Student Rights, IEP, Section 504 and More

Getting the right help for students with disabilities is made easier when families learn key vocabulary and understand how to use it. PAVE provides videos to support learning about student rights and how to work with the school to get individualized support.

Video number 1: Pyramid of Rights Protections for Students With Disabilities

The first video provides a visual to help—a pyramid of student rights. Learn about special education rights, civil rights, and general education rights. Students with Individualized Education Programs (IEPs) are protected by the full pyramid of rights. Students with IEPs and Section 504 Plans have civil rights that protect their right to be accommodated and supported at school. All children in the United States have the right to access a free public education. Learn key terms from these rights: Free Appropriate Public Education (FAPE), equity, and access, and how to use those words to help a student get their needs met.

Here are resource links referenced in the video:

The video mentions that a civil rights complaint can be filed at the local, state, or federal level and may include elements of more than one civil rights protected area, such as disability discrimination, racism, and/or sexual discrimination. Here are resources with more information about civil rights complaint options and how to access forms:

  • Local: OSPI maintains a list of school officials responsible for upholding student civil rights. Families can reach out to those personnel to request a complaint form for filing a civil rights complaint within their district.
  • State: OSPI provides a website page with direct links to step-by-step instructions for filing a civil rights complaint with the state Equity and Civil Rights Office, or the Human Rights Commission.
  • Federal: The U.S. Department of Education provides guidance about filing a federal complaint. The U.S. Department of Agriculture is another option for dispute resolution related to civil rights.

The video provides information about some special education dispute resolution options. Here are related resources:

The Youth Education Law Collaborative offers some free legal assistance on topics related to educational equity, with a priority for students and their families who demonstrate financial need. They can be reached by telephone at 1-206-707-0877 or 1-844-435-7676.

Video number 2: Accommodations and Modifications

Our second video shares more detail about the rights of students under Section 504 of the Rehabilitation Act. Key to protecting those rights is the accommodations, modifications, and supports that enable a student with a disability to access what typically developing students can access without support. Non-discriminatory practices related to bullying, student discipline, and attendance are protected rights. Click on the video to learn more about what the right to equity means.

Here are resource links related to this video:

PAVE article: Section 504: A Plan for Equity, Access and Accommodations

Video number 3: IEP Goal Setting

Our third video provides more detail about the rights of a student with an IEP. A three-step process is provided to help family caregivers make sure a student’s IEP goals are supporting the right help in the right way. Learn about Present Levels of Performance (PLOP), Specially Designed Instruction (SDI), and SMART goals to become a well-trained partner in the IEP team process. PAVE provides a fillable worksheet to assist parents in developing suggestions to share with the IEP team.

To get help from PAVE’s Parent Training and Information staff, click Get Help to complete an online Help Request Form.

We’d love to know whether these trainings are helpful. Please share your feedback by completing a short survey.

For more trainings and events, check out your options on the PAVE Calendar.

What is Person Centered Planning?

What it is?

Person-centered planning is all about making decisions that focus on you as a unique individual. It’s about listening to what you want and need, and then working together to make those things happen.

Woman who uses a wheelchair smiles while holding her phone.

Get Involved! Become a Person Centered Planner.

Training sessions are starting soon! Seize this chance to make a positive impact on other’s lives while pursuing your dreams!

Who we are looking for:

  • Individuals with disabilities who are inspired to lead and innovate.
  • Motivated persons interested in personal and community development.
  • Aspiring entrepreneurs looking to create a significant impact through their own business.

What Are the Benefits?

  • You’re in Charge: With person-centered planning, you get to take the lead in making choices about your life. It’s about giving you the power to decide what’s best for you.
  • Tailored Support: Instead of fitting you into a standard plan, person-centered planning creates a plan just for you. It’s like having a customized roadmap to help you reach your goals.
  • Looking at Everything: This approach looks at all parts of your life, not just one aspect. It helps make sure you get the support you need for everything that matters to you.
  • Feeling Good: When you’re in control and getting the support you need, it can make life more enjoyable and fulfilling. Person-centered planning helps you feel good about yourself and your future.
  • Working Together: It’s not just about you making decisions alone. Person-centered planning brings together everyone who cares about you to help support you on your journey.

What Makes it Special?

  • You’re the Focus: Person-centered planning is all about you. It respects your thoughts, feelings, and dreams, putting you at the center of everything.
  • It Adapts: Life changes, and so do your needs. Person-centered planning is flexible and can change and grow with you as you move forward.
  • Thinking Long-Term: It’s not just about today but your future, too. Person-centered planning helps you set goals for the long haul and supports you in reaching them.
  • Being a Part of Things: This approach encourages you to be involved in your community and pursue things that matter to you, like school, hobbies, and friendships.
  • Feeling Strong: Person-centered planning helps you become more confident and independent. It’s about empowering you to speak up for yourself and make choices that shape your life.

If you’re interested in learning more about person-centered planning:

For Teachers: If you’re a teacher and would like assistance from a PAVE staff member to help your students develop a plan, please contact us for pricing details.

For Parents: If you’re a parent who believes your child could benefit from a person-centered plan, inform your child’s teacher to contact us.

You can get in touch with us at: pcp@wapave.org

IEP Tips: Evaluation, Present Levels, SMART goals

Getting services at school starts with evaluation. Eligible students get an individualized Education Program (IEP), which describes a student’s present levels of performance and how specially designed instruction supports progress toward annual goals.

This article provides a quick overview of the basic IEP process and provides tips for family caregivers to get more involved. PAVE offers a fillable worksheet to assist parents in developing suggestions to share with the IEP team.

Step 1: Evaluate

To determine eligibility for special education, the school district collects data to answer 3 primary questions:

  1. Does the student have a disability?
  2. Does the disability adversely impact education?
  3. Does the student need Specially Designed Instruction (SDI)?

If the answer to all three questions is ‘Yes’, the student qualifies for an Individualized Education Program (IEP).

If the answer to any of the three questions is ‘No’, the student may be eligible for support through a Section 504 Plan.

TIP: Does the data being collected capture information in all areas of concern? District special education staff can provide input if more specialized evaluation tools are needed.

Step 2: Write the Present Levels of Performance (PLOP)

(Also referred to Present Levels of Educational Performance (PLEP)

When an IEP is drafted, information from the evaluation transfers to the present levels of academic achievement and functional performance (PLOP for short). Students, family members, and outside providers may contribute additional information. There are required elements, depending on age:

  • Preschool: how disability affects participation in appropriate activities within the natural environment​
  • School-age: how disability affects involvement and progress in general education​

​​TIP: Does the PLOP list talents and skills to encourage a strength-based IEP? This section of the IEP can describe how teaching strategies support a student and create opportunities for progress toward goals.

Step 3: Write Goals to Measure Effectiveness of Specially Designed Instruction (SDI)

Goals are written for each area of SDI that a student is eligible to receive. Remember that the 3-part evaluation determines whether SDI is needed. Evaluation, PLOP, and goals are tied to the same data points.

TIP: Here are some questions to consider when reading/writing goals with the IEP team:

  • Are a student’s natural talents and curiosity described and appreciated as part of goal setting?
  • What is the SDI to support the goal, and why is it a good approach or strategy for this learner?
  • Are goals providing opportunity for appropriate progress, given the child’s circumstances?
  • Do the goals properly address the concerns revealed through evaluation and explained in the PLOP?
  • Can the students use their own words to describe IEP goals and how they are making progress? Student goal-tracking worksheets are readily available online.
  • Is the goal SMART: Specific, Measurable, Achievable, Relevant, Time-Bound?

Grid for Goal Development

In accordance with the Individuals with Disabilities Education Act (IDEA), an IEP goal is reasonably calculated to enable a child to make progress appropriately, in light of the child’s circumstances. Parents/students have the right to participate in goal setting and progress monitoring.

These points can be used to design a grid to outline goal setting and to note whether written goals are SMART. A downloadable PDF shows these points in a grid format. A family participant on an IEP team can draft rewritten or proposed goals for the IEP team to consider. Submitting those suggestions to IEP team members before a meeting might help ensure that a parent’s suggestions are a critical part of the agenda.

  • Challenge: Identify the learning barrier/issue.
  • Skill: What needs to be learned?
  • SDI (Specially Designed Instruction): What is the teaching strategy?
  • SMART Goal: Yes/No? Use the following questions to determine whether the goals need improving.

Review whether IEP Goals are SMART:

  • Specific: Is the targeted skill clearly named or described? How will it be taught?
  • Measurable: How will progress toward the goal be observed or measured?
  • Achievable: Is a goal toward this skill realistic for the student, considering current abilities?
  • Relevant: Is the skill something that is useful and necessary for the student’s success in school and life?
  • Time-Bound: What specific date is set to determine whether the goal is met?

Learn more about SMART Goals in this short video:

ESY Helps Students Who Struggle to Maintain Skills and Access FAPE

A Brief Overview

  • Extended School Year (ESY) services help a student with a disability maintain skills in academic and/or functional areas, such as speech/language, occupational therapy, or behavior.
  • The Individualized Education Program (IEP) team determines whether a student needs ESY. Family members participate in the decision. PAVE provides an article: Parent Participation in Special Education Process is a Priority Under Federal Law.
  • Services may be provided when school is not normally in session, but not always. Sometimes they are built into the school day. Typically, they are provided during summer. Holiday breaks and after school are options too.
  • Parents can keep notes about any loss of skill during a break from school. By tracking how long it takes to recover a skill, parents can provide data for a discussion about whether additional services are necessary.
  • ESY are provided at no cost to the family.

Full Article

With summer coming, some parents worry that a child’s progress at school might be erased by the break. Some families may also worry that their child is on the verge of acquiring a new skill and that progress will be disrupted by an extended break. Parents can request a meeting with the Individualized Education Program (IEP) team to review progress and address the concerns. PAVE provides an article with a sample letter to help families request a meeting that isn’t part of the required annual IEP review process.

The team uses existing data and can plan additional evaluations to decide whether the student needs extra instructional time. The student might need supplemental instruction in an academic subject or to maintain a skill in speech/language, occupational therapy, behavior or another area being served through the IEP.

The critical question for the IEP team: Will learning be significantly jeopardized if additional services are not provided?

Extended School Year (ESY) is available for students in special education if there is evidence that without extra instruction they will fall significantly behind in specific skills. Falling behind is formally called regression.

Recovery of skills is called recoupment. A school will provide ESY if regression or likelihood of regression is significant and extra instructional time is needed for recoupment of skills. ESY services help a child maintain skills already being taught and are not provided to teach new skills.

ESY is not the same as summer school

Families often think of ESY as a summer program, but it’s not the same as summer school. A summer-school program might be structured to accommodate a student’s individualized ESY program. ESY and Recovery Services are individualized to serve the needs of a student eligible for special education. The program is structured to fit the student, not the other way around. See PAVE’s video about a student’s right to a Free Appropriate Public Education (FAPE): FAPE Fits Like a Proper Outfit.

ESY is usually provided when school is not normally in session, but not always. The IEP team may decide that the services will be most helpful if built into the school day. ESY also can be provided during holiday breaks or as an extension of the typical school day.

Conversations about ESY can happen any time the IEP team meets to discuss progress and goal-setting. If ESY is determined necessary, the IEP document includes an amendment with specific ESY objectives. When an IEP team determines a child eligible for ESY, the school district alerts parents in a Prior Written Notice (PWN) before implementing ESY. If transportation is needed for delivery of ESY services, the district provides transportation.

ESY is not an enrichment program. It is not provided for credit recovery. It is also not a “compensatory service,” which is provided by the district when a student’s services have not met requirements for a Free Appropriate Public Education (FAPE).

ESY services might include 1:1 instruction at home, at school or at a district office. A student could also receive ESY as part of “related services” at a provider’s office. (Occupational and speech therapy are examples of related services.) Computer- and home-based learning are additional ESY options. Like all IEP programming, ESY is individualized. Service delivery is designed by the IEP team, and sometimes creative problem-solving is needed.

If the IEP includes ESY services and the family moves during the summer, the new school district is responsible to provide the services as they are designed in the IEP or in a comparable way.

The Washington Administrative Code (WAC) includes information about ESY in sections 392-172A-02020.

How are decisions made about ESY?

The IEP team decides whether a student requires ESY by meeting to review the student’s program goals and progress. PAVE has an article about goal-tracking. Parents or teachers may have notes about any loss of skill during a past break from school.

By making notes about how long it takes to recover a skill after a break, parents can contribute important data. Sharing that information earlier in the school year is ideal, so there is ample time for a review of data and any additional testing. Attendance information also is helpful because some disabilities create illness conditions that keep a child out of school long enough to fall significantly behind.

The school and family discuss whether the lost skills and extra time required to regain them is likely to create a significant barrier to progress toward IEP goals and learning in the future. This will justify whether recoupment is required to reverse or prevent regression. Those are the key words in ESY decision-making.

An IEP team might consider:

  • Documented problems with working memory from assessments
  • Demonstrated need for constant reinforcement over time, even during the regular instructional day/year
  • History from a previous year of losing skills and struggling to regain them after a school break
  • Need for constant reinforcement of a behavior support program when a student is at risk of being moved to a more restrictive environment without substantial progress around behavior

What does LRE have to do with ESY?

Special Education has Least Restrictive Environment (LRE) as a primary feature. In accordance with the IDEA, a school district is responsible to provide instruction in the least restrictive setting to the maximum extent appropriate.

Accommodations and supports are provided to allow for LRE. Therefore, LRE is part of the school’s obligation to FAPE (Free Appropriate Public Education). For some students, routine is paramount. Parents and teachers can discuss whether a break in routine might jeopardize the student’s ability to remain in their current classroom/placement. If yes, then ESY might be needed for the student to continue accessing school in the Least Restrictive Environment.

What can parents do if they disagree with the school?

Parents who disagree with school decisions have the right to dispute those decisions. PAVE has an article about Procedural Safeguards and options when families and schools disagree. PAVE also provides a video about how to file a Community Complaint, which is one dispute resolution option.

Which students might be eligible for ESY?

ESY is not mandated for all students with disabilities and is not required for the convenience of the school or a parent who might need respite or daycare. There are no federal regulations on ESY eligibility. Some additional considerations may include:  

  • Regression/Recoupment: Likelihood of regression or anticipating that it will take a long time to get a skill back can make a child eligible for ESY. A student doesn’t have to fully lose a skill or experience a long delay in recovering the skill to qualify.
  • Degree of Progress toward IEP Goals: Very slow progress toward IEP goals can meet criteria for ESY. Trivial progress toward goals does not meet the standard of FAPE, as established by a 2017 supreme court ruling.
  • Nature and/or Severity of Disability: Determination is not limited to a specific category of disability. However, students with more severe disabilities are more likely to be involved in ESY programs because their regression and recoupment time are likely to be greater than students with less severe disabilities.
  • Emerging Skills/Breakthrough Opportunities: If a critical life skill is not completely mastered or acquired, ESY services may ensure that the current level of skill is not lost over a break. A few examples of critical life skills: beginning to communicate, learning to read or write, self-care. 
  • Interfering Behaviors: Some students receive positive behavior support as part of the IEP. When considering ESY, the IEP team would determine whether interruption of such programming would jeopardize the student receiving FAPE.
  • Special Circumstances: Sometimes there are special circumstances that prevent a student from learning within the regular school schedule. Districts have different definitions of what constitutes a special circumstance. Parents can ask for a copy of district policy and refer to WAC 392-172A-02020.

No sole factor determines whether a student qualifies for ESY. IEP teams review a variety of data, including informed predictions about what is likely to happen in future based on past experiences. A student who has received ESY in a previous year is not automatically entitled to those services again, and a student who wasn’t eligible in the past is not automatically denied.

Summary and Additional Resources

Some students require special education and related services longer than the regular school year in order to receive FAPE. ESY can minimize regression, so a child can catch up or recoup those skills. Parents who have concerns can discuss eligibility criteria with the IEP team. The sooner ESY is discussed, the sooner data can be collected and reviewed. Parent may need time to consider all options and to collaborate with the school.

As part of its Model Forms, the Office of Superintendent of Public Instruction (OSPI) provides a downloadable document that IEP teams can fill out and attach to the IEP when a student qualifies for ESY services. To access the PDF directly: Extended School Year (ESY) addendum.

A website called Great Schools.org provides additional information about ESY and downloadable forms about IDEA requirements.

Wrightslaw.com provides information about the IDEA and legal findings on a variety of topics.

Map Your Future with Person-Centered Planning

A Brief Overview  

  • Person-Centered Planning (PCP) is a method for helping a person map out a future with intention and support.
  • Read on for more information about what Person-Centered Planning is like.

Full Article  

Everyone dreams about what they might do or become. Individuals with disabilities might need additional support to design the plans, set the goals and recruit help. The Person-Centered Planning (PCP) process is a tool that works like a Global Positioning System (GPS) to help a person figure out where they are starting and how to navigate to a planned destination.   

A PCP session is a gathering that can happen in a specific physical location, such as a school or a community center, or in a virtual space online. The people who get together might include family members, friends, teachers, vocational specialists, coaches—anyone who might help brainstorm ways to plan an enriched, full life for a person of honor.

The first step is to celebrate the gifts, talents, and dreams of the person. Then the group develops action steps to help that person move closer to their dreams and goals.  

Throughout the gathering, the attendees listen, ask questions, and draw pictures or write down words that contribute to the process. Respect for the person’s goals and wishes is a priority, and participants withhold judgment to honor the individual completely.  

Person-Centered Planning explores all areas of a person’s life. All people experience various times in their lives that are transitions. High-school graduation is a major example. Job changes, moving to a new home, entering or leaving a relationship: Those transitions happen for individuals with and without disabilities.

Individuals with disabilities have some additional transitions. For example, when a person leaves the special education system of public education at graduation or after age 21, there is a change in disability protections. A student receiving special education is protected by the Individuals with Disabilities Education Act (IDEA). In adult life, the right to accommodations and non-discrimination is protected solely by the Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act (ADA).

There are specific transitions that occur for individuals who qualify for support from the Developmental Disabilities Administration (DDA), which in Washington is part of the Department of Social and Health Services (DSHS). Employment and workforce training programs often are part of the transition from high school into what happens next.

During major life transitions, many service agencies focus on a person’s inabilities or deficits.  Person-Centered Planning, on the other hand, focuses on what’s positive and possible, based on the dreams and goals of the individual.

A PCP session includes a set of maps where information is collected in words and pictures. Here are some examples:

People in my Life     

This map names important people and their roles in concentric circles. These are people that the individual trusts for help and support and may include paid and unpaid supporters. Those who are closest to the person are in the circles closest to the center of the map.

Who am I?  My Story, My History    

This map is built during the session to describe the person’s story from birth up until the gathering. This map reflects what is most important to the individual. The facilitator might ask:

  • What parts of your life are important for people to know?   
  • What are some stories of your life that would be helpful for a coworker or a friend to know? 
  • Are you a sibling? A spouse? A parent?
  • How old are you? 
  • What activities do you participate in? 
  • Have you had any jobs?
  • Where do you live? Go to school?  
  • Do you have a medical concern that someone spending time with you might need to know about? 

 Likes and Dislikes  

The “Likes” list includes favorites, things that make the person happy. Favorite colors, foods, activities, places, people are listed. 

The “Dislikes” list includes the opposite of all those things and might also list triggers (bright lights, loud noises, angry voices, bullies) or other sensitivities.

What Works/ Doesn’t work 

The first part of this map asks: When learning a new activity or skill, what are steps and learning tools or activities that work for you? Answers might look like these examples: frequent breaks, accommodations, a written schedule, a list of duties, instructions in larger print, a preferred time of day to start something…. 

The second part asks: When learning a new activity or skill what activities do not work for you? Answers might resemble these examples:  waiting in line, too many instructions, too many people barking out orders, standing or sitting for too long, verbal instructions, unclear expectations….  

Gifts, Talents and Strengths  

This map asks several questions: 

  • What are you good at?
  • What can you do that is easy for you? 
  • What are your best qualities? 
  • What do people like about you?   

Examples for answers:  best smile, cleaning, giving, caring, natural dancer, very social, great with computers, good with numbers, great at sports, good listener, good with animals, etc.   

Dreams /Nightmares 

The My Dreams map asks: Where you would like to see yourself in a few years?  Follow-up questions:

  • What will you be doing?
  • What would your dream job be?  
  • Where are you living? 
  • Do you live on your own or with family or a roommate?  
  • How are you keeping in touch with your friends?   
  • What is an action you can take to move toward your dream or goals?    

The Nightmare Map asks:  What do you want to avoid?  Follow-up questions might include this one: Where do you not want to be in a few years? This is not to make the person feel bad but to make an out-loud statement about what the person doesn’t want to happen. This can include actions or thoughts that someone wants to avoid.  

Needs 

The Needs map asks:  What do you need help with to avoid the nightmare?  A follow up question might include: What areas do you need support with? Answers might look like these examples: budgeting money, learning to drive, training to ride the bus, cooking lessons, looking for a job. The goal is to recruit support to help the person stay away from the nightmare and work toward the dream.   

Action Steps  

A map that show Action Steps includes the specific help that will assist the individual in moving toward the dream. This chart typically details what needs to be done, who will do it, and by when. 

Example:    

Goal: To Write a Resume     
Who: Michele 
What: Call Mark to ask for help.  
By When: Next Monday, April 6, 2020 

This process involves many support people in the person’s life and identifies, in a self-directed way, areas where help is needed to meet personal goals. The gathering involves the important people in someone’s life because they can help through the process and step up to offer support for the action steps. 

How to get a Person-Centered Plan  

Here are places that might help you find a PCP facilitator in your area:  

  • Developmental Disabilities Administration (DDA) 
  • Division of Vocational Rehabilitation (DVR)
  • School District 

Here are a few additional places to seek information about Person-Centered Planning:  

Inclusion.com: All My Life’s a Circle  

Inclusion.com: The Path Method 

Video from PAVE, Tools 4 Success  

Informing Families.org  

I want the kind with the people and the pictures

By John O’Brien

After a Difficult Start…

Institutionalized from age three to twenty-three in a place where “they treated us like animals”– Mike has composed a good life, taking many valued roles: husband, father, worker, home owner, friend, organizer, advocate, mentor, teacher, neighbor.[1] Anticipating the changes that come with aging, Mike requested funding for a person-centered plan from his case manager (a service option in his state). The case manager said that it was unnecessary for him to spend any of his budget on a plan because a new Federal Rule requires that Mike’s annual plan of care meeting be a person-centered plan. Mike, who has participated in many person-centered plans organized through self-advocacy, asked some questions about the required plan and concluded, “I still want the kind with the people and the pictures.”

Regulations that require a person-centered plan as a condition of receiving Medicaid Waiver funds introduce a distinction between Want-to-plans and Have-to-plans. Each can make a positive contribution; both must creatively respond to constraints. A good Want-to-plan supports discovery of possibilities and life direction and mobilizes a person’s allies at important moments in their lives. A good Have-to plan gives a person effective control of the Medicaid waiver funded assistance they rely on. Committed and skilled facilitators with the time necessary to prepare and follow-up make a difference to the impact of both kinds of plan. How well either process works for a person depends on conditions outside the planning process: the extent, diversity and resourcefulness of the person’s social network; the openness of the person’s community; the flexibility and responsiveness of providers of necessary assistance; the sufficiency of public funds for necessary assistance and the means for people to control those funds. Good plans will identify the current reality of these conditions and consider how to engage them.

Mike’s is a want-to-plan. At his initiative, he and his invited allies (the people) collaborate to create a customized process to address his desire to deal proactively with the new responsibilities and increasing impairments that show up with aging. Mike chose Michele, an experienced facilitator, to guide the process. Their agreement makes it clear that Michele is responsible for facilitating a process of change over time, not just a meeting.[1] A graphic record (the pictures), created by Alex, provides an energizing memory of what emerges, a way to track and update action plans, and a way to orient new people to Mike’s intentions.[2] Occasional check-ins and revisions guide continuing action. One-to-one meetings assist Mike in sorting through all the suggestions and offers of help he receives to assure a good fit with who he is. Mike will bring some the information generated by this work to inform the required annual person-centered support plan, but his Want-to-Plan does not substitute for it.

Mike’s experience unfolds under highly favorable conditions for any person-centered plan. He has a strong desire to assure his wife and himself the best possible old age. Reciprocity for decades of generous neighborliness, concern for co-workers and leadership in advocacy give him a diverse network to call on. He is not inhibited in asking for help when he needs it. The help he needs is largely with navigating the unfamiliar territory of selling and buying property and preparing wills and other necessary documents and demands no change in his current paid services. Hard work and careful management has accumulated equity in family home. Many Want-to-plans will need to include provision for strengthening or establishing the social and material conditions for moving toward a desirable future.

Want-to-plans can also originate in a person’s positive response to an invitation to join a process of organizational change. This sort of plan poses a challenge that an organization must stretch its capacities to meet.

Have-to-plans are a necessary step in determining expenditure of Medicaid funds on services to meet the assessed needs of eligible people. They are the final responsibility of system staff assigned to coordinate services. While the process can vary to accommodate a person’s preferences, the process and resulting plan must comply with detailed standards. The New York OPWDD Person Centered Planning Regulation Checklist enumerates 23 requirements, 21 of which track US Federal Regulations.[3]

Have-to-plans serve a worthy purpose. The rules set conditions for the person to direct the meeting, understand the results and assure that the person-centered service plan documents the person’s needs strengths, preferences, goals and appropriate services.

This checklist item, based on a Federal requirement, identifies the intended result of Have-to plans:

2‐5. The plan documents the necessary and appropriate services and supports that are based on the individual’s preferences and needs and which will assist the person to achieve his/her identified goals. [Complies with CFR 441.301©(2)(v)]

This form of words sets Have-to-plans in the context of publicly funded disability services. Offering increased influence on which available provider(s) will serve a person and how those services will be of assistance is a clear benefit of Have-to-plans when there is a real choice among providers with a capacity to individualize supports.

This standard also locates a tension that constrains Have-to-plans as two impulses struggle with each other within the same sentence. One impulse, energized by commitment to self direction and the development of people’s strengths, expresses the life a person wants to live and the supports that they prefer to live that life. The other, tied to the historical anomaly of funding US disability support as if it were a medical service, aims to select necessary and appropriate services that are clearly linked to professionally assessed need. State policy can bias the struggle toward one impulse or the other. In some states[1] the person centered plan is bracketed between an assessment of need that involves an extensive inventory of a person’s deficiencies and writing an Individualized Service Plan (ISP) that must demonstrate a direct connection between assessed need and specified services and avoid public funding of “wants” or “lifestyle choices”. Without the skillful facilitation of an intentional shift in perspective, a Have-to-plan will be primed by a focus on deficiencies and develop within unconscious boundaries set by judgements of what can realistically be funded.

A Want-to-plan can safeguard a Have-to-plan. A person and those who care can choose to create a space outside the world of disability services for conversation about a person’s identity, gifts and capacities and the circumstances that offer the best life chances. Often, as with Mike, some action will result from this conversation that requires no change in publicly funded services. When the sort of changes in services that require a Have-to-plan are necessary, a person and their allies have a foundation for negotiating what they need from publicly funded services.

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[1] See for example, NJ Division of Developmental Disabilities (March 2016). Supports Program Policies & Procedures Manual (Version 3.0).

[1] Other agreements might suit other circumstances. A different person might agree to fill the necessary follow up role.

[2] Denigrating graphic records has become a cliche criticism of person-centered planning (“people have colorful pictures on their walls but their lives are unchanged”). Lack of commitment or capacity for creative action seem to me more likely causes of inaction than a vivid record of people’s thinking does.

[3] http://www.opwdd.ny.gov/sites/default/files/documents/PCPChecklist.pdfThe 22nd standard, specific to New York, defines a person-centered planning process as a right and requires written notice of that right. The 23d assures that all relevant attachments are filed with the plan. The rule itself, Medicaid Program; State Plan Home and Community-Based Services, 5-Year Period for Waivers, Provider Payment

Reassignment, and Home and Community-Based Setting Requirements for Community First Choice (Section 1915(k) of the Act) and Home and Community-Based Services (HCBS) Waivers (Section 1915(c) of the Act), was published in the Federal Register on January 16, 2014.

[1] You can view Mike’s witness to growing up in an institution and a snapshot of his life today in this 2015 TV investigation into his state’s continuing operation of institutions: http://www.king5.com/news/local/ investigations/wash-decades-behind-in-serving-developmentally-disabled-1/48265785

 

Get SMART About Tracking Progress and Updating Goals with Your IEP Team

Holiday break is a good time to check on your student’s progress in school. You can take another look at the Individualized Education Program (IEP) and compare the goals to current progress. If you don’t have a current progress reports on IEP goals, mid-year is a good time to ask school staff to provide them.

If you don’t believe the student’s progress is on track, you can request an IEP team meeting to discuss the program and what might need to change. If you request an IEP meeting that isn’t a required annual review, you can formalize your request with a letter that describes your reason. Concern about progress toward goals might be why you want to meet. PAVE has a letter template to help with your written request.

The Individuals with Disabilities Education Act (IDEA) requires that schools provide students who are eligible for special education services with access to a Free Appropriate Public Education (FAPE). The Supreme Court  in 2017 determined that in order to meet the requirements of FAPE, schools must provide students with opportunities to make meaningful progress toward IEP goals. Schools also must provide clear explanation for their decisions about services, according to federal standards.

An acronym that can help you determine whether the annual goals in your student’s IEP are appropriately robust is SMART. PAVE provides a handout to help you use this acronym when participating in the IEP process.

S = Specific

M = Measurable

A = Achievable

R = Relevant

T = Time-Bound

Goals are based on educational evaluations, which determine where a student is strong and needs more help. The data from an evaluation will help the IEP team write statements called Present Levels of Performance (PLOP), and these statements form the basis for goal-setting and program design.

As you review goals you might think about your student’s placement—the locations where education is provided. The IDEA requires students receive education in the Least Restrictive Environment to the maximum extent appropriate. A student’s lack of progress might be related to where the student is placed. This could be a topic for the IEP team to discuss when goals are reviewed.

The Office of Superintendent of Public Instruction (OSPI), which oversees all school districts in Washington State, provides a variety of “model forms,” guidance documents for schools and families, including a downloadable “Parent Input Form” that can help you makes notes to share with the IEP team.

For additional resources about IEP goals, you can visit the following websites:

Parent Center Hub.org

Understood.org

IEP Goal Tracker from Understood.org

OSPI Special Education Guidance for Families

 

SMART Goals

In general, goals:

  • Are required as part of the Individualized Education Program (IEP)
  • Are designed to help a student make meaningful progress in light of the circumstances
  • Encourage a student’s progress toward grade-level standards and participation with peers
  • May focus on academics, Social Emotional Learning or skills for everyday living, called Functional Skills

Present Levels of Performance (PLOP): Goals flop without good PLOP!

Not every school uses the term PLOP, but this acronym refers to the part of the IEP where a student’s achievements and challenges are described. A lot of this information comes from evaluation, but parents, teachers and providers can add information. The goals get built from this information, so it’s important. We need to know where we are to figure out where we’re going!

This section of the IEP describe what’s going on with the student in specific areas: cognitive, adaptive, and developmental/functional. The statements include two required elements, dependent on the age of a child.

  • How the child’s disability affects the child’s involvement and progress in general education​
  • For preschoolers, how the disability affects the child’s participation in appropriate activities within the natural environment​

These statements impact a child’s placement and how “Least Restrictive Environment is provided to the maximum extent appropriate,” as it’s written in special education law.

Parents can make sure that the strengths and interests of a child are described. Knowing how to teach skills and encourage growth based on a child’s natural talents and curiosity sets up an important collaboration between the child and the team and can inspire everyone toward progress!  ​

Determine whether the IEP Goals are SMART:

S             Specific … Is the targeted skill clearly named or described? How will it be taught?

M          Measurable… How will progress toward the goal be observed or measured? 

A            Achievable… Is this goal realistic for the student, considering current abilities?

R            Relevant… Is the skill something that is useful and necessary for the student’s success in school and life?

T             Time-Bound… What specific date is set to determine whether the goal is met?

Person Centered Planning and Aging Families

At the age of 56, a single parent from the baby boom age, my youngest son is now 26, and at this time in my life I need to plan for my retirement.

In a few years I will be heading toward the twilight of my life, so I need to take into account how that affects the life of my son, Kyle, who experiences Down Syndrome. Just like many families who live with and care for their adult sons and daughters for most of their life, it is my responsibility to share vital information that I might be the only one who knows, such as how, what, when, and where services are to be received. This way all the hard planning that has made his routine and the quality of life possible can continue even when I’m no longer able to care for him or myself as I age.

Up to this point most families don’t plan for such events, thinking that they will outlive their loved one with a developmental disability, brushing aside thoughts of what the future might hold for them. If I don’t think about it won’t happen. So usually what happens is when the parent or care giver has a medical emergency there is no plan of care or support for themselves or for their adult son or daughter with a disability, leaving both in need of a plan of care. It will be important to identify who it is left to sort through the maze of services, or lack of services, to help during this very vulnerable time.

Person Centered Planning is a tool that is used to help people plan for the future. Just as you plan along awaited trip you use a simple guide to help you make the journey comfortable to enjoy your precious time you have set aside. When it is time to plan, bring together the people who will be in the family’s life at that critical time. Usually, it is left up to siblings who have not been very involved in their sibling’s day-to-day care. Their parents did a really good job of caring for their sibling, but most find out the hard way what the daily routine looks like for their sibling.

By using the Person Centered Planning method, you have a document on hand so that you are able to have input into a plan of care before a crises.

Aging parents must start thinking about drafting a will and learning about trusts for your peace of mind. Think about the use of Person Centered Planning as a tool, as it can help relay your wishes and concerns. Share information about their care, like who their doctors are, what their care plan is, and other things like a living will. This is in case the parent loses their ability to share vital information to the people who care and to service providers who need to plan action steps.  What history of care has been provided, what are the needs, who can help, what is the plan of care when you or I are not able to communicate the needs of our adult sons and daughters?  As we age, the plan becomes the family plan, not just for the individual but for the whole family, including the network of support and those who will be left to sort things out.

The process helps pull together all their important information so that people who come in and out of the person’s life have something with which to help plan a positive quietly of life for the  individual and their family.

Pierce County Parent to Parent has also put together a care notebook that helps families keep important information together for when the parent is no longer able to speak for themselves or share information that is important, not just for the individual with the disability, but for the family itself.

Learn more about Person Centered Planning

Reunited photo courtesy Jenn Durfey via flickr