A common sense interpretation of that would be that appropriateness be gauged by what results in a child developing and progressing at a rate that is close to what others achieve in the same grade level. But in the decades since the start of FAPE, interpretations have varied greatly – to a point where the question eventually reached the U.S. Supreme Court. And last year the high court issued a unanimous opinion on how it must be construed.
]]> FAPE means providing more than a bare minimumThe case that brought the issue to the fore was that of Endrew F., a boy with autism. For the first five years of his schooling, he attended public schools. Each year, the system proposed the individualized education program for Endrew required by law. It barely changed from year to year so when the IEP for his 5th grade year came in, his parents rejected it and enrolled him in a private school where he began to flourish.
When the parents sought reimbursement for the private school tuition, ruling officials at every level denied relief. The officials said the school district IEPs might have only provided Endrew with minimal educational benefit, but it was enough to meet the requirements of the law.
The Supreme Court wholeheartedly disagreed. It held that programs offering only slight benefit from year to year aren't enough. Rather, to satisfy the law, any reasonable IEP should ensure that every child has a chance to meet challenging objectives. The opinion says otherwise, the child "can hardly be said to have been offered an education at all."
Of course, the challenge now is to leverage this decision to advocate for the services and support you believe your child needs. In that effort, a skilled attorney's help can be vital.
]]>We wrote about this idea in a post in November. We noted at the time that state officials made the waiver request over the objections of school leaders in New York City and special education advocates. Their main complaint was that the lowered expectations in such out-of-level testing would do the students more harm than good, representing an erosion of rights guaranteed by law.
]]> Considering the tenor of comments that have flowed from the Trump Education Secretary Betsy DeVos in the first year of the administration there was some concern that the waiver might be granted. However, it didn't happen.In making its original request, the state said it needed the waiver to cover students who don't qualify for existing alternate assessment programs but have impairments that prevent them from succeeding on tests at their grade levels. The state suggested the students might eventually meet expected standards if given more time.
However, an Education Department letter dated Jan. 16 said the law requires testing at grade level except when students have significant cognitive disabilities that qualify them for assessment under alternate achievement standards. Further, it said New York's plan failed to explain how a waiver would meet legal requirements for advancing student achievement and improving transparency in public reporting about student and school performance.
]]>According to some experts, springtime can be one of the most challenging times of the school year. In many classes, the pressure rises. Students have big projects to complete, papers to write or major final exams loom. Depending on the challenges your child faces, you might consider enlisting extra help. Do you know what your options are and whether the school system will pay for them?
]]> One thing that is clear about education today is that it is not as simple as sitting a child down in a classroom and pouring information in. There are special techniques teachers use and even then, some students require extra help that can take any number of forms. What follows are indicators that experts say parents can look for to decide what support to seek.You might need a tutor if:
An organizational coach might help if:
If your child has learning or attention deficits, developing strategies to overcome the issues might be called for. This is something an educational therapist could be called upon to provide.
What services might be provided to your child depends on the kind needed, school district policies and funding availability. By working with a skilled legal advocate, you can be confident that your needs are represented in the context of what is due by right of law.
]]>Another term that has been around since the 1990s but which might be new to many parents is twice exceptional, commonly abbreviated as 2e. On the face of it, this sounds special. In reality, it can mean that your child is in for some significant challenges as he or she works through their school years unless the 2e-ness is identified, acknowledged and accommodated by educators. Each step has its particular hurdles and may require special advocacy efforts to see that education law requirements are fulfilled.
]]> Identifying 2e studentsThe thing that makes the 2e designation such a challenge is that it represents a mix of conditions. Researchers note that typical characteristics on the plus side may include:
At the same time, the child might show signs of difficulty in such areas as:
And herein lies the rub. While the deficits above fall into the spectrum of issues that require schools to deliver special education services under the law, no such requirement exists for meeting the needs of gifted students. Services in that regard can vary widely by school district. Additionally, because the strengths and weaknesses can tend to cancel each other out, experts suggest 2e students are often overlooked from both perspectives. Thus, it likely is going to fall to a child's parents or other guardian to advocate on the student's behalf by getting answers to some important questions.
Once those answers are in hand, working with a skilled attorney can ensure that schools do what's required to meet both the disability and accelerated learning needs of 2e children.
]]>This is something that parents of special-needs children understand well. They, along with other advocates in this area – including education law attorneys – appreciate that the advancements achieved to ensure that these children have the access to equal education have not come without struggle. It is in the context of that reality that one mother has said, "What most folks don't understand is, families with children who have disabilities are in a perpetual state of fight mode."
]]> Equal education - not lower expectationAs we observed in our last post, the current administration at the U.S. Department of Education continues to act in ways that keep the families of special-needs students on watch. Last month, the scrapping of what officials consider outdated policy documents raised hackles. Many of those documents clarified the rights of students under federal law. This month, there's concern that the DOE might grant New York State a waiver on testing requirements called for under the Every Student Succeeds Act.
The state says the requested waiver will allow schools to test special needs students on what they know, rather than what they should be expected to know based on the grade they are enrolled in. But advocates under the umbrella of the Consortium for Citizens with Disabilities Task Force are pushing back.
The group notes the New York City school district doesn't support the waiver. It also says that the waiver would let the state off the hook on providing the quality education all students are owed. Ultimately, the consortium says granting the state's request would violate students' civil rights by denying them equal opportunity under the law.
Efforts to make sure every child gets the support and education they deserve cannot stop, but parents don't have to face the challenge alone. For help, consult skilled attorneys, such as are found at the Law Offices of Neal H. Rosenberg.
]]>The documents were apparently cut as part of the Trump administration's efforts to curb what it deems superfluous regulations. The Education Department states that the rescinded documents were unnecessary and did not reflect current regulations.
]]> Although a representative for Education Secretary Betsy DeVos claims that the rollbacks will not affect students with disabilities, many people aren't so sure. Parents, lawmakers, and advocates have expressed concern that rescinding the documents will negatively impact the services to students who have special needs. The revocations may also signal a precedent to remove future guidelines protecting disabled students from being laid forth.Most special-needs advocacy groups did not receive any warning that the cuts were being made. The Education Department did seek input from disability advocacy groups when making the changes, but did not notify the organizations until two weeks after the cuts had been made. When it did, the only explanation offered was that the documents were "outdated, unnecessary or ineffective."
In addition, several law makers have spoken against the cuts, saying that the documents are still necessary to protect the wellbeing of students with disabilities.
It has yet to be seen whether the excised documents will impact special-needs students and their parents. One thing is certain, though: In an ever-changing landscape over rules and regulations, it's more important than ever for parents fighting for the best interests of their children to have an experienced advocate at their side who is ready to fight for them.
]]>Individualized learning crafted to serve a student's special needs is acknowledged as a right and so federal and state laws mandate that school districts accommodate those needs. Defining needs, however, can be challenging. Working with a skilled education law attorney is how parents and students can be sure their opinions get consideration when formulating individualized education plans.
]]> Learning isn't just about information downloadMany factors deserve consideration when trying to set a child on a track for learning success. In the past decade or so, a popular theory revolves around the issue of student mindset. Another word for this might be attitude.
The theory goes that there are two basic mindsets in individuals - fixed and growth. The first assumes intelligence and ability are static traits. Success is measured based on test scores - grades. A person with a growth mindset, though, gauges things in terms of "not yet." That is, they use test scores to identify opportunities to learn and improve.
Proponents of growth mindset say it can be taught and so educators are starting to employ it in many schools. In fact, some researchers are trying to see if mindset adjustment training can address student mental health needs, too - specifically to overcome depression and anxiety.
Study results to date are far from conclusive, but the data is sparking interest in the education world. At the very least, parents of students with mental health issues will want to be aware of this new tool.
]]>You may have noticed that charter schools often have strict rules of conduct, require uniforms, and have other differences from ordinary public schools. In the past, that has sometimes resulted in non-compliant kids being "counseled out," or discouraged from attending. In some cases, these included children with disabilities or learning issues. The law is very clear; counseling out kids with disabilities is unlawful. If your child has a disability, they still have every right to attend any charter school they otherwise qualify to attend.
]]> Charter schools also have the same responsibilities as other public schools to develop appropriate Individual Education Programs and 504 plans. These lay out an appropriate education plan and a plan for ensuring full access to education. Charter schools also have to provide appropriate accommodations for children with disabilities.If you've decided a certain charter school is the best learning environment for your child, what you need to do first is ensure that your child meets all eligibility requirements to receive an IEP and/or 504 plan. Assuming they do, sit down with your child and their teachers. Discuss some ideas for how best to meet your child's educational needs while helping them fit in with the school's culture and rules as much as possible. These preliminary discussions can give you a good grasp of what accommodations your child might need.
Then, finalize the IEP and/or 504 plan, if you're satisfied. If you're not satisfied with the plan and can't reach a better agreement with the school, consider talking to an education law attorney. While an attorney can be helpful at any step in the process, you'll definitely want to discuss your concerns if you can't come up with a satisfactory IEP and 504 plan on your own.
Every public school -- including charter schools -- has a legal duty to provide a free and appropriate education to each child. You and your child have rights.
]]>The IDEA is our nation's premier law guaranteeing special education. More specifically, it requires public schools to provide a free and appropriate education to every student, regardless of disability.
]]> The other 28 states, including New York, were designated as needing assistance providing a free and appropriate education for children aged 3 to 21 who have disabilities. Luckily, no state received the labels "needs intervention" or "needs substantial intervention."Unfortunately, this year's review indicated a drop in the number of states meeting all the requirements of the IDEA. Last year, 24 states received the designation of "meets requirements." New York was designated as a state that "needs assistance" last year, as well.
In performing this annual review, the Education Department considers both student performance and student outcomes, along with procedural requirements such as the completion of special education evaluations.
When states fail to achieve the "meets requirements" designation for two or more consecutive years, the IDEA requires the DOE to take an enforcement action. This can include withholding or redirecting school funds, the development of a corrective action plan, or requiring other changes.
Parents should know that if their school district is unable to provide the free and appropriate education to which their child is entitled, they can pursue a claim for tuition reimbursement or funding so that they can enroll their child in an appropriate school.
If your child has any type of disability and you are concerned about their education, we urge you to contact an education law attorney.
]]>The acting head of the agency's civil rights office issued an internal memo with the changes. The Obama Administration had required investigators to broaden all inquiries to include the identification of systemic issues and ensure all classes of victims are known. It also required regional offices to alert agency higher-ups when receiving complaints regarding race-based, disproportionate discipline and campus sexual assaults.
]]> The result of the Obama-era policies was to open large, far-reaching investigations and enforcement decisions that sometimes required educational institutions to overhaul their policies in order to address civil rights concerns.A spokesperson for the agency says that the Obama approach led to skyrocketing numbers of complaints -- and correspondingly skyrocketing processing times. The agency apparently has not staffed up in response to the increasing numbers of civil rights complaints, and the agency has a goal of closing cases within 180 days.
"Justice delayed is justice denied, and justice for many complainants has been denied for too long," added the spokesperson.
Whether the new policies will improve things is open to question. Civil rights activists say the previous policies encouraged people to bring forward their concerns, and worry that an "efficiency first" model will have the opposite effect.
Others, such as the Foundation for Individual Rights in Education, felt the Obama Administration had already overstepped its bounds in areas such as campus sexual assault.
The independent U.S. Commission on Civil Rights, however, has signaled "grave concerns" about the new policy. The commission is a bipartisan agency that advises the legislative and administrative branches on civil rights law. The group identified the changes at the Education Department as particularly troubling, according to the New York Times.
]]>A new GPS-based technology could have a role to play in helping parents feel comfortable that their children are safely at school. The AngelSense device allows GPS tracking, so if a child wanders down the street, he or she can be easily found. It also contains a listening device, which could allow parents to monitor their child's experiences at school.
]]> Moreover, since kids with autism often have difficulty reporting what they have experienced, AngelSense could be used as a surveillance device by parents concerned about bullying or sub-par education.Unfortunately, using the AngelSense device at school may not be entirely legal.
"You just can't set up shop and start broadcasting without violating someone's rights," says a spokesperson for Neola, a school policy advocacy group.
Some school districts are considering steps to keep AngelSense out of schools without special permission. One is the Perrysburg School District in Ohio.
Like New York, Ohio is a "one-party consent" state, meaning that conversations can legally be recorded if only one participant has given consent. Whether that law even applies in this situation is difficult to say, however. For one thing, the AngelSense doesn't have a recording capacity -- it only listens in. For another, the law hasn't traditionally been applied to overheard conversations. Finally, minors might not be in a position to give legal consent.
Everyone agrees that the device is well-intentioned. A parent who uses AngelSense simply assumed that classrooms are like open books. If her child came home and told her about a conversation, that wouldn't violate the law. Doesn't that mean such conversations aren't all that private?
The same parent pointed out that she has never used the listening capacity on her son's AngelSense. In fact, one of the founders of AngelSense doesn't record anything and that the listening function provides only low-quality audio. There's a protective case, and most kids carry the device in a pocket or inside their clothing. It could best be used to help locate a wandering child by giving access to ambient noise and the child's voice.
The Neola spokesperson doesn't consider the GPS part of the device to be legally problematic.
What do you think school policies should say about using devices like the AngelSense? Is there a reasonable way to meet everyone's goals and concerns?
]]>Specifically, a federal law called the Individuals with Disabilities Education Act, or IDEA, requires school districts to provide a comparable education to disabled students. That standard is called a free and appropriate public education, or FAPE. If the normal classroom environment is insufficient, the school district is obligated to provide the comparable amount of specialized educational services needed to bridge the gap. Services may include speech or physical therapy, individualized instruction, or other services.
]]> Federal law also requires a school district to track the respective services it provides to disabled students. In New York City, a computer system is designed for that purpose. Yet a recent article claims that failures in the tracking process resulted in over 800,000 errors per day.Without proper tracking, a disabled student might not be receiving all of the services that he or she needs. As if that weren’t bad enough, the failure of the system may be impacting more than just individual students with special needs. Inaccurate reporting may also mean that school districts lose out on Medicaid reimbursements.
When a school provides inadequate services, a parent may need to turn to a law firm that focuses on special education law. The complexities of IDEA require an experienced advocate. Best of all, a parent who prevails in a lawsuit under the IDEA may be able to recover reasonable attorney’s fees. Although a school district may believe that it is providing a FAPE to a student, only a parent has the kind of relationship to truly understand his or her child's needs.
Source: Chalkbeat, “New York City’s special ed tracking system malfunctioned more than 800,000 times per day, but changes are underway,” Alex Zimmerman, May 9, 2017
]]>