Читать книгу The Special Needs SCHOOL Survival Guide - Cara Koscinski - Страница 8

Chapter 1

IEP 101—What You Need to Know

About IEPs and 504 Plans; What Are IEPs?

The acronym IEP stands for Individualized Education Program. It was derived from the Individuals with Disabilities Education Act (IDEA). Once qualified under this act, the child (according to part b of the IDEA) qualifies for a Free and Appropriate Public Education (FAPE). Each student between the ages of three and twenty-two should have access to general and special education services free of charge. Additionally, the student with disabilities must have access to the same educational services as students without disabilities. This rule includes extra-curricular events. A student with special needs may also qualify for a behavioral intervention plan. The plan is administered along with the regulations of the IDEA law. Remember though, all students are responsible for following the rules of their school districts, but if the student with an IEP requires disciplinary action, the team must discuss whether or not the student’s disability contributed to his behavior. It is quite complex and is far from black and white, so it’s important to understand your student’s rights.

To qualify for this program through the IDEA law, the student must have one or more of the disabilities listed. There are thirteen of them. (Please refer to www.wrightslaw.com for details.) The key is that the disability must adversely affect the student’s performance in school/education. As a result of the disability, the child needs specialized education services to make progress in school and to benefit from the general education program. The purpose of any IEP must be to provide a program that is specifically tailored to each student’s needs. The IEP refers both to the meeting held to make the document and the actual document created at that meeting. The goals specified within it must be measureable with smaller and more detailed goals (called short-term goals). The IEP needs to be updated every three years, if not before. The IDEA also outlines what options a family has if they disagree with the outcomes of the IEP meeting. According to the Rehabilitation Act of 1973, there may be no discrimination of any student going to a school which is federally funded. The key is that the disability substantially limits major life activities. Another law, the Americans with Disabilities Act (ADA) applies to education because its goal is to prevent discrimination against those with disabilities. Additionally, Congress updated the IDEA in 2009 to ensure that all accommodations which were previously not documented must now be formalized. It’s important to note that plans are included if students attend a school that is government funded.

What Should I Do if I Think My Student Needs an IEP?

It’s your right to investigate and learn how your student is performing in school. You can communicate with teachers, ask for progress reports/tests/work samples, and even visit the school to observe your student in the classroom. Most parents are unaware that there may be additional programs available to children who need them. It is important to be polite and respectful to school staff. However, know your rights as a tax-paying citizen.

When parents suspect that their child needs additional support to learn, the parent’s next step is to request an evaluation for an IEP in writing. Sometimes, the school staff/teachers will recommend an evaluation. You will be notified of their request and will be asked to sign a paper asking for permission/consent for evaluation.

I have had the benefit of sitting through hundreds of IEP meetings over the years. It’s been quite interesting to attend as the parent, advocate, and OT! Thankfully, there are quite a few helpful ideas I’ve learned.

If you are mailing the request for an IEP evaluation, send it via certified mail. This way, you will be certain that the school has signed for and received your request. Any formal documentation you keep as a parent will prove helpful if any difficulties arise. As with any other situation, creating a paper trail will be quite beneficial. My theory is that if it’s not written down, it didn’t happen! I highly recommend purchasing a three ring binder solely for IEP-related documents. The binder should contain school information and district policy on IEP; your child’s strengths and weaknesses; a copy of the Procedural Safeguards Notice (see next section); professional evaluations and reports relating to your child’s diagnosis; current level of function; any classroom observations you’ve done; and any medical needs. Despite many nightmare stories you may have heard about IEPs, with a positive attitude and by developing a good relationship with the school district, a wonderful plan is possible.

What Do I Need to Know Before the Evaluation and IEP?

After it is determined that your student will be evaluated, the school is required by law to give parents a copy of the “Procedural Safeguards Notice.” This document informs caregivers and parents what legal rights they have in order to make sure that their student receives the services that he or she needs. In the US, the CPIR (Center for Parent Information and Resources) www.parentcenterhub.org is a wonderful site as it provides information about where you can find help in your state if you have any questions. Since each state has different rules and timelines, it’s critical to familiarize yourself with the specific timelines in your state for evaluation, IEP meetings, annual updates, etc. The Procedural Safeguards Notice is to be in the native language of the parents. I recommend this is kept in the IEP binder for future reference as well. If you lose or misplace it, you have the right to ask for the document at any time. School districts often post this information on their websites for easier reference. The more you know as the caregiver, the better you will be able to advocate for your student. Isn’t this the best policy every time?

According to the National Center, “Schools must provide a copy of the Procedural Safeguards Notice¹:

• Upon initial referral or parental request for evaluation;

• Once each school year (for students eligible for IDEA services);

• When parents first file a complaint (either a state complaint or due process complaint);

• When the student is removed from his or her current educational placement because of a violation of a code of conduct;

• Upon request by the parent.”

What Is Included in the IEP Evaluation?

Before we discuss the actual evaluation, it is important to let you know that the school must discuss what the evaluation will entail. If you feel that there are specific areas of testing or types of assessments your student may 4 need, you have the right to mention your concerns to the evaluation team. Additionally, you may object to any test you do not want completed. The evaluation must use proven testing in many areas; it should include teacher input; should include any previous data collected on your student; and should consider all areas of disability. Most people don’t know that the evaluation must be completed in the student’s native language to ensure he understands all of the tasks asked of him.

The school district has 45 days (from the date of request to evaluate, according to www.wrightslaw.com.) to evaluate the student and produce a report for the review of the team and parent. Once the evaluation process is completed, the report must be provided within a specific time frame. According to Nolo’s IEP Guide: Learning Disabilities (Siegel, L. 2003) (2), the “initial IEP meeting must be held within 30 days after the school district determines your child is eligible for special education.” The team must inform and invite the parent/ caregiver to the meeting with a letter and the date/time/location of the team meeting must be convenient for both the school and the parent(s). Parents are encouraged to participate in the evaluation and referral process as well as attend IEP, annual, and review meetings.

Each state/district may have specific time line requirements. Remember that states must follow Federal law, but can have additional stipulations. Reference the website above (CPIR - Center for Parent Information and Resources at www.parentcenterhub.org) for your state’s requirements.

If you’d prefer to do so, you may choose to have an independent assessment done by someone suggested by your pediatrician. However, the school district does not have to pay for that evaluation. When your child is having the first or initial evaluation to determine IEP eligibility, you may have the school complete it or you may choose to pay for an independent evaluation on your own. Additionaly, you may or may not choose to provide a copy of the independent evaluation to the school. Remember, the more information the team has about your student, the better the plan will be.

Every parent has the right to view and have a copy of the evaluation done by the school. Request a copy in writing. If you do not deliver the request personally, send your letter certified for proof of delivery. The results of the evaluation may be disputed or challenged by the family. I recommend you thoroughly read and review the report. Highlight things you agree with in one color and results you do not agree with or do not understand in another color. Write all questions down in the margin for easy reference later.

NOTE: If a parent does not agree with the initial (first) evaluation provided by the school district, they have the right to request a second outside evaluation. This second evaluation must be approved by the team and must be completed using the same standards that the school district has. Discuss this with the district prior to having the evaluation done as they must agree to the conditions of this second evaluation if you want them to pay for it.

What Can I Expect at the IEP Meeting?

The IEP meeting can often bring about feelings of stress. Of course, you want to create the best possible plan for your student. Find out ahead of time who will be attending the meeting. Ensure you take along the binder I discussed earlier in this chapter. It’s fine to bring a support person who will help you to feel confident and relaxed. It is your legal right to have an advocate present who is familiar with the IEP process. Often, having someone with you gives you another set of eyes and ears in the meeting.

The caregiver or legal guardian, regular education teacher, special education teacher, school/local education administrator, the student, and other 6 professionals who are determined to be necessary by the team will attend the IEP. Some may serve double roles, for example, the school principal may be the education administrator. Other individuals may be the OT, SLP (Speech Language Pathologist), PT (Physical Therapist), a translator, aides, autism specialist, social worker, psychologist, anyone you would like to attend, reading specialists, low-vision specialists, and many more depending on your student.

Additionally, make sure you are familiar with the language used in the IEP and if possible, do some research on sites such as the NCLD (National Center for Learning Disabilities (www.NCLD.org); Wrightslaw (www.wrightslaw.com); and School Psychology (school-psychology.org). The 1997 update to IDEA (Individuals with Disabilities Education Act) outlines the required content for what needs to be contained within an IEP. The following site has downloadable PDF or Word documents on the US Department of Education’s website (www.ed.gov) which outlines the requirements.

IEPs have several required components. The following information should be included in the IEP:

• identifying information;

• present levels of academic achievement and functional performance It’s very important to ensure this is correct as it is the level at which the student is currently functioning. Review and discuss any disagreements with the IEP team;

• what makes the student eligible or how he is affected in school by the disability;

• behavior interventions/plans;

• English proficiency, communication, visual or hearing impairments;

• measurable annual goals and objectives with short-term benchmarks;

• special education, related services, and supplementary aids and services;

• amount of time students will participate in general education classes and the best way to meet the student’s needs in general education (including extra-curricular activities);

• participation in state or district-wide academic assessments (including accommodations to be provided and reasons for using an alternate assessment if the child will not participate in the regular assessment);

• initiation date and projected duration of IEP;

• transition services (students aged fourteen and older);

• how student progress toward annual goals will be measured and how/ when periodic reports will be provided to parents;

• when students will have access to and participation in the general curriculum;

• whether or not the student qualifies for ESY (extended school year).

All states must follow Federal requirements and states may have additional regulations. In fact, each state is required to have a special education advisory commission. Please contact your state’s CPIR (Center for Parent Information and Resources www.parentcenterhub.org) for the state’s commission and for updates to special education law.

It is important to know that you do not have to sign the IEP if you disagree with it. You need to sign only the attendance form that you were present at the IEP. Some parents sign the IEP and note next to their signature that they do not agree with the plan. If you choose not to sign agreement of the IEP document, take it home, review it, and make notes about what you do and do not agree with. Write your disagreements down and add your signature. Please check www.Wrightslaw.com website for help with what to do when you disagree with the IEP as the IDEA requires “due process” hearings when disagreements occur. This is a complicated topic and since I’m not an attorney, here’s a reference to an excellent resource for IEP information and legal information is Nolo’s IEP Guide: Learning Disabilities (5^th edition) by Attorney Lawrence M. Siegel. It’s available wherever books are sold. (3)

What Is a 504 Plan?

One of the most frequently asked questions I receive is about the difference between IEPs and 504 plans. A 504 plan originated from a civil-rights law, the Rehabilitation Act of 1973 (section 504). The benefit is to remove any barrier that would prohibit students with disabilities to participate freely in education. Students who qualify for IEPs (remember, they are under the Individuals with Disabilities Education Act, or IDEA) require far more assistance to participate in their education. In essence, students who do not qualify for the classifications in the IDEA, but require some additional help to be able to fully participate in school may receive a 504 plan. The 504 plan and the Americans with Disabilities Act (ADA) help to protect all students from discrimination due to their disabilities.

What is considered a disability under section 504? Any student who has a physical or mental impairment that may limit one or more major life activities are regarded as having an impairment; or has any record/documentation of an impairment qualifies. Any disability that’s documented, such as food allergies, feeding tubes, diabetes, wheelchair/walker/crutches use, among many others will qualify. Remember, you have the right to request an evaluation by the school district to determine if your student will qualify for either an IEP or 504 plan.

The 504 is a list of specific accommodations that must be made for the student who needs them. There must be removal of all barriers in the regular education program for these students. Also, there is no funding from the IDEA for these supports. Either the school or the parents can request an evaluation. If the school requests it, the parents should be notified that the evaluation is taking place. Additionally, the evaluation must have input from a variety of sources, including those involved in the student’s education. When the meeting occurs for the 504 plan, the team comes together to discuss the accommodations which would best benefit the student. In essence, most of the accommodations listed in 9 this book (with the exception of specific educational placements) may apply and be included in the student’s 504 plan.

In my experience, there are some school districts that prepare a standard list of accommodations for a specific diagnosis and there is no such list. The purpose of the 504 plan is to look at the specific needs of the child being considered. Since every child is different, every 504 plan should be. Make sure you communicate with the team to see how the plan is working and re-evaluate the accommodations and plan annually (if not before).

Did you know that section 504 applies to colleges and adults in the workplace? It’s true! Anyone working for or attending a school which accepts federal funding must make accommodations for anyone who qualifies for the civil-rights law, the Rehabilitation Act of 1973 (section 504). Many people do not know their rights according to the law. It is for this reason that you should continue to meet with the guidance/counseling team in college and provide them with a copy of the most current 504 plan. Make sure to keep it updated in college because your employer needs to make these same accommodations for you too! This is very exciting and many people do not realize the benefits of this law throughout their lifetime! There are many ways to have the best and most successful life possible. Know your rights and never stop asking questions or advocating for yourself.

What Is the Difference between an Accommodation

and a Modification?

An accommodation is a change in the way a teacher delivers the target skill information (the concepts which are being taught) to the student; the response given by the student; the way in which the student responds and answers to demonstrate they understand; the time given for tests and assignments; the setting in which the student takes tests. We do not change the goals for the student’s education. For example, Jennifer has difficulty with distractions in the classroom when she is taking a test. Her IEP allows for the accommodations of taking the test in a quiet setting (guidance office) with additional time. Another student with sensory processing disorder has difficulty sitting still during science class. Her IEP allows for the accommodation of going to the sensory room or completing physical activities for 20 minutes prior to science. It also permits the use of a Tangle® fidget toy during class time. If Richard has low-vision, we can increase the print on worksheets, use a magnifier, or read material to him. There are many different accommodations for students and of course, they must be individualized by student, agreed on by the team, and listed in the IEP or 504 plan.

A modification is an actual change in the target skill (concept or material being taught). If we are modifying the instruction material, we are changing what we teach to the student. This is often the case when our students cannot work on grade level. Tyler is in seventh grade in most subjects, but in language arts, he functions at a fourth grade level. His IEP provides a modification that he will work from fourth grade textbooks and with special education instruction at his functional level. Modifications decrease the expectations we have for a student. They change the actual academic goals we expect. When modifications are made, we reduce the expectations about a student’s performance. Self-contained classrooms often have modified curriculums.

Can You Provide Me with a List of Some

Common Accommodations?

The IEP or 504 plan accommodations must be specific to your child’s needs and agreed upon by the team members attending the meeting. In each chapter, I have listed accommodations for specific needs or disabilities. There are generally five categories we can use to group accommodations: Scheduling, setting, instruction, student response, and timing. Here are several examples of accommodations:

• Break down projects into more manageable steps.

• Allow students to have extra time for testing or to turn in homework.

• Preferred seating near the teacher or board.

• Allow tests to be taken in a different area such as a quiet office.

• Permit students to use a standing table for classwork.

• Use multi-sensory techniques for teaching new concepts.

• Add a tutor.

• Add seating, e.g., small air discs, ball chairs, or T Stools.

• Permit manipulatives to teach math concepts.

• Use of a keyboard/computer vs. handwriting

• Write on special paper with adaptations of lines, color, and spacing.

• Use visual organizers, charts, schedules.

• Provide sensory adaptations for fidgeting with hands and body.

• Change the writing utensil.

• Provide an additional set of books for home.

• Add a communication book about homework for the team, including parents.

• Use teacher’s lecture notes to study.

• Limit the number of problems that the student answers for homework. For example: complete only odd or even problems.

• Do not grade for neatness on homework and tests.

• Allow earplugs or noise-cancelling headphones.

• Add a reward system.

• Enlarge materials for low-vision.

• Use word processors.

• Additional warning of transitions, fire or disaster drills.

• Provide a sensory space or sensory diet.

• Allow for use of standing tables, beanbag chairs, or other seating.

• Change the color of the paper used for worksheets.

• Offer stress management training for students.

• Provide help with goal setting and time management.

Keep reading for your student’s specific area of weakness. You’ll find many helpful accommodations.

What Are Some Types of Classroom Placements for My Student?

The ultimate goal of the educational plan is to ensure that a student is placed into the least restrictive environment for learning. The No Child Left Behind law specifies that a child must be in the most inclusive setting. This simply means that we do not want to isolate students simply because they have a learning disability or special need. Each student has the right to be educated in a safe, non-threatening, enriching classroom.

The first type of classroom is called mainstream. Students who are mainstreamed are placed within the regular education classroom with peers at the same age/grade. There may or may not be a special education teacher present, but according to the IEP, goals are in place and data is taken. Accommodations will be in place to ensure the student has the tools for success within the classroom.

A resource room is used when the student is generally in the mainstream classroom and needs additional help with a certain subject(s). The special education teacher is trained to provide helpful strategies for students with specific special needs or learning disabilities. Resource rooms have small groups of students and provide the additional help that a student needs for success. For some of the day or for some difficult subjects, the student moves to the resource room. The student’s IEP will dictate which subjects and what length of time your student will have this additional help.

Self-contained classrooms are structured rooms where a student goes for the entire school day. The classroom has a special education teacher and the student may work on a unique curriculum or out of different books than he would if in the general education classroom. There are many benefits to a self-contained classroom such as: students receive individualized help, the curriculum they are working on is adapted specifically for the student, and students may be in the safest environment for them.

There is also an option of placing students in a school specialized for their individual needs. Some schools specialize in autism, in ADHD/ADD, or dyslexia (learning disabilities). There are even schools which specialize in gifted education! If there is a school available for your student, make sure to research it and discuss transportation. Every district has rules for placement, so the best thing is to educate yourself on the best option for your student.

What Can Go Wrong at the IEP/504?

Is there anything I can do to help avoid a mistake in the meeting?

There are many things that can go wrong in any meeting. When two or more people get together to discuss anything, there can be disagreements. The unique thing about IEP and 504 plan meetings is that we are all thinking about the best outcomes for a unique student/person. The goal of everyone should be the student’s welfare. Of course, this is the real world and there are many things that can hinder a meeting. Consideration for a school budget, misperception of the difference between school and clinic- based therapy, thinking of the impact on the other students in the classroom, not knowing the law/rights, a parent’s anger over a new “diagnosis” or “label” for the student, etc. can all cause disagreements or raise concerns.

• Enter the meeting with a positive attitude. Do not assume that the school is “out to get you” because you’ve been an advocate for your child.

• Read all of the evaluations from the therapists, psychologists, school, etc. prior to the meeting. Highlight the areas that you do not agree with and request corrections. Requests should be written down.

• Bring someone with you. I always bring a supportive family member, advocate, or friend with me for support. It’s also good to ask that person to take notes and for reviewing the events which occurred at the meeting with someone afterward. I suggest going for coffee or lunch to discuss and process the meeting’s events, the plan, etc. You can choose to have an attorney present if you wish.

• Do not scream or yell at school staff. When you disagree, try to keep calm and speak clearly. Take deep breaths when upset or ask for a brief break.

• Never sign anything of which you’re not 100% clear. Ask questions and make sure you understand exactly what’s being suggested for your student. It’s your right to ask for clarification and to understand why your student is being placed into a certain setting, receiving therapy, or what the goals mean. Do not sign the plan at the meeting if you do not agree with it. Request to read it afterwards and make certain you review it to ensure you’ve understood it clearly.

• Every area of weakness should have a goal addressing it. It’s equally important to know who or which service is working on each goal. There is no limit on the number of goals for any student.

• The goals and IEP should be written specifically for your student. The goals should be specific to each student’s areas of weakness. There is no such thing as a cookie-cutter or standard IEP or 504 plan. Additionally, the placement of the student should be agreed upon during the meeting.

• Ensure that everything discussed at the meeting including any changes suggested and any changes you request need to be made in writing. I tell everyone I work with, “If it’s not written down, it did not happen and can be denied.”

Chapter 1 Resources

www.autismspeaks.org	Autism Speaks
www.ed.gov	US Dept. of Education
www.nea.org	National Education Association
www.NCLD.org	National Center for Learning Disabilities
www.parentcenterhub.org	Center for Parent Information & Resources
www.wrightslaw.com	Wrightslaw