Navigating the Special Education System in the US

Making School's Accountable for Behaviors – Some helpful hints and questions to ask the school.

2006-10-25T15:41:00.000-05:00

If you are reading this, you probably have experienced some problems with your child's behaviors in school. If your child does not currently have an Individual Education Program (IEP) in place, first step is to request evaluations. To do this, send a letter to the school districts Special Education Director, Principal or Superintendent requesting a "multidisciplinary evaluation" and a "Functional Behavior Assessment" (FBA) by a behavior specialist. If your child does already have an IEP, just request the FBA as stated above (in writing). Because the school district has 60 school days to perform these tests, its also important to call an IEP team meeting if you have an IEP. Or if you do not, just call a meeting with his regular education teacher, the school psychologist, and anyone else who has been involved with disciplining your child (principal, etc.).

Once complete, the FBA should be the outline used to create a Positive Behavior Support plan (PBS).

Studies have shown that Positive Behavior Support plans are key in modifying behavior. Conversely, most schools do not have school wide positive behavior support plans. Many schools still employ the "spare the rod, spoil the child" methods. And even if they have done away with corporal punishment, many still use other forms of psychological and physical punishment in an attempt to reform behaviors. However, for children with disabilities who have limited control over emotional states and other factors, punishment often encourages the very problem behaviors the staff is attempting to extinguish.

An argument for PBS that I often use is this. Adults crave positive reinforcement in lieu of negative consequences (punishment). For instance, if your boss says "Do this extra work for me, and I'll give you a bonus" or "Do this extra work for me or I will dock your pay", which will make you work harder? Which will make you want to quit? Our society is driven by a token economy which is a positive behavior support. Do the work, earn your pay. And we get bonus incentives for extra hard work. Our children are no different (except the rewards tend to be less costly).

Add to this that children with disabilities that interfere with social skills, such as Pervasive Development Disorders, Mental Health issues, and other neurological disorders need to be taught essential skills that most take for granted. Your boss cannot expect you to do the extra work if it's out of your realm of experience. You must be trained. Training our children to behave in social situations, then reinforcing those skills with positive support makes all the difference.

When your child is disciplined for manifestation of disability, prepare to ask the school the "tough" questions. Generally, most districts will state that they have "done all they can" and really "want this to work" and that your child just "lacks or needs discipline". Some have involved the police. Some have already labeled your child a deviate. However, the questions formulated below will help turn the tables on accountability. After all, we cannot control their behavior when they are out of our care. Someone must teach them appropriate skills in the classroom setting. And that obviously cannot be the parents.

Aggression

Physical [defined as purposeful physical contact that results in injury]

Verbal [defined as threats and inciting others to act out]

It is a known fact that my child's disability of [insert here] causes easy frustration and anxiety which when not addressed can lead to explosive behaviors. What positive supports have you put in place to help him/her be less stressed and have less frustration in:
1. Physical Education Class [aka gym]
2. Academic Instruction
3. Recess/Leisure time
4. Bus/Transportation
5. Lunchroom
6. Assemblies, etc.
Where did it take place, What time, Who was present, What what said and by whom, What happened right before, What took place right after.
Is someone charting ABC [antecedents, behavior and consequences]? If so, please be sure to forward us a copy. (note: if not, call an IEP meeting to get this written in)
When can we meet to revise/create the Positive Behavior Support plan?

Screaming

My child was screaming. What proactive measures did the school staff take to determine what causes our child to reach this level of frustration?
How many scheduled breaks is our child getting on a daily basis to alleviate stress?
Where can our child go for some "quiet time" where he/she feels safe when his/her stress level is high?
What methods are you using to teach our child to deal with his/her frustration and anxiety?
What can we do as a team to help our child learn to deal with frustration in a more appropriate manner?

Defiance

What exactly did our child refuse to do?
Was he/she presented any choices?
Was he/she offered an explanation of "why" they were told to do something (many children need to know why before they can comprehend necessity. This is very common in gifted and high functioning children).
Was the behavior in question in line with rules our child has been taught?
What has the school done to teach our child about compliance?
What positive behavior supports are in place to encourage compliance?

Disrespect

Who is responsible for teaching the children proper social etiquette in this setting?
What classroom methods are used to teach the children tolerance for differences?
What positive behavior supports are in place to encourage proper etiquette and tolerance?
How can we, the team, ensure that our child is taught appropriate tolerance and social skills?

Pennsylvania Alert: Has the Gaskin Settlement Run out of Gas?

2006-06-16T14:09:00.000-05:00

A six month progress report has come from the Gaskin Overall Settlement and Implementation Committee.

Upon reading the report, one has to wonder what it going on in Harrisburg. It would appear that certain parties are stifling communication. Not only PDE, but the plaintiffs themselves.

From the report...

Section IV.1 Policy Development and Implementation

A) There is no information to support a view that PDE has complied with the obligation to require school districts to adhere to requirements of IDEA and case law, including Oberti v. Board of Education, when making placement decisions.

B) There is no information to support a view that PDE has complied with the obligation to provide coordinated and paid services in accordance with the interagency of Memorandum of Understanding entered into among PDE, DPW, L&I, and the Pennsylvania Department of Health.

C) There is no information to support a view that PDE has complied with the obligation to assure that special education students are also entitled to gifted support or to Chapter 15 services have a single plan.

D) There is no information to support a view that PDE has complied with the obligation to gather input from the Panel and to design and make available to parents of children with significant disabilities information about supplementary aids and services that children with disabilities can receive in regular education classrooms and information about how to seek assistance in obtaining such supplementary aids and services.

E) Input has been solicited from the Advisory Panel, but no information exists to support a view that PDE has designed and distributed to school districts materials for display in school buildings to make it clear that all children are welcome.

Section IV.2 Advisory Panel

The Advisory Panel has been established.
It is questionable whether the composition of the panel is consistent with item (4). The Panel is widely described as including nine parents of children with disabilities, but in actuality, the plaintiffs have selected nine parents of people with disabilities, three of whom are actually parents of people who are not served in special education in Pennsylvania because they are adults.
Panel members receive reimbursement for travel costs to participate in actual Panel meetings, but have not received word, despite repeated requests, whether or not they can be reimbursed for expenses associated with other Panel activities, e.g. postage, mileage for visiting schools, stationary, etc.
The initial meeting of the Panel occurred within the required time frame, though it was not a business meeting, but an organizational meeting.
The Panel has met quarterly but has not been provided with adequate time or data to review and evaluate system-wide progress in implementation of the Settlement Agreement. Despite this circumstance, the Panel has made some recommendations for continued progress.
The Panel has developed a committee structure.
The Panel is in the process of finalizing operating procedures, which may occur at the June meeting.
PDE has not provided sufficient data on a timely basis to the Advisory Panel or to its Committees.
PDE has not complied with the obligation to provide the Panel with data regarding placement of first grade students.
Given that very little data has been provided, there is no information to support a finding that data has been provided in a manner consistent with this item of the Settlement Agreement.
There is a concern among Panel members regarding the level of support provided to the Panel. While support has been provided, there appears to be a disagreement that the level of support has been “reasonable.”
A Panel member was appointed by the Advisory Panel in January 2006, to work with PDE regarding the needs assessment.
Panel members have been identified to assist PDE in identifying exemplary practices in school districts in Pennsylvania, but those Panel members have been waiting for months for information from PDE regarding reimbursement for postage and travel and for “authorization” to visit schools.

Section IV. 3 IEP Format

PDE provides an annotated IEP format.
PDE did not modify the LRE portion of the Annotated IEP by December 31, 2005, but has modified it recently. The Panel has not been provided with information to support a finding that PDE has incorporated the modifications into the actual IEP format.
There is no information to support a view that PDE has complied with the obligation to not modify the LRE portion of the Annotated IEP or the IEP without the consent of the plaintiffs.
PDE has provided written guidance to school districts regarding the LRE portion of the IEP.

Section IV.4 Compliance Monitoring

1) There is no information to support a view that PDE has complied with the obligation to ensure that regular cyclical monitoring has included the required additional steps outlined in the Settlement Agreement.

2) There is no information to support a view that PDE has complied with the obligation to engage in targeted monitoring.

3) PDE has engaged in LRE monitoring, but

a) Has not based the identification of priorities or goal statements on input from the Advisory Panel, nor has it involved the Panel in a discussion about such. There is no information to support a view that PDE has complied with the obligation to set priorities based on increasing the number of students with disabilities in regular education classes and neighborhood schools with needed supplementary aids, services and support or on developing IEPs capable of providing students with disabilities a meaningful benefit from inclusion.

b) There is no information to support a view that PDE has complied with the obligation to base LRE monitoring on a limited number of indicators identified within priority areas.

c) There is no information to support a view that PDE has complied with the obligation to base LRE monitoring on comparisons to state averages identified by PDE or that it has communicated those standards clearly to school districts.

d) There is no information to support a view that PDE has complied with the obligation to clearly communicate triggers to school districts.

B) 1)There is no information to support a view that PDE has complied with the obligation that all areas of compliance monitoring serve the purpose of assessing the educational progress of children with disabilities.

2) There is no information to support a finding that PDE’s monitoring staff have been appropriately trained or engage in regular professional development. Compliance monitoring has been conducted for Tier One school districts. There is no information to support a view that PDE has engaged in targeted monitoring and no information has been provided to assess the status of regular cyclical monitoring.

C) There is no information to support a view that PDE has complied with the obligation to create an LRE index, nor is there any information to support a finding that districts’ LRE index scores have been made public as part of school and district report cards under NCLB and the IDEA.

D) The parties did not identify Tier One School Districts by December 31, 2005. They identified them subsequently by mutual agreement. The Panel has reports that Monitoring visits were to be conducted in April and May, but has no information regarding Monitoring team members. The Panel has not been provided with information to support a finding that the process involved met the requirements of the settlement agreement.

NOTE – The parties used a similar process to identify Tier Two and Tier Three school districts, though no such provision exists in the Settlement Agreement.

There is no information to support a view that PDE has complied with the obligations for Tier Two LRE Monitoring.
There is no information to support a view that PDE has complied with the obligations for Tier Three LRE Monitoring.
There is no information to support a view that PDE has complied with the obligations to engage in targeted monitoring.
There is no information to support a view that PDE has complied with the obligations cited in the Settlement Agreement regarding Regular Cyclical Monitoring.
There is no information to support a view that PDE has complied with the obligations in the Settlement Agreement regarding Sanctions for Noncompliance.

Section IV.5 Complaint Resolution

There is no information that has been provided to the Panel that would support a view that PDE has complied with the obligation to comply with the requirements identified in the settlement agreement regarding submission of a parent or student complaint to PDE.
There is no information to support a view that PDE has complied with the obligation to investigate the status of the complaint or outcome of due process decision at the district’s next compliance monitoring for similarly situated students.

Section IV.6

There is no information to support a view that PDE has complied with the obligation to build upon and refine its present system of review and approval or disapproval of special education plans. PDE is supposed to accomplish this aspect of the Settlement Agreement by no later than September 16, 2006.

Section IV.7

PDE has implemented a mini grant program. An Advisory Panel member was appointed in January 2006 to work with PDE regarding the needs assessment and a committee of the Panel has been recommending specific information on technical assistance and training. However, few Panel level recommendations have been made on the subject, and there is no evidence to support a finding that PDE has implemented those recommendations.

Section IV.8

There is no information to support a view that PDE has complied with the obligation to provide the plaintiffs with a letter of support for an advocacy grant proposal.

Section IV. 9

PDE has paid $350,000 for compensatory damages. The plaintiffs are responsible for distributing the funds among themselves, and there are reports from stakeholders that those funds have not yet been entirely distributed.
PDE has paid plaintiffs’ counsel $1,825,000 for all attorneys’ fees and litigation costs. The plaintiffs are responsible for distributing those funds between attorneys’ fees and litigation costs as they see fit. There are reports from stakeholders that those funds have not yet been entirely distributed for these purposes.
PDE made the payments on a timely basis.

Section IV.10

The Settlement Agreement was approved by the Court, which retains jurisdiction for the purpose of enforcing aspects of Section IV.10. While there are verbal reports that PDE has complied with its obligation to provide the required certification on or around March 16, 2006, the parties have jointly agreed to deny the certification to the Panel for review. There is no evidence to support a finding as to whether or not the plaintiffs have complied with their obligation to respond to the certification in writing. If they have failed to do so, the plaintiff’s counsel is estopped from seeking relief for any material breach of the Settlement Agreement. There is no information, consequently, about whether the plaintiffs have identified material breaches in PDE’s implementation of the Settlement Agreement.

For more information on the Gaskin Settlement Agreement visit PATTAN

When inclusion isn't "inclusive"...

2006-05-30T12:09:00.000-05:00

A recent article has brought to light a new way of claiming inclusion but still segregating children with disabilities. Schools are starting to lump a certain number of Special Education students into one classroom and call it a regular education classroom.

Taken from: http://www.educationworld.com/a_admin/admin/admin340.shtml

Up the road at Doctors Inlet Elementary School in Middleburg, Florida, the most efficient way to handle ESE students is to put them all in a single class at each grade level. In that way, "we are able to assign 2 teachers -- a regular classroom teacher and a special education teacher -- to each class," said principal Larry Davis. "In the typical inclusion classroom, a teacher will conduct a content lesson, and then the students will go to an assigned group for follow-up instruction focusing on that group's special needs or learning strengths."

As is the case in many other schools, grouping together inclusion students is the most efficient use of personnel at Southdown. "That often translates into some classrooms having a larger numbers of inclusion students than others," Peltier said. For example, the third grade has 12 special-needs students. The most efficient approach was to group them in a single classroom, even though that created a class in which 12 of 18 students have special needs.

Obviously, this tactic is a sly way to cut costs and remain in "compliance" with the least restrictive environment clause in IDEA 2004. However, it is not "inclusion" if all or most of the special education children are in one classroom.

Parent beware...be sure to ask how many special education students will be in your child's "regular education classroom". Because this model described above is not the Least Restrictive Environment.

Making a Dream Team

2006-05-09T12:45:00.000-05:00

What if...
All parents of special education children were to form an alliance?

And if...
Those parents coached each other through the IEP process?

Additionally...
Each parent in the group made a pact to attend each others IEP meetings.

We'd be talking about equity, balance and fairness in the process. And it might just be worth thinking about.

Who are the best advocates out there? Why those who have been through the process.

Let's all make a pact to help each other! Something to think about....

Observation, a Parent's Most Valuable Tool

2006-04-14T03:34:00.000-05:00

How many of us really look at our kids? Sure, you know their eye color, the way that lock of hair flicks up on the side, the way they stick their tongue out when they concentrate, but do you REALLY look at your kid?

Many, many cues and clues can be collected by taking some time to just watch and really observe.

Videos are a big deal for many special needs kids. They are an effective teaching tool as well. Taking the time to watch the child through an entire video can reveal many fine points about comprehension, emotional understanding and empathy, and how the child engages with information in different formats (with music, words, pictures, color).

Because they are interacting (yes, interacting) with the information and events onscreen, it is an opportunity to observe facial expression and body language that is not always present in interpersonal interaction.

Some questions to guide your observation: Do they pick up on humor? What kind of humor? Do they hum or sing along with the music? Do they use body parts in rhythm? Are they disturbed by images? What images? Can you tell if the disturbing parts are a reflection of their experiences or is it in response to something they don't understand?

How do they react to flashing lights, morphing images and scene transitions? What about sudden or loud noises? Do they (if non-verbal) mouth words and phrases as if practicing?

All of these observations can be moved to other contexts.

When playing, do they use a toy appropriately? Is there an aspect, a noise, a tactile or visual experience they focus on? Are they testing, observing, figuring out mechanics of the toy? Where and why does frustration take place? When frustration takes place, do they behave in a way you've seen them observe in others? How do they overcome frustration? Do they give up or try again?

In the grocery store, is the child reacting in similar ways to similar situations? Do they observe what other children are doing? Do they watch adults? Do they observe directly or with sideways glances?

Do flickering or flashing lights bother them? Do colors or crowds cause them distress? Do they pick up on the "mood music" or get tense when it interrupted by announcements? What happens just before they start climbing out of the cart or bolt away from you?

On the playground or at the park, do they emulate play behaviors from their videos? Again, do they observe others surreptitiously or directly? Do they respond to the interactions of others in ways that are consistent with their video behavior in regard to humor, sadness, anger even if they are not directly involved?

Doing these kinds of observations will help to understand gaps in their learning as well as depths of their knowledge.

How they react can guide your teaching of skills in preparation for school and in fitting in better when they are there.

Naming of objects and emotions can be a big issue for nonverbal children, verbally delayed children and children with limited social skills. By observing, then side-by-side viewing, an opportunity to narrate and fill in gaps is created.

Becoming proficient in observing your child, you will be able to better communicate the range of their knowledge and understanding to the other people who will be working with him/her.

This skill can become your best asset when working with teachers and therapists. Being able to sit quietly and just observe, you will be able to bring that skill to help when difficult situations arise in the classroom. First-hand or with videotaping, you will be able to point out and teach others to see the clues and cues to help your child comprehend this complex world.

So resist the temptation to get the laundry done while the video is on, or when they are engaged in play. Collect as much information as you can and then you will have the skills to help fill in the blanks. More importantly, instead of being on the defensive when the "experts" tell you about your child, you will be the expert and a full participant in all of their learning experiences.

The Balance or lack Thereof

2006-03-27T13:48:00.000-05:00

I had an interesting conversation today about public school "when I was a kid". And it was semi-enlightening or confirming to me that there is just a completely unfair balance when it comes to teaching our children.

I for one, was a Neurotypical, typical child. I had a few bad but many good school experiences. Our school was not riddled with problems, yet suffered it's fair share. In any case, I can only remember my parents having to involve themselves twice in my 13 years of public school due to school problems.

Okay, so 13 years, 2 incidents. That's probably about average. But here I sit, the parent of a special needs child and have beaten this record in one year and in at least in triplicate. What is wrong with this picture?

Not only are we running ragged learning to manage our special needs children's appointments, therapies, social skills groups and the likes, we deal with a day in, day out learning curve on how to manage our children's emotional needs at home (Doc Spock had noooooo idea).

Add to all of this a new slant. Suddenly, we have a burden that is unique to special needs families - making the schools "teach" our children.

I can't help but envy the parents (like mine) whose biggest obstacle was that "one" teacher who seemed to have it in for their child. Or the parent who objects when the school play lead is given to the mayor's daughter when she certainly isn't as talented as their own. And so on and so forth.

It almost begins to feel like we, special needs parents, are being taken advantage of. We are weak prey, the injured quarry.

And I don't want to sound like I'm only blaming the teachers. It's not always a teacher issue. Many times, it's unwritten school policy.

And I'm sure the schools will blame the States who blame the Feds. But what it comes down to is this. We are all talking about the education of a child.

Will that "one" teacher ruin a child. No, it will probably make him stronger for having to deal with the conflict. Will losing the lead in the play devastate the child to the point of depression and future trauma. No, it will probably make her more determined to work harder.

On the other hand, doing the minimal for our children who are in need of the maximum will affect them for life. Schools have our children for 13 plus years for the greater part of their days. You can do a lot of damage in that time to self esteem, hopes and dreams. And on the other hand, you might just be able to help mold them into functional citizens.

Which shall you choose?

A very wise quote from a very wise advocate Grandma!

2006-03-07T12:14:00.000-05:00

Schools need to understand that fulfilling a child's educational need isn't dependant on the tools they have...it's dependant on getting the ones they don't.

Musings on LRE and why we should care

2006-03-02T11:25:00.000-05:00

This is purely opinion and musings here...But I started thinking about Least Restrictive Environment and why some parents want a restricted environment for their special needs children.

We all know that most special education classrooms are smaller, hopefully more individualized. But many times, I also hear parents complain about the academic standards being less than that of a regular education program. As if these special needs children don't truly have "individualized" educational needs.

This starts to appear like racial segregation.

So here's a proposal you can take or leave. What if all schools were to do away with these "special education classrooms"? Hear me out...And each child (and I mean ALL) had their own Individualized Education Plan that was REALLY followed and included the child's curriculum in it's entirety.

Seems to me that this would solve a lot of problems as far as eligibility too. It would no longer be about "who is eligible". Every child is taught as his or her own level and ability.

And maybe I'm just dreaming here, but wouldn't it be a better world if we didn't seek to segregate them now? Are we expecting our children to ever become independent at all? Are we expecting society to accept our children's differences in public but not in school? Do we want the peers to be accepting when they are adults? Because it seems to me that prejudices start young.

Inclusion for all..That's how I think it should be...and maybe we'll see it our lifetime.

Gaskin and what it means to you...

2006-02-07T12:48:00.000-05:00

For those in Pennsylvania, the Gaskin Class Action Lawsuit is in effect. This is directly related to Least Restrictive Environment and inclusive practices that were clarified in IDEA 2004. To find out more, and what it means for you visit:
http://journals.aol.com/lstengle/GaskinClassMember/entries/918

For those out of state, visit Wrightslaw for more information on LRE and FAPE:
http://www.wrightslaw.com/advoc/articles/idea.lre.fape.htm

Advocate verses Attorney...What you need and when

2006-02-05T07:53:00.000-05:00

Ok, you probably wouldn't be here if you weren't having trouble with school. So let's presume you are. How do you know who to turn to for help and when? Here's some guidelines I've recently learned.

First, lets talk about the different kinds of help.

Lay Advocates
These advocates are sometimes called educational advocates. Lay advocates tend to be other parents who have been in your shoes. They are very effective for helping you understand the processes, what the documents mean, and to help you at the meetings to be sure that you understand. They may know some or much about the legal rights and disability of the child. However, this knowledge varies. Some are paid, some are free.

Education Attorneys
These are the attorneys who specialize in educational law. They can provide consultative services, record reviews, and represent their clients legally in due process hearings. Some, although not often, will attend IEP meetings. Most do not do full contingency for Due Process. Parents usually must pay a negotiated fee up front. This fee will be returned in the event the case is won by the parents.

So which do you need and when?

If you are early in the process and a bit "green", a lay advocate can be a lot of help. They have been down this road in many cases. They understand how you feel. They can guide you through what to expect at your meetings. And will attend meetings to help make sure you understand what's going on.

A lay advocate will focus on helping you get the school to work with you. They sometimes can advise on letters to the school, needs, and rights. However, they do not practice law. And their understanding of the legal system may vary. Too, they may not know your child's particular disability. So it's always a good idea to search for a Lay Advocate who does.

A good rule of thumb is this. If the issue is that you need guidance or are not assertive enough to do the meetings alone, hire a lay advocate. If your issue is regarding a legal problem, such as denial of F.A.P.E. (not following the IEP, not providing an IEP, inappropriate discipline, failure to evaluate properly, etc.), discrimination, or improper restraint, seek out an attorney. Bottom line is this. If the school is, in your opinion, breaking the law, you need an attorney.

While lay advocates may be able to advise somewhat about what your child is entitled to, never forget that the school has lots of knowledge and power behind them. Never presume the school "does not know what it's doing". They do. In the situation where you feel the school is against you - you've tried to negotiate unsuccessfully, it's always a good idea to seek an attorney.

Hiring an attorney does not mean you will go to due process. But if it's a good attorney, you will get advice on what should happen next with options to pursue the issues in a way you feel comfortable with. This could mean continuing to work with the school. Or on the other hand, may mean you need to take the matter further (mediation, due process, etc.).

A great read at Wrightslaw about finding the right advocate or attorney:
Before You Retain a Lay Advocate

Behavior and Schools, Part II

2006-01-26T10:01:00.000-05:00

Pete Wright has a nice article at: http://www.wrightslaw.com/advoc/ltrs/behavior_obligate.htm that fully explains the schools obligations.

And yet another explanation of the Functional Behavior Assessment and process:
http://www.wrightslaw.com/info/discipl.fab.starin.htm

Schools need to stop moving the problem (aka child with behavior) around and get to the root. It's what we've had to do as parents. And since we cannot be in the school to do this for them, they need to live up to the obligations of teaching our children.

Special Education and the High Functioning child

2006-01-20T12:32:00.000-05:00

Some recent posts to my online support networks and conversations with other parents have driven me to write today. Addressing the child with the non learning disability is problematic. Schools generally have two theories on a child's capabilities.

On one hand, there is the child who is age appropriate verbal. The school typically attempts to include or mainstream. However, they sometimes attempt to state the child "does not need specially designed instruction". These children may or may not receive a 504 accommodation plan. When the disability does finally show through (usually through undesirable behavior), the schools don't seem to understand how a child this "high functioning" could display this behavior. These children sometimes fall through the cracks or worse, get labeled with a Behavioral problem and moved to inappropriate placements.

On the other hand, the child that has a verbal disability may be intelligent, but schools tend to lump them into a category of needing special classrooms with a variety of verbally challenged children and a lower curriculum than what is provided in the typical classrooms.

The truth of the matter is, intelligence and verbal skills do not negate a child's need for special education. Nor does the lack of verbal skills mean this child is incapable the general education curriculum or being included in a regular classroom. Getting this point across to schools is yet another challenge.

The key to providing FAPE (free appropriate public education) to a child with a disability is truly "individualized". There are no cookie cutter or skeleton programs that will address each child's needs.

It is this parent's opinion that every child with a neurological disability be given an Individualized Educational Program (IEP). In addition, inclusive practices should always be tried first, especially for those children that are not academically impaired. However, it seems that the opposite holds true in our schools. The most restrictive environment appears to be where these children end up because of lack of school supports.

We need to start demanding that schools live up to IDEA 2004 and Gaskin Case law. Our children should "not be left behind" because the school doesn't have a ready made "fit" for them.

Organizing it all...

2006-01-17T12:18:00.000-05:00

Whoever thought we lived in the electronic age has never had a child in Special Education. More trees have died for our kids than we will ever know. The paper trail is excessive and complicated.

Here's what you need to get started organizing:

A 3 hole punch
A binder (large) with front clear view (put a pic of your child in here)
A 3 hole pencil case (soft that fits into your binder)
Pens, Pencils and a highlighter to keep in above case
Post-it style stickies - keep in pencil case or a pocket of the binder
Tabbed dividers (with pockets are nice)

Start organizing by Date and separate ALL paperwork with Tabbed dividers in a way that will make sense to you.

So now when you need to reference a document at home or an IEP meeting, its at your fingertips. Take this binder with whenever you meet with the school.

Organizing CAN be done :)

Behavior and Discipline - The school's responsibilities

2006-01-03T10:11:00.000-05:00

I keep reading over and over again the same story. School labels child as a discipline problem yet fails to identify the cause of the behaviors. In other words, they blame the parents for lack of discipline or they blame nature and say this child is just inherently bad.

Schools need to address problem behaviors by completing Functional Behavior Assessments.

Taken from: http://cecp.air.org/fba/problembehavior2/rationale2.htm
When a student’s behavior disrupts classroom instruction, teachers often address the problem by manipulating events that follow the misbehavior (e.g., verbal reprimands, isolation, detention, suspension). Experience has shown that this approach fails to teach the student acceptable replacement behaviors (i.e., behaviors that are expected under certain circumstances).

The logic behind functional behavioral assessment is that practically all behavior occurs within a particular context and serves a specific purpose. Students learn to behave (or misbehave) in ways that satisfy a need or results in a desired outcome. Students will change their behavior only when it is clear that a different response will more effectively and efficiently result in the same outcome. Identifying the purpose of problem behaviors or more specifically, what the student "gets" or "avoids" through those behaviors) can provide information that is essential to developing instructional strategies and supports to reduce or eliminate behaviors that interfere with successful classroom performance or participation

If your child falls under one of these "disciplinary problem" labels, contact your school in writing and request a Functional Behavior Assessment. Only then, can everyone involved get to the root of the behavior and then give the child the tools he needs to stop (or start, in some cases) the behaviors in question.

Preparing for the School Aged IEP - Needs

2005-12-31T15:55:00.000-05:00

It's just plain difficult - figuring out what your child is going to need in the public education system without ever having been there. Of course we can all find those lists of "must have's". But truly each child is unique and there are no cookie cutter needs. That is of course why they call the plans Individual Education Programs.

Early intervention for most, is a great experience. Our kids have Special Education teachers overseeing them, along with multitudes of aides. The teachers hold our hands and talk with us one on one. In most cases, there is a child to teacher/aide ratio of at least 10 to 1. Our privately hired aides are welcome and greeted with open arms. We feel safe and secure. I now refer to those days as my "spoiled years".

Enter Kindergarten or other first year experience in our Public Schools. Firstly, thanks to recent multitudes of sex offenders, kidnappings, horrendous violence in schools, and the likes, there are new rules and regulations for ALL parents and students. Our kids sometimes walk through metal detectors on the way to their kindergarten classes. Parents cannot wander into the school without prior permission, signing forms and wearing special ID. Children either are bussed or dropped off at the end of walkways no matter how apprehensive or young they are (I vaguely remember Mom walking me into my Kindergarten classroom every day). Kids as young as 5 are thrust into a full day program and are told about Zero Tolerance policies. They are made to sign anti-bullying contracts (even when they can't completely print their names). The student/teacher ratio just bumped up to a whopping 25/1. It's a Brave New World (thank you, Mr. Huxley).

Add to this a child with special needs and a specially designed individual educational program. Who decides what your child needs? How do they know? How do you know? How do you know if they really know?

The best thing you can do for your child is to sit down and make lists. Firstly, you need to make a list of your child's strengths. Now, this is harder than it sounds. You've been focused on fixing the difficulties and can probably rattle off a few without thinking. But strengths are oh so important. And strengths can be as simple as "is a good eater", "is bright", "is polite". You need these so that you can present to the IEP team a list of things they will not have from any of the many evaluations or reports. Like we all do, the school members of the IEP team need to know what makes your child who he/she is. The whole big picture. Not just the problem parts.

The second list is, of course, the problem spots. I'm sure I don't have to give examples as you've been working and dealing with them most probably since birth.

Your next step is to take these lists and think about what things help your child overcome the difficulties and what things encourage the strengths. For instance, if your child has sensory processing difficulties and chews on his shirt, does chewing candy or gum satisfy this oral craving? If your child is physically unable to write, can she type on a keyboard? Does your child naturally present his polite nature or does he need incentives or rewards to remind him?

These things are part of her educational process. Even though "child is allowed to have chewing gum or candy in class" does not seem to be an "educational need" on the surface, it is. If your child cannot pay attention, he cannot learn. If chewing candy helps him, then it is an educational need.

You know your child better than anyone ever will (besides the child himself). Your input at the IEP meeting is invaluable. The school will be looking at evaluations done in Early Intervention. In our experience, that was the worst place to evaluate our son. He did so incredibly well there. Of course, the class was only 2 1/2 hours. And he had a multitude of accommodations by the staff. And a really great teacher. So the evaluation gave the school false hope that he really didn't need much help in Kindergarten at all. It was through our own persistence that we achieved getting what he needed in place (and after some major failures without those things).

So this is your homework. Make your lists. Incidentally, you might find these help you at home as well.

Today's Musings

2005-12-29T19:06:00.000-05:00

I posted some links to this blog at support groups to which I belong. I am encouraged to hear that many have not had to fight to get their children appropriate placement and/or supports. And some actually took offense to the tone of the blog stating it was too harsh.

I did look at the tone and agreed that there was some terminology that could lead a parent to believe the information was absolute. It is not. However, as an incorrigible "Pollyanna" (I still play the "glad game" many days), I was unprepared for any controversy when we entered into the school system.

In our case, we fought all summer long to even get our child into the districts special education system even though he was in "Early Intervention Preschool" at the time. But even then, I believed what I was told...all oversight, misunderstandings, etc. and went into the first IEP meeting extremely open minded.

The IEP meeting went better than we could have ever imagined. Everything we asked for was acceptable by the school. It was almost "too" easy. And thereafter is where it all went terribly wrong.

I won't delve into the details of our specific problems. You can probably get a pretty good idea based on the "things I've learned" list. But I will say that I was oblivious to many things that had I known I would have been better prepared for.

I guess I've learned to mix my "Pollyanna" optimism with a little lemon these days. Sort of makes a nice lemonade :-)

In any case, this blog did not intend to pit you against the school districts. Nor did it intend to give you a pre-public school ulcer. It's just things many of us parents have learned the hard way and hope to help others walk into the process much more knowlegeable and less naive than we.

List of "things I've Learned"

2005-12-22T08:40:00.000-05:00

Never believe comments such as “we know what's best, we've been doing this forever”, “we KNOW [your child's diagnosis] as we've had tons of kids with [your child's diagnosis] before”. Plan to have to continually educate the school staff on your child's issues as they pertain to YOUR child.

Know that no matter how nice and well intentioned they seem, the school as a whole, rarely has your child's best interest at heart. It is a business. Keeping it financially functioning by passing state and federal requirements is the school's #1 priority.
Never expect the school, or any representative of the public educational system to explain the special education system to you, your rights, what much of the paperwork means or what your child is entitled too. Neither should you expect them to be 100% forthcoming or truthful in their explanations and answers.
Never under-estimate your school's knowledge of the special education process. They may appear to be “green” but are well versed in the laws as it pertains to them. And they have a extremely tight grasp on how to provide as little as necessary to remain compliant with laws.
Learn about special education. Understand that special education is not a place, but individualized education. For example, children with superior IQ's (aka gifted) are entitled to “special education” which may mean curriculum differences from that of the regular education program. Special education is not a room.
Understand the difference between “best education” and “appropriate education”. There are no laws requiring schools to provide the “best” education to your child. They do, however, have to provide FAPE (Free APPROPRIATE Public Education).
Understand that the federal law says “inclusion” also referred to as mainstream is what should be considered first in deciding a child's educational placement. However, that does not mean the child must fail in a regular classroom before he can be moved to a special classroom. And on the other hand, it does mean that inclusion should not be ruled out until the team has fully discussed and agreed upon other options.
Find out what special education classrooms your school district houses. Schedule a time to visit these classrooms before any placement meetings if you are considering or the school has suggested a special classroom for your child. NEVER agree to placement until you have visited the suggested classroom.
Read IDEA 2004 (Individuals with Disabilities Education Act) and any related laws. Also find out your state's laws pertaining special education. Understand that individual states can “add to” IDEA but cannot take away from.
Learn the difference between a 504 Plan and an IEP. 504 (accommodation) plans were originally developed so that schools did not discriminate against children with disabilities. An IEP is an Individual Educational Program which includes specially designed instruction for your child. Schools receive federal and state funding for children who fall under IDEA and receive IEPs. However, this is not true of children under the 504 plans. Major point: there is no funding for 504 plans.
Never be afraid to seek a lay or educational advocate to help you weed through the special education process.
Visit Wrightslaw.com and read as much as you can. Even if you don't think these things will happen to you, better to be prepared than blindsided.
Do not believe that your school is “the best” or “the worst” for special education based on other's experiences. Each experience is unique to the child – what's good for one is not for another.
Do expect that you may“butt” heads with school administrators over requests, accommodations, and anything that pertains to financial spending and budgeting.
List your child's strengths and weaknesses as they pertain to his schooling in a simple one-page format to present to your IEP team.
List things that you know help your child at home or from previous experience in a simple one-page format. Do not "expect" all school representatives to read this.
Do not presume a school district official will set an IEP on calendar in a timely manner without your being responsible for initiating the request, following up on it repeatedly if necessary, and being sure that ALL parties who need to be present are invited. Do expect a written invitation.
Know that school district personnel may try to avoid scheduling an IEP "until the beginning of next semester", or, "after the summer break"
You are a crucial part of the IEP team. The school or representatives cannot decide placement, services, or accommodations without your input. They may only suggest based on their evaluations and experiences.
Never, ever, ever sign ANYTHING until you've taken it home, slept on it, talked with others who can answer questions, and are sure of what you are signing. This includes anything given at transition meetings, “off record meetings”, IEP meetings, etc. What you sign is most likely a legal document. Just don't do it until you've had the proper time to understand what it means. Beware of the school representative that says “Oh, this doesn't really mean anything other than...” to push you to sign. If it doesn't mean much, than it shouldn't be an issue NOT signing at that moment.
Know your rights, what your child needs to succeed in a classroom, and be prepared to negotiate the small stuff.
Bring food for all to IEP meetings - people like to eat :)

After the meetings

Never presume the IEP is being followed.
Always keep the communication lines open, especially with the teachers.
Request an IEP team meeting anytime you feel things are not what they should be. Do so in writing and provide several days and times of convenience as options (two weeks is considered courteous notice).
Do provide your child's teacher(s) with communication books. A simple Composition book that the teacher daily notates issues in, is perfect. Do get this written into the IEP.
There are more reasons why a child might be found to no longer need a service than that they've improved to the point where it really isn't needed anymore -- though that will most likely be the reason parents are given. The most probable explanation is that there aren't enough therapists or classroom space to go around. In that case you need to gather your evaluations and make a case for your child still needing that service.
Schools may insist there isn't enough money to do whatever it is that you want them to do. Know that "lack of funding"is not a legitimate excuse.
Do not be afraid to work your way up the chain. Start with the District Spec. Ed. Office, then go to the Superintendant of Schools for your district, then to the State Superintendant if necessary.