One of the things we have realized during our years of doing this now, is that it is not just about grades.

Often when we find ourselves challenging a school on their responsibility to child find (identify a student's need for assessment and possible designation of special needs) because they say, "But her grades are so high we assumed their couldn't be a problem."  Know as a parent or advocate for a child, that the letter grades they give in the classroom is only one metric used in identifying a child with special needs and it is not even the most heavily weighted metric.

I find myself smiling as I type this post because it is truly interesting how these districts tend to take whatever stance that supports the decision they made.  We have had districts take both stances.  Some want to their grades are too good so it's no other services needed while others will say because they can never really do well in class there is no need to give them more services.  At the end of the day, the school and district are responsible for identifying students that may benefit from special services and then providing them with every service possible to provide that student the opportunity to access free and public education (FAPE).  

If your child has good grades but finds themselves always in trouble, feels depressed or is withdrawn, they might qualify for special education and benefit from a program designed specifically for them.  We recently had a student that had been expelled from a school in his district and forced to attend one that was further from his home because of a behavior issue.  This was a 3.0 student that once assessed was found to have a specific learning disability.  It was this disability that caused his new problems in high school that led to his behavior issues on campus.  This is where we can help.  If this story sounds familiar, contact our office.  We can help!

It's absolutely astonishing what goes on under our own noses with absolutely zero to no attention.  Thanks to our new friends over at Advocates For Justice (AFJ), we have learned so disgusting facts about how one segment of the student population in Modesto City School District is being unjustly punished.  During a 7 year period from 2006 - 2013, this segment of 414 7th and 8th grade students were suspended and astonishing 586 times!  

How does something like this not get any attention?  How can justice and punishment be dispensed in such disproportion?  The answer comes down to parents not having any support!  The answer comes down to parents not knowing their rights and districts not caring to inform them of their rights!  

I recently had to opportunity to speak with the parents of a student in this targeted segment of the student population and the type of intimidation tactics and lack of regard for the law that they described to me has me angry!  

Anyone out there that knows people in the Modesto area whose child has been unfairly suspended or expelled please have them contact us!  WE CAN HELP!!!!

One of the most important things that parents should know when it comes to the IEP is that if they do not agree or understand something in the IEP, they DO NOT have to sign it!

Check out this investigative special.  It's hard to go at it all alone.  We can HELP!!

Hey there people.  Ty Amey here to share a true story with you.

We recently had a client in the Bay Area who's parents were extremely active and involved but needed some professional support.  I won't go into the entire history because I only want to share one particular point with you.  

During an IEP for the client, the one of the members of the schools IEP team actually said, "…the idea of jane doe catching up is an unfair goal."  HUH???  Now we are talking about a 3rd grader performing at a kindergarten level and catching up isn't the goal?  

It's tragic how these schools have just written off so many children with special needs simply because they don't care to provide the extra resources and attention the child may need.    

It is critical that parents know their rights and their children's rights when it comes to their education.  If you don't know, we can help!

Hello there!  Ty Amey here again and I want to talk about assessments a little.  Enjoy......

You have to know where you are in order to properly map out where you are going.  This is why a thorough assessment is critical to developing an effective IEP.  Depending on the specific abilities of your child, the type and number of assessments needed for your child may vary but the need for their completeness and accuracy remains a constant.  There are a few things every parent or advocate should specifically pay attention to when discussing assessments during the IEP.

1. When were the assessments completed? - You want to make sure the assessments are current in order to ensure the relevance of their content.  You also want to ensure they assessments were not done in a hurried or rushed fashion because that will also decrease the accuracy of the assessment.
   
2. Who completed the assessments? - You want to make sure that the individual or team of people that conducted the assessment posses the proper qualifications and experience to conduct a thorough assessment. 
   
3. How much time was spent on each assessment? - Good, accurate, comprehensive and thorough assessments tend to take time.  Time that many teachers and administrators tend not to have.  When preparing a plan for the education of your child, it is critical to know the exact level of development and ability your child currently possesses.  Two classroom observations totaling 45 mins of assessment time is usually not enough to truly determine where your child stands.  

These are just a few things to watch for when discussing your child's assessment during an IEP.  At LONHA, our attorneys and advocates have the experience and expertise to really ensure all assessments provide the thorough and relevant data necessary to plot your child's development course.

Hey there!  This is Ty and I just wanted to share a little bit about IEP goals.

As an advocate, one of the things I often see during IEP's are vague and poorly defined goals if they even have goals at all. I tend to devote a great deal of my focus on the goals during IEP's because I am a numbers guy.  When I read an IEP and analyze the current goals vs. former goals, I can usually get a great feel for how the IEP and school has performed.  A few things you want to pay attention to when review goals are:

1. Progress - The purpose has to be improvement.  Whatever programs or instructional tools the school uses has to show results.  It doesn't matter how much they like a program or even how much you may like it, if your child is not showing progress you need to try something new.
2. Measurable - You can have the best goals in the world but if you don't have a specific, reliable, and accurate way to measure progress towards that goal, you are unlikely to reach them.  You want to make sure not only are the systems in place to measure progress, but to also make sure YOU understand the who, what, when, where, why, and how of the systems.
3. Comprehensive - Make sure their are goals for each and every area of your child's educational development.  Each and every program that is in place for your child should have a goal attached to it.  Everything that you discuss in the IEP in regards to how the district or school plans to educate your child should have a goal.  

At LONHA we strive to assist our clients in assuring we have the mechanisms are in place to allow us and the parent to hold the school and school district accountable.  Our experience in IEP's and special education advocacy enables us to ensure each and every IEP is exactly what it is supposed to be and that is an Individual Education Program specified to the needs of your child.

      I recently worked on a case and discovered the school district held a 30-day IEP, and removed a student’s behavior support plan, without the presence of a school psychologist or a person qualified to explain to the parent and student, the implications of the removal of that behavior support plan.

Section 300.9 of Title 34 of the Code of Federal Regulations defines INFORMED CONSENT.

 Consent means that--

(a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication;

(b) The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and

(c)

(1) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime.

(2) If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).

(3) If the parent revokes consent in writing for their child’s receipt of special education services after the child is initially provided special education and related services, the public agency is not required to amend the child’s education records to remove any references to the child’s receipt of special education and related services because of the revocation of consent.

(Authority: 20 U.S.C. 1414(a)(1)(D) )

Title 34 of the Code of Federal Regulations states who the school must have in attendance at an IEP to create a team.

§ 300.321   IEP Team.

(a) General. The public agency must ensure that the IEP Team for each child with a disability includes--

(1) The parents of the child;

(2) Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);

(3) Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child;

(4) A representative of the public agency who--

(i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;

(ii) Is knowledgeable about the general education curriculum; and

(iii) Is knowledgeable about the availability of resources of the public agency.

(5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in paragraphs (a)(2) through (a)(6) of this section;

(6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and

(7) Whenever appropriate, the child with a disability.

    

      In the matter I am working on, I do not believe the parent could consent to the removal of the Behavior Support Plan, because the absence of a person who could interpret the instructional implications of evaluation results as described in part (a)(5) of § 300.321 , was not present.

     I will devote a separate blog  article to the purpose of a 30-day IEP. Parents should be aware of the schools limits, because removing services at a 30-day can lead to disaster, when the appropriate team members are not present and records have not been thoroughly reviewed or obtained.

     Parents please remember that you have a right to certain professionals at your child’s IEP.  You must provide written consent to exclude those professionals. Do not allow the District to give you a piece of paper and tell you to sign it.  Read it, and discuss it aloud.  Each team members should give you details on your child. Those details will assist in designing an appropriate program for your child.

   This week I discovered a student who was exited from special education and given a 504 plan.  The parent felt that the IEP was not working, the student was frustrated and felt singled out by the additional adult support.

    I believe the student would have been better served by a IEP that offered proper supports and services. I advised parents of the greater protections offered under the IEP.

   A 504 Plan and an IEP provide protections to students with disabilities, but the protections offered by IEPs and those offered by 504s are not the same.

   Section 504 of the Rehabilitation Act of 1973, is a broad federal civil rights law. Section 504 prohibits discrimination on the basis of a disability. The law requires agencies, schools or institutions to eliminate any barriers that prevent persons with disabilities from participating fully in educational programs offered by the agency. It requires a written 504 Plan identifying reasonable accommodations that will be made to give the child equal educational access.

Section 504 defines a person with a disability as:

• Having a physical or mental impairment which limits one or more major life activity;
• Have a record of such an impairment; or
• Are regarded as having an impairment.

The federal Individuals with Disabilities in Education Act (IDEA) requires that eligible students ages 3-21 receive a written individualized education program (IEP) that provides for personalized supplemental educational supports and services in order to make meaningful progress in school at no cost to the parents. This requirement makes IDEA an excellent law for students with special needs. 

PROCEDURAL SAFEGUARDS

IDEA

Requires written notice to parent/guardian prior to identification, evaluation and/or placement of child.

Changes of services or placement must have written notice before any change can take place. Requires due process rights to be followed at all times and manifestation determination hearing for discipline procedures.

For any child with behavioral concerns a Functional Behavior Assessment (FBA) must be completed and a Behavior Intervention Plan (BIP) written to assist student in learning appropriate behaviors and providing supports to enable student to be successful in their learning community.

504

Does not require written notice.

Requires notice before a "significant change" in placement — requires due process rights if referred for formal evaluation under IDEA, and the team determines not to evaluate.

    IEP or 504

   A family should consider the needs of their child when deciding to accept a 504 or push for an IEP.  If your child has  a disability that does not directly impact the child's ability to learn, a 504 plan may be most appropriate. 

    If the child requires curriculum modifications, supports and/or "specially designed" instruction an IEP will best serve and protect the child.