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| Transition Planning and Your Child's IEP | Will your child transition next year?
As
a parent, you have probably been thinking about your child's future for years. Schools are not required to address the
future until your child is older, but they must have a transition plan in place before your child
turns 16. Does
your child’s IEP have appropriate transition goals? Has your child made measurable progress toward these goals? How
do you know? IDEA 2004
requires Transition Services to be “results-oriented” to “facilitate the child’s
movement from school to post school activities . . .” The law requires that Transition Services in the IEP be in place
by (before) the child’s 16th birthday. To find out what IDEA 2004 requires, read Transition Planning: Setting Lifelong Goals. IEPs must adhere to these
requirements. In this transition article, you'll find these two useful checklists: - IDEA
2004 Transition Checklist
- Transition Planning
Checklist
Read Transition Planning: Setting Lifelong Goals, print and use the checklists, and find more resources about what parents and students must do to prepare for life after
school. | back to the top |
| | How I Got ESY Services After the School
Said "No"! | Has the IEP team already taken the position that your child does not need ESY services?
Here's a success story about how one parent used the Columbo Strategy to give the team a way to change their position. To learn what the Columbo Strategy is and how to
use it, read How I Got ESY Services After the School Said No. In this success story, at the IEP meeting, the team mentioned one criteria for ESY - "regression-recoupment." Period. No other options
were mentioned. When they handed the parent a paper to sign, she was not prepared to sign it. Learn the steps she took and what happened at the
next meeting that caused the IEP team to change their position and provide the ESY services her child needed. Find more resources and cases about Extended School Year. | back to the top |
| What IDEA 2004 Says about Changing Schools
and IEPs | Will you be moving and transferring schools this summer? What will happen to your child's IEP when you change school districts?
The new school district must provide
services that are comparable to the services in the previous IEP. Read what IDEA 2004 says about Changing Schools and IEPs and the transfer of records. Don't
let personnel at the new school drag their feet about providing services. There is no provision in the law to wait one day,
one week, one month or 90 days to provide services. Read this article to find out exactly what the law says about services to students who transfer. Learn how you can use the Commentary to the Regulations to see what the Department of Education says about the regulations and IDEA 2004.
| back to the top |
| Read This Article Before You Ask for a Paraprofessional | A mother asks for advice after her child's teacher says, I Don't Care if He Has an IEP.
"Can I ask for a paraprofessional?
I’ve heard there are other kids with ADHD in the class too. And even though two teachers for 30 plus kids should be
fine, I think there are other children who could use the help." Sue Whitney Heath, who writes about reading, research based instruction, and creative advocacy strategies in Doing Your Homework, offers advice to this parent. Read this article before you ask for a paraprofessional. Then,
even if you want a paraprofessional, don’t ask for one. Instead, focus on the goals and accommodations in the IEP.
In Teacher Says, "I Don't Care if He Has an IEP," read Sue's excellent advice to this mom about what to request for
her child. | | back to the top |
| | The Wrightslaw Way: A Special Online Community | The Wrightslaw Way to Special Education Law and Advocacy is new and different.
When we post articles and requests for information or help, visitors offer advice and answers.
Read new posts about how to create SMART IEP goals for behavior problems, pros and cons of virtual schools, Pete's
answer to a question about providing an independent evaluation to the school, and much more.
Learn how to post a question or a comment.
Visit the new Wrightslaw Way blog. Help create a special online community. If you were not one of more than 10,000 people who visited
the Wrightslaw Way last week, check it out today!
| | back to the top |
| | Life after High School: AKA " Flying the Nest" | "Does the community college have to accept the senior's IEP?"
"Does the IEP follow the student, or does the college reassess the student and
write a new IEP?" Many parents don't
realize that IDEA does not follow their child into college. Post-secondary schools have no obligation to create a document
like the IEP and there is no protection under IDEA. Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act do
provide protections for students with disabilities. Find
out more about Key Differences Between Section 504 and IDEA, from Indiana Advocate Pat Howey. Section 504 Follows the Child, IDEA Does Not When
your child graduates from high school with a regular diploma or reaches the age of 22, his entitlement to rights under IDEA
ends. IDEA rights do not follow the student into college or the workplace. You need to make sure you and your child know what to expect. Read Know Your Rights and Responsibilities and the Letter to Parents from the US Department of Education, Office of Civil Rights. | back to the top |
| | Self Advocacy: Know Yourself, Know
What You Need, Know How to Get It | We've told you that IEPs end after high school. So do the rights
of parents under Section 504 and IDEA. Students need to advocate for themselves after public school. "Self-advocacy is the ability to understand and communicate one's needs to other individuals. Learning to become
an effective self-advocate is all about educating the people around you. There are three steps to becoming an effective self-advocate...
Read about these three steps and find more great
tips in Self-Advocacy: Know Yourself, Know What You Need, Know How to Get It by Nancy James. Find Your Own
Voice Students who know how
to present information about their disability and seek the accommodations they need are more likely to make a successful transition
to life after high school. Go to the Wrightslaw Self-Advocacy page for information about self-advocacy - skills
- tips
- guides
- resources.
For students transitioning to college, vocational
training, employment, or independent living, don't miss this information about learning self-advocacy skills. | back to the top |
| | Do Colleges HAVE to Provide Accommodations for Disabled
Students? | Unlike high schools, which are required to identify students with disabilities and accommodate them, colleges are required
only to have the services available. It's up to the student to make the institution aware of his or her disability and
ask for an accommodation.
Why disclose
your disability? One reason is that your disability has influenced your approach to learning, your determination, and many
other things in your life. Dr. Mike Brown, East Carolina
University, says "Many universities are now getting the message about Section 504 ..." To better your chances of
getting waivers of requirements from colleges, read his article Accommodations for College Students. | back to the top |
| | Success Stories: Embracing Self-Sufficiency | The
number of students with disabilities in post-secondary educational institutions is swelling. Students with disabilities across
the country are getting an extra hand in transition to college and other continuing education programs. Spend some time at College: Continuing and Higher Education. You'll find comprehensive information, articles, and resources you need when planning and preparing for a successful
transition. You won't want to miss
"Embracing Self-Sufficiency" and other success stories about how university disability services are supporting and encouraging students to be their own best advocates. | back to the top |
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| What is a Free Appropriate Public Education (FAPE)? | ...and Who is Responsible for Providing FAPE? The school is responsible for providing your child with FAPE. Your child's Individualized Education Program (IEP) is
the roadmap that describes how the school will provide your child with
an appropriate education. When you develop, review,
or revise your child's IEP, re-read the Purpose of IDEA. - Is the IEP designed to meet your child's unique needs?
- Will the goals in the IEP prepare your child "for further education, employment
and independent living?"
The answers
to these questions will help you determine if the IEP and the services it provides are appropriate. Strike These Terms from your Vocabulary Courts
have held that while children with disabilities are entitled to a free appropriate education, they are not
entitled to the "best" education, nor to an education that "maximizes"
the child's potential. Courts have also held that
to receive a free appropriate public education, the child must receive meaningful educational benefit. Read Who Is Responsible for Providing FAPE? to find out more about: - Educational Benefit
- Vague Goals and Objectives
- Improved Outcomes
| back to the top |
| Four Lessons for
Parents about FAPE | 1. Your child is NOT entitled to the BEST special education.
As a parent, you must eliminate the word "best" from your
vocabulary when you discuss your child's educational needs. Remember: Your child is entitled to an appropriate education.
not to the best education, nor to an education that will maximize your child's potential. To understand these concepts - FAPE v. maximizing or "best"
- read Loving Parents Want What's "Best" For Child - School Only Needs to Provide "Appropriate Program". 2. Parent testimony carries
little weight in the eyes of hearing officers and judges. Loving parents are biased. Parents want the best education for their children with disabilities.
Testimony from parents about what their child needs is not persuasive and rarely carries the day. 3. School staff will testify that their program is appropriate
about 99% of the time. At
least 99% of the time, school staff will testify that their program is appropriate and the best program for the child. (Note:
School staff can and do use the word "best," but parents cannot.) 4. Parents must have experts who know the child and who are willing to
educate the IEP team about the child's unique needs and what an appropriate program must include to meet these needs. If you have a dispute with the school, you need to
have experts in the private sector who have evaluated and observed your child. Experts must never use the terms "best"
or "maximizing potential" in their reports or testimony. Read the article about "appropriate" programs and the caselaw that supports this concept. | | back to the top |
| How Can
I Get the School to Provide an Appropriate Program? | Unfortunately, school culture often prevents school staff from realizing that sometimes,
parents really do know what their children need.
Read the story of what one mother did
when her son fell further behind after entering special ed. When my child entered special education, he was in the 2nd grade. His reading grade level
was 1.3. He is now in the 5th grade. After 30 months of special education, his reading grade level is 2.3. Read How Can I Get the School to Provide an Appropriate Program.
Learn more about FAPE. |
Here is a fact about your child's
test scores.
All important educational decisions - eligibility, services in your child's IEP,
educational progress - are based on test scores. Not
grades, not subjective observations - test scores.
There's no way around it. To be an effective advocate, you
need to know what tests measure and what test scores mean.
"But I'm just a parent. I didn't finish
college. I can't understand this stuff!"
Some parents believe they can't understand
test results. If you are in this group, it's time to change your beliefs! Not grades, not subjective observations - test scores.
There's no way around it. To be an effective advocate, you need to know what tests measure and what test scores mean.
"But I'm just a parent. I didn't finish college. I can't understand this stuff!"
Some parents believe they can't understand test results. If you are in this group, it's time
to change your beliefs! In this issue of the Special Ed Advocate, we explain why it is essential
that you understand your child's test scores. We include some amazing success stories from parents who used their children's
test scores - and were able to negotiate with the school for good programs. Please forward this information to a friend or colleague.
Sign up free today! l Read previous issues
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| | Cold Hard Numbers and a Successful IEP
Meeting | "I thought I would have to do a lot of persuasive arguing at the IEP meeting.
"I DIDN'T HAVE TO SAY A WORD!
"The IEP team had reviewed the objective data I sent before
the meeting."
Does this sound
too good to be true? This is exactly what can happen when you learn to present objective data on your child, the cold hard numbers from tests. A therapist's notes say your child
is "Doing better." The teacher says, "He's passing. His grades are good." What happens
when subjective observations are not supported by test data? What happens when objective test data shows that the child is
making little or no progress? Read Cold Hard Numbers and a Successful IEP Meeting to see how one parent learned, then taught the IEP team that you can't argue with cold hard numbers. The Numbers Do Not Lie Still not convinced that parents must understand test scores? In The Numbers Do Not Lie - Charting Test Scores, you'll meet a parent who used test scores to make charts that documented her child's lack of progress. Then she
asked the IEP team to explain these scores. The numbers didn't lie. The IEP team agreed with her and offered one-on-one services during the summer to improve her
child's reading skills.
Remember:
All important educational decisions - eligibility, the services in the IEP, educational progress - - are
based on test scores. | back to the top |
| | Using Test Scores
to Determine Eligibility | A parent
writes,
"The school retested my daughter and said she was 'no longer LD' because her IQ is 'solidly
average' and she makes good grades. They want to terminate all special ed services.
I disagree. She still struggles
with reading and needs help. Is the fact that her IQ is average and she makes good grades sufficient to make this decision?"
Sue Whitney Heath, author
of Doing Your Homework, answers:
If the school's criteria for determining a child's eligibility for special education are IQ
scores and grades, this is incorrect and inappropriate.
Before
the school determined that your child was eligible for special education, they were required to do a comprehensive
evaluation and assess all areas of suspected disability.
Before the school can
determine that your child is not eligible for special education, they are required to do a comprehensive
evaluation and assess all areas of suspected disability. Because grades are so subjective, the IDEA does not even mention "grades" or "passing grades" as a factor in determining if a child is or is not
eligible.
To learn how eligibility decisions must be made and other legal requirements for determining if a child
is or is not eligible for special education, read Can the School Terminate My Child's Eligibility for Special Ed? Evaluations, IQ Scores and Grades.
Read more Doing Your Homework articles by Sue Whitney Heath. Remember:
All important educational decisions - from eligibility,
the services in your child's IEP, how progress is measured - are based on test scores. To be an
effective advocate, you must
learn about Tests and Measurements -What Your Child's Test Scores Mean.
Isn't it time you stepped up to the plate?
If the answer is "yes," you'll find a good tutorial in Chapters 10 and 11 of From Emotions to Advocacy. You can also read the article, Tests and Measurements for the Parent, Educator, Advocate & Attorney by Pete and Pam Wright.
We have more help. Because you need to master this material before the next IEP meeting,
a new Wrightslaw multimedia training program, Understanding Your Child's Tests Scores,
will be available soon. For more information, read on.
| back to the top |
| | Coming Soon! Understanding Your
Child's Test Scores | Why are test scores so important? When you understand your child's
test scores, you can - - identify your child's strengths and weaknesses
- identify your child's
needs
- determine if your child is making progress
- create charts that document progress or regression
And, all
important educational decisions - eligibility, services in your child's IEP, educational progress - are
based on test scores.
In
the new Wrightslaw WebEx training program Understanding Your Child's Test Scores, Pete Wright teaches you about standard scores, percentile ranks, subtest scores, composite or cluster scores, and subtest
scatter.
Pete will teach you about the bell curve, mean, and standard deviations. You'll learn how to draw
the bell curve and how to use your child's test scores to create powerful progress graphs.
Don't believe
it? Every year, we train thousands of parents in our live programs. By the end of the day, they can draw the bell curve, with
the mean, standard deviations, and percentile ranks. With Wrightslaw WebEx programs, you can go over the material until you
master it. You want to master this material before the next IEP meeting!
Coming Soon!
The newest program in the Wrightslaw Special Education and Training Series, Understanding Your Child's Test Scores, will be available soon. If you subscribe to The Special Ed Advocate newsletter, you'll receive an announcement about the Special Introductory Offer for this new program. Watch your
email this week! | Wrightslaw WebEx Training Programs
"This is advocacy training at its best..." "As my husband drove home from the program, I pulled out my
laptop and learned how to make the bar graphs you demonstrated during the program. What an incredible difference this made
in the letter I was writing about my son’s test results. His strengths, weaknesses and needs were so much more apparent
than in a list of numbers! "
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| | Specific Learning Disabilities:
Discrepancy & Response to Intervention (RTI) Models | Until Congress reauthorized IDEA in 2004, struggling children who needed help did not receive services prompty. Many had to
“wait and fail” before receiving an evaluation. This led Congress to change the requirements for evaluating children who may have specific learning disabilities.
Schools "shall not be required to take into consideration whether a child has a severe discrepancy
between achievement and intellectual ability ... [but] may use a process that determines if the child
responds to scientific, research-based intervenion as part of the evaluation procedures ... " (Section 1414(b)(6)
(Wrightslaw: Special Education Law, 2nd Edition, page 97)
This scientific, research-based
intervention process is called Response to Intervention.
What is Response to Intervention? How will these new practices affect struggling children who have not been identified
with specific learning disabilities? How will this affect the millions of children who have been identified with specific
learning disabilities and who are receiving special education services? How will this affect you?
The devil is
in the details. The success of Response to Intervention (RTI) will depend on whether it is appropriately implemented by highly-trained professionals - and this is likely to be a problem.
To learn why, read What You Need to Know About IDEA 2004: Specific Learning Disabilities - Discrepancy & Response to Intervention Models.
| back to the top |
| | RTI: Guidelines for Parents &
Practitioners by James Hale, Ph.D. | Dr. Hale begins Response to Intervention: Guidelines for Parents and Practitioners by saying, "The field of education is never a dull place ... Over and over again, we see people get very excited about
the latest ideas, buzzwords, and cure-alls for the education system." He encourages us to resist the urge to jump on
the latest bandwagon.
Hale, Associate Professor of School Psychology, describes another new buzzword. "Response
to Intervention." In RtI: Guidelines for Parents and Practitioners, he explains what RTI is, what it means for helping children learn, and how it can be used to identify children with specific
learning disabilities.
Fixing a Broken System
Hale writes, "In the old system, there was regular education for 'typical' children and a separate special education
for children with disabilities. Special education became a 'place,' not a service, and too many children in special
education continued to struggle."
"Under the old system, children who struggled had to be labeled first
with a disability. Many were labeled as having a specific learning disability (SLD) .... research challenged this method ...
many children were identified but an insufficient number were getting special education."
A
Solution? The Rise of RtI
RtI typically includes three or four 'tiers' of instruction.
According to Hale, "The basic ideas of RtI were developed over a century ago ... You collect data over time and adjust
instruction until the child achieves success." - A
teacher modifies instruction (intervention)
- The
child's progress is checked often (progress monitoring)
- If the intervention works, the problem is solved
- If the intervention does not work, you change the intervention and monitor progress.
Hale describes the Concordance-Discordance Model of SLD Determination. A child is evaluated
and cognitive strengths and cognitive weaknesses are identified. This model uses cognitive and neuropsychological measures
in a comprehensive evaluation.
Limitations of RTI
Dr. Hale acknowledges that RtI is limited by difficulty of establishing the criteria for the "scientific research
based interventions" mandated by IDEA 2004 (20 USC 1414(b)(6)).
He also cites a lack of mutually agreed upon
instructional methods and strategies for different academic subjects and in different grades. "Teachers may not be adequately
trained to teach and may not have the knowledge and skills to use scientifically based instructional practices and assessments."
Read more. Response to Intervention: Guidelines for Parents and Practitioners by James B. Hale, Ph.D.is available as a printer-friendly PDF document and in html: PDF: http://www.wrightslaw.com/idea/art/rti.hale.pdf HTML: http://www.wrightslaw.com/idea/art/rti.hale.htm | back to the top |
| | Defining and Identifying Learning
Disabilities | In Alternative Approaches to the Definition and Identification of Learning Disabilities: Questions and Answers, Fletcher, Coulter, Reschly & Vaughn explain why adequate instruction for students with LD, identification must focus
on assessments that are directly related to instruction.
Services for struggling students must focus on intervention,
not eligibility. Special education must focus on results and outcomes, not eligibility and
process.
Identification models that include RTI will lead to better achievement and behavior outcomes for students
with LD and those at risk for LD.
Learn
more about Response to Intervention (RTI). |
In this issue of the Special Ed Advocate, Wrightslaw provides answers to frequently asked questions, directs you to specific sections in IDEA 2004, the Federal Regulations,
or NCLB and offers additional resources for more information. We've listed the questions by topic, so you can quickly scroll through the list and pick the
ones you need. For your information (and convenience),
watch for more FAQs: Quick Picks on different topics in future issues. Schedule for "Spring Training". Pete and Pam hit the road running in 2008 and have just returned from the West Coast. Four more conference opportunities
are available this spring from Maine to Missouri. Check the full training schedule, make your plans, and register now! Can't travel
now? Train at home. Here's how. Don't hesitate to forward this issue to other families, friends, and colleagues. 
Sign up free today! l Read previous issues |
| | Advocates and Advocacy | Need help? Not sure whether
you need and advocate or an attorney? You know you need an evaluator, but don't know where to look for
one in your area? Should you hire a consultant? Answer:
How Can I Find an Advocate or Attorney? You've spent much time negotiating an
effective program for your child, does that qualify you as an advocate? Would you like to become an advocate to help other
families? What skills do you need to learn? What do you need to do? Answer: So You Want to Be an Advocate? | back to the top |
| | Behavior and Discipline | My child is a
good student, but some teachers say he has behavior problems. Can I ask for a paraprofessional? Can they ask my child to leave
the school? Answer: Teacher Says, "I Don't Care if He Has an IEP," - Mother Asks for Help For how long can the school suspend my child? Are they
just trying to get rid of him? The school knows about his diagnosis, why don't they give him help? What should we do next?
Answer: Can the School Expel my Child who has ADHD & Learning Disabilities? | back to the top |
| | Reading | How do I get
a teacher trained in Wilson Reading or Orton-Gillingham? Is a teacher "highly qualified" because she has taught
for 5 years? 10 years? The school's reading plan isn't working - what can I do? Answer: How Do I Get a Trained, Certified Reading Teacher? What is a research based program? Does IDEA and NCLB require
reading specialists to use a research based program with all their special ed students? Where do I find a list of programs
and assessments? Answer: Why Use Research Based Reading Programs? Can I request that the school use a particular reading
program for my child? Should I sign the IEP and be thankful for whatever I get? The school says I'm not entitled to tell
them what to use - is this what NCLB says? Answer:
How Can I Get the School to Provide an Appropriate Program? | back to the top |
| | Evaluations and Test Scores | My son's test scores are dropping and the school doesn't
care. How can I measure his progress or lack of it? What can I do? Answer: Test Scores Dropping, School Doesn't Care - What Can I Do? I think my child has a learning disability. What tests
should I request? How do I learn about evaluations? Answer: My Child is Being Evaluated...What Tests Should I Request? What is an IEE? Is an IEE a valuable
tool? Who is financially responsible for an IEE? What happens when parents disagree with the school district about an IEE?
Answer: Independent Educational Evaluations: What? Why? How? Who Pays? |
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