Special Education in America has come very far in the 30 plus years since the Education for All Handicapped Children Act was passed. The problem is somewhere along the way the spirit of the law and the practice of the law started to breakdown. The cornerstone of the special education law is the Individualized Education Program (IEP) and decisions about the IEP are decided at an IEP team meeting. The IEP becomes useless if the IEP team meeting goes off task. Unfortunately, instead of a team, often it becomes parents against the school and a massive communication breakdown occurs. There can be a significant lack of trust on both sides. Many times I hear from School personnel, “Why don’t parents think we are capable of assessing their children properly?” While on the other side parents think schools are turning them down for eligibility and services due to lack of funds when their children really need help. Read the rest of this entry →
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Q. What is an IEE?
A. The language regarding IEEs is found in the regulations implementing IDEA. Specifically, the right to an IEE is defined as: Read the rest of this entry →
We live in an unprecedented era where schools are dealing with shrinking budgets and fewer resources but still must figure out how to educate an increasingly large number of student age children. This is compounded by the fact that class sizes are increasing and the number of credentialed Teachers are decreasing due to layoffs. Just like every other area of education, school districts are trying to figure out ways to cut special education costs as well. Even though cost cannot be a factor when determining services in an Individualized Education Program (IEP) the children receiving the appropriate services are the ones whose parents are educated and prepared when attending their child’s IEP. This makes it even more important to be prepared for your next meeting. This article will help you truly prepare for the next IEP meeting. Read the rest of this entry →
1. What is the special education law that can help my child with a disability?
The foundation of today’s special education law was passed in 1975 and enacted in 1977. This was Public Law 94-142, The Education for All Handicapped Children Act of 1975. In 1990 EHA was renamed to the Individuals with Disabilities Education Act or IDEA. IDEA was most recently reauthorized in 2004. The Purpose of IDEA is to ensure that all children with disabilities have available to them a free appropriate public education or FAPE that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living.
It’s important to note that the law only guarantees an appropriate education and not the best education. Best is a four letter word and Parents should learn to replace it with the word appropriate when discussing their child’s special education needs Read the rest of this entry →
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 →
Least Restrictive Environment is defined as “In General. To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily” 20 U.S.C § 1412(a)(5)(A). Below is list of educational placements from least restrictive to most restrictive: Read the rest of this entry →
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 →
What should families expect their children to learn in a life skills class at the high school level? A simple question; however, I think many schools seem to struggle with providing valuable life skills lessons. Our students age out at 22 years old, which means the state is no longer responsible with providing the students services through public schools. When students attain that age and leave our system, it is incredibly important for them and their family that the student has learned coping skills to assist them to become more independent in their life. Read the rest of this entry →
The Goals and Objectives section of the IEP is the”meat” of the IEP. Goals and objectives should be directly linked to the child’s educational needs. Special educators determine what a child’s education needs are through formal and informal assessments, through observations of the child’s behaviors and social interactions, through parent feedback, through work products the child creates and through evaluating the child’s level of success with different teaching interventions. The goals and objectives are the specific skills the child is going to learn during the course of the IEP, which is usually one year. Read the rest of this entry →
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 →