Starting the School Year with an IEP or 504 Plan

It's not uncommon for parents to tell us about issues with getting their child services or accommodations early in the school year. The stories tend to be similar: there was an IEP or 504 meeting the previous spring, where the team (including the parents) agreed upon the setting, services and/or accommodations the child would be receiving during the upcoming year. These might be the same school setting, services, and accommodations as in the past, or they could be modified based on how the student performed or what updated evaluation showed.

Most of the time there is a  smooth carryover to the new school year. The student reports to the agreed upon school or class, the teacher is aware that the student has an IEP or a 504 Plan and has had a chance to review it, and the specialists who will be working with the student (providing speech and language services, reading support, or other related services) begin their work with the student within the first week or two of the start of school.

Sometimes, however, the process does not go as well. In the worst cases, a student may be told that they don't have a seat at the school they expected to attend. Other times, related services may not be provided during the first few weeks of school because of lack of staff. Not infrequently, children who expect door-to-door bus service to school find that they don't get a pick up.

So, what are parents to do? Fortunately, you can find specific suggestions from organizations that specialize in supporting students and families.

• For students in New York City, Advocates for Children of New York has detailed information on a variety of these issues, from failure to receive services, to lack of transportation, to not having a seat in the school your child expected to attend. 
• Wherever you may live, our colleagues at Understood have an excellent article, "How Do I Get My Child’s IEP Going at the Beginning of the School Year?" , that sets out suggestions for immediate problems and ways to avoid such issues in the future. An important point that the author makes is that tone is important. "Delays in starting up IEP services are frustrating. But parents who escalate tensions with the school may not make as much progress as parents who remain calm and cooperative."
• Some ideas for monitoring whether your child is getting the services to which he or she is entitled, and possible remedies if services are not delivered after a reasonable period, can be found on the Wrightslaw website. 

Photo Credit: Photo by Yan Berthemy on Unsplash

Where to Find Information

We get lots of questions from families about how they can learn about topics relating to schools, special education, advocacy, and more. Sometimes, we are able to direct them to one of our blog posts (there is a search feature on the right hand side of each post that includes topics covered in our more than 1,000 posts). Other times, our administrative staff has the information at their very able fingertips, and can answer their question.

It's been a while since we shared a list of our favorite resources - websites and organizations that can provide important information that families need as they navigate their child's needs. Some are New York based, but others operate nationally. We've grouped them below by category and include our comments on what they provide. We hope you find them as helpful as we do.

Information on Schools

Great Schools is a national nonprofit that provides information about specific schools throughout the U.S. Parents can search by state or zip code and the data includes specific areas of academic performance as well as diversity and special education services. The site also provides other information for parents, but the school search feature is by far the most valuable tool. Families should use it as a starting point, not a decision-maker, but it can be very useful when exploring an area that is unfamiliar.

InsideSchools is a New York City resource that includes detailed reviews of specific schools as well as information about how to apply to schools in New York City. Also included is information on  things such as deadlines, districts, and decision dates. There are also helpful guides about topics including transferring schools within the City and special education. The quality of the information is excellent and we always recommend this site as the first stop for families looking into New York City public schools. 

Advocacy Resources

COPAA, the Council of Parent Attorneys and Advocates, is a membership organization for both parent and attorney advocates. Families who want to engage with their school system to obtain the best services and supports for their child can find information here about how to do this. As we noted in a post about COPAA back in 2011, "COPAA members communicate with one another through two separate listservs -- one for attorneys and one for parents and lay advocates. The listservs allow parents, advocates, and attorneys to seek guidance about specific issues that they are facing and to offer information about best and worst practices they have encountered in their local area. New court decisions impacting education are quickly shared, and COPAA maintains an archives with forms, court cases, and legal briefs that can be accessed by its members." A particularly useful feature for families offered by COPAA is "find an attorney" -- which does not require membership and which allows families to locate a special education attorney in their state or city.

Wrightslaw is a wide-ranging resource on special education. When we first wrote about this site in 2009, we noted, "Wrightslaw.com is a commercial site, written by Peter Wright, an attorney, and his wife, Pam, a clinical social worker. The site is cluttered with announcements about their workshops, books, and other products for sale, but there is real substance behind this site and it is a great place to find an article explaining how the legal end of the special education system works. If there is a new court case that impacts special education, you can be sure that Wrightslaw will have both the text of the case and a discussion of what it means before almost anyone else."

Advocates for Children of New York provides information and advocacy on behalf of children in New York City who are at greatest risk for school-based discrimination and/or academic failure due to poverty, disability, race, ethnicity, immigrant or English Language Learner status, sexual orientation, gender identity, homelessness, or involvement in the foster care or juvenile justice systems.They also have an education "hotline" to answer questions about New York City schools and services. [866-427-6033- Monday to Thursday- 10 am to 4 pm]. They offer guides on a number of topics, such as suspension and discipline, graduation requirements, and special education

General Information on Learning and Special Education

Understood is a consortium of 15 nonprofit organizations that have joined forces to support parents of children with learning and attention issues. Dr. Yellin is one of the experts who provide information for families via webcast "chats" and Understood also contains articles on a wide range of subjects, including academics and social-emotional issues.

Paying for IEEs - Revisited

Parents frequently ask us about having their school district pay for an independent educational evaluation - an IEE - such as those we provide here at The Yellin Center. We wrote about this subject at length in a post from November 2013, but it has become clear to us that it is time to share this discussion again. We have added some additional information, (see the boldface text below) and hope this post helps answer questions that you may have.

 
When Must School Districts Pay for Evaluations?

Parents sometimes ask us if they can have their school district pay for their child's evaluation at The Yellin Center. The simple answer is "maybe, under certain circumstances," and we thought it might be helpful to explain the laws and regulations that govern this area.

The Individuals with Disabilities Education Act (IDEA) recognizes that an evaluation of a student in all suspected areas of disability is a crucial first step to determining whether that student is eligible for IDEA services and what kind of services will help that student to succeed in school. In fact, the "clock begins to run" with respect to the time limits set forth in the IDEA only once the parent consents to an evaluation of the student. The law anticipates that the school will then conduct an evaluation of the child and share the results with the parents and the IEP team, the committee that creates the student's Individualized Education Program. 

In many situations, this works out well for all concerned. The school district conducts an evaluation at no cost to the family; the findings make sense to the parents; the findings are incorporated into the student's IEP; and nothing more needs to be done. 

However, sometimes families do not agree with the findings of the school district evaluators and feel there may be something more going on with their child. Sometimes parents have had a long history of difficulties with the school and simply do not trust them to do an evaluation. Some parents of children enrolled in a private school do not want to have to work with the local public school district (especially in New York City). And, quite often, parents want the kind of in-depth, multi-disciplinary evaluation done here at The Yellin Center, rather than a more "cookie-cutter" series of tests given by their school's evaluators. In each of these situations, the parents seek an Independent Educational Evaluation (IEE) such as the ones we conduct here at The Yellin Center.

Before we look at specific rules and scenarios, we need to emphasize one important point. Parents have the absolute right to have their child independently evaluated and federal law requires that the public school district must consider the results of such evaluation. Dr. Yellin and his team frequently attend IEP meetings (via phone or other technology) to discuss the results of our evaluations and have been universally well-received by schools. However, the law does not require that districts follow the recommendations of our reports (or any outside evaluator).

So, when can a parent have a district pay for an IEE? 

1. The parent must disagree with the evaluation conducted by the district or consider it inadequate and notify the district of their intention to obtain an IEE.
2. The district must then either file for a due process hearing with a State Hearing Officer or agree to pay for the IEE.
3. The district can set criteria for the IEE's they will fund -- how much they cost, the geographic location of the evaluator(s), and the specific qualifications of the evaluator(s). However, the U.S. Department of Education notes that, "the district must allow parents the opportunity to demonstrate that unique circumstances justify an IEE that does not fall within the district's criteria. If an IEE that falls outside the district's criteria is justified by the child's unique circumstances, that IEE must be publicly funded." So, even if your district tells you that you are restricted to using the private evaluators on a list they provide, that is not strictly correct and you can and should push back to obtain the services of the evaluator you choose. 
4. An IEE can also be ordered by a State Hearing Officer as part of a due process hearing when aspects of an IEP are in dispute. 

We also encounter situations where a district paid evaluation at The Yellin Center is part of an ongoing discussion between a family and a school district, especially when the district has not been successful in addressing a child's educational needs. And families need to keep in mind that The Yellin Center has always had a sliding scale for families who need assistance in paying for our services. 

There are countless resources available to explain this process to parents and school administrators, but some you might find useful are:

• For New Jersey familes, a memo from the New Jersey Department of Education, with a list of Frequently Asked Questions about IEEs.
• From the U.S. Department of Education, a memo discussing why districts cannot set absolute cost limits on IEEs. 

One subject not addressed in our original post on this topic is the rights of parents when a district refuses to evaluate, either because they do not believe that the child has a disability, or without even providing a reason. The IDEA only addresses the situation where a family disagrees with an evaluation that has been already conducted. To the frustration of many families, if the school district declines to evaluate a student, the only remedy of the family is to file a complaint with a State Hearing Officer to challenge this decision. In addition, as noted above, parents always have the right to go ahead on their own to seek an IEE.