Frequent Scenario: Parent / Teacher conferences are upon us! Perhaps, you are seeing your child struggle in school. You express concern that your child is struggling, and he or she is in need of additional academic supports in school. You are informed that the school will begin to implement some additional academic supports (for example, a reading group). Or, perhaps you learn, your child has been flagged and is currently receiving additional academic supports. (Unbeknownst to you - students are often flagged for additional support and as a parent, you may be unaware your child is receiving this support). For students who may need this additional academic support, schools often choose to implement a multi-tiered system of supports (often referred to as Response to Intervention or “RTI”).

What is RTI? RTI is a general education process designed to help children who are having difficulty learning and achieving at grade level.

However, did you take the next step and request an initial evaluation?

What is essential to note: Parents have the right to request an evaluation for special education services at any time and RTI (or any intervention strategy) may not be used to deny or delay a comprehensive evaluation for special education. You do not have to“wait and see ___weeks” to learn how he or she responds to this support. RTI may not be used to deny or delay your chid’s right to a comprehensive evaluation for special education services. As with all requests, make sure to send this in writing (email is fine!). #specialeducation #specialeducationadvocate #FAPE #RTI #Autism #ADHD #Dyslexia #MAedu

Question from a parent: I have a team meeting on Friday, but haven’t received my child’s evaluation results? Should school provide me with a copy of the reports prior to our Team meeting? 

As equal team members, it is important that parents have information that is necessary for meaningful participation. Massachusetts has established procedures that require the District to provide parents with copies of assessments reports prior to the IEP meeting. 

Each person conducting an assessment must summarize in writing the procedures employed, the results, and the diagnostic impression, and must define in detail and in educationally relevant and common terms, the student's needs, offering explicit means of meeting them. The assessor may recommend appropriate types of placements, but cannot recommend specific classrooms or schools (i.e., predetermination, discussed in my next blog!). Summaries of assessments must be completed prior to discussion by the Team and, upon request, must be made available to the parents at least two days in advance of the Team discussion at the meeting. Important phrases - Upon request, and at least two days. While it is best practice for schools to provide parents with the reports prior to the meeting (and the law), a parent must request these reports (always do in writing) from the school, and you are to receive them at least two days in relation to your meeting date. The reports are lengthy and complicated, and you will need time to digest the information. And, do not be shy with your questions! Ask WHY! Ask for clarification. You cannot be an equal team member, provide INFORMED consent, and sign a legal document, if you do not truly do not understand or know the facts! #specialeducation #specialeducationadvocate #FAPE #IEP #IEPmeeting #Autism #ADHD #Dyslexia #504Plan

Frequent Scenario - School informed you that your child is doing “so well,” that he or she doesn’t need special education services. Did you know when a district seeks to terminate eligibility, it must conduct an evaluation and a team meeting to explain its decision to parents? If the parents disagree with the district’s decision to terminate eligibility, they may reject the decision, invoke “stay put,” and seek the appropriate relief though dispute resolution. Often times, a school will simply say, “your child doesn’t need an IEP anymore!” Well, amazing news…but, is it accurate? To reiterate my last post - ASK! Do not be afraid to ask questions! Can you explain to me what criteria was used in your evaluative efforts? What is my child’s functioning level? Is he or she at peer level? Is he or she behind peer level? In its required evaluative efforts to determine removal from an IEP, please remember that a school district may not use any single measure or assessment as the sole criterion for determining whether your child has a disability (or determining an appropriate educational program for your child). #IEP #IEPremoval #terminationofeligibility #specialeducation #specialeducationadvocate #FAPE #Autism #ADHD #504Plan

 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

I have been contacted several times this week regarding Parents’ Independent Evaluations, so I wanted to shed some light on the topic. 

“Within ten school days from the time the school district receives the report of the independent education evaluation, the Team shall reconvene and consider the independent education evaluation and whether a new or amended IEP is appropriate.” This is very simple. This means, ten schools days from receipt of report, the Team is *required by law* to reconvene, consider, and make an eligibility determination. The district cannot ignore this report and send you a consent form for their turn to evaluate, or tell you what they feel is “best,” or perhaps what they would like to do next and therefore, delay the determination of eligibility. Can the team request further evaluations? Yes (and, your consent to this is optional), but this consent does not negate their legal obligation to read, review, and appropriately agree/counter/or deny your proposals. Now, I want to repeat a word - the Team must meet and "consider" the evaluation results. The Team may meet, “consider,” and disagree with your report. However, by failing to meet and ignoring your report, they have essentially predetermined their rejection of the recommendations without a glance.

So, as a parent and EQUAL team member, what can you do? Leave little to question. Be proactive. How? Take this report from consideration mode to a proposal/s. Proposals require an answer. Put pen to paper and transform these recommendations into direct, concrete proposals prior to your meeting (in writing!). Next, request these proposals at your meeting triggering Prior Written Notice. Prior written notice must contain a comprehensive description of the action proposed (or refused) by the school system. According to IDEA, the notice must include:

1. a description of the action proposed or refused by the school;

2. an explanation of why the school proposes or refuses to take the action;

3. a description of each evaluation procedure, assessment, record, or report the school used as a basis for their decision;

4. a statement that the parents of a child with a disability have protection under the procedural safeguards and, how the parents can obtain a copy of them;

5. sources for parents to contact to obtain assistance in understanding these provisions;

6. a description of other options that the IEP Team considered and the reasons why those options were rejected; and

7. a description of other factors relevant to the school’s proposal or refusal.

The team must make a decision based on this evaluation. They can develop a full or partial IEP. If your child is found eligible, they are to immediately develop an IEP. Private evaluations can be extremely expensive. Don’t allow this resourceful, thorough document be ignored by the school. Please reach out if you have any questions regarding your rights! 

Students are beginning the first few weeks of the school year. Did your child receive Extended School year (ESY) this summer? Or, rather... was your child found ineligible for ESY? Take advantage of this timeframe - to help build a case for your child, request that the Team gather specific data during this first month of school. You can use this academic or behavior regression to solidify services for summer (or ANY day that is not a school day because "ESY" is not just for summer!). If your IEP states that your child mastered his or her goals from the year, now is the time to request IN WRITING and ask for data to be taken. Data doesn't lie. This request can be simple and emailed to your IEP chair and Team: Dear ____, I am writing to request for the Team (specify whom and where) to gather baseline data on my child's (reading, math, writing, comprehension, OT, speech, behavior - insert need/area). It was explained to me during our IEP meeting last school year that my child did not have the adequate data to support the need for ESY as he did not show regression or a "need" in (reading, math, insert area). I am requesting baseline data be taken during this first month, as well as before and after all school breaks (follow this up with an email prior and post each break!). ESY is not just a regression-based decision and having this data will provide you with the necessary information to help your child. #IEP #504plan #specialeducation #specialeducationadvocate#specialeducationlaw #IEPhelp #FAPE #ESY

Every year, I make an “All about me” document for teachers. As parents, we assume every teacher who comes in contact with our children has access and reads his or her IEP or 504 plan. And, this should not substitute your teacher (and all providers who work with your child) to read the actual IEP, this one page snapshot provides some extra insight into the bullet points of his or her learning style, likes, dislikes, etc. Below is a template to edit according to your own child. Please email me at jen@maseradvocacy.com if you would like the document version or some help! #IEP #504plan #specialeducation#specialeducationadvocate #FAPE #iephelp

MCAS Tip: With MCAS Testing upon us, students (and parents) are often stressed and worried about test results. Here is a tip to use this test to your "advantage" in an IEP meeting. Open the MCAS results to page 2 and 3 (see attached picture). You will see your child's scores (compared to others in the District). In particular, you can see where your child excelled or struggled (See yellow star: reading, writing, and language). Use this to your advantage! Find the weakness/es. For example, if he or she earned 1/7 on a writing prompt (see yellow highlighted circles), define this weakness, show the need, and draft a goal so your child may receive the appropriate writing services. You can go to http://www.doe.mass.edu/mcas/testitems.html, click the MCAS digital item library to review each SPECIFIC question on the MCAS. Did he or she struggle with details about characters, settings, or events? Did they struggle with grammar, spelling and punctuation? 
Perhaps it was a point of view question or reading comprehension? Your answers are IN the questions! Find the information and present the data! You cannot disagree with data! And, if the school disagrees? Ask them for a cogent explanation to why your child does not require this help (and get it in writing!). #IEP #specialeducation#specialeducationadvocate #MCAS #FAPE #IEPgoals

The IDEA defines assistive technology (AT) device as any item, piece of equipment, or product system that is used to increase, maintain or improve “functional capabilities” of a child with a disability. An assistive technology service is any service that directly assists a child in selecting, acquiring or using an assistive technology device. The AT service includes evaluation, purchase, selection, designing, fitting, customizing, adapting, maintaining, and repairing of AT devices.

Many people think of AT as a device or service used by someone with a physical disability or communication deficits. AT, however, can be an instructional support to assist in communication, mobility, controlling parts of their environment, activities of daily living, education, and employment. Areas affected could be: communication (oral or written), visual access, auditory access, organization, memory, reading, writing, note taking, test taking, and homework. These “functional capabilities” can include many areas in your child’s IEP. For example, a student with Autism may benefit using AT for communication or social skills. Or, a child with an intellectual disability may benefit using a certain computer program which teaches math skills or spelling. It is important to ask your team what assistive technology your child may need to improve his or her functional capabilities.

Did you know that Assistive Technology devices and services must be considered during the development, review, and revision of the IEP? The needs of your child must be determined on an individual basis. If a student is found to need special education and related services, then he or she is entitled to an individual evaluation for possible AT devices. School Districts may tell a parent “we do not have that AT here,” or “we cannot buy that.” Hearing these statements (regarding any special education topic related to your child) should cause concern! I’ll repeat: The needs of your child must be determined on an individual basis. Ask to see any documentation or policy that supports the assertions. In addition, if you have been using an AT device, for example, through private tutoring or in your home, provide the Team with all documentation and data! Graph the data to show your child’s progress. Input from you is just as important as input of school district personnel. If the school disagrees with requests or information, the school district is required to offer you cogent and reasonable explanations for their decisions that show the IEP as written is reasonably calculated to enable your child to make progress “appropriate in light of his or her circumstances.” A lack of progress should lead to further evaluation to determine why your child is not making progress. Remember - the IEP must be based on an individualized evaluation of your child’s potential for growth, and your school has an obligation to inform themselves about this potential, not just your child’s present levels!

Tuesday's Tip: Did you know that the school is not required to implement items discussed at an IEP meeting unless those decisions are written INTO the actual IEP document? Meaning, IN the DOCUMENT. I hear, "But The Team said it is ok - "X" teacher knows my son and what he needs." Or, "I know they have been providing the service, but it isn't in my IEP - it's ok!" And,  "My IEP says ind/group, but they promised me he is getting the ind 1:1!" Assume that if a service or goal is not in writing (or specific), it is NOT going to happen. Next time you are at your IEP meeting, and the Team agrees to a service or goal, document it! Include in this description (1) what will be provided, (2) who will provide this, (3) the duration/how long, and (4) where the instruction will occur. Yes, we all have good intentions, but there are many scenarios which cause non-implementation of a service, such as active caseloads, families moving districts, provider changes, etc. When it is written in the IEP, there is no need for interpretation. It has to be implemented and all school personnel have access to the IEP! 

#specialeducation #IEP #specialeducationadvocate #FAPE #IEPgoals #iephelp