August 22, 2014 in Special Education Advisor Blog by Doug Goldberg
The Individuals with Disabilities Education Act (IDEA) when reauthorized in 2004 introduced the concept of Research Based Instruction. This was done in order to align the regulations with the No Child Left Behind Act and to hold Schools more accountable for the lack of progress children with disabilities were making in their classrooms.
Congress, in their findings, determined, “the implementation of this title (IDEA) has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities.” Read the rest of this entry →
August 19, 2014 in Special Education Advisor Blog by Doug Goldberg
What is it?
Compensatory education is generally defined as a remedy owed to children with a disability who have been denied, a Free Appropriate Public Education (FAPE). Compensatory education may include summer services, additional therapy hours, or other measures that make the student whole for past violations of the Individuals with Disabilities Education Act (IDEA) by the School District. Compensatory education is intended to be a onetime offer to compensate for past denial of FAPE and doesn’t relieve the School District of providing FAPE on a go forward basis. Thus, compensatory education should be in addition to the necessary services to provide the child FAPE in the current or future Individualized Education Programs (IEP). Read the rest of this entry →
July 27, 2014 in Special Education Advisor Blog by Dennise Goldberg
As many of you know, over the years I have written about our son’s difficulty with food. From the very beginning with his texture sensitivity with food, apraxia and sensory processing difficulties… food has not been a friend to him. He is now 13 ½ years old and he finally looks at food as something to look forward to and not something to fear.
It all started a couple of months ago when he started to watch the Food network and Cooking Channel with me. Mind you, I do cook quite a lot at home but he was never interested in watching me or tasting my dishes….trust me I asked him on many occasions to taste what I was cooking and he refused with vigor!! I haven’t pushed food in the past several years because he’s older and that window had closed, so I secretly hoped that someday that window would re-open again. Well sure enough, I was watching Brunch at Bobby’s one day and he was making scrambled eggs, my son looked at it and said, “That looks good!” I was shocked to hear him say that because I’ve made it many times at home and he was never interested in trying it. I asked him if he would like me to make some for him and he said yes. So I made him one egg the next morning with salt a pepper and he tasted it and said, “Yuck.” I told him to try it again and he did and after the second bite he said, “Yeah….I could eat that!” He ended up eating half the egg that morning. Fast forward to present day, he now eats three scrambled eggs mixed with cheddar cheese in one sitting. Someday if I ever see Bobby Flay, I have to thank him for inspiring my son to eat scrambled eggs!! So it began, our son’s love of food. Read the rest of this entry →
July 8, 2014 in Special Education Advisor Blog by Doug Goldberg
How many parents attended IEP’s recently where you requested changes to your child’s IEP only to be met with resistance and ultimately the School District refused to make the change. This happens often and many times the parents leave the meeting unsatisfied and not understanding why their request was not approved. If that is the case the School District is not adequately following the requirements under Prior Written Notice (PWN). Not only are decisions about your child’s IEP supposed to be Team decisions BUT they are also supposed to be fully thought out, based in facts and put in writing. This is why the Prior Written Notice requirement was put in place. It’s easy for a School to say no, it’s not always so easy for them to articulate why they said no. It becomes increasingly more difficult for the School to explain if the real reason they said no was not based on your child’s individual needs but based on budget concerns or other monetary issues. Read the rest of this entry →
July 5, 2014 in Special Education Advisor Blog by Doug Goldberg
I don’t understand why every time we post an article on Special Education Advisor regarding advocacy or relationships with your child’s school we always get the same type of comments. If the article is discussing how to collaborate with your school or create a positive relationship I receive comments about how utilizing this philosophy would put you in a weak position. On the other hand, every time we post an article about being a strong advocate for your child we get comments about how this is counterproductive to the collaborative nature of the IEP Meeting. Since when did we start living in a universe where you can’t have a positive relationship with your child’s school and be a strong advocate for their needs? You absolutely can do both, but it requires finesse. Before we talk about how to do this I want you to see two of these comments we have received. On the article Top Ten Methods to Foster IEP Team Collaboration we received this comment: Read the rest of this entry →
May 20, 2014 in Special Education Advisor Blog by Doug Goldberg
Free Appropriate Public Education (FAPE) is a myth! Generally speaking, if your child has an Individualized Education Program (IEP) they are either receiving a Free Public Education or an Appropriate Public Education but not both. The term FAPE means special education and related services that:
- have been provided at public expense, under public supervision and direction, and without charge;
- meet the standards of the State educational agency;
- include an appropriate preschool, elementary school, or secondary school education in the State involved; and
- are provided in conformity with the IEP required under Section 1414(d) of the Individuals with Disabilities Education Act. Read the rest of this entry →
May 18, 2014 in Special Education Advisor Blog by Dennise Goldberg
The phrase “Elephant in the Room” has been a part of the English language for a very long time; I’m sure as adults we’ve all used it in conversation at one time or another. Wikipedia defines it as “is an English metaphorical idiom for an obvious truth that is either being ignored or going unaddressed.” The two words that I think stand out the most in the definition are “ignored” and “unaddressed.” Let’s now apply this definition to children with disabilities; the “Elephant in the Room” in many schools or households is a child with a disability. There are many reasons why a child’s disability may be ignored or not addressed. Read the rest of this entry →
April 12, 2014 in Special Education Advisor Blog by Doug Goldberg
Subpart E—Procedural Safeguards Due Process Procedures for Parents and Children
§ 300.500 Responsibility of SEA and other public agencies.
Each SEA must ensure that each public agency establishes, maintains, and implements procedural safeguards that meet the requirements of §§300.500 through 300.536.
(Authority: 20 U.S.C. 1415(a)) Read the rest of this entry →
April 12, 2014 in Special Education Advisor Blog by Doug Goldberg
When reauthorizing IDEA in 2004 Congress found that “while graduation rates for children with disabilities continue to climb, providing effective transition services to promote successful post-school employment or education is an important measure of accountability for children with disabilities.”
IDEA defined transition services to mean a coordinated set of activities for a child with a disability that:
- is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;
- is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and
- includes 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. Read the rest of this entry →
April 11, 2014 in Special Education Advisor Blog by Doug Goldberg
One of the most devastating calls you can receive as a parent is the School calling to tell you they have initiated an expulsion proceeding against your child due to poor behavior. If your child has an Individualized Education Program (“IEP”) before the expulsion process can start they must hold a Manifestation Determination review. This review must be held within 10 days of the conduct. At which time the IEP team must review the complete file and consider all relevant information, including the IEP, any teacher observations, and any information supplied by the parents. The IEP team must then answer two questions: Read the rest of this entry →