SPECIAL EDUCATION LAW AND ADVOCACY
When should a parent call a CSE meeting/IEP Program Review?
- When a parent has concerns regarding the child’s special education program
- When a school district is not implementing IEP services and related services
- When a student is not making progress toward IEP goals
- Issues regarding the delivery of IEP services can initially be dealt with at the building level by contacting the special education teacher, related service providers or general education teacher – call a CSE meeting when not getting a response or meeting resistance from school staff
- Remember, a parent can call a CSE meeting at any time
How should a parent request a CSE meeting?
- Always make a request for a CSE meeting in a letter addressed to the CSE chairperson
- Notify school district in writing if intend to bring an attorney the meeting
- A parent member will attend the CSE meeting unless the parent of the child declines a parent member in writing
How should a parent prepare for and participate in a CSE meeting?
- Prepare a meeting agenda with the three most important things that you hope to accomplish
- Spirit of collaboration
- Listen to all CSE members
- Assert yourself and redirect members to the purpose of the meeting outlined in the meeting agenda
- Remember, the parent is a member of the CSE and must be afforded meaningful participation
What should a parent consider in drafting the child’s IEP?
- Goals: focus on IEP goals. The goals are the roadmap.
- Include functional goals (nonacademic routine activities of daily living) that help children function in the world
- Services: all special education and related services must be listed in the IEP
- CSE team must consider for each child with a disability whether extended year services (EYS) are necessary to provide FAPE (student will suffer significant regression of skills or knowledge, followed by an insufficient recoupment during the next school year; other considerations for EYS). EYS must run for 30 days.
- Note: “instructional services must be provided to meet the individual language needs of a student with autism for a minimum of 30 minutes daily in groups not to exceed two, or 60 minutes daily in groups not to exceed six.” Consider whether student is in a language based program.
- Remember, the child is entitled to receive meaningful educational benefit from FAPE but is not entitled to the best program
- Request that the 504 Plan be written; all accommodations and modifications should be listed on 504 Plan
What are the characteristics of good IEP goals?
- Goals must be clear, objective, observable, and measurable: consider what you want the student to know or be able to do at the end of the academic year as a result of the IEP.
- Consider goals in the following areas: study skills, academic (reading, writing, math); social/emotional/behavioral/; speech/language/oral motor; occupational therapy; daily living skills; physical therapy
- Annual IEP goals; short-term instructional objectives and benchmarks required only for students with severe disabilities who are eligible for alternative assessments
When can a parent request an out-of-district or private school placement?
- Parent must first afford the school district an opportunity to put in place a free appropriate public education that meets the unique needs of the child
- The school district is required provide FAPE, even if it does not have a currently existing classroom or program that is appropriate
What is a unilateral educational placement, and when is a parent entitled to retroactive reimbursement?
- Unilateral education placement occurs when a parent, unsatisfied with the school district’s special education program, unilaterally removes the child from the current placement and enrolls the child in a private school placement at her own cost
- A parent seeking to recover the cost of the private school placement may seek retroactive reimbursement from the school district but bears the risk that reimbursement may be denied.
- It is strongly advisable that a parent seek the advice of an experienced attorney prior to a unilateral educational placement.
What are Transition Services?
- Transition services refers to a coordinated set of activities for a child with a disability that focuses “on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from post-school activities”
- Post secondary school activities include: post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation
- IEP must include transition goals that are based on the student’s needs, taking into account the student’s strengths, interests, and preferences and should be person centered
- Transition services include: “instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation”
- Transition process begins the IEP year that the student turns fifteen but parents should be familiar with the transition process prior to that
- Student should be included where appropriate
- Consider including local agencies in transition planning; local agencies can also provide services and training
- Consider opportunities in the community
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