If you are concerned about your child's progress and you took the time (and spent the thousands of dollars) to have your child evaluated (privately) and you are now going through the process of ELIGIBILITYplease read. School is REQUIRED to determine Eligibility from that outside evaluation! REQUIRED. I had several discussions about this during consultations this month. This is in our state regulations. As in legal requirements that clarify/ elaborate your child's special education rights and the District's responsibilities set forth in the MA statute (M.G.L. c. 71B), the Federal statute (20 U.S.C. §1400), and the Federal regulations (34 CFR §300). Your District CANNOT PROLONG eligibility determination (and/OR the potential development of an IEP)... in order to do their own testing. "Well, we would like to do XYZ testing now..." NO. Read about this here: https://www.doe.mass.edu/lawsregs/603cmr28.html?section=05 (28.05(2)). When you are going through INITIAL eligibility, the Team MUST determine eligibility. The Actual Quote: "The Team shall (this means MUST, REQUIRED) examine the evaluative data, ***including information provided by the parent,*** (as in YOUR private evaluation) and make one of the following determinations..." Eligible. OR Not Eligible. If eligible, they can draft a Full OR partial IEP, but they cannot just *skip* this requirement as they suggest "we want more testing...". Likewise, they cannot deny programs or services determined to be necessary by the Team! They are REQUIRED to make a decision based on the evaluation and if they develop a partial IEP, you would convene, again, and review the additional evaluations and consider the findings and decide (AS A TEAM) whether or not the new data should be implemented in the IEP. INITIAL eligibility is not "consider." It MANDATES the determination of eligibility. Please read this link to understand your rights! It is December and if you let the District do this, you are looking at a End of February to MARCH meeting. Please understand what they are doing when this happens and take a hold of your rights. #specialeducationadvocate #specialeducation #IEP #iepeligibility #teammeeting #FAPE #dyslexia #ADHD #pwn
Let's talk Prior Written Notice (PWN). In MA, you may hear the term N1 (the notice of proposed school district action) or N2 (notice of school district refusal to act). Here is what it looks like: https://www.doe.mass.edu/sped/iep/forms/english/n1.docx and https://www.doe.mass.edu/sped/iep/forms/english/n2.docx.
Every single time there is a proposal or rejection, the Team is required (formally- with cogent, logical explanations) to either accept or reject ANY suggestion, request, and proposal that an IEP Team member makes (*this is you*!).
📌This MUST include in writing via the forms above📌
1. A description of the actions PROPOSED or REFUSED by the school district / you (!)
2. An explanation of WHY the action was proposed or refused
3. A description of EACH assessment procedure, record, or report the school used as a basis for the proposal or refusal
4. A statement that parents have protection under the procedural safeguards
5. Sources for parents to contact to find help in understanding the provisions of PWN
6. A description of other OPTIONS that IEP team considered AND the reasons the options were rejected; and
7. A description of any OTHER FACTORS relevant to the action proposed or refused.
‼️TAKE ADVANTAGE of the PWN and the #'s above. Before your meeting, ✅set your Agenda and send to the Team. ✅Email all requests/proposals for each and every item you want to deliberate in the meeting. ✅Repeat these proposals verbally in your meeting. "Based upon the findings and recommendations in ___’s report, we are formally proposing Johnny receive ____ (ex: 5x60 minutes of OG provided by an OG Certified Reading Instructor.) Do you agree or disagree?" (Wait for answers and follow the forms). This proposal must be in the PWN and it must describe your proposal and follow the PWN requirements above.
❓But, what if their PWN does not account for this proposal or isn't accurate of what occured? Notes are only as good as the notetaker (in this case, their N2). Do not let it stand; do not wait. CORRECT the inaccuracy/ies.
❓How? Write your own PWN to the school! Keep it factual. Dear Mrs. So-and-So, Thank you for meeting on ___. We would like to clarify what occurred at ___ meeting and what the Team agreed to/disagreed with regarding our proposal. We proposed (#1 __description of proposal). We proposed this because (#2, ex: reading 2 levels below grade level). This proposal was based and supported by the ___(#3 explanation of why you proposed __). During the meeting you stated Johnny did not need OG. You did not provide data or evaluations. You stated Johnny appeared to be reading "at grade level" in the classroom. The Team did not provide a description of any evaluation, assessment, record or report used as a basis for refusing our proposal. We, however, provided the team documentation in the form of (#3 why you proposed, giving an explanation of each evaluation, assessment, record and report). This ___ contradicts your observation of Johnny in the classroom, however the Team did not provide a logical explanation for refusal of this proposal. In addition, there were no other considered options provided by the Team. (and so forth with your account of the meeting, keeping it factual and brief). Correcting the inaccuracies provides you with written documentation should you decide to take next steps via your procedural safeguards (due process, state complaint, etc). Take a hold of your rights! And never stop learning - Here are some links to learn more! https://www.wrightslaw.com/.../iep.disputes.popup.resp7... PWN to follow in a meeting. I use a form similar to this (PDF and word doc). https://www.wrightslaw.com/advoc/tips/bonnell.iep.attach.htm Model PWN Form: https://www.wrightslaw.com/idea/law/model.pwn.form.pdf Sample Letter Requesting Notice https://www.askresource.org/.../Sample_Letter_Requesting... Sample Letter Correcting PWN from School https://www.wrightslaw.com/info/pwn.throw.flag.htm#letter Federal Reg to see content of notice: https://www.law.cornell.edu/cfr/text/34/300.503
#priorwrittennotice #iepeligibility #iepmeeting #iepteam #FAPE #dyslexia #specialeducationadvocate #specialeducation #specialeducationlaw #IEPforms #N1 #pwn
Does your IEP grid use the words "Sped Staff" under Type of Personnel? I am currently reading through three (3) separate IEPs that use this term to describe the Personnel in the Grid. Despite PQA finding a District in noncompliance for using this term in 2013 (!), Districts are still attempting to use this in IEPs. (Examples below)
PQA ruled that this is in violation of 603 CMR 28.06(2)(a) and stated that "the term SPED Staff is not sufficient to describe the types of personnel required on the IEP service delivery grid." PQA directed the District to refrain from using the term sped staff and that each IEP should identify the type of service providers, e.g., special education teacher, paraprofessional, Occupational Therapist, etc.
CMR 28.06(2)(a) requires an IEP Team to consider "the types of service providers." In order for an IEP Team to make a reasonable decision regarding a student's placement, the IEP Team (and this includes, YOU, the parent!) must have some knowledge of the kinds of service providers who will provide the student services. PRS stated, “In the same manner which the IEP Team must distinguish between the types of related services necessary for the student (for example, "speech Therapy" or "Physical Therapy") in making its placement decision, the regulation requires the same sort of consideration for distinguishing the student's service providers.” "SPED Staff is not sufficient to describe the types of personnel required on the IEP service delivery grid. PQA ordered the District to send a memo to the IEP Team Chairpersons stating that the use of term "SPED Staff' on the IEP service delivery grid is not acceptable and that each IEP should identify the type of service providers, e.g., special education teacher, paraprofessional, Occupational Therapist, etc.
Parents - your child’s IEP depends on the specificity of the language. How can you provide informed consent if you do not understand what you, the most important member of the team, are consenting to in the IEP? Details and language matter! When reading through your child’s IEP, go through the language in the document word for word. If you interpret the language one way, the likelihood is that someone else will interpret the language another way. When reading an IEP, a Hearing Officer found that the sentence, “rules-based reading with one-to-one instruction” did not equate to the interpretation proposed by the Parent that the child’s systematic reading instruction be delivered only in a one-to-one setting. Rather, the Hearing Officer found that the IEP language was inclusive and should be read broadly to permit flexibility in selecting the appropriate setting for the delivery of services.
Scenario: You are in an IEP meeting. You discuss needs, goals & services, come to what you believe was a mutual conclusion/s, only to wait (what the District finds as "reasonable time") to receive the IEP and N1 to see it describes very little, or the complete opposite, of what you discussed? Then, you find yourself in an "I said, They said" email back-and-forth chain, which in the end, only serves to delay and drag the ticking clock of your child's school year. Assert your parental rights at your IEP meeting. Districts have the technology to present at least the key service components of an IEP as you leave the meeting. This "summary," at a minimum, MUST include (1) "a completed IEP service delivery grid describing the types and amounts of special education and/or related services proposed by the district, and (2) a statement of the major goal areas associated with these services." IF the school provides this, they may take no more than 2 calendar weeks to prepare the complete IEP. Request and review this summary, as well as the Chair's notes before you leave that room! If this summary and notes do not accurately reflect your revisions or decisions, politely wait until it does... (See: Memo on the Implementation of 603 CMR 28.05(7), MDESE December 1, 2006). #specialeducation #specialeducationadvocate #specialeducationlaw #FAPE #IEP #IEPhelp #IEPmeeting #ADHD#Autism #Dyslexia
I don’t know why I am surprised when certain things occur or are said in IEP meetings.
Frequent Friday Scenario: You, the parent, are sitting in your child's IEP meeting, whether for eligibility, a Team reconvene, reviewing evaluations, etc., and the School District (insert Special Education Administrator, Principal, or IEP chair) says something you find confusing or quite frankly, it just doesn’t sound “right” to you, but you feel silly questioning his or her explanation and authority. I mean, after all - you are a parent, you don’t have the expertise and knowledge this person allegedly has, and you should trust what he or she is saying about your child, right? They said it? It MUST be true?! Let’s use an example: You request a reading methodology or for your reading service to be provided by the school Reading Specialist. Your child has a reading goal, however he cannot read, has not progressed with the current eclectic reading program the school is attempting to use, and has never seen the Reading specialist. School's answer: "We never give 1:1 (or, OG, Wilson, etc) reading therapy, or "We only do small group," or "Students like him do not see a reading specialist,“ or We don’t have enough reading specialists at our school right now so we will have to assess if someone is available.”). Yes. This happens.
JUST because the school says something, does not make it FACT. If you take anything away from this post, take this: QUESTION EVERYTHING. Ask WHY? Can you explain? Ask for documentation. Ask for the School Policy. If the school says, “We don’t provide 1:1.” You say: “Can you please show me the school board policy on this.” School says, “We don’t have a provider for your child.” You say: “Can you provide me the regulation or law that supports that an eligible student must wait in line until school find the funds to hire another provider for a service he or she needs?” Your child’s IEP is needs-based and needs-driven, and school's lack of resources is not your child's responsibility. It may very well be true that the school does not do X, or that they cannot offer Y. However... that does not mean that they SHOULD NOT! There is a difference - and do not be afraid to ASK WHY! You cannot be an equal team member and provide INFORMED consent, and sign a legal document, if you do not know the facts! Hold them accountable, and follow every meeting with a written letter documenting the conversation and requesting the information! #specialeducation #specialeducationadvocate #FAPE#IEP #IEPconsultanting #IEPhelp #504Plan #Autism #ADHD#dyslexia www.maseradvocacy.com Jen@maseradvocacy.com
Regardless of your research and team construction of well-written goals, without proper services, a student will regress and cannot receive an appropriate education. The service grid lists all the services your school must provide in order for your student to reach his or her goals. The Service Delivery Grid has three sections: A, B, C, referred to as “the A Grid”, “the B Grid”, and “the C Grid.”
IEP meetings are confusing, but the service delivery grid can cause some parents panic. What does A mean? Why are there so many numbers? Who is “Staff”? When we think about services in special education, we specify whether the student receives service in the classroom with general and special education students combined, or whether the student receives service in a setting outside of the general education setting.
The A Grid: The A grid corresponds to teacher/provider/parent support, training, or consultations. It can be as simple as two teachers having a 1X20 consult a week, or a parent’s consult with the teacher/provider.
The B Grid: This describes your student’s services IN the GENERAL education setting. If your child has a provider in the general education class, or has “push in” service, you will find the information here (academic support in the class, SLP “push in” service, Math support via the Math teacher).
The C Grid: This describes services OUTSIDE of the general education setting. Typically, school will refer to this as “pull out” services, or services spent with providers in their various other settings (OT room, SLP service 1 on 1, resource room, Reading specialist, etc).
Under A, B, and C, you will find 6 columns: focus on goal, type of service, frequency and duration/per cycle, start date, and end date. The first column, Focus on Goal #, corresponds to your child’s measurable goal # in the IEP. Some services will correspond to one goal, whereas some services may correlate to several goals. Regardless, if a service is on the grid, it must relate to a goal. The second column is Type of Service. This is the service or subject area of your child’s IEP. This can be academics, counseling, speech, OT, or ANY area of need that is identified and has a correlating goal. The third column is Type of Personnel. This will be a separate blog topic, but for now, you must pay attention to this column to see which member is responsible for the service. Does it say Staff? Does it say SPED Staff? Does it say Aide? Does it say Math Staff? ASK who is providing the service and what are the qualifications of this provider? If your child's service grid has SPED as the provider, this could be done by an assistant or any person on the special education staff. There is no obligation to provide a certified or highly qualified staff to provide services unless it is written in the service delivery grid or IEP. The fourth column is Frequency/Duration (Per cycle). This is an important section to review, as well, because it is very easy to miss the fact that duration or frequency of services could be an inadequate amount of time to cover material per class time (think Middle School transition and time blocks). You may have a laundry list of services on your grid, but if the time is minimal and infrequent, your child will not progress as you hope. The fifth / sixth column refer to start and end date of services. Typically, this corresponds with your IEP meeting, signifying the beginning of new goals, and the end of the IEP period. As with anything you discuss regarding your IEP - concerns, edits, additions - make sure you do so in writing, AND it is written in your IEP! As always…written, or it didn’t happen!
The beginning of the school year is filled with many “to-do’s” for parents: packing lunches, buying required school supplies, filling out teacher paperwork, updating school health forms, attending open house…the list goes on! However, for your children, the only back to school thoughts they are having are the never-ending options of after-school activities, sports, classes, and clubs! Cue the carpools and late night dinners. Extracurricular activities are an important component of an overall education program. Participation in extracurricular opportunities provide important health and social benefits to all students, particularly those with disabilities. Many students, however, do not attend these extracurricular activities and parents are often led to believe that special education services are not provided for these activities because they are not “academic” or not within school hours.
Federal regulations provide a list of nonacademic and extracurricular services and activities, which include sports, counseling services, transportation, health services, recreational activities, or clubs / groups sponsored by the school. Further, the Massachusetts regulations state that all students receiving special education must have an equal opportunity to participate in non-academic and extracurricular programs of the school.
When discussing nonacademic and extracurricular services and activities, school districts must ensure that each child with a disability participates with nondisabled children in extracurricular services and activities to the maximum extent appropriate to the needs of that child. And, the school must ensure that each child with a disability has the supplementary aids and services determined by the child's IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.
Now, what does this mean to you, the parent of a child who cannot manage extracurricular activities alone or needs certain accommodations or services to access the life of the school? Perhaps, it is first grade after-school flag football, or a recreational class organized by the school? Maybe he or she wants to join the chess club held at the school library, or try an art class taught by the school Art teacher? Or, your child wants to participate in school council but has a 1:1 aide, or would love to be cast in the school play, but has dyslexia and cannot read the scripts? The school district must take steps, including supplementary aids, services, and accommodations, determined appropriate and necessary by the IEP Team, to provide nonacademic and extracurricular services and activities as they would for non disabled peers. This means schools must provide disabled students with the help they need to be involved in these activities, and these activities, as well as the supplementary aids and services, must be in your child’s IEP.
Now, simply because a student is a “qualified” student with a disability does not mean that the student must be allowed to participate in any selective or competitive program offered by a school district. Schools may require a certain skill level or ability in order to participate in a competitive program. So long as the selection or competition criteria are not discriminatory, your child is required to tryout/audition like all students. Your student does, however, have the right to tryout with needed supports.
Meet with your child’s IEP team, including any and all school staff involved in after-school programs, to discuss your child and the supports and services necessary for success. Team collaboration is the key to this success. All students must have access to any activity or program sponsored by the school. If an after-school or before-school program is run by the school, then all students must have access. If a student has an aide during school as specified in his or her IEP, then as determined appropriate and necessary by his or her team, the school must provide an aide for the extracurricular program. It is not uncommon for a school to inform parents that a child cannot attend a program unless the parent accompanies the child. This is not true! There is no requirement that a parent must accompany a child, and the school cannot prevent a student from attending for that reason. Likewise, do not let the school inform you their obligation is over when the school bell rings! Every student with a disability, and this means a student on an IEP OR a 504 plan, has the right to access not only the school curriculum, but has the right to the life of the school!