What is the Big IDEA Behind Inclusion Webinar

This webinar was recorded in the summer of 2018.

About this Webinar – Topics will include:

* Why inclusion is important in schools, classrooms and communities
* What inclusion is and what it is not
* Who is involved in making meaningful inclusion successful
* Underpinnings in federal law

Presented by, Jen Cole
Director, Parent Training and Information

Get Ready for School with IEP Essentials

A Brief Overview

Each student has abilities and skills. A thoughtful Individualized Education Program (IEP) can highlight abilities and provides the supports needed for the student to learn. This article will help parents understand how to participate in the IEP process.

Every part of the IEP is measured against this question: How does this help the student with disabilities receive the support needed to access a Free Appropriate Public Education (FAPE)? Read on to learn more about FAPE and other important parts of special education.

Learn the 5 steps a parent can take as a member of the IEP team. This article will help you gear up for the school year.

The Parent Training and Information (PTI) team at PAVE are here to help: If you need 1:1 help navigating the IEP process, click Get Help! on our website, wapave.org.

Full Article

A new school year is a great time to take a fresh look at your student’s Individualized Education Program (IEP). If your student doesn’t have an IEP and you wonder if a disability might be impacting your student’s learning, this is a good time to learn about the special education process. This article will help you learn the basics. You can also read PAVE’s article about Evaluation, the first step in the IEP process.

As you and your student get ready for school, the most important thing is the “I” in IEP. The “I” is for “Individualized,” so no two IEPs are the same! Your student has abilities and skills. A thoughtful IEP highlights abilities and helps your student access the supports needed to learn. With an IEP, a student with disabilities can make meaningful progress in school.  It also prepares your student for life after high school. An IEP is a team effort, and parents and students who learn about the process and fully participate get on a path for success.

FAPE is an acronym you want to know

When Congress passed the Individuals with Disabilities Education Act (IDEA) in 1990, special education got its most important acronym: FAPE. FAPE stands for Free Appropriate Public Education. The right to FAPE makes the IDEA law unique: It is the only law in the United States that provides an individual person with the right to a program or service that is designed just for that person. This is called an entitlement.

Entitlement means that a student with disabilities is served on an individual basis, not based on a system or program that’s already built and available.

When schools and parents talk about a special education program, they talk about the services and instruction that a student needs to learn in school. Every part of the IEP is measured against this question: How does this help the student receive the support needed to access a Free Appropriate Public Education (FAPE)?

Education is a civil right. Students have the right to access a free, public education through the age of 21. Students with disabilities identified through an evaluation process qualify for FAPE. Let’s take a closer look at the second word in FAPE: Appropriate. When an education is “appropriate,” it is designed to fit a specific student. Like a custom-made garment, it fits the learning style, capacity and specific needs of the student without any gaps.

The IDEA is based on an earlier law: The Education for All Handicapped Children Act of 1975. This federal law was the first one that required schools to create specific educational plans for students with disabilities. In 1972 a Washington, D.C., court said that education should be free and “suitable” for all children of school age, regardless of disability or impairment.

Parents can keep this in mind when they read through the IEP or when they prepare for IEP meetings. They can ask, Is the program or service suitable and appropriate, given my student’s abilities and circumstances?  

To qualify for an IEP a student is evaluated to see if there is a disability that is causing an adverse educational impact. The educational evaluation may show that the student has a disability that matches at least one of the 14 categories that are listed in the IDEA. Those categories are:

Autism

Deaf-blindness

Deafness

Emotional Disturbance

Hearing Impairment

Intellectual Disability

Multiple Disabilities

Orthopedic Impairment

Other Health Impairment

Specific Learning Disability

Speech/Language Impairment

Traumatic Brain Injury

Visual Impairment/Blindness

Developmental Delay (ages 0-8)

 

If the student, with parent input, is determined to “meet criteria” under the IDEA, then that student is eligible for special education services. Special education is a service, not a place.

Current federal law includes six important principles

The IDEA, which has been amended a few times since 1990, includes some important elements for  parents. Here’s a brief overview:

  1. Free Appropriate Public Education (FAPE): Students with disabilities who need a special kind of teaching or other help have the right to an education that is designed just for them.
  2. Appropriate Evaluation: The IDEA requires schools to take a closer look at students with suspected disabilities. That part of the law is called the Child Find mandate. There are rules about how quickly those evaluations get done. The results provide information that the school and parents use to make decisions about how the student’s education can be improved.
  3. Individualized Education Program (IEP): The IEP is an active program, not a stack of papers. The document that describes a student’s special education program is carefully written and is reviewed at least once a year by a team. This team includes school staff and parents/guardians and the student, when appropriate. Learning in school isn’t just academic subjects. Schools also help students learn social and emotional skills and general life skills. Every student has access to a High School and Beyond Plan by age 12 or 13. By age 16, an IEP includes a transition plan for life beyond high school. This helps the student make a successful transition into adulthood and is the primary goal of the IEP.
  4. Least Restrictive Environment (LRE): The IDEA says that students should be in class with non-disabled classmates “to the maximum extent appropriate.” That means that regular classrooms and school spaces are first choice as the “least restrictive” places. If the school has provided extra help in the classroom but the special education student still struggles to be successful, then the IEP team considers other options, such as a structured learning classroom. The school explains placement and LRE in writing on the IEP document.
  5. Parent and Student Participation: The IDEA makes it clear that parents or legal guardians are equal partners with school staff in making decisions about their student’s education. When the student turns 18, educational decision making is given to the student. The school does its best to bring parents and students into the meetings, and there are specific rules about how the school provides written records and meeting notices.
  6. Procedural Safeguards: The school provides parents with a written copy of their rights at referral and yearly thereafter. Parents may receive procedural safeguards any time they request them. They may also receive procedural safeguards the first time they file a citizen’s request in a school year or when they file for due process. Procedural safeguards are offered when a decision is made to remove a student for more than 10 days in a school year as part of a disciplinary action. When parents and schools disagree, these rights describe the actions that a parent can take informally or formally.

Ready, set, go! 5 steps for parents to participate in the IEP process

Understanding the laws and principles of special education can help parents get ready to dive into the details of how to participate on IEP teams. Getting organized with school work, contacts, calendar details and concerns and questions will help. Here’s the basic 5-step process:

  1. Schedule

    Evaluation is the testing that a school completes to determine if a student meets the requirements for an IEP. A teacher, administrator or parent can refer a student for an educational evaluation. If the student has never had an IEP and the parent is making the request, here are a few tips:  Make the request in writing, and know your rights if the school’s answer is no. PAVE provides a sample letter that anyone can use. You can request information and help at wapave.org

    Once testing is complete, the school schedules a meeting to discuss the results and whether a team will move forward in developing an IEP. ​Parents get a written invitation to the meeting. If the date and time don’t work, keep in mind that parents are required members of the IEP team. The school and family agree on a time, and schools document efforts to include parents at all IEP team meetings. You can ask ahead for the agenda to make sure there’s going to be enough time for the topics being discussed.

    The school’s invitation lists who’s going to be there. The team could be very large or very small depending on the needs of the student and the professionals involved. ​Team members include: ​

  • A parent or legal guardian​
  • A District Representative. A school administrator can fill this role, so this person might be a staff member from the district special services office, a principal, a dean or a building administrator. This person needs to know district policies and should have some power to make decisions and implement team recommendations.  ​
  • Experts to explain the testing results. This could be a school psychologist or a specialist such as a physical therapist, occupational therapist, Applied Behavior Analyst (ABA), a nurse, etc.
  • Any individuals with knowledge or expertise invited by the school, the student or family. Therapists, counselors, extended family and friends sometimes attend. ​
  • The student. Self-advocacy is important at all ages, but youth making after-high-school plans are especially encouraged to attend, participate or even lead their own meetings. Many parents bring out photographs of their student to place on the table during the discussion. Don’t be afraid to get creative to make sure that the “I” isn’t left out of IEP! ​

    If your student already has an IEP, a re-evaluation occurs at least once every three years unless the team decides differently. A parent can ask for a re-evaluation for different reasons. Usually, a re-evaluation will not occur more than once a year.

  1. Prepare

    Confirm the time and location for the meeting and read the attendance list. If a key member of the team is going to miss the meeting, you will have to sign consent to excuse that person. Ask to reschedule if you aren’t okay with that person being gone.

    You can ask for a copy of the evaluation results or a draft copy of the IEP before the meeting to help you get ready. You can collect letters or important documents from medical professionals or other providers to help you explain something that’s concerning you. You may write a short list of questions, so you don’t forget to ask something important during the meeting. Another option is to make a list of your student’s strengths and talents, to make sure that the school’s program builds on what already works. You can write a letter of concern and ask for it to be attached to the IEP document. Consider inviting someone to come with you, to take notes and help you stay focused. 

  2. Learn

    Knowing the technical parts of an IEP will help you understand what’s happening at the meeting. Remember that the IEP is a living program, not a document. The document that gets drafted, revised and agreed upon does the best job that it can to describe the positions and intentions of the IEP team. The document is a reference guide for the real-time programming that a student receives at school each day. The IEP is a work-in-progress, and the document can be changed as many times as needed to get it right and help everyone stay on track.

    This list includes the technical elements of an IEP:

  • Present Levels of Performance, statements that describe how a student is doing in academics, and can include Social Emotional Learning (SEL) and everyday life skills
  • Educational Impact Statement, describing the disability and its impact on learning
  • Annual Goals, including academic, social, emotional and functional goals. Goals should be SMART (Specific, Measurable, Achievable, Relevant and Timely). The IEP provides a specific way to check on progress.
  • Assessments: state testing scores, upcoming testing schedules and accommodations for access to the tests
  • Program, Placement, Related Services and Supplementary Aids. Special ways of teaching a student are always included in an IEP. How that instruction and the rest of services get delivered is different in every situation and requires collaboration and creativity.
  • Scheduling Details: time, duration and location for all special education programs
  • Least Restrictive Environment (LRE): Schools explain how much time a student spends in special settings instead of regular settings with general education students. A chart or “service matrix” on the IEP document shows how much time a student spends in each location. This section also describes how the placement meets the LRE requirement “to the maximum extent appropriate.”
  • Extracurriculars and other nonacademic activities and how they are accommodated
  • Extended School Year (ESY), if the IEP team believes it is necessary.
  • Behavior Intervention Plan (BIP), as needed, based on a Functional Behavior Assessment (FBA) and recommendations from professionals who work with the student
  • Transition Plan (required on an IEP at age 16). This can be key to a young person’s future, and families and students need to participate fully. Sometimes counselors from the Department of Vocational Rehabilitation (DVR) or another agency interview the student or even come to the IEP meeting to help.
  • Age of Majority statement and plan for the transfer of rights to the student unless parents have guardianship when a student is 18
  1. Attend

At the meeting, each person should be introduced and listed on the sign-in sheet. Schools generally assign a staff member as the IEP case manager, and that person usually organizes the team meeting. Any documents that you see for the first time are draft documents for everyone to work on. Remember that everyone at the table has an equal voice, including you!

Having a photo of a student who isn’t attending in the center of the table might help remind the team to keep conversations student-centered. Parents can help to make sure the focus stays on the needs, goals, strengths and interests of their student.

One key topic for discussion might be about the goals and how they are written. The acronym SMART can help the team make sure goals are Specific, Measurable, Achievable, Relevant and Timely. Ask how the school is going to keep track of progress. Decide as a team how often you would like progress reports.

You may discuss placement–where the school day will happen. Families and schools talk about how much time a student is spending in the Least Restrictive Environment (LRE):  Remember that LRE is one of the IDEA’s primary principles. Your opinion in this important conversation about inclusion matters! If your student is not participating with non-disabled peers in academic or extracurricular areas, ask for the reasons in writing.

At the meeting, behavior gets talked about if it’s getting in the way of a student’s ability to learn in school. You can request a Functional Behavior Assessment (FBA) so the IEP team can develop a Behavior Intervention Plan (BIP) to support the student. The U.S. Office of Special Education Programs has a document called a Dear Colleague Letter that describes the school’s obligations to provide behavior supports when they are needed. That document includes this statement:

“Parents may want to request an IEP team meeting following disciplinary removal or changes in the student’s behavior that impede the student’s learning or that of others, as these likely indicate that the IEP may not be properly addressing the student’s behavioral needs or is not being properly implemented.”

Specific goals for Social Emotional Learning and self-regulation strategies may be needed for appropriate and meaningful access to education. For more ideas, read PAVE’s article series about Social Emotional Learning

Here’s a list of other topics you may want to consider:

  • Modifications your student may need in class or for fire drills, lunch or recess support, walking to/from classes, etc.
  • Accommodations your student will need in class or for testing, such as earphones or a specific seat
  • Long-term goals: An IEP must include transition goals by age 16, and all Washington schools start Life After High School planning in middle school.
  • Extended time over breaks in the school year: Consider how your student might have a pattern of losing and regaining skills or information over extended breaks from school. You also might want to consider if your student is showing signs of emerging skills that potentially could be lost if an extended break from school happens.

Writing down how you plan to communicate with the school can help you participate in the IEP process. Your plan can be written into the IEP during your meeting. This is an individual education program and the team can agree on what is needed for everyone to work together for success. ​Here are a few ideas for ongoing communication with the school: ​

  • A journal that your student carries home in a backpack​
  • A regular email report from the Special Education teacher​
  • A scheduled phone call with the school​
  • A progress report with a specific sharing plan decided by the team​
  • Get creative to make a plan that works for the whole team! ​

During your meeting, ask questions if you don’t understand something. If it is said in the meeting, it can also be put into writing. For example: “The district doesn’t have the funding to offer that.” You can choose to respond, “Please put that in writing.” Any decisions that impact your student’s education or changes to your student’s IEP must be written down in a form called the “Prior Written Notice.” It is like a thank-you note sent after a party. The note states what happened, why it happened and who participated in the event.

​5. Follow up

Your meeting may resolve your concerns. If it doesn’t, consider adding notes to the signature page. You can ask for a follow-up meeting or write a letter to be attached to the IEP document. Make sure to follow through with whatever communication plan the team agreed to. The IEP team reviews the program at least once a year but can meet and change the program more often, if needed.

This article began with a brief history of special education law. Parents have played an important role in that history, and they continue to impact the way that special education is provided in the schools. A recent court case that started in Colorado went all the way to the Supreme Court. That case, referred to as Endrew F, raised some standards related to the IEP. PAVE published an article on Endrew F that includes resource links and tips for using language from that court ruling to help in the IEP process.

If all of this sounds a little overwhelming, you can break the work into steps. Figure out the best way to help your family stay organized with paperwork and information. Choose a calendar system that helps you track appointments and deadlines. Collect and mark the dates for major school events, such as back-to-school night and parent-teacher conferences.

You can choose to print this article and highlight the sections you want to remember. Tuck the pages into your notebook or file folder, with the most recent copy of the IEP.

Talking about the upcoming year with your student can help to reduce worries.  Talk about new activities, classmates and things that will be the same or familiar. Find out if your school has an open house, and plan to attend. At your visit, talk about the school with your student.  What do they like or not like?  What’s new or different? What questions do they have?  Take pictures during your tour, and you can review them in the days right before school starts.

Try to meet with your student’s teachers and other school helpers, including therapists or even the bus driver, if possible. Helping your student to establish relationships early can ease worries and help the school team know what makes your student unique and awesome. Share a simple “quick reference” version of the IEP or Behavior Plan, if available.  You can also write your own simple list of suggestions for success.

From all of us at PAVE, we wish you a happy and successful school year!

Resources for more information:

Office of the Superintendent for Public Instruction (OSPI) Special Education Resource Library

Open Doors for Multicultural Families: Resources

Center for Parent Information and Resources (CPIR/Parent Center Hub)

Wrightslaw: Tips for Using the IDEA to improve your student’s IEP

Regulations governing the development and content of an IEP are contained in the Individuals with Disabilities Education Act (IDEA, Public Law 108-446), and in the Washington Administrative Code (WAC 392-172A).

 

 

Attention Teens: You Can Lead Your IEP Meeting

If you are a student with an Individualized Education Program (IEP), you are in charge—even if no one ever told you that!

This individualized program and all that paperwork are about you: your goals, skills, interests….  As members of your IEP team, the school and your parents are offering to help you be your most awesome self, but you are the expert about your own life. Leading your own IEP meeting might be a great way to start taking charge of your education and your future.

If you’re getting close to your 16th birthday, you’ll want to pay extra attention to this idea because a Transition Plan gets added to your IEP in the school year when you turn 16. You may have started planning when you were middle school, when a teacher or counselor probably started helping you work on a High School and Beyond Plan. This plan is required for all students to graduate in Washington State. Now is a good time to take another look and think a little more carefully about what you want to do in the future. Here are some starter questions:

  • Where will you work?
  • Do you see yourself in college or in a vocational program?
  • Are you going to drive or cook or take a bus to the grocery store?

Setting goals and making some preliminary plans now will help your school and family help you make sure you’ve got the right class credits, skills training and support to make that shift out of high school easier.

Being a leader at your IEP meeting is a great way to build skills for self-advocacy and self-determination. That means you can speak up for yourself and help others help you. At your IEP meeting, you can practice describing what helps you or what makes your life harder. You get to talk about what you do well and any projects or ideas that you get excited about. In short, you get to design your education so that it supports your plans to design your own adult life.

You can also invite other people to your IEP meetings. Maybe you have an aunt or a brother who knows you well and might have some great ideas? You can invite anyone to help you create a better IEP.  Remember the first letter in IEP stands for “Individual.” That’s you, so speak up!

Here are links to more ideas and tools to help you get involved in your own future planning:

The Center for Change in Transition Services has a toolkit just for you

Here are some other great Student Resources

A Supreme Court Ruling Could Impact Your Child’s IEP

A Brief Overview

  • The parents of a child named Endrew F argued that their son with a disability deserved more from his public school. They appealed their case all the way to the Supreme Court, and the ruling in their favor could mean more robust rights for all children with Individualized Education Programs (IEPs).
  • The implications of this unanimous decision are reverberating through schools and agencies that oversee special education. Read on to learn how you can participate in important conversations about these uplifted standards.
  • Learn key phrases from this ruling to help you be a proactive member of your child’s IEP team. The U.S. Department of Education has an important guidance document that includes some of this language: For example, a school must offer an IEP “to enable a child to make progress appropriate in light of the child’s circumstances.” The court additionally emphasized the requirement that “every child should have the chance to meet challenging objectives.”
  • This article and the included resource links can help you understand the Endrew F ruling and how you might use this information in advocating for your child’s rights.

Full Article

Endrew F (Drew) is a student with autism, ADHD and challenging behaviors. His disabilities impact his academic and functional skills, including his ability to effectively communicate about his emotions and needs. He attended a public elementary school in Douglas County, Colorado, and qualified for special education with an Individualized Education Program (IEP). His parents moved him to a private school in fourth grade, arguing that:

  1. Drew did not make measurable progress on the goals set in his past IEPs, and
  2. The IEP did not address Drew’s escalating behavior problems.

Drew had more success at the private school, and his parents filed a Due Process complaint with the Colorado Department of Education in 2012. They requested reimbursement for the private school tuition on the basis that the public school had failed to provide access to a Free Appropriate Public Education (FAPE), which is a cornerstone of the Individuals with Disabilities Education Act (IDEA), the federal law that governs special education.

The parents argued, and lost, at the state, district and circuit court levels. These lower courts ruled that because Drew had made at least some progress toward his IEP goals, then the school had met its obligation to provide FAPE. Wrightslaw is one source for more detail about the case and its history.

The family filed an appeal with the Supreme Court of the United States (SCOTUS), and on March 22, 2017, the court ruled in their favor. The ruling, which took effect immediately, ended a discrepancy in circuit courts across the country by determining that a trivial amount of progress (“merely more than de minimis”) is insufficient to satisfy a student’s right to FAPE. In order to meet its “substantive obligation under the IDEA,” the court stated, “a school must offer an IEP that is reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

Since then, a variety of agencies have been analyzing the court’s unanimous ruling and creating guidance documents to help schools and families understand the implications of this case. On April 9, 2018, The Office of Special Education Programs (OSEP) provided a two-hour webinar with speakers from various education fields to discuss the ruling and its broad-sweeping impact on schools and families. Parents need to understand this case, the experts agree, because family voices are critical to raising the level of expectation.

High expectations are a theme in discussions about the ruling. Some other emerging themes:

  • Parents/guardians are the first and most important lifelong teachers of their children. They, therefore, need to be fully welcomed and heard as key collaborators in the process.
  • IEP teams need to assure relevance when writing appropriately ambitious IEP goals for lifelong learning and success in varied environments. Goals toward narrowly defined academic “mastery” often miss this opportunity to create flexible learners.
  • State academic standards should be noted at the IEP table, but challenging objectives are to be individualized, not “one size fits all” or based in goals generated by computer data programs.
  • Educational benefit is determined on an individual basis, and standards for measurement must be varied and rigorous to ensure meaningful progress.
  • An IEP with the same goals year-after-year does not meet the standard of FAPE.

The Statewide Parent Advocacy Network (SPAN) issued a summary of the Endrew F ruling that includes a list of “Roles and Responsibilities” for professionals and families. “This new standard will require a prospective judgment by school officials that will be informed not only by the expertise of school officials, but also by the input of the child’s parents and guardians,” SPAN stated in this overview document.

Understood, a consortium of non-profit agencies committed to providing information on attention and learning problems in children ages 3-21, developed a free, downloadable Endrew F Advocacy Toolkit that provides a four-page handout of Talking Points and a four-page IEP Worksheet to assist parents in using principles from the Endrew F ruling in their own advocacy. For example, the court’s ruling included the words “appropriately ambitious” as a requirement for IEP goals. The worksheet offers a place where a parent can record a list of areas that they feel a child’s goals might not be ambitious enough. The worksheet then suggests a script for a parent to use at an IEP meeting:

“I know that my child’s goals should be appropriately ambitious. Even if my child is behind in academics, the IEP goals should aim to help my child catch up. When can we look at present level of performance and put services and supports in place, so we can set goals that allow my child to meet the same standards as his peers?”

The National Center for Parent Leadership, Advocacy, and Community Empowerment (National PLACE) offered a Webinar to explain how the ruling provides families with a new advocacy tool. PLACE, a membership organization whose website is named “Parents at the Table,” has made available some resource documents, including a Power Point with a set of slides titled: “What Parents Can Do.” For example, PLACE suggests that parents prepare questions for an IEP meeting using key phrases pulled directly from the Supreme Court’s ruling. Here are some sample questions:

  • Has the team carefully considered my child’s potential for growth?
  • Have we considered whether my child is on track to achieve or exceed grade-level proficiency?
  • Are the goals appropriately ambitious, with sufficiently challenging objectives?
  • How is the IEP reasonably calculated to enable my child to make progress appropriate in light of his circumstances?

PLACE emphasizes that parents should not accept an IEP with the same goals and objectives from year to year, indicators that a child has failed to make meaningful progress. And, using language directly from the SCOTUS ruling, PLACE encourages parents to hold schools accountable for a child’s progress by requesting a “cogent and responsive explanation” for decisions about goals and progress measurements.

Diana Autin, an attorney and executive director of National PLACE, uses the webinar platform to review foundational principles of the IDEA, re-authorized by Congress in 2004, to set a stage for understanding new guidelines related to the SCOTUS ruling. “It’s important to note that Endrew F can’t be understood or defined or used without it being within the context of the IEP requirements of IDEA,” she says.

Autin shares the PLACE webinar platform with Michael Yudin, former assistant secretary at the U.S. Department of Education and a longtime national leader in disability rights. Yudin points to key language in the ruling that clarifies earlier Department of Education guidance documents that he helped develop. The heart of IDEA, he says, is specially designed instruction that helps students reach goals that are “ambitious but achievable” and in alignment with grade-level content standards. “Specially designed instruction is adapting as appropriate to the needs of the child,” Yudin says, “so that the content, methodology and the delivery of instruction are appropriate to ensure access to the general curriculum so that the child can meet the educational standards that apply to all children.”

Inclusion sometimes requires access to specially designed instruction in Social-Emotional Learning (SEL), and the Endrew F decision reinforces the IDEA’s requirement for necessary behavioral interventions and supports, Yudin says. “This guidance clearly states that failure to consider and provide those needed behavioral supports and interventions through the IEP is in fact likely to result in a denial of FAPE.”

The child at the heart of this landmark case, Drew, struggled with phobias and had behaviors that included screaming, climbing over furniture and occasionally running from school. According to the PLACE webinar: “His parents believed that his progress had stalled and that the strategies used to address his behaviors were insufficient to allow him to learn.” Behavior interventions at the private school chosen by Drew’s parents helped, and his access to learning improved. In considering all aspects of the case, including a lack of suitable behavior interventions, the Supreme Court ruled that the public school had denied Drew access to FAPE.

A child “must be afforded the opportunity for significant learning,” the court stated. And individualized supports and programming must provide for more than “de minimis,” or trivial, progress to meet the standard of FAPE. “For children with disabilities, receiving instruction that aims so low would be tantamount to sitting idly,” the court wrote, “…awaiting the time when they were old enough to drop out.”

The ruling in Endrew F has brought new emphasis to existing policy related to discipline and behavior. On August 1, 2016, the U.S. Department of Education issued a Dear Colleague guidance document to establish clarity about the IDEA’s requirements for behavioral assessments and interventions. “Recent data on short-term disciplinary removals from the current placement strongly suggest that many children with disabilities may not be receiving appropriate behavioral interventions and supports, and other strategies, in their IEPs,” the document states. “In light of research about the detrimental impacts of disciplinary removals… the Department is issuing this guidance to clarify that schools, charter schools, and educational programs in juvenile correctional facilities must provide appropriate behavioral supports to children with disabilities who require such supports in order to receive FAPE and placement in the least restrictive environment (LRE).”

The Office of Special Education Programs (OSEP) offered a summary of policy that included this statement: “Parents may want to request an IEP Team meeting following disciplinary removal or changes in the child’s behavior that impede the child’s learning or that of others, as these likely indicate that the IEP may not be properly addressing the child’s behavioral needs or is not being properly implemented.”

For further information about the Endrew F decision and its implications, refer to the following resources:

The Center for Parent Information and Resources/Parent Center Hub

National PLACE/Parents at the Table

Wrightslaw

Understood Endrew F Advocacy Toolkit

SCOTUSblog

SPAN Parent Advocacy Network

OSEP IDEAs that Work

 

 

 

Q&A – IEP vs 504

You Asked, We Answered!

Question One:
My son was evaluated by my district and they determined that he was not eligible for an IEP but recommended a 504 plan. I asked for a copy of the Evaluation Report at the meeting and was told they would get it to me as soon as it was finalized. That was three months ago. I have since reminded the psychologist who continues to ignore me. What would be my next step?

There are several laws that give you the right to have a copy of everything in your child’s school file. The Family Rights and Privacy Act, IDEA and our Washington Administrative Code to name a few. At this point I would put your request in writing to your special education director with a copy to the school psychologist. You might also want to give them a day and time that you expect to receive this document.

In addition, you also have a right to a copy of anything your child has written on in a test instrument. For example, an IQ test where a student has been asked to draw, print or write a response parents have a right to a copy of that page.

Question Two:

Is it alright to receive a Prior Written Notice by email if I request that mode of communication? I find it to be the easiest for me. Besides we have tried receiving these notices home with my child in his backpack or mailed to my post office box and this is not working. Either I get the notice late or something “eats” the notice before I get it out of the backpack.

A parent of a student eligible for special education may ELECT to receive prior written notices, procedural safeguards notices and notices related to due process hearings requests by an electronic mail communication, if the school district makes that option available. (WAC 392-172A-05020) We would certainly request that the district use this option. You might want to use email to make your request.