school system administrators who are unfamiliar with the requirements of the IDEA and its supporting case law, it may be best to suspend your IEP meeting and request a meeting with the director of special/exceptional education for your school district along with your child’s school principal to discuss your common understanding of the requirements of the IDEA. If you find that they have a different interpretation of the law, you may refer them to the state department of education to confirm its understanding. If you still cannot secure a common understanding, contact a local special education advocacy center or a special education attorney. (See the Council of Parent Advocates and Attorneys (COPAA) website.) Having a common understanding of the basic rights and responsibilities of all parties in the IEP process will result in a smooth IEP process and a successful educational program for your child.”

Read the full decision from the Sixth Circuit here.

Have you or someone you know had to fight a similar battle for inclusion? Are you frustrated that we’re still fighting this fight more than 30 years after the Individuals with Disabilities Education Act (IDEA) was passed? Tell me about it below.

 

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Teen with Down Syndrome Wins Inclusion Case in Federal Court

Breaking news!!!! I’m so happy to announce the Sixth Circuit Court of Appeals affirmed a lower court’s decision that 15-year-old Luka’s school district violated the teen’s rights to a free and appropriate education in his least restrictive environment. In a lightning fast decision, the 6th Circuit Court also ruled that Hamilton County Department of Education in Tennessee must reimburse Luka’s family for the cost of private school education.

Luka’s mom, Deborah Duncan, said today’s decision validates years of fighting for Luka’s right to be a fully included member of his school community. “Hopefully this will prevent other students from facing segregation, empower families to insist on real educational services and measurable outcomes for their child with a disability, and make it impossible for schools to continue discriminatory practices against students with disabilities,” Deborah says of the decision.

Read Related Post Here: Ninth Circuit Court to Decide if Student with Down Syndrome Can Stay in General Education Classroom

Hamilton County School District in Tennessee wanted to place Luka for half his day in a self-contained classroom in a school outside of his neighborhood. “The segregated class follows no state curriculum or standards. There’s no homework or grades. No accountability,” Luka’s mother Deborah Duncan explains. Knowing Luka would not receive a Free and Appropriate Education in the Least Restrictive Environment if he stayed, Deborah moved her son to a Montessori school where he continues to attend today.

Deborah with her son, Luka

After paying private school tuition, $75,000 dollars in legal fees, and a five year battle with the school district the family eventually prevailed at the district court level in Tennessee. The District Court ruled that a self-contained class is more restrictive than necessary, but that the family would not receive reimbursement for the private Montessori School.

Read Related Post Here: 7 Research Studies You Can Use at Your Child’s Next IEP Meeting to Win the Fight for Inclusion

Then Hamilton County Schools filed an appeal to the Sixth Circuit Court of Federal Appeals. “They have no ground to land on, but it allows them to delay reimbursement of our legal fees. They just look vindictive and have spent a lot of taxpayer money just to violate the law. We finally decided to cross appeal for reimbursement of the Montessori school private tuition,” Deborah explains.

Now the Sixth Circuit has ruled that the district must pay the family for all the years of private tuition they incurred, and upheld the lower court’s decision that Luka’s rights to FAPE in LRE were in fact violated. Today’s decision will impact students with disabilities in the states of Tennessee, Kentucky, Ohio, and Michigan.

Read the full text of the decision here.

15-year-old Luka

Have you or someone you know had to fight a similar battle for inclusion? Are you frustrated that we’re still fighting this fight more than 30 years after the Individuals with Disabilities Education Act (IDEA) was passed? Tell me about it below.

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Letter to My Son’s New School

A parent is often a child’s best advocate. We usually know our child’s history and potential for learning better than anyone else. But too often, when it comes to a child’s Individualized Education Plan, parent concerns are not inserted into the conversation or official record.

The Individuals with Disabilities Education Act (IDEA) and the recent Supreme Court Case, Endrew F., stresses the importance of parent participation at the IEP table. Parents are supposed to be equal partners of the IEP team, but often the IEP document is skewed to the school district’s point of view.

Read Related Post: Endrew F. In Action at the IEP Table

To ensure your point of view is injected and carried out, include a Parental Statement every year. Attached this letter and a bulleted list of concerns to your child’s IEP. You can even have them copy and paste your input into the online IEP form. There’s no reason why they can’t. Read the one I sent to my child’s new school, in a new state. Your letter could talk about the progress or lack of progress your child has made in and out of school since his/her last IEP.

Feel free to use my format, and change it to your child’s situation.

Parental Statement for Troy

To Whom it May Concern:

Our 5-year-old son, Troy, is a congenial, kind, and bright young boy. We’re nervous about him starting kindergarten, and we expect he will be too. Troy has Down syndrome, and although our expectations for him are the same as his typical twin brother, Hunter, we fear that well-meaning community members may have little to no expectations for him. We expect that Troy will be fully included in the academic and social aspects of k-12 education with proper supports. Our long-term goal is to have Troy graduate high school with a regular diploma, prepared for post-secondary education or integrated, competitive employment. With the national graduating rate for students with disabilities around 50%, and unemployment at 80% for people with disabilities, this may seem like an impossible goal to reach. But we understand that the law supports placement in general education first with supports, and all the research proves it works. We’re betting on our son, because we know he’s capable of contributing meaningfully to his community.

My husband is an emergency medicine doctor with the United States Air Force, and this is the third state Troy has lived in in his short life. I stay at home, as well as advocate for other families in the special education process. The move across country is sure to be tough on Troy. He has a hard time with change. He thrives on routine and clear expectations. We’ll try to ease the transition with social stories, and keeping our daily routines. We expect that kindergarten transition will be hard as well, but Troy loves school. If proper transition supports are set up and carried out with fidelity, we know that he will do well.

Troy has been in an inclusive educational setting since right before his 3rd birthday, and has received early intervention since birth. He and his typical twin brother have shared the same teacher for three years in an Ohio public preschool. The class was fully inclusive, but Troy often had the most significant disability in the preschool class each year. Even so, he did very well in this setting, and exceeded teachers’ academic and social expectations. Speech and OT were pushed into the preschool class, and Troy left Ohio well prepared for kindergarten. He knows how to write his first name (albeit messily), use scissors, color, identify all his letters, over 20 sight word recognition, one-to-one correspondence from 1-10, patterning, and much more. Even more important, he understands the routines and expectations of a classroom, and how to socialize with other students. To gain these skills, Troy needed explicit teaching and specific support in the general education classroom.

Although Troy has no medical problems, he has been diagnosed with Childhood Apraxia of Speech. Using push-in speech services, as well as private speech therapy, Troy has grown by leaps and bounds when it comes to functional communication. Troy is saying many more novel phrases without prompting. I can understand most of what Troy says, but strangers often have a hard time understanding him unless the conversation has context or visual clues. Troy does have many common phrases (like “Yes, I do” or “I not do that again”) that are very intelligible. Often practicing functional phrases, with visual cues, that will be used often in the classroom is the best way to improve Troy’s intelligibility.

Positive behavior supports work best for Troy. As you know, behavior is communication, and Troy is always trying to communicate something. He loves attention, and will work hard to gain your attention even if it’s negative in nature. Troy doesn’t have a mean bone in his body, so most of his problem behaviors are attention-seeking in nature. The few behavior issues Troy had in preschool were remedied with continual visual cues or giving him positive attention. Some issues included eloping to his favorite therapists office. Teachers solved this by putting a “stop” sign at the classroom door, and pushing in speech therapy instead of pulling it out. Troy loves circle time, and during free play he would often want to take down the pictures of his classmates, and use the teacher’s pointer to look at them. This issue was solved by creating his own book of classmates’ pictures and giving him his own pointer. Troy loves to feel helpful, and be a leader in class. Troy also needed to explicitly be taught classroom play-based skills, and will likely need help with this in a new classroom.

Read Related Post: 3 Words That Will Transform Your Next IEP Meeting

We’d love for Troy to have an experienced, yet open-minded kindergarten teacher. Someone who has high expectations for our son, and empathy for our situation. I taught middle school and high school students before I stayed home with my twin boys, so I understand the challenges of meeting the needs of every child. Still, we know the general education teacher is the content expert, and the best teacher to serve our child, with support from special education teachers or paraprofessionals. We know his teachers will need a lot of support. I hope to advocate for Troy’s teachers, and volunteer weekly.

We have high expectations for our son and the school he attends. We expect that his IEP will be standards based, and include all the accommodations and services he needs to make progress in light of his disability. We want IEP goals that are appropriately ambitious, and ensure that he is exposed to the same content as his twin brother. I will lean on school personnel as the experts in content and specially designed instruction, as I hope they will lean on me as the best advocate for Troy. I’m excited to work with Troy’s teachers to successfully include him in general education with supports. I know this will not only have a positive impact on Troy, but also the other students in the class who will one day be teachers and employers who will remember Troy and hopefully work to change the current dismal outcomes for people with disabilities.

We consider this letter part of Troy’s educational record, and the IEP document incomplete without this letter attached. I appreciate your time and consideration! I look forward to working with you!

Thank you,

Courtney

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4 Tips to Prepare for Your Child’s Next IEP meeting

If you managed to survive your child’s Individualized Education Plan (IEP) meeting unscathed you deserve a MAJOR AWARD. Even if you walked out of that room full of teachers, therapists, and school administrators wanting to hurl, there’s hope.

IEPs are fluid. This is not an end game. Your Child’s IEP “is not a form” according to Supreme Court Justice Chief John Roberts.

Other than your child, you are the most important person on your child’s IEP team. That’s because you know your child best. Likely, you’ve become an expert on your child’s strengths and weaknesses.

If you’re reading this, I know you’ve spent countless hours scouring the Internet for expert advice on inclusion and educational best practices.

Still, an IEP meeting can often feel like an episode of David and Goliath. You playing the part of David.

So, now is the time to get organized. Rally the troops, because this year’s IEP meeting is going to be EPIC!

Here’s 4 steps to make your child’s IEP meeting run as smoothly as possible: 

  1. Never go alone to an IEP meeting!
    • An IEP team meeting can include countless school personnel, often with their own agenda.
    • If you can afford it, find an non-attorney special education advocate in your area by searching the Council of Attorney and Advocates directory here. A good advocate can cost you anywhere from $200-$1000, but it may be worth your weight in gold to have someone in your corner who knows the law.
    • If you can’t afford an advocate, invite an friend, pastor, neighbor….anyone who is less emotionally invested than you are and who can take good notes.

2. Organize all those documents CHRONOLOGICALLY!

  • As a former teacher, I realize failure to document can come back to bite you in the “you know what.” Keep all of your child’s records – from evaluations to letters home to IEPs to that adorable little Mother’s Day painting he made you this year. But how?
  • First, go out and buy the BIGGEST 3-ring binder you can find.
  • Display the most INNOCENT picture you can find of your little rugrat on the front, and have a bio of how amazing he is on the inside cover. Click here to learn how to make a bio like my son’s. Bring this with you to EVERY IEP meeting (make sure you hold the folder picture-side out–for all to see)
  • MOST IMPORTANT: Organize your documents chronologically! I’ve tried creating categories for my son’s IEP folder, but I soon realized the categories are ENDLESS (IEP, ETR, Behavior, Communications, Resources, etc). Also, some of the documents could really be under more than one category (which category do you choose then?).

  • My best advice, create a table of contents with the following: date, author, type, significance. Number each document and place them in order of date. Then you can quickly look back at your table of contents to find your child’s “1st grade ETR”. 3. Save all communications!

    • Communication is EVERYTHING! Save it all: emails, letters home (see step 1), even text messages.
    • At the end of each email I send to school personnel I always write: “please add this to Troy’s educational record.” Emails can often get lost in the ether, but they can be very powerful if you need to make a case for a change in your child’s IEP later. Make sure you make them a part of your child’s official record.
    • The easiest way to save emails if you don’t have a physical copy and don’t want to print it out, is through email files. Most emails (I use Gmail) allow you to create folders.
    • I have a folder for Troy in my email, and even have sub-folders (for behavior, IEP, and therapies).
    • Any time I get an email I save it in the appropriate folder. I even email text messages to my email to save.
    • This is especially important if, for instance, you keep getting an email about your child’s behavior. Keeping a paper trail (or in this case, an email trail) will be crucial for getting your child the help they need. Most schools require evidence of a continued problem before they’ll shell out money for say a formal behavior assessment.

      4. Save all resources in LiveBinders!

      • I learned about LiveBinders from a dear friend who is a professor of bicultural-bilingual studies (so you can use this for non-IEP topics too). If you love reading up on expert advice about Down syndrome, inclusion, special needs law, anything really…then you will be SIMPLY AMAZED by LiveBinder!
      • It’s an online, find-it-whenever-and-wherever-you-need-it organizational masterpiece. My “binders” include: inclusion and law resources, letters to school, modifications to curriculum, literacy, APPs, Introducing Troy to classmates
      • Whenever I find something spectacular on the Internet, I copy the URL and paste it into the appropriate “binder.” Then whenever I have an issue with a particular topic, I can go back to my binder and find resources.
      • You can have up to 6 FREE binders before LiveBinder starts charging you. Check it out!

Let me know what you think of these 4 tips below. And tell us how you make your child’s IEP meeting run like a well-oiled machine! Comment below.

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Accommodations Mean Access

Before I understood the process of the Individualized Education Plan (IEP), I assumed IEP goals were the end all, be all. In fact, my own son’s preschool IEP includes solid IEP goals, but leaves much to be desired for specific accommodations. An IEP must include any peer-reviewed research techniques that will allow the child to meet IEP goals and make progress in the general education curriculum.

Today I’m going to tackle accommodations as a way to access the general education curriculum and make progress on IEP goals. It’s important to note the difference between modifications and accommodations. Modifications change what a child is taught or is expected to learn, whereas the accommodations only changes how the student learns the required curriculum.

Read Related Post: Building the Perfect IEP

For my son with Down syndrome, who is entering kindergarten, I’ve decided not to include any modifications to his IEP yet. I want to give him a chance to learn the same material as his typical kindergarten peers, and meet the same high expectations. I do plan to advocate for modifications when appropriate, and Nicole Eredic’s new book below will help guide me in the future I’m sure.

Read Related Post: 5 Tips for Including Students with Down Syndrome in a General Education Classroom

The following are a list of accommodations I’m advocating for in my son’s kindergarten IEP. This doesn’t include the specially designed instruction or staff training I’m advocating for, which are equally important areas of the IEP. Please feel free to use any that may be helpful for your own child.

  1. Troy will use a visual/picture schedule to assist him to be more independent in following directions and routines and play appropriately with peers across educational settings.
  2. Troy will use assistive technology programs to assist in reaching speech, OT, behavior, and academic goals.
  3. Troy will have access to low-tech writing tools like a slant board, small and short writing utensils, pencil grip, letter and number tiles.
  4. Use manipulatives to make abstract objects concrete.
  5. Troy will have extended time to complete tasks.
  6. Teacher will use wait time (up to 10-20 seconds) to allow Troy to process a question and give and an answer.
  7. A visual timer will be used for transitions.
  8. Troy will have an extra set of classroom textbooks or workbooks available at home.
  9. Troy will have access to audio recordings of books.
  10. Troy will use vocabulary cards that includes the definition and a picture representation of the word.
  11. Troy will have a week’s worth of homework available at the beginning of the week.
  12. Troy will have available extra practice worksheets for at home use to reinforce the curriculum.
  13. Troy will have directions broken down into single steps and repeated.
  14. Troy will have frequent redirection, visual cues, and prompting for inattention.
  15. Troy will have a safe, temporary “escape” area within the general education classroom to take a short break.
  16. 14- point font will be used for all assignments, with colors in high contrast
  17. Troy will use adaptive seating (without restraints), as well as either a copy of the book being read or a sensory object during whole instruction time. Troy may have a hard time seeing and understanding a book being read at the front of class. An extra copy of the book will help with visual perception and attention problems.
  18. Troy will use letter and number and picture symbols or tiles to assist in answering questions and as an alternative to writing.
  19. Troy will have peer buddies to help him reach IEP and curriculum goals.
  20. Troy will use alternative means to demonstrate what he knows (for example: assistive technology, letter tiles, pointing to answers rather than verbally saying or writing the answer, recording his answer instead of standing in front of class to speak).
  21. Consultation between the OT, staff, family and any private therapists regarding support of Troy’s fine motor needs
  22. Parent will be given monthly updates on Troy’s progress towards IEP goals and objectives.
  23. Visual aid to support safety in the classroom (for example, a stop sign on the door to indicate that Troy’s not allowed permission to leave).
  24. Regular bathroom breaks. Troy often will not tell you if he needs to go, so it must be scheduled throughout the day.
  25. Troy will receive positive, corrective feedback on his speech sound pattern attempts as well as visual and verbal cues by all staff and across school environments to promote use of expressive language and increase intelligibility.
  26. Use of a visual positive behavior chart created by teacher and parents to allow for ongoing, daily communication of expectations and performance during Troy’s school day.
  27. Troy will use peer modeling, visual cues, and repetition of directions for classes like art, music, and P.E., as well as during more unstructured times like lunch, sitting in assemblies, and recess.
  28. Troy will have access to a classroom paraprofessional that will promote independence and safety.
  29. Accommodations for Lockdown and Evacuation Drills: Troy will have a specially assigned adult to monitor him during all evacuations or emergency drills. Troy will have access to a safe location close to his classroom for evacuations and emergency drills, as running a far distance may be prohibitive. He will have access to a sensory object to calm him down during tense situations.

I’d love to hear your ideas for accommodations in younger grades for students with disabilities. Please share your ideas below!