Special Education Advocacy & Consulting

FAQ's, Special Education Hot Topics & Newsworthy Shares

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FOUR MORE WEEKS!!

Since March 2020, COVID-19 forced schools to close with the uncertainty of reopening and many questions regarding how we will proceed in the future. Since the closure, I have sat in many Zoom meetings and webinars with various stakeholders - Attorneys, Advocates, Providers, Teachers, Administrators, and the Commissioner of Education. By now, we are all aware of what the “guidances” state however, a few points resonate with me from my last two meetings, especially in light of the current CDC “recommendations” floating around regarding the future landscape of school. 

(1) Focus on this phrase: FOR THIS CHILD. Devos did not request a waiver for IDEA requirements. Our Massachusetts state regulations and laws remain the same. And, while the USDOE has been clear that Districts can and should find agreements about deadline extensions, we are to treat timelines in effect. As a Team (parents, school, advocates & attorneys), we must think outside the box about what can be done remotely and simply, what cannot. We need to focus on a Student-centered approach, not a district-wide approach. This concept is nothing new however, it seems it bears repeating (loud and clear) for those in the far back. Your question going forward (as it always has been): what is appropriate FOR MY CHILD. In light of his/her circumstances and unique needs, can this timeline be met FOR MY CHILD? Does MY CHILD require ____? The I in IDEA has not changed. The I in IEP has not changed. Now, more than ever, decisions must be individualized and not contain district-wide blanket statements of what can and cannot be done. If our kids are not moving forward, they are falling behind.

(2) This one really hit me because it came out of the mouth of a Special Education Director. I will paraphrase her words, but kudos to her for having this frank and direct approach with her Team. She explained to her team: Guidances are just that - guidance. They are not the law. They are not mandates. However (!!) - when advising her Team, she explained to them, we must be mindful of your/our decisions. Think long and hard - At the end of the closure/pandemic, can you DEFEND your actions. Meaning, can you, at the end of this closure, sit at the end of an IEP table and defend whether (or not) you provided THIS child a FAPE and THIS child had effective progress? If you think about each student on your caseload, can you say FOR *THIS* student, “By not seeing THIS student (for ex: EVER (!), or only 1x/week, 1x/month, so forth) from March 13 until the end date of this crisis, I provided this child a FAPE. Do you feel by utilizing a consultation model and asynchronous learning, you provided FAPE? The bottom line is - Parents are not PTs, OTs, SLPs, teachers, etc. In addition, most parents are most likely working and teaching siblings of different ages and needs. So while it *sounds* like an appropriate way to provide FAPE, and technically (right now) it may be, can each member of your team defend their actions, look AT YOU - the parent - in the eye at the end of this closure and state that they provided your child a FAPE.

(3) Data is the way you argue what “THIS child needs.” Parents are not statisticians, but you need good, strong data to prove what your child needs during this closure (and after). You should have baseline data pre-COVID and data from your current Present Levels. Data is anything that is observable and can be counted. Collecting data is not difficult, however data collection is not something we, as Parents, are not trained to do. So, what can you do? You can request Parent Training! Did you know Parent Training is a related service in the IDEA? You need help learning how to collect data and school must provide this help if you need it! When you sit down at the IEP table at the end of the closure, you cannot rely upon the fact that the teachers will have all the answers. Documentation can take many forms: written journal, videos, pictures of work, online work submitted to google classroom, AR quizzes, PDFs of handouts, behavior graphs/marks, (is your child escaping, can’t sit still, arguing, etc). Document everything and anything that is causing problems, struggles, confusion, or what your child simply cannot do. Align these problems with your IEP goals and objectives.


Jen Maser