Today's Quick Tip - Transportation and the IEP

Today's Quick Tip - Transportation and the IEP

Did you know? If your child has an IEP and Transportation is written in the IEP and your child gets suspended from the bus that IF the school doesn't provide another means of getting your child to school during the bus suspension that those days are counted against the 10 school days that your child can be sent home, suspended, RPC'd without the district having to provide FAPE. 

Here is a section of IDEA 2004 from Idea.ed.gov that explains this protection:

Discipline and Transportation

Question:    If transportation is included in the IEP for a child with a disability who has documented behavioral concerns on the bus, but not at school, when may a school district suspend the child from the bus for behavioral issues and not provide some other form of transportation to and from school?

Answer:    If transportation is included in the child’s IEP, a bus suspension must be treated as a suspension and all of the discipline procedures applicable to children with disabilities would apply. An LEA is not required to provide alternative transportation to a child with a disability who has been suspended from transportation for 10 school days or less unless the LEA provides alternative transportation to children without disabilities who have been similarly suspended from bus service. 

If a child with a disability is suspended from transportation for more than 10 school days in the same school year, and transportation is included in the child’s IEP, during any subsequent suspensions the LEA must provide services to the child to the extent required.  Generally, this means that the child must (1) continue to receive educational services so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP, and (2) receive as appropriate a functional behavioral assessment, and behavioral intervention services and modifications that are designed to address the behavior violation(s) so that they do not recur. 

Additionally, the suspension of a student with a disability from transportation may constitute a change of placement if a district has been transporting the student, suspends the student from the transportation as a disciplinary measure, and provides no other form of transportation.  If a student is suspended from transportation for more than 10 consecutive school days, or is repeatedly suspended, and such suspensions constitute a pattern. (2), a change of placement has occurred.  In such situations, the LEA, parent, and relevant members of the IEP Team must determine whether the conduct was a manifestation of the child’s disability, using the process.  If the conduct is a manifestation of the child’s disability, the IEP Team must take the steps outlined in IDEA 204, and also must return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan.  

Regardless of the procedures discussed above, school personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability, if the child has taken any of the actions specified in IDEA 2004 regarding weapons, illegal drugs, or the infliction of serious bodily injury. 

(IDEA 2004, http://idea.ed.gov/explore/view/p/,root,dynamic,QaCorner,12)

Brief Definitions:

LEA - Local Educational Agency typically a Principle, Vice Principle, someone in Administration that knows the curriculum, the IEP requirements and laws, and knowledgeable of programs, services, and resources so that they can inform, explain, and answer questions parents might have in those areas. You can find the LEA on the signature page of your child's IEP. They are a required member. They LEA may change from time to time as well. You can also look on your Written Prior Notice if you have a meeting scheduled.

Placement - That is your child's educational services, related services, specially designed instruction, aids/supplements, accommodations, and modifications. All of those combined determines placement where the educational, behavioral, social/emotional, and related services are delivered to your child. This is an IEP team decision. It could be Gen Ed setting all services/supports are delivered in the class with no pull outs, it could be a mix of pull outs and Gen Ed, it could be Self-Contained (the are many types and vary State to State on the names they call these classrooms), then there is Special Schools, Hospitals, Home-bound.


Drugs, Weapons, and Bodily harm (the 3 deadly sins) can result in your child being removed immediately from school for up to 45 school days without regards to a Manifestation. YOUR CHILD CANNOT BE EXPELLED. After the 10th school day (in total all year) the school MUST provide services that allow your child to continue to work on their IEP goals, Related Services, Accommodations, specially designed instruction, and the supports necessary for your child to continue to make progress towards those goals. A Functional Behavioral Assessment should be conducted, a positive behavior intervention plan that addresses teaching the child about the action committed to ensure that it will not happen again, and if need be discussed and decided as a team - adding goals/services to address behavior/teach appropriate behavior. Your child needs to be provided access to the Gen Ed curriculum during this time. (FAPE)


Interim Alternative Educational Setting (IAES) - This could look very different for every child. This could mean a be behavior school for the length of the discipline action, 1:1 services provided for 6-10 hours per week at the home (you can advocate for more especially if your child has a lot of needs), meeting a teacher at public local to deliver services - again, it all depends on the child, the offense, the child's needs, etc. If services haven't begun and your child's been out of school for over 10 school days - call your district office! There should be a department that handles the IAES services - Interim Alternative Instruction (IAI) is what are district calls their department. 

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IEP Team - Who are they?

Who Is On My Child’s IEP Team?

PACER CENTER ©2012 PACER Center, Inc.

The Individuals with Disabilities Education Act (IDEA) calls for a team of individuals, including parents and school personnel, to work together to develop an Individualized Education Program (IEP) for a child who qualifies for special education services.

Your child’s IEP team must include:

• A school district representative
• A regular education teacher of the child, if the child participates or may participate in regular education
• A special education teacher of the child or a special education provider for the child
• A parent of the child (may also be a guardian, long-term foster parent, or surrogate parent)
• Attendance at IEP meetings is required by those listed above, except in one case -

A team member may be excused for all or part of the meeting when:

*The related area of service or curriculum is not being discussed or modified, and the parent agrees in writing with the school district that the member is excused from the meeting or

*Parent and member have discussed the related area or service prior to the meeting AND the team member gives written input into the development of the IEP, AND
the parent agrees.

 *When all the criteria is met the parent puts into writing, prior to the meeting, with the school district, the request for the team member to be excused from or to be released from the meeting.

Because IEP decisions are made by a team rather than by any one individual, it’s important and helpful to understand the role of each member. While each person brings a different set of experiences, concerns, and skills to the table, you can expect that they all share a common goal: enabling the child to succeed in school and in life.

The IEP team may include other people invited either by the school or by the parents. These persons must have special knowledge or expertise about the child. Whenever possible, the team should also include the child.

The Representative of the Local Education Agency (School District Administrator or Administrative Designee) The school district representative is a required IEP team member. The individual must be licensed to provide or supervise special education and be knowledgeable about the general education curriculum and the availability of resources of the school district. In Minnesota, the child’s teacher may not serve in this capacity, although another member of the team who is otherwise qualified may also be designated to represent the district. The designated representative is frequently a special education director or coordinator, or a school principal. In this role, the individual must have authority to commit the resources necessary to implement the plan agreed to by the IEP team.

The school district representative contributes to the IEP team in the following ways:

• Provides information regarding the array of services available in the school district. 
• Represents the interests of the school district and school district personnel, including regular and special education. 
• Commits agency resources to ensure that services in the IEP will be provided as agreed upon by the team. Regular Education Teacher 

At least one regular education teacher is required to participate as an IEP team member if the child is, or may be, participating in a regular education environment. This teacher should be a teacher who is, or will be, a teacher of the child. This teacher will be responsible for implementing a portion of the IEP and can participate in discussions about how to best instruct the child. When a student has more than one regular education teacher, parents may request that particular teachers attend a meeting, but the school may decide which teacher or teachers will participate, based on the interests of the child. The regular education teacher has knowledge and expertise about the content of the grade level general curriculum – the subject matter all children are being taught – as well as the classroom structure, environment, expectations, and daily schedule.

Regular education teachers contribute to the IEP team in the following ways:

• Provide information about the student’s participation, performance, progress, and interaction with their peers in the regular classroom.
• Share information about the general curriculum
• Identify areas of concern and help determine appropriate positive behavioral interventions and supports and other strategies for the child to be meaningfully included in the classroom.
• Identify needed training, materials, or other classroom support teachers may need in order to help the student benefit from classroom instruction.
• Make recommendations about individualized learning strategies and effective accommodations to be used in the classroom and school community.
• Suggest ways parents can approach homework and other opportunities to reinforce learning at home.

The special education teacher or special education service provider is a required IEP team member and plays a central role in IEP planning and program implementation. Special education teachers have received teacher training specific to particular areas of disability and are licensed in one or more special education categories. They have expertise about the disability and its impact on the student’s developmental and educational progress.

Special educators contribute to the IEP team in the following ways:

• Provide current information, research, student assessment, and progress reporting data to guide the team in making IEP decisions.
• Make recommendations about individualized learning strategies, teaching methodology, and effective accommodations in the classroom, home, and community.
• Help regular educators adapt their teaching techniques and individualize or modify curriculum in the classroom.
• Locate alternate teaching materials, assistive technology devices, and other needed resources.
• Assist the team in finding ways to include the student in all aspects of the regular school program, including extracurricular activities.
• The special education teacher is often assigned the role of IEP manager. The IEP manager is responsible to coordinate the delivery of special education services and to serve as the primary contact for the parent.

The Parent:

Long after the last teacher or therapist has disappeared from your child’s life, you will be there to support and encourage your child. Your active participation as a member of his or her IEP team will help to ensure that your child receives the education he or she needs and deserves. The biological or adoptive parent of the child usually fills the parent role. However, for some children this role is taken by a long-term foster parent, a legal guardian, a person acting in the place of the parent, or a surrogate parent assigned by the school. Although parents are equal members on the IEP team, it’s not unusual to feel somewhat intimidated by all the professionals who outnumber you at the meeting.

Parents, it may be helpful to remember that your role is critically important because of the following factors:

• You are the expert on your child. Your in-depth, ongoing relationship provides you with a wide-angle view of the child. Professionals often see the child through the lens of their particular area of expertise.
• Parents are the only continuous members on a child’s IEP team. You know what has worked and what hasn’t worked over time. You will be the one constant factor through multiple transitions at school and in life. Professionals will change from year to year.
• The parent is the IEP team member who represents and advocates solely for the individual child. School personnel are responsible for many children and must be concerned with meeting all their needs.
• You are the keeper and communicator of high expectations for your child. No one cares about your child’s success as much as you do.

Parents, to participate meaningfully and effectively as an IEP team member, parents will want to carry out the following responsibilities:

• Read the notices, reports, and documents the school provides. If you don’t understand something, ask for clarification. You may need to sign that you agree or disagree with a proposed action. Whenever possible, complete and return forms within requested timelines.
• Learn the basics of special education and the IEP process. Become familiar with school, student, and parent rights and responsibilities.
• Clearly communicate your family’s goals and concerns for your child. Help set priorities.
• Help your child to actively participate in the IEP process as much as is appropriate. Ask what is working well at school and what help your child needs. Make sure your child has the opportunity to communicate his or her interests, concerns, strengths, and preferences.
• In the meeting, keep the focus on your child. Become as informed as possible about your child’s school program. Gather information, ask questions, and when possible, observe.
• Listen to and consider other team member’s input. The strength of a team is the different perspectives each member brings.
• Monitor your child’s progress on IEP goals and in the general curriculum.
• Provide feedback to the team. Alert the team to lack of progress or other concerns.
• Celebrate successes and let people know when they are doing a good job. Everyone likes to be on a winning team.

In summary, every IEP team member has important information and expertise that affects the team’s ability to make informed, appropriate decisions regarding your child’s special education program.



All information from PACER CENTER ©2012 PACER Center, Inc. | ACTion Sheet: PHP-c203

ESY - Extended School Year

At some point during your child's IEP the question, does the child need ESY Services, must be discussed and decided as a team.  Just some helpful tips in advocating for ESY.

First, ESY is not Summer school, it is Extended School Year and is intended to continue to give your child a Free and Appropriate Public Education (FAPE) if your child shows a need for this service. ESY is not a continuation of the school year. Certain goals will be worked on or skills that need more than just the school year to maintain or develop. Once you decide as a team that your child is eligible of ESY you can can also decide what goals specifically your child will need to work on during that extended time.  

ESY is not an Enrichment Program nor should it be used for Compensatory Services. ESY is not provided to students that are not on an IEP. 

There is not set guidelines to ESY Services but we do know it's NOT based off the severity of the disability or a disability category. So, saying "he/she isn't severe enough or he/she doesn't have Autism and can't have ESY services because of _____" isn't correct - although far too often I hear these "ESY policies or rules" being said to parents. Another comment I hear often is "your child's not in self contained". 

Data supports decisions and data drives services - there should be some data collected before making the team decision for ESY Services. What kind of data? Below are a few questions that you and the team can go through and discuss - these are just a few ideas to get you started advocating if you want ESY services and these can help get the conversation going and team members thinking. 

• How is your child after a long weekend/school break? 
• Does your child need more time to get back in the swing of things? 
• Does your child lose information during those breaks and need to be retaught or constant reminders? Does the schedule change upset your child and does he/she have a hard time because of it (behaviorally, emotionally)? 
• Are these goals in your child's IEP that need extra practicing? 
• Are there skills your child is learning that are just emerging that would benefit that extended time to help them master those skills or maintain them?

Think about your child and what you feel your child could be doing during that extended time. Write your thoughts down and come up with questions individualized to your child needs. If you ever question anything - ask for it in writing and go research it! Sometimes the team will want time to collect data and see if there is a need for ESY. Set a timeline, an estimated date when you'll all meet back up again, and put that plan in writing, 

If the team agrees ESY is a need and it doesn't work for your family - vacations, family times, or maybe the change could be more detrimental than the benefit of ESY. A lot of times the classroom is changed, a new teacher, new aides, and even a different school, bus, bus driver ... you can still make YES on the IEP just in case you change your mind then just simply call the ESY department towards the end of the year and let them know. I've had parents tell me they are braking the law by not sending their children or that the school has told them they will go to jail for truancy, ESY is not mandatory. It's a service in place to maintain FAPE for children that need it. You do not HAVE TO send your child. 

SMART Goals

Do you ever wonder what a good goal is? I'm sure you've searched the "goal bank" looking for goals that might be good for your child, but here's just a little tip on writing goals that are unique, individualized, and specific to your child's needs.

First, look at your child's present levels. Where are his/her struggles? Identify them (I use a highlighter)

Then follow this:
S Specific
M Measurable
A Achievable/Attainable  
R Realistic and relevant
T Time-limited (1 year)

Specific - you want your child's goal to be specific! You don't want "William will increase his language by the end of second semester" 

Well, that's not very specific, is it? We don't know by how much, in what settings or if this is expressive language, written language, functional, fluency, social, receptive etc..  

A better goal based on Williams assessments/present levels would be - "William will name items from an array of 25 symbols when given verbal clues describing appearance, function, or other features, in 8 of 10 opportunities supported by General Education, Speech Therapist, and Special Education Teachers"

Measurable - That would be the 8 out of 10 opportunities. If you feel that may be too high you and the team can talk about what might be more attainable. It could even look like 80% , 75%, 7 out of 10, 90% - how ever it's written there it should be measurable. This is also important for collecting data and how close William is to reaching this goal.

Achievable/ Attainable - You know your child best! Look closely at his/her annual goals. Look at the benchmarks (I call them baby steps) in how they are going to reach that annual goal. Is this something you can see your child doing from where she/he is at now? Talk with the team, go over your concerns, ask them to explain how they plan to reach that goal (what does that look like?) and if the team needs to  - rewrite that goal to something more attainable. If he/she reaches the goal sooner, you can always meet again and create a new goal.

Realistic/Relevant - This is important because this is the part of the goal that because the unique and individualized piece. Make sure this is a goal that is relevant to YOUR child and unique to YOUR child's needs.

Time Limited - 1 year. We want all goal reached by the next annual IEP meeting. There is an issue when we have to write the same goal over and over. If your child isn't reaching his/her goals we need to discuss as a team what we can do differently to help meet the needs of the child.

Well, that's a start on creating unique and individualized goals for your child!


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Getting a Full Evaluation

Just a few tips on getting a full evaluation. I hear a lot that parent ask verbally requesting that they feel their child needs more support. Often times those requests gets ignored. It's important to remember that requests need to be put into writing, addressed to Administration, signed, dated, and hand delivered to the school. If you cannot hand deliver the request to the school then sending the written request certified mail will work too. This way you have confirmation the school has received it. Make sure you make a copy for yourself. The process should start fairly quickly once those steps have been taken. There are many different sample letters you can find online here are some examples -





Today's Date (include month, day, and year)

Your Name
Street Address
City, State, Zip Code
Daytime telephone number

Name of Principal or Special Education Administrator
Name of School
Street Address
City, State, Zip Code

Dear (Principal's or Administrator's name),

I am writing to request that my son/daughter, (child's name), be evaluated for special education services. I am worried that (child's name) is not doing well in school and believe he/she may need special services in order to learn. (Child's name) is in the ( _ ) grade at (name of school). (Teacher's name) is his/her teacher.

Specifically, I am worried because (child's name) does/does not (give a few direct examples of your child's problems at school).

We have tried the following to help (child's name): (If you or the school have done anything extra to help your child, briefly state it here).

I understand that I have to give written permission in order for (child's name) to be evaluated. Before the evaluation begins, I have some questions about the process that I need to have answered (list any questions you may have). I would be happy to talk with you about (child's name). You can send me information or call me during the day at (daytime telephone number). Thank you for your prompt attention to my request.

Sincerely,

Your name

cc: your child's principal (if letter is addressed to an administrator)
your child's teacher(s)


Note: If your child has been identified as having a disability by professionals outside the school system, add the following sentence to the end of the first paragraph above:

(Child's name) has been identified as having (name of disability) by (name of professional). Enclosed is a copy of the report(s) I have received that explains (child's name) condition.

Another Sample -

Today's Date

Your Name
Street Address
City, State, Zip Code
Daytime telephone number

Name of Principal or Special Education Administrator
Name of School
Street Address
City, State, Zip Code

Dear (Principal)

I am writing to request that my son/daughter be tested for special education services under the Individuals with Disability Education Act and any disabling condition under Section 504 of the Rehabilitation Act.

(Child’s name) is in 2nd grade and has difficulty understanding what is being taught in class as well as following auditory directions given to him/her by the teacher. My concern is that my child has a learning disability and therefore may require additional assistance in certain areas of the school’s curriculum. In addition to an assessment for a learning disability, I am also requesting that my child be tested in all areas, in order to rule out any other disabilities (child’s name) might have. If the School has any general education intervention programs, such as Response to Intervention or Student Study Teams, this may be done simultaneously with the assessment for special education but should not slow down the mandated time lines for assessments under IDEA.

Thank you for your timely assistance in the matter. I will be looking forward to meeting with you and the team of professionals to review my child's records and discuss my concerns and the teams concerns further.

Sincerely,

Parent’s Name
Phone/Contact

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I always say a picture is worth a 1000 words

In this case, I hope it's worth more funding and understanding. 

I'm a photographer myself (hobbyist) and I always aim my images to hopefully strike emotion in the people who view them. 

I hope that her visual story makes the difference needed for change. Here's a quote that reminded me of her mission. 

"In a picture, it should be possible to discover new things every time you see it. But you can look at a picture for a week together and never think of it again. You can also look at a picture for a second and think of it all your life".  - Joan Miro

 Photos Shine Light On Need For Medicaid Waivers

By Gracie Bonds Staples, The Atlanta Journal-Constitution/TNS | February 23, 2015

Beate Sass photographs Diane Stewart caring for her son Aaron, 21, brushing his teeth at the family home in Milton, Ga. Sass uses photography to tell the stories of people with developmental disabilities in order to educate and build support for funding for support services. (Curtis Compton/Atlanta Journal-Constitution/TNS)Christine is 23 now. Attending The Community School in Decatur, Ga., and participating in its young-adults-in-transition program. Happy.But Beate Sass knows her daughter might be vastly different had it not been for the army of friends and family who helped them navigate this life.And so the moment Sass completed the Partners and Policymaking training offered last spring by the Georgia service provider All About Developmental Disabilities, she knew what she had to do.“A lot of emphasis was placed on the importance of educating the public and Georgia policymakers about developmental disabilities,” Sass said. “I decided to focus on the importance of funding so persons with developmental disabilities can access services that will enable them to lead meaningful and productive lives.”Specifically, the Decatur photographer decided to advocate for badly needed Medicaid waivers, which provide funding for long-term care services in home and community-based settings.In Georgia, 98,000 people live with developmental disabilities. And although 7,400 of them are on waiting lists for a waiver, the state legislature last year approved money for only 400 new waivers.This year, Sass said, the Georgia Counsel for Developmental Disabilities will ask for funding to support 1,000 waivers.In addition, AADD is asking for increased funds for supported employment so that the 1,300 young adults aging out of high school this spring can secure jobs.“Without funding to support these young adults, often there is nothing meaningful for them to do,” Sass said. “They sit at home, become isolated, depressed and lose the precious skills they have worked so hard to achieve. It’s not unusual for a parent to have to quit their job to take care of them.”Sass knows because Christine has autism and cerebral palsy and because she has watched friends struggle to carve out meaningful lives for their children with disabilities.Until recently, caring for Christine required a lot of her attention and energy. Now that Christine has support, Sass has launched “Real Stories, Real People”, a website containing photo essays about individuals living with developmental disabilities and their families.“The photos depict lives well lived as a result of support through funding with a Medicaid waiver and lives that are devoid of meaning because they lack that support and funding,” Sass said.She hopes the photos will inspire legislators to increase funding.“Since most parents caring for a loved one with a developmental disability are too overwhelmed to meet with their legislators, I have chosen to be their voice and take their stories to the Capitol and to our communities,” Sass said.She plans to create a traveling exhibit and a publication that will be given to lawmakers and the public next year.The seed for the project was planted nearly five years ago when her family lived in Tallahassee, Fla.“I was already photographing people in my community and telling their stories but just didn’t know how to showcase the lives of those living with developmental disabilities.”Sass began recruiting families who wanted to share their stories. After a telephone conversation, she arranges an appointment to get to know them, their daily routine and the message they want to convey.Rebecca Fincher and her husband Bill of Johns Creek, Ga., were among the first to share a story about the daily struggles of raising a special needs child.“It’s like scheduling around a newborn or toddler that never grows up,” said Rebecca Fincher. “You have to plan and act on the needs of that person 24 hours a day.”At 22, John Fincher is the youngest of the couple’s three children. Last October, he aged out of high school without funding for a Medicaid waiver but was recently granted one. Without it, Fincher said he wouldn’t have much of a future and neither would she.Fincher feels luckier than most, but her personal and professional lives have suffered.“I’d love to work on a habitat house, routinely work out at the Y, travel with my husband but even a trip to the grocery store has to be scheduled and planned for,” she said.The public rarely sees the demands caregivers face, Sass said. They don’t see them feeding them, bathing them, lifting them.“That’s part of the personal story that they don’t share,” she said. “I hope the photo essays I have created will provide a better understanding of the unique challenges people with developmental disabilities and their families experience in their daily lives and why funding for support is critical.”

Student Participation is Valuable - Transition

These clips are great! Sadly all too often scenarios like this one happen. 

Do you want to share how you would do things differently? What would you say as a parent in this situation?

I'll give everyone some time to share their ideas. I'll be checking in to see your thoughts and I'll have some goodies for you on this topic!