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

College Support for Executive Function Difficulties

Virtually every college in the country is required to offer “reasonable accommodations” for students with documented disabilities under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504). These accommodations are intended to address issues faced by students with physical disabilities who have difficulty accessing campus, classroom, or course content. They are also designed to help students with learning disabilities who need things like extended time on exams, help with note taking, and technological tools such as “text to speech” and “voice to text” capabilities.

But what about students who are able to navigate the physical aspects of college and who do not have what we would consider “typical” learning challenges? Fortunately for these students, more and more colleges are offering supports and programs that address their particular needs.

Many of these students face difficulty with an array of competencies we broadly refer to as “executive functions.” These include difficulties with managing papers and materials, trouble with planning, and time management issues. Students who struggle with executive functions typically have difficulty managing long-term projects, such as research papers and cumulative work that extends throughout the semester, to be handed in at the end of a term. They will frequently complete an assignment but fail to hand it in. They may miss classes or deadlines or misplace required course materials. Despite strong academic skills, they will fail courses because they can’t “get their act together” to meet the requirements set by their instructors. Executive function problems are real disorders and are covered by the ADA. We've written before about ways that parents can help younger students who struggle with these issues. But once students head off to college, parents are no longer available to act as an organizational safety net. Finding support for college students who struggle with executive functions requires some investigation.

More and more colleges offer coaching in study skills, organization, and time management. Of course, students need to have the ability to take advantage of these services; just because a workshop on organization is available, doesn't mean that students with significant organizational difficulties will manage to show up.  Another resource would be to work with an executive function coach, ideally a clinician or learning therapist with a strong background in neuroscience, educational psychology, and special education. This individual would start by meeting with the student face-to-face but can often continue to work via Skype or other technology. The goal isn’t to organize for the student, but to give him the tools to internalize the skills needed beyond academics to succeed in college.

As you investigate college options for your student, look for descriptions of services that support executive functions. Ask if the campus Office of Disability Services has counselors who specialize in executive function disorders or if they can refer to off-campus professionals who can assist with these skills. And remember that there is no “do over” for students who fail college courses or get poor grades because they have not sought or taken advantage of the accommodations to which they are entitled. The time to arrange support for executive function difficulties is before problems arise.

Photo credit: IsaacMao via flickrcc

Graduation Options in New York

We continue to speak with parents of public high school students who are concerned and confused about the diploma options available in New York for their students, especially those with with learning and other challenges.

For many years, students in New York had the option to graduate with a high school diploma without taking Regents exams, the New York Statewide tests that were first administered in 1878.  At least until the era of Advanced Placement exams, Regents examinations were considered the "gold standard" for New York State students, but all students had another path to a diploma available to them if they could not pass a sufficient number or Regents exams. This was the "local diploma."

Local diplomas, which are actual graduation credentials and recognized by such by colleges, the military, and employers, were available for a number of years to students who could not achieve a passing score on sufficient Regents exams, but who could pass a less difficult Regents Competency Exam. However, as we wrote back in 2011, Regents Competency exams were being phased out and, at this point, are no longer available to most students. Local diplomas are no longer an option for students in public schools who do not have an IEP or 504 Plan and cannot pass the required Regents exams. 

So, what can students with or without IEPs do if they are struggling to pass Regents exams?

• There is an appeal option, available to all students who score 62 or higher on their Regents exam. As explained in an excellent fact sheet from Advocates for Children of New York: "Students who successfully appeal one Regents Exam and meet all other testing and course requirements will be awarded a Regents Diploma. Students who successfully appeal two Regents Exams will be awarded a Local Diploma. Students cannot appeal more than two exams." Note that a student will still have to have an IEP or 504 Plan to be eligible for a Local Diploma (and students with Section 504 plans must have plans that specify that they are eligible for the Local Diploma).
• Students with IEPs or 504 plans who score between 55-64 on required Regents examinations can receive a local diploma. This option is not available to general education students. The rules are complicated and we suggest you review the advisory from the New York State Department of Education on this "safety net" option. Note that there are also special graduation options available to English Language Learners.

For students with disabilities who had an IEP, there had been another option, but its name was misleading to all concerned. Called an "IEP diploma" it was not a true graduation credential and not an actual diploma. Instead, all it signified was that the student had met the goals of his or her IEP. It was not accepted by colleges, the military, or many employers who required a high school diploma. This option has been replaced by two others, the  Skills and Achievement Commencement Credential (SACC) and the Career Development and Occupational Studies (CDOS) Commencement Credential. The SACC is for students with significant disabilities who take alternative assessments. The CDOS is designed to indicate readiness for work, and can be awarded on its own or in conjunction with a Regents or local diploma.

As you can see from the information and links above, this is a complicated subject. The best resource for all families is the high school counselor, among whose responsibilities is making sure that all students are on track to graduate with the highest level credential they are able to achieve. If you are not fully comfortable with where your student is in the path to graduation and what kind of diploma they are entitled to receive -- and are going to receive -- you need to meet with your student's guidance counselor without delay.

Friday Reading

Keeping up with educational issues and news isn't easy. From time to time we want to share some articles and resources we have encountered and hope you find them as informative and helpful as we have.

Section 504
An excellent discussion of Section 504 by Mary Durheim looks at what this law can do for students, how it is implemented, and what to do if you believe it has not been appropriately applied to your student. It's a particularly thorough review of a law that parents can often find confusing.

Adaptive Equipment
A recent article in the New York Times features a public school physical therapist who uses an innovative approach -- and some strong carpentry skills -- to create custom furniture and other adaptive equipment for children with physical disabilities. We love the way he thinks through what these students need to be part of classroom activities and hope his approach, which is very low cost and highly effective, can inspire parents and professionals to "think outside the box" when addressing the needs of students with disabilities.

What Do Students Need to Learn?
As students are in the midst of Common Core testing, and as a record number of parents here in New York and around the country have elected to "opt out" of these tests, it is timely to think about what students should be learning -- and why. Harvard Graduate School of Education (GSE) Professor David Perkins has addressed this question in a new book, Future Wise: Educating Our Children for a Changing World, and you can read an article summarizing his perspective in ED, the magazine of the GSE.

Resources for Children with Special Needs 
This nonprofit organization operates only in New York City, but they offer an array of resources - hotlines for questions, workshops, and special programs (most in English and Spanish) -- for students with a wide range of disabilities. Take a look at a video describing what they do and how they do it.

Back-to-School Tips for Teachers

Photo: audio-lucie-store-it

While students around the country probably have a few days -- or a couple of weeks -- remaining of their summer vacation,  most teachers have started back to school well in advance of their students. These first days back generally include scheduled meetings, but this is also the time that teachers can take advantage of the calm of student-free days to set up their classroom and finish their preparations for the coming year. There are many helpful websites with back-to-school suggestions for teachers. Here are a few that we recommend.

The National Education Association website has resources geared especially for new teachers, including advice on setting up the classroom, dealing with parents, and a list of supplies that every teacher should have on hand. Some of these tips will likely be useful for veteran teachers, as well.

Are you planning a classroom project that requires special supplies? Or are you teaching in an economically disadvantaged area where even basic classroom items are lacking? Take a look at Donors Choose, where "Public school teachers post classroom project requests which range from pencils for poetry to microscopes for mitochondria." These requests are listed on the website and donors can select a project to fund. When the funding goal for a particular request is met, the materials are shipped to the classroom. The site states that they are able to successfully fund 70% of teacher requests. Note that Donors Choose does not accept "in kind" donations but includes links to sites that do.

LD Online has a list of "to-do" items for special education teachers, but we think one item on that list should be a must for all teachers -- ask if any of your students have an IEP or 504 plan. Make sure you have ready access to a copy of this plan, important for all students but potentially life-saving for a student who has a 504 plan because of a medical condition or allergy. For reasons we have never understood, some schools keep these documents locked away with the guidance office, nurse, or elsewhere. Privacy laws do not require this and, in fact, all special education laws (IDEA and Section 504) require that these documents be provided to teachers who will be charged with implementing them. Read this document, know what the student needs and what is required in the classroom.

Whether or not you have already started your school year, we wish you a good one. And if you have a few days yet before you go back, we hope you enjoy the rest of your summer vacation!

Getting Comfortable with Uncomfortable Terminology

Christopher Webb

Families of children who struggle with learning and related issues, especially those who receive services under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act of 1973 (Section 504), encounter a great deal of unfamiliar vocabulary and acronyms. We've looked at some of those acronyms before, and will spend some time in a future blog on some vocabulary that may be unfamiliar to many parents and students.

Today, however, we are looking at three of the most difficult words that families encounter, words that tend to make both parents and students uncomfortable. By understanding these words and why they are used, we hope to make them less powerful and to enable parents to better understand what they do -- and do not -- mean when used to discuss their child.

One of these terms is co-morbid, which can sound downright, well, morbid. But this term has nothing to do with things that are scary or creepy. In fact, it is an often used medical term to describe conditions that occur together, whether or not they are caused by the same process. So, a middle-aged person who is overweight might have co-morbid high blood pressure and diabetes. The two conditions both impact the health of the individual, but each needs to be considered and treated separately, although weight loss might positively impact both conditions. Children with learning difficulties may have such co-morbid conditions as attention deficit disorder (ADD) or anxiety. If learning difficulties are addressed, the anxiety may subside. Individuals may also have other co-morbid conditions that have no particular impact on their learning -- medical conditions that need treatment but are not related to their learning and/or attention issues.

Another term families can encounter is classified, as in "we will have to have your child classified in order to provide her with services." This term comes from the way that services are provided under the IDEA; students are not eligible to receive special education and related services, supplementary aids and services, and program modifications under an IEP (Individualized Education Program) unless they fall into one of ten categories, which include things like specific learning disabilities, speech or language impairments, or hearing impairments. We often tell parents to think of a classification as a key; it is simply a way to access services and it usually doesn't matter what classification is used (and classification categories can be changed), since the services provided to a classified student are supposed to be unique to that student's individual needs.

Finally, the one term that makes parents most uncomfortable is disability. We don't like it either, but many parents need to deal with it since it is used throughout every law that provides the basis of services to children of all ages who are experiencing challenges with learning or related issues, and that allows older students and adults access to accommodations (such as extended time on the SATs, text-to-speech software provided by their college, or job modifications in the workplace) throughout their lifetime. While the IDEA looks to its classifications to decide what is a disability, the Americans with Disabilities Act (ADA) takes a more functional approach, looking at the impact of "a physical or mental impairment that substantially limits one or more major life activities" and then very broadly explaining that "major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working." No matter how you or your student encounter the word "disability" it's important to keep in mind that this term is just Congress's way of setting up a plan to decide who is eligible for services and accommodations. Don't let it define how you or your child view his unique combination of strengths and challenges.

Dyslexia Study Critical of Discrepancy Model

Back in October, we wrote about a new study that found that children with reading problems have the same kinds of processing issues regardless of whether they have high or low IQs. We quoted that study's authors who pointed out that the kinds of dyslexia interventions that are provided for students of average or above average intelligence should also be used with children with less than average IQs, whose reading problems had previously been thought to be "caused" by their lower IQ.

Now, the National Institutes of Health, which helped to fund the study, has weighed in with its comments  -- and we think that what they had to say is important for schools and parents.

The NIH noted, in a press release, "The results call into question the discrepancy model — the practice of classifying a child as dyslexic on the basis of a lag between reading ability and overall IQ scores." They go on to explain, "In many school systems, the discrepancy model is the criterion for determining whether a child will be provided with specialized reading instruction. With the discrepancy model, children with dyslexia and lower-than-average IQ scores may not be classified as learning disabled and so may not be eligible for special educational services to help them learn to read."

According to Brett Miller, Ph.D., director of the Reading, Writing and Related Learning Disabilities Program at the Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD), the part of the National Institutes of Health that funded the study, “It follows that, whether they have high IQ scores or low IQ scores, children with great difficulty in learning to read stand to benefit from educational services to help them learn to read. The study results indicate that the discrepancy model is not a valid basis for allocating special educational services in reading.” 

We have never been fans of the discrepancy model for providing services under the Individuals with Disabilities with Education Act and Dr. Yellin has done extensive work with school districts who seek to move beyond this model and use a student's Response to Intervention (RTI) as a way of determining how to deal with learning challenges. It's heartening to see that researchers and the NIH agree.

Expect more coverage of this study and its impact on special education services in blogs to come.