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Special Education Law Tips
September 2016
2 Things that will help your child with school
Since we know that parents of special needs kids don't have a ton of spare time, our newsletter is designed to be short but sweet. Enjoy these 2 Things and if you know someone who will also benefit from these tips, please feel free to pass it along. Thank you from all of us at SchoolKidsLawyer.com!
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Education Advocates
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Parents are entitled to have “other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate” with them at IEP meetings. See 20 U.S.C. Section 1414(d)(1)(B); 34 CFR Section 300.321(a)(6). Because of this IDEA provision, the occupation of "Education Advocate" developed. Such skilled advocates can be an excellent resource to help determine an appropriate placement or special ed services for a student with a disability. They can also act as experts in disputes with the school district.
Antonia Guccione, MA/MS, is a consultant, educator, and published author with over forty years experience designing, implementing, and chronicling model programs for students with Special Needs, K-post secondary. Working collaboratively with major stakeholders, these have included successful inclusive high school programs transitioning students with special needs to college or the world of work. “Toni” has served as staff developer, policy board member, school board member, adjunct professor, grant writer, and program facilitator. Strength based planning and student centered learning are the foundation of her philosophy of teaching and learning. Many of her articles can be read online and she can be reached via her LinkedIn page.
Ellen Fennick, Ph.D., is a disability education consultant and educator with over 30 years of experience. She is also an expert regarding the special education process and related issues that can frustrate or overwhelm students and their parents. When working on behalf of her student clients, Dr. Fennick provides hands-on, sensitive guidance while creating a custom educational plan unique to each child or teenager. Read more about Dr. Fennick on her website.
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OSEP Letter on Behavior
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On August 1, 2016, the U.S. Department of Education Office of Special Education Programs ("OSEP") issued a 16-page letter opinion on Positive Behavioral Interventions and Supports (PBIS). OSEP recognized the schools were not addressing behavior issues of students with disabilities appropriately, but instead were rushing to discipline the children. The OSEP letter makes it clear that behavioral supports are a necessary component of IEPs and special education programs. Although such opinion letters are not legally binding nor do they create new law, they are expected to be treated as "significant guidance" to public school systems across the country.
After studying 'short-term disciplinary removals' of children with disabilities in schools, OSEP noted an observation that such students may not be receiving appropriate behavioral interventions and supports and other strategies which should be built into their IEPs. The letter carefully outlines IDEA requirements on proper evaluations and behavioral supports for children with disabilities and, specifically, why such supports must be written into IEPs. The letter further notes that in certain circumstances, such failures to do so may result in denials of FAPE or proper placement.
Studies are referenced which show that disciplinary removals do not reduce or eliminate reoccurrence of the behavior. While school safety is important, children with disabilities are at a greater risk of the harm that can be caused by such discipline. The conclusion is that schools should implement good strategies to address this issue and the letter provides excellent guides and links toresources for schools and parents. The entire letter can be read online at the OSEP website (this is a PDF document).
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