SPECIAL EDUCATION IN THE TIME OF COVID-19

SPECIAL EDUCATION IN THE TIME OF COVID-19

Status of Federal Waivers Due, in large part, to the grass roots efforts and letter writing campaigns from parents, the Department of Education (DOE) will not recommend waivers of the essential parts of IDEA, the federal law creating what we know as special education. Thank you for your efforts! Although in California certain State timelines may be waived per S.B. 117, no such waivers will be recommended under the federal law. The waivers that were recommended included timelines for assessing toddlers for special education as they transition from Part C to Part B services at the age of three. The DOE recognized that while some flexibility needs to take place during this crisis, such flexibility is already written into the law. At least for now, the DOE has refrained from any action that would harm the basic rights of students with disabilities and upheld their rights to a free appropriate public education under the IDEA and the Rehabilitation Act, We are hopeful that schools and districts will exhibit the ingenuity, innovation and grit of which the Secretary spoke and work with families to meet the challenges facing their most needy population of students.

The Rights of Students with Exceptional Needs The current crisis has changed the landscape of life dramatically. From simple chores to how we work to how we educate our children; nothing is the same. The same applies to special education. However, even in these dire times, schools and districts are still responsible for the education of the children they serve, including, or especially, students with disabilities.  This is why the dedicated team of lawyers, advocates and other professionals at Newman Aaronson Vanaman LLP continue to work to advocate for the needs of their clients, even more aggressively during the crisis. While there is no expectation that IEPs “as-usual” will take place, this newsletter lets you know that IEP meetings are still taking place, either virtually or telephonically. The same is true of IEP services, mediations and due process hearings. Conservatorship and Estate Planning also continue. School physical plants will be closed for the rest of this school year. Because Districts are providing educational services to general education students, services and supports must also be provided for students with disabilities. Unfortunately, this does not mean, and often cannot mean, the same level of support, especially for face-to-face services as in existing IEPs. The needs of children must be determined on a case by case basis. In some cases equal access to education for students with disabilities through online or telephone support may be possible, in others it may not.  Current directives from the Federal Government provide that the provision of compensatory services will be determined on a case by case basis when school sites reopen. Keep track of the dates and times services should have been provided (per the existing IEP) so that when schools reopen you can protect your claims for compensatory services. Click here for a worksheet to record the services that are and are not being provided for your student.

Disputes during lockdown Families may need advocacy services now more than ever.  Although largely working remotely, we are providing representation for IEP meetings, and filing for due process. The Office of Administrative Hearings is still taking complaints, holding mediations and hearing cases. If you wish to access our services for any purpose, fill out an intake form, and one of our attorneys will be happy to work with you. Timeline Waivers In California, under SB117, certain timelines for providing an assessment plan, or reviewing an assessment, have been extended due to COVID-19 to include the days schools were closed.  However, SB117 specifically does not waive any of the timelines under the IDEA, so all federal timelines remain in effect, including the necessity of reviewing an IEP annually, and conducting assessments every three years. The CA Department of Education provides updates with regard to COVID-19 weekly.

Resources Counsel of Parents Attorneys and Advocates COVID-19 page. A wealth of information for parents on how to handle special education during the Coronavirus. To review previous guidance related to COVID-19 and services to students with disabilities, issued by the CDE on March 13, 2020, visit the CDE website. Updated information and resources from the CDE related to the COVID-19 response. Federal guidance from the USDOE titled “Questions and Answers on Providing Services to Children with Disabilities During the Coronavirus Disease 2019 Outbreak.” To review federal guidance from the USDOE Office of Civil Rights on how to protect students’ civil rights. Guidance issued by the CDE on distance learning, including considerations for students with disabilities. For research on how online learning can be made more accessible, engaging, and effective for K-12 learners with disabilities, visit the Center on Online Learning and Students with Disabilities. Common Sense Media has curated a list of the Best Special Education Applications and Websites based on recommendations by educators who work with students with disabilities. The Council for Exceptional Children (CEC) has developed COVID-19 Information for Special Educators, including a forum for members on how to adapt IEP services during school closures. The State Educational Technology Directors Association (SETDA) offers strategies and resources for ensuring that online learning supports students with disabilities.

10 Things about Special Day Class (SDC) Schools Don't Want You To Ask

The first special day class I visited for Nick confirmed every negative stereotype I had in my brain convincing me that Nick should ever be placed in one.

Over the years I've come to question if any child with autism could reach their potential in an SDC setting, yet I know there are little or no alternatives for many of our kids. What I know now is, it is possible when viewed as something we shop for, vs something we just accept or take for granted.

The big idea here is too many SDC's and the teachers who run them are still operating from the perspective that our children will never developmentally grow beyond elementary school.  As a result, they set the bar low and our children suffer, never getting the opportunity to reach their full potential.
Sadly many SDC teachers are still treating students, even in high school, like babies, their "special children" unaware their perceived limitations of each student are part of the problem. For years I thought this would change, but when Nick came home from summer school last week with a "Certificate of Excellence" in an owl cut out aimed at K - 2, my first reaction was "Really....why the heck are you treating my 18-year-old like a child?"  Another reminder change is slow, and we have to teach teachers too!

Ten things you need to consider when placing your child in an SDC? 

1. Does the room feel age appropriate? If the classroom, is not in elementary school, but it looks like one the setting screams, we think your child will always be a baby! 

2. Do conversations between students, teachers, and aids sound like they are talking with a kindergartner?  Individuals with developmental disabilities should be spoken to in a normal fashion, and not talked down to, no matter their age. 

3. Is the class engaged in age-appropriate activities?  I don't mean activities should not be modified for each student. What I mean is does your 17-year-old come home from a field trip with a paper hat on his head?! 

4. Do class activities reinforce negative stereotypes of special needs children? Are they asked to line up and walk single file to the cafeteria in middle school...when the other students are not?  If you're not sure, just channel your inner 10 to 18 year old, and consider the things SDC students did that you laughed at. 

5. When you go in the room, does the teacher sound like a teacher or a parent? Teachers should always sound like instructors, leaders, a person of authority. Teachers who coddle our children often fail to see their potential and instill confidence to achieve more. Pity only stunts their growth. 

6. Are the SDC students being isolated from the typical students during lunch, recess, and other nonacademic activities? When SDC students are not included as much as possible in the general education population during lunch, recess, and other nonacademic activities everyone loses. The general population is denied the opportunity to learn about diverse populations, which will be critical in a world where 1 in every 54 individuals has ASD. In turn, our students are not given the opportunity to mirror and learn from the general ed population.

7. Are you welcome to visit the class at any time? Be skeptical of any classroom where parents are not welcome. No matter what anyone tells you about a classroom the only way to really know how it is run is to see it in action. Yes, you have to follow the school rules, which vary from campus to campus, but you are legally entitled to observe during school hours. 

8. Does the SDC have a process for generalizing the skills learned in the classroom? ASD students memorize information, which is often not retained over time when they are not taught to apply the information in their day to day lives. No matter how many academics are taught, if the SDC cannot demonstrate a plan for each student to generalize skills into the world outside of school, your child may graduate school a social and functional illiterate filled with information that cannot be used to achieve or further their independence. 

9. Does the SDC teacher have experience working with the unique needs of children with autism?  Too many educators are still unaware of the unique and often complex needs of children with autism.  Don't let the small classroom fool you into believing each child is being well serviced. Children with autism, down syndrome, epilepsy, and an array of other disabilities all have unique needs and learning abilities and styles. there is no such thing as a one size fits all when it comes to teaching. 

10. Is your child showing measurable growth in his SDC?  The school expectations for our typical children are pretty universal, and it's easy to let society, our school system, and educators pull our children along the milestones of an "educational" path. On the other hand, due to their individual needs, there is not a universal standard of milestones for special needs chidren. As a result, it's far more difficult to measure our children's progress and map where they are in the process. A great teacher has a plan and understands the goal is independence.  A qualified teacher will help you understand your child's academic/school goals and can tell you how they apply to their eventual independence.

If any of these things are happening in your child's SDC, don't give up, talk. I've found that most teachers want to do a good job, and many have just never been educated about our children. And if you find the teacher won't listen, or can't hear you, go to the next person in charge and express your desire  is not to be disruptive, you just want to help to create a better setting for you child and the other students.  

Having experienced this first hand, this report comes as no surprise to me.  Once again, if we don't monitor the resources we fight so hard to get they can easily be an expensive waste. Sad, but not surprising. 

Study Questions Effectiveness Of One-To-Ones In Special Ed

By SHAUN HEASLEY  DIsability Scoop 

September 25, 2015

One-to-one assistants spend far less time engaged with students as compared to teachers and classroom assistants, a new study suggests. (Nabil K. Mark/Centre Daily Times/TNS)

Many students receiving special education services are supported by one-to-ones, but new research suggests these assistants may not be pulling their weight.

A study looking at how one-to-ones spent their time in nearly four-dozen autism support classrooms finds that paraprofessionals are engaged in instruction or support just 57 percent of the time.

By contrast, teachers were engaged in such activities 98 percent of the time while classroom assistants were involved 91 percent of the time.

“The low rate of one-to-one assistants’ engagement suggests an inefficient use of an important resource,” wrote researchers from the University of Pennsylvania, University of Washington and the University of California, Riverside in their findings published online this month in the journal Teacher Education and Special Education.

The findings are significant, researchers said, because one-to-ones are the fastest growing group of special education staffers.

For the study, researchers looked at 46 autism support classrooms serving students in kindergarten through second grade in a large, urban school district. All of the classes included a lead teacher and a classroom assistant, but the number of one-to-ones varied from none to 16. Engagement among the professionals in each classroom was assessed through monthly observations over the course of a school year.

Overall, one-to-ones were engaged slightly over half of the time. When they weren’t busy, however, about a third of one-to-ones “spent their time sitting without students or material involvement,” the study found.

Significantly, the findings suggest that one-to-ones perform better if they work alongside a highly-engaged classroom assistant.

Researchers said the relatively low level of involvement among one-to-ones could be a sign that they are poorly trained on how to work with students or that classroom teachers are ill-prepared to supervise such staff. What’s more, the researchers said that one-to-one engagement may be the result of a fragmented service system in which it’s often unclear who is responsible for training, supervising and evaluating these employees.

“In an era of increasing utilization of one-to-one assistants, there is an underlying assumption that expanding their use is necessary and desirable. The lack of engagement observed in our study raises concerns about the effectiveness of current models and may be symptomatic of broader challenges related to the delivery of special education services,” the researchers wrote in their findings.

Is Your IEP Working? Mom Looking for Solutions in High School

The Proverbial Snowball Before Aging Out...Education and Support after Middle School.

 

Time is going by and here we are 15 years later, fighting the same battle with a few key differences; time is not on our side, gone is the idea that Nick might "snap out of it" with early intervention, his potential is no longer a total mystery and the clock is ticking, with us getting closer and closer to the day when there's nothing for him to do. Closer and closer to the day - that if I don't do all I can do - there's nothing but regret left for me, and loss of opportunity for him. I am the only one who's journey to get the best services for her kiddo, looks more like Mom on a treadmill than Mom on a journey!!!  I am the only one out there who thought after all the work we've done to make things better for our kids, we would be done battling day in and day out to get appropriate services by the time they were 17???   Was I the only one who thought maybe, just maybe in the past 15 years since the ASD epidemic began, the education system would have adapted, improved and prepared itself to accommodate the children that would become adults?  

I am sad to be working as hard now to find options for Nick, as I did when he was first diagnosed! I wasn't truly prepared for that. I held out hope that when he got to be this age, things would be better. Intellectually I knew it was possible the system would not be ready. I even talked about it, but emotionally I was in denial, I just wasn't prepared to be here again. I thought I’d matured, gotten calmer. Nope I’m still the same claw carrying mom I was when this journey began. I'm angry, and I'm sad this is where we are. I wasn't truly prepared for the degree of limited resources; I wasn't prepared for the small amount of qualified behaviorist/therapist/programs available to work with young adults vs kiddos. 

Right now I don't know the answer, but I do know we have to find one.  

I could use some inspiration right now? Any ideas? 

Autism Center Closes - Parents in Crisis

Different country, different parents...same children, same challenges. Grateful this was not my day. 

Autism centre in kollam closed :kollam News ... - YouTube

► 1:32► 1:32

www.youtube.com/watch?v...‎

YouTube

14 hours ago - Uploaded by asianetnews

parents crisis on Autism centre closed in kollam.

https://www.youtube.com/watch?v=PJr1M3bLX60&feature=em-share_video_user

http://www.youtube.com/watch?v=PJr1M3bLX60&authuser=0

What Makes A Placement Bad?

I just found a post I started writing years ago, and I laughed and cried when I realized how little has changed. Nick's older, I'm wiser but the system is still the same. Here's what I wrote in 2009 and I feel the same way today, with a few additions; time has thankfully brought balance and the emotional roller coaster called our life has far fewer stomach wrenching climbs and dives. Still, I don't understand why any of our middle and high school classrooms operate like K-3 classrooms. Sad, when adults get stuck in their limitations and  hold our kids back. The moral of the story; it's a long journey and change is slow. 

2009 

For me placement has always been either good or bad. In Nicky’s case when it’s bad, it’s been so bad and so emotional. I look back and I can still feel how I felt when the placement wasn't right and I would begin to get frustrated, angry, freighted and protective. When I realized a program was not good for my son, and I felt like people had been given a change to rectify the problem, and did not, my emotional reaction was primal; strong and protective, it border lined irrational in a modern world.  I don’t remember being interested in using my negotiation skills or trying to understand the other side. They became "the enemy" so fast it would make your head spin.

Some people wonder what makes a placements bad? A few reasons they have been bad for me:

l. They were not able to monitor his medical needs.

2. They were not able to provide a physically safe environment (Nicky was a runner and he has almost zero safety awareness)

3. The classrooms or teachers were not able to offer the behavioral or educational supports necessary for him to fully participate in and benefit from his educational environment.

4. They discriminated against him and did not let him participate in general ed. school programs.

5. They did what was easy for them, not what was best for Nicky. 

The negative consequences to each of these for Nicky scared me. When faced with these problems I have always been able to get his placement changed, but it is not always easy or without consequences. FYI...This is where good record keeping and relationship building skills were essential.  I often get asked by parents “How do we find a good placement?” and I always reply the same way. I believe the good placement is not, what worked for any other child but what works for you. In my case I don’t want Nicky in a special day class or a non public school. I want him in a typical education class room all day if or until it no longer serves him to be included. So I had to find a school that supported inclusion of special education students into the general education program. Note that I said “supported” inclusion, not had inclusion. Schools cannot legally deny most special educational children the opportunity to be mainstreamed some or all of the day, however if the administration does not believe in inclusion and they do not embrace inclusion, it’s apt to be a tough road to travel. I had Nicky in one school where he was mainstreamed ½ of the day. It worked good for one year when he had great teachers who ran the program and believed in the societal benefits of mainstreaming. When the teacher retired, the program fell apart because the school administration did not share her philosophy, and overworked frightened general education teachers resented adding working with a disabled child to their already full plates.

The stories for what has and what has not worked go on and on.  Seems to me that at the end of the day a good placement is on that keeps your child safe and meets their developmental, educational and social needs, whatever those needs might be. At the same time we have the right and the responsibility to fight for that placement no matter what anyone says. So if ever there is a time when the phrase "What You Think of Me is None of My Business" fits, this would be it. 

Why are Parents Afraid of the "IEP"

I was going over papers, talking to the school nurse and Nick's teacher in preparation for my son's Tri-annual IEP last week, when I was asked "You seem anxious, what's an IEP?"  I'm so used to being anxious I didn't notice, but she was right. Before I knew it I was telling her this story.  

IEP stands for Individual Education Plan and it strikes fear in the hearts of many parents. The terms Tri-annual IEP and Transition IEP can be even more anxiety provoking because experts - which can include people you and your child have never met - evaluate your child  to provide critical information that is used to determine services. IEP's are created in meetings where a students educational team and parents come together to review a students individualized educational needs to determine what has worked, what's not working and what would be best moving forward. It sounds good and sometimes it does goes well. Sometimes the entire team agrees on a plan of class's, transportation, supports and services to move a student forward.

"Why are parents anxious about IEP's; in short how would you feel knowing that the success of a critical part of your life or your child's was going to be decided by a committee, which may include strangers, on an annual basis? Hummm, I'm just sayin :)."

Parents are afraid of IEP meeting because they offer up a frightening annual opportunity to learn how many different opinions a group of adults can  have about what best serves a child.  All the education support services a student will keep, gain and loose in the next school year are at the mercy of the the IEP participants, who may or may not know anything about your child. From diagnosis (which determines eligibility for services), school placement, educational goals, classroom placement, behavior plants, behavior support, speech, OT, APT, behavior plans, transportation, are all of the table for renegotiation once a year! Not hard to see why parents feel a little anxiety around the process!

IEP's always have an element of the unknown, as different agendas, levels of knowledge, belief systems come into play and in the event of a disagreement the school districts typically have more resources to gain the upper hand in a dispute. Visions of David and Golliath have been known to come to mind for many a parent. For example; two weeks before one of Nicky's IEPs, an aid told me "People have visited his class from the district and one told me they were trying to see if Nicky no longer needed a behaviorist because he had good grades". Yikes, there went any calm I was holding on to!!! Really, good grades??. If this statement was accurate or not - which I will never know - it is an example of what happens in schools and our communities when people, even teachers and principles, have deep misconceptions about autism. There is still a great deal of confusion about behavior and intelligence in people diagnosed with ASD. For example some people think a person with autism who has normal intelligence can rely on their intellect to turn off and on any inappropriate behaviors they have associated with their diagnosis, or that autism does not mean unable to learn. Or in this case,  when behaviors improve due to intervention, and the success of behavior intervention is not necessarily proof that the support is no longer needed, rather it's probably proof that is is needed and working!

Handicapped Children Restrained, Confined, Abused and Murdered - A headline from today, not the 1800's.

There are some days when I read something that upsets me so deeply; I cry like a baby and I just want to go back to bed and hide under the covers until I can come out and see a better world.  Today was that day. 

Like lots of other days I jumped online to see if there is anything really pressing going on in the world involving our kids that I would want to share. What I found today was my worst nightmare, headlines of abuse and torture of our kids. I stumbled upon a website called Autism News.com  and a headline that read, "Handicapped Children Restrained, Confined, Abused and Murdered", followed by videos and stories so horrible I went and grabbed Nicky and didn't want to let him go. 

I looked at these articles and I thought,"Yes, some parents are driven to extremes. Some people are just ignorant and don't know what to do with our kids and so they make really hideous choices, then justify their actions." I also know that there are some straight up bad people in the world who should never be within 100 feet of a child. But oddly, the truly hideous people are not the ones who scare me the most, it's the people who are not evil. These are individuals in legitimate positions; police, parents, educators, therapist, aides who live normal lives and would never be considered as menaces to society. They are people who, under extreme circumstances are afraid, or are ignorant, frustrated, careless or simply neglectful, and as a result make really bad decisions.  As a community it's these people we all have to be diligent and keep our eyes open for, seeing with our hearts, not our brains, open to the truth about how every human deserves to be treated...NO MATTER WHAT!!!!!!

Autism News website: http://www.autismnews.com/index.html 

Video's detailing abuses: http://www.youtube.com/watch?v=a1Ar4JZOD98

Transition to Adulthood: Guidelines for Individuals with ASD

This is from Ohio, so it may not be identical for your state, but the concepts are on target no matter where you live. It's written like an official document including narrative most parents raising a teenager or young adult already know, HOWEVER is you can get past what you know there's important information for all of us and it's a great tool to share with folks "who don't know". That said, I thought it was worth the share and spreading around J

A great supplement to the Preparing Individuals for Employment Module: Transition to Adulthood Guidelines for Individuals with ASD web-based booklets.  The current OCALI Transition to Adulthood Guidelines for Individuals with ASD has been revised and formatted into a series of free web–based booklets. Each booklet focuses on one aspect of the transition from school to adult life. Four booklets are now available on the OCALI website:

·      IEP Components of the Transition Process
·      Considerations for School Programming
·      Age-Appropriate Transition Assessment
·      Employment
Each booklet offers information about the subject area, implications for individuals with ASD, examples, and resources. Many direct links to more in-depth information are available in each booklet. While these guidelines discuss issues surrounding ASD and transition, much of the information is appropriate for any transition-age youth served through the IEP process. 

Transition to Adulthood Guidelines

"Transition to adulthood" is a complex and ongoing process that starts as soon as a child is born and continues as the child becomes an adolescent,  to early adult life and then through the stages of adulthood.  While this process is complicated at best for any person, the individual with an autism spectrum disorder (ASD) faces unique challenges that require specialized considerations. This set of guides will help the user understand these challenges and raise awareness of these important considerations

A critical time for transition planning is in the early years of middle school through the first few years following graduation from high school. This time period is the focal point of the Transition to Adulthood guides and will assist the individual with ASD and his or her team in reviewing the issues of adulthood related to employment, postsecondary education and adult living during these years. Implications for the individual with ASD to consider are highlighted throughout. Identification of  resources and many active links to important information are provided. Use this set of guides as a reference and resource and to help frame a way to think about the issues related to adulthood.

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Age-Appropriate Transition Assessment

In this volume, Age-Appropriate Transition Assessment, the user will take a close look at the intention of Age-Appropriate Transition Assessment (AATA) and the implications to students with autism spectrum disorders (ASD). Accurate and meaningful AATA is critical to the development of a plan that both fits the student’s interests and strengths and meets the student’s needs. 

Application of this process for students with ASD requires special consideration. The goal of this guide is to assist the team in understanding these issues and to provide assistance with the development of an AATA plan. The resulting plan should provide useful, accurate and individualized information that leads to critical skill development for the future based on the student’s preferences interests, needs and strengths. 

View Age-Appropriate Transition Assessment

Employment

In this volume, Employment, the user will focus on the post school outcome of employment. The guide begins with a  focus on planning and preparing the individual with autism spectrum disorder (ASD) for employment during the transition years. As the user moves through the volume, the focus comes to include information and considerations for those seeking employment or for those currently employed. Implications for the individual with ASD are highlighted as well as resources for improving career development and employment support. The goal of this volume is to help the user understand  the issues surrounding  successful employment for the individual with ASD and to highlight the supports and resources  that lead to and assist in maintaining meaningful employment. 

View Employment

IEP Transition Components

In this volume, IEP Transition Components, the user will be introduced to the legislation that supports transition planning for the individual with a disability, as well as the legislation that provides for ongoing services for adults with disabilities. Each step of the IEP transition planning process will be explored to allow users to review their own documents and plans. The goal of this volume is to assist in creating a process that results in a meaningful  IEP document for the youth with ASD that will serve as a guide for the team in the future. 

View IEP Transition Components

School-Age Programming

In this volume, School Age Programming to Prepare for Transition to Adulthood, the user will take a close look at important elements  of educational programming for transition-age youth and the implications for students with autism spectrum disorders (ASD). While academic achievement is a required area of focus of an educational program, other areas of skill development that must be considered as well in order for students to achieve a successful adult life. For students with ASD, this includes issues such as social competency and life skills development. 

The goal of this guide is to assist the team to understand these issues, to offer strategies and to suggest additional resources that can  enhance the development of a secondary education program that prepares the student for a successful adult life. 

View School-Age Programming

You can click on this link to get more …..http://www.ocali.org/project/transition_to_adulthood_guidelines