The U.S. Supreme Court is deciding whether to grant review in a case about the degree of educational benefit that a special education student should receive under an Individualized Education Program (IEP) to satisfy the requirements of the (IDEA). “Clearly, the Supreme Court should hear this important case, as the requirement that a student receive an educational benefit goes to the heart of the IDEA,” says Marion Walsh.  Millions of children around the country certain are entitled to more than “some” educational benefit in public schools and the law should, at a minimum, require meaningful educational benefit.

On May 31, 2016, the U.S. Supreme Court asked the Solicitor General to file a brief expressing the views of the United States on this question.

The plaintiffs in the case Endrew F. v. Douglas County School District RE-1 note  that currently the “courts of appeal are in disarray” on the matter of what constitutes a “free, appropriate public education,” as required for students with disabilities by IDEA.

The U.S. Court of Appeals for the 10th Circuit ruled that Endrew F., a Colorado student with autism, received a free, appropriate public education from the Douglas County school district because he received “some educational benefit,” and the court thus rejected reimbursement to the parents for the cost of private school. Reasoning that the IDEA is only “designed to provide a floor” of educational quality,  the hearing officer determined that the school district had provided Drew with a FAPE.  The parents had removed their son from public school after a dispute over the education he received under his IEP in the fifth grade.

In its decision, the appeals court acknowledged that other U.S. courts of appeal have adopted the higher standard of requiring an IEP to deliver a “meaningful educational benefit.” “The U.S. Court of Appeals for the Second Circuit requires this standards and it should be applied uniformly across the country. The standard is still too low,” says Walsh. In requesting review by the Supreme Court, attorneys for Endrew F. argue that the Court should make use of the case to resolve the dispute over this salient issue.

As it has done with many IDEA cases that seem to present an important question, the Supreme Court asked the U.S. Solicitor General to weigh in. The Solicitor General is under no deadline to file the requested brief, and observers say it is unlikely that a response will be filed before the court adjourns for the summer.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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To learn more about both the effects of bullying and mental health and what you can do, you are invited to a seminar on May 10, 2016:  Understanding the Legal Obligations of a School District Regarding Bullying and Student Mental Health

By Marion M. Walsh, Esq.

Every parent and school professional must be aware of the mental health crisis confronting our youth and take steps to understand and advocate. Parents and schools must act together to protect children become educated on risk factors and symptoms.

If your child has a mental health issue, it is important to understand how to seek community supports and to understand the legal obligations of your school district.  Too many parents view mental health issues as a “private issue” or believe that things will improve. It is almost impossible for parents to handle mental health issues alone.

Signs of Mental Health Problems in Children:

Parents must be aware of signs of mental illness. Early identification is key to help children.  The Mayo Clinic and other professionals list the following signs of mental illness in children, but the list is not exhaustive:

• Mood changes: Look for feelings of sadness or withdrawal that last at least two weeks or severe mood swings that cause problems in relationships at home or school. Some students simply withdraw. School avoidance or physical symptoms without physical causes can also be a sign of mental distress.
• Intense feelings: Be aware of feelings of overwhelming fear for no reason — sometimes with a racing heart or fast breathing — or worries or fears intense enough to interfere with daily activities.
• Behavior changes: Look for drastic changes in behavior or personality, as well as dangerous or out-of-control behavior. Fighting frequently or expressing a desire to hurt others also are warning signs.
• Difficulty concentrating: Look for signs of trouble focusing or sitting still, both of which might lead to poor performance in school.
• Unexplained weight loss: A sudden loss of appetite, frequent vomiting or use of laxatives might indicate an eating disorder.
• Physical harm: Sometimes a mental health condition leads to suicidal thoughts or actual attempts at self-harm or suicide.
• Substance abuse: Some children use drugs or alcohol to try to cope with their feelings.

School District Legal Obligations to Help:

If a child is showing signs of mental illness, it is important for parents to understand school district legal obligations and also how to get community support.   Not every child with mental health issues has a disability but if a condition affects educational performance, the school district has an obligation to refer a student for special education and related services.

• Pursuant to the Individuals with Disabilities Education Improvement Act (IDEA), 20 USC §1400, seq. and parallel state law, school districts have a responsibility to identify and provide appropriate services to students with disabilities, including those who have an emotional disturbance or disability, including another health impairment, such as ADHD.
• As the Supreme Court noted in Honig v. Doe in 1988, “Among the most poorly served of disabled students were emotionally disturbed children: Congressional statistics revealed that for the school year immediately preceding passage of the Act, the educational needs of 82 percent of all children with emotional disabilities went unmet. See S. Rep. No. 94-168, p. 8 (1975).”  

If your child has mental health needs impacting education, you should refer your child for special education services and, if the child has a disability, he or she should qualify for an IEP and receive special education supports, such as counseling, flexibility with assignments, or a therapeutic environment. Some children with mental health needs may need building level help or need accommodations under Section 504 of the Rehabilitation Act.  

Steps to Take:

On a broader scale,  work with your school district and community to develop a task force to create systems and policies to proactively address student mental health needs and make sure interventions are in place.  Talk to your child’s school district administrators about making mental health and social emotional health a priority in your school district and ask about what programs are in place to ensure children are served.   Much training is available and many organizations have resources to help.

As just three examples of what you can do:

1. Become Certified in Youth Mental Health First Aid
2. Consider taking the Sandy Hook Promise, which encourages safer schools and more mental health treatment.
3.  Attend a screening of No Letting Go, on mental health and youth and one family’s story, aimed at helping to end the stigma:

Read more on how to educate, advocate and support mental health awareness month by clicking here.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here or sign up for our monthly newsletter.

To learn more about both the effects of bullying and mental health and what you can do, you are invited to a seminar on May 10, 2016:  Understanding the Legal Obligations of a School District Regarding Bullying and Student Mental Health

By Marion M. Walsh, Esq.

Every parent and school professional must be aware of the mental health crisis confronting our youth and take steps to understand and advocate. Parents and schools must act together to protect children become educated on risk factors and symptoms.

If your child has a mental health issue, it is important to understand how to seek community supports and to understand the legal obligations of your school district.  Too many parents view mental health issues as a “private issue” or believe that things will improve. It is almost impossible for parents to handle mental health issues alone.

Signs of Mental Health Problems in Children:

Parents must be aware of signs of mental illness. Early identification is key to help children.  The Mayo Clinic and other professionals list the following signs of mental illness in children, but the list is not exhaustive:

• Mood changes: Look for feelings of sadness or withdrawal that last at least two weeks or severe mood swings that cause problems in relationships at home or school. Some students simply withdraw. School avoidance or physical symptoms without physical causes can also be a sign of mental distress.
• Intense feelings: Be aware of feelings of overwhelming fear for no reason — sometimes with a racing heart or fast breathing — or worries or fears intense enough to interfere with daily activities.
• Behavior changes: Look for drastic changes in behavior or personality, as well as dangerous or out-of-control behavior. Fighting frequently or expressing a desire to hurt others also are warning signs.
• Difficulty concentrating: Look for signs of trouble focusing or sitting still, both of which might lead to poor performance in school.
• Unexplained weight loss: A sudden loss of appetite, frequent vomiting or use of laxatives might indicate an eating disorder.
• Physical harm: Sometimes a mental health condition leads to suicidal thoughts or actual attempts at self-harm or suicide.
• Substance abuse: Some children use drugs or alcohol to try to cope with their feelings.

School District Legal Obligations to Help:

If a child is showing signs of mental illness, it is important for parents to understand school district legal obligations and also how to get community support.   Not every child with mental health issues has a disability but if a condition affects educational performance, the school district has an obligation to refer a student for special education and related services.

• Pursuant to the Individuals with Disabilities Education Improvement Act (IDEA), 20 USC §1400, seq. and parallel state law, school districts have a responsibility to identify and provide appropriate services to students with disabilities, including those who have an emotional disturbance or disability, including another health impairment, such as ADHD.
• As the Supreme Court noted in Honig v. Doe in 1988, “Among the most poorly served of disabled students were emotionally disturbed children: Congressional statistics revealed that for the school year immediately preceding passage of the Act, the educational needs of 82 percent of all children with emotional disabilities went unmet. See S. Rep. No. 94-168, p. 8 (1975).”  

If your child has mental health needs impacting education, you should refer your child for special education services and, if the child has a disability, he or she should qualify for an IEP and receive special education supports, such as counseling, flexibility with assignments, or a therapeutic environment. Some children with mental health needs may need building level help or need accommodations under Section 504 of the Rehabilitation Act.  

Steps to Take:

On a broader scale,  work with your school district and community to develop a task force to create systems and policies to proactively address student mental health needs and make sure interventions are in place.  Talk to your child’s school district administrators about making mental health and social emotional health a priority in your school district and ask about what programs are in place to ensure children are served.   Much training is available and many organizations have resources to help.

As just three examples of what you can do:

1. Become Certified in Youth Mental Health First Aid
2. Consider taking the Sandy Hook Promise, which encourages safer schools and more mental health treatment.
3.  Attend a screening of No Letting Go, on mental health and youth and one family’s story, aimed at helping to end the stigma:

Read more on how to educate, advocate and support mental health awareness month by clicking here.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here or sign up for our monthly newsletter.

The New York State Education Department has published guidelines on testing accommodations for students with disabilities.

In order for students with disabilities to participate equitably in state and local assessments, changes in testing procedures are necessary. However, in September 2015, the Common Core Task Force formed by Gov. Cuomo received reports from special education teachers and parents stating that many special education students were not receiving the testing accommodations specified in their individualized education programs (IEPs). The Task Force therefore recommended that formal guidance be issued to districts to ensure that students get the testing modifications they need.

The Department of Education guidelines state that the Section 504 Multidisciplinary Team or the Committee on Special Education must identify and document the testing conditions needed by each student, in the student’s IEP or 504 plan. The guidelines provide that all students with disabilities, including students taking the New York State Alternate Assessment, should have testing modifications recommended as appropriate.

In order to recommend the appropriate changes to the testing procedures, the guidelines state that committee members, including students and parents, should be aware of the purpose of the test being administered, the rationale for the necessity of testing accommodations, and what kinds of modifications are available and how they are administered.

The Education Department guidelines make clear that each teacher and provider must be informed of the need for testing changes and their responsibilities in implementing the recommendations in the student’s 504 plan or IEP. They further state that if a school fails to provide needed modifications, a student’s test score may be invalidated.

Parents can learn more about testing accommodations at the Education Department’s Office of Special Education.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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by Thomas D. Begley, Jr., CELA

It is always difficult to move from one state to another, but when a family member has disabilities there are a number of considerations that should be addressed as early as possible.

• Health Care. Establish a “safety net” well in advance. Research the doctors, therapists and other service providers available in the new location and reach out to local advocacy organizations for referrals. Be sure your medical insurance serves the area to which you are moving. Otherwise, it may be necessary to obtain other medical insurance. Most medical insurance policies have geographic limitations.

• Special Education. If a child is receiving special education, it may be necessary to negotiate a new Individual Education Plan (IEP) and/or a 504 Plan prior to moving in order to avoid an interruption in services. The existing IEP should be forwarded to the new school district as a starting point.

• Guardianship does not automatically transfer from one state to the other. If the new home state has not signed a reciprocity agreement with the state you are leaving, transferring guardianship can be complex. Legal counsel in the state you are leaving and the state to which you are moving should be consulted to coordinate the process.

• SSI/SSDI. Simply supply the Social Security Administration with the new address on a timely basis and there should be no interruption in payments.

• SNAP (Food Stamps). SNAP is a federal program, but each state has variations. Verify the new state’s guidelines.

• Social Service Agencies. Do research and identify local providers of day care, in-home services, social programs, career assistance, and other supports.

• Estate Planning Documents. Review and update, if necessary, Wills, Special Needs Trusts, Living Trusts, Living Wills, and Powers of Attorney. Confirm that beneficiary designations are still correct.

• Motor Vehicle. Apply for a handicap vehicle permit, if required.

Our guest blogger this week is Tara Fishler, CEO of Customized Training Solutions.  Tara Fishler founded Customized Training Solutions in 2003. She and COO Leiat Klarfeld, have provided training to thousands of parents, teachers, support staff, administrators, and students in schools and organizations on topics including anti-bullying, anger management, special needs, diversity and mediation among many other topics. Ms. Fishler currently serves as President of the New York State Dispute Resolution Association (NYSDRA).

One in four kids in the U.S. is bullied on a regular basis. That’s bad enough, but what’s worse is that according to several studies, the rates are usually two to three times higher, for children with special needs. In nearby Connecticut, more than 50 percent of tracked bullying reports involved a student with a disability or an IEP.

While more and more schools are developing anti-bullying programs and policies, there’s still a great deal of work to be done, particularly for kids with special needs. For many of these kids, their parents will always remain their primary advocate.

The good news is, there are proactive steps that parents can take to protect their kids and create a healthier, more accepting environment in their schools and communities.

How Do You Know If It’s Bullying?

In the past, bullying issues were, at best, addressed haphazardly, and at worst, swept under the rug. Now, it’s taken more seriously, which is good. However, it’s also created confusion, because “bullying” has become a catch-all phrase for all kinds of peer conflicts, such as teasing and other relationship issues. In addition, since a child with special needs may not be able explain exactly what’s happening, how do you know if it’s a bullying situation or just “kids being kids?”

Bullying is defined as behavior that is intentional, aggressive and negative, carried out repeatedly against one or more targets. Bullying occurs in relationships where there is an imbalance of power between the parties involved.

Evaluating the balance of power in a conflict is often the best way to identify bullying versus teasing. If one party is afraid of the other, it’s more likely to be a bullying situation. When a child has special needs, it can be especially hard to tell what is really going on. (Look for my personal experience on this issue in a future post.)

Why Kids with Special Needs Are Targeted

Kids with physical, developmental, intellectual, behavioral, sensory disabilities and even allergies are more likely to be bullied than others. Studies indicate that when kids have visible physical disabilities, they are more likely to be victimized.

In addition, children with special needs often have a lower baseline social standing than their fellow students, which makes them more vulnerable from the start. When part of a child’s condition includes social challenges, such as autism, Social Communication Disorder (formerly Asperger’s syndrome), and ADD or ADHD (Attention Deficit Hyperactivity Disorder), the problem is intensified. Kids who have trouble holding conversations or making friends, or who have a low frustration threshold, are prime targets.

Ironically, the recent inclusion movement in schools may have actually made students with special needs more vulnerable. Special classes, aides, and technological equipment highlight the fact that these students are “different.” And being “different” can set kids up not only for social ostracism, but as the go-to target of bullies.

How to Spot if Your Child Is Being Bullied

The first indication of a bullying problem is often a change in a child’s behavior. Often, kids who are being victimized:

• Become reluctant to go to school.
• Start eating or sleeping poorly, or too much.
• Lose interest in classwork and slip academically.
• Lose interest in friends and favorite activities.
• Become moody or get upset easily.
• Regress in toileting and other skills.
• Complain of headaches or stomach aches.

In addition, look for physical signs, including:

• Cuts, bruises, or injuries that weren’t there in the morning.
• Torn or dirty clothing.
• Damaged or missing belongings.

If you suspect your child may be the target of bullying, document the situation and bring it to the attention of their teacher(s) and Principal. For more tips about how to handle bullying situations, visit www.tarafishler.com.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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By Marion Walsh, Esq. and Sandi Rosenbaum, Special Education Advocate

On March 4, 2015, between 6:30-8:00, the Lower Hudson Valley Special Education Advocacy Task Force will be holding a Policy Discussion Forum at the Arc of Westchester (The Gleeson-Israel Gateway Center, 265 Saw Mill River Road (9A), Hawthorne, NY), to discuss the Executive Budget and the proposed waiver of special education requirements.   This is an essential meeting to attend to understand the effect of the budget on special education services.

The Governor’s proposal for his executive budget contains a proposal to allow school districts, private schools, and BOCES to obtain a one-year waiver from following requirements or providing services which are mandated by New York law, but which are not required by the Individuals with Disabilities Education Act.   Here are just some of the services and mandates that could be affected:

• Autism requirements in 200.13 including parent counseling and training;
• Minimum daily/weekly requirements for home and hospital instruction;
• Notice requirements for CSE;
• Special Education Consultant Teachers required to have access to general education teachers to participate in instructional planning;
• IEP must include the name of the school and whether it is BOCES, public, or private;
• Evaluation AND implementation within 60 school days – Federal law has only an evaluation time frame, implementation “ASAP”; and
• Evaluation team must include members with relevant credentials – Federal law doesn’t require a multidisciplinary team

The Governor is proposing this for mandate relief, as well as to enable school districts to implement innovative programs.   But there could be a significant loss of services to students.

The Governor and Board of Regents are selling this as allowing Districts to apply for waivers so that the District can implement an innovative special education program that is consistent with federal law, in order to enhance student achievement.  The District, before initiating a proposal for a waiver, would have to provide notice to parents in the District and obtain input before applying for the waiver with the New York State Education Commissioner.

The proposed provision expands existing opportunities for districts to seek waivers from NYS requirements that exceed those of the Federal IDEA, subject to notifying all affected parents and providing them a 60 day comment period, which comments would be submitted as part of the waiver application.  One downside is that only currently affected parents need be notified; since special education programs and placements are fluid, the parent of a student who has benefited from the affected program in the past, or may in the future, would not even be notified that the district received a waiver to deviate from state law in certain respects.

The proposed provision actually expands existing, though little-used, opportunities for Districts to seek waivers from the Commissioner for the purpose of enhancing student achievement and opportunities for placement in general education settings.  There has been an opportunity in place for some time for Districts to seek waivers to offer innovative special education models outside the defined continuum of service.  Any such program which has a waiver granted for three consecutive years may be granted a permanent waiver.

Become educated on this issue and contact your state legislators as soon as possible, as valuable services could be at risk.

Learn more about our services by visiting www.specialneedsnewyork.com.

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The new law requires the New York City Department of Education to evaluate the need for audible door alarms and install them where they are deemed necessary. The evaluation and a timeline for installation must be completed by May 30, 2015. The law as passed is not as strong as the original proposal, to simply require audible alarms on school doors.

On October 4 of last year, Avonte Aquendo went missing from the Center Boulevard School in Long Island City, Queens. Avonte had severe autism and was not able to speak. Volunteers participated in a massive search for the boy. His body was found in College Point along the East River three months later.

Mayor de Blasio said that the legislation would protect other children from tragedy. Vanessa Fontaine, Avonte’s mother, said she supported the new law, but the family still had unanswered questions. She filed a wrongful death lawsuit against several city agencies in June.

Avonte’s Law is one practical response to the tragedy, but more action is needed to keep children with special needs safe. Children with autism in particular may be prone to bolting or wandering, but children with other special needs often require additional supervision as well. On September 15, a 15-year-old girl with an emotional disabilities and ADHD disappeared from her school in Brooklyn, leading to a search by family members and police. Thankfully, Nashaly Perez was found safe, but her mother said that officials at the special needs school did not take the disappearance seriously enough. How many times does a child with a disability have to disappear from school before New York City takes strong and effective action?

Every child with special needs has different needs, and parents must ensure that a child’s Individualized Education Program (IEP) reflects the level of supervision that is needed, and that school officials are aware of the requirements and follow them. However, Avonte’s case is one tragic example that reveals that school officials do not always follow through on instructions in a student’s IEP. Avonte’s IEP included a warning from his mother that he needed one-on-one supervision, because he liked to run and would leave the building. An investigation showed, however, that no one who was with Avonte the afternoon he ran had been informed of that tendency.

Avonte’s Law represents a step in the right direction, but school officials and teachers can and should do more to protect children with special needs.

Learn more about special needs planning and special needs advocacy by visiting www.specialneedsnewyork.com.

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The summer has flown by and now it is time to think about going back to school. While this can be an exciting time, it can also be an anxiety-provoking experience. This is especially true for students with special needs and their parents. Here are some suggestions to make the back to school transition easier:

1. Do You Have Your Child’s IEP or 504 Accommodation Plan? Make sure you have your child’s current 2014-2015 Individualized Education Program (IEP) or 504 Plan. If you do not, give your school district a call or send an email requesting that it be provided to you as soon as possible prior to the start of the school year.

2. Has Anything Significant Changed Over the Summer?

• Did your child have any new evaluations or even a new diagnosis?
• Did new concerns, behaviors or issues develop for your child over the summer, which were not discussed at the end of the year IEP or 504 meeting?
• Did your child make such significant gains or have a significant regression over the summer, so that the goals on the IEP are no longer meaningful?
• Are there accommodations that you have discovered to be useful over the summer that are not reflected in the 504 Plan?

If the answer to any of these is “yes,” then you need to contact the special education office and let them know and, if necessary, call a meeting.

 3. Have You Read It?

Make sure you have read your child’s IEP or 504 Plan. Your child’s IEP is your contract with the district. The IEP speaks to what services your child is going to receive for the upcoming year and what your child is expected to achieve this upcoming year. Make sure you understand how your child’s progress is being measured. Will data be taken? How often will data be collected? How and when will you be provided with progress reports? If your child has a 504 plan, make sure the accommodations accurately reflect your child’s school needs.

4. Do You Understand the “lingo”?

In order to advocate effectively for your child and understand his or her IEP or 504 Plan, it is important to have a good command of the language used in the special education arena. There are numerous acronyms.

Click here for a list of the acronyms used in the special education process.

5. Take a Tour

If your child will be attending a new school, this is a great time for a tour of the campus to help ease nerves on the first day of school. Doing a walk through of the school before the school year begins  may reduce some anxiety. Locate his or her classroom(s) and look over the desk arrangement and the classroom organizational system. Find the bathrooms, auditorium, nurse’s office, and gym. If your child travels from class to class, walk them through their schedule.

6. Set Up a Meeting or Send an Email

During the back to school time, teachers are busy preparing for all of their students. To avoid confusion and to ensure a smooth start to the school year, set up a meeting or send an email to your child’s teacher(s). If possible, it is a good idea to schedule a meeting with your child’s teacher to review his or her IEP or 504 Plan. This is a great time to provide the teacher with special insight on your child’s learning style, ask questions about homework, or provide information about a special diet that your child may be on.

For many students, , it is also a good idea for the child to meet their teacher(s) as well as any other service providers who will be working with them to ease anxiety.

If a meeting is not possible, you may want to create readable “down and dirty” dossier, above and beyond the IEP or 504 Plan:

• Start with your child’s strengths, but do not hold back on challenges.
• If your child has an official “diagnosis” you may want to educate his or her teaching team about the diagnosis and how it may manifest with your child in and out of the classroom.
• Write about how your child acts in certain situations. For example: how does your child act when he or she is angry? Nervous? Sad?
• Highlight the accommodations and services that your child should be getting in school and why they must be in place for a successful school year.

If your child is in middle or high school send this to your child’s entire teaching team so all services, accommodations and modifications are applied evenly and consistently across all settings.

7. Communication is Key

Prior to the school year, it is important to set up the best way to communicate with your child’s teacher(s) and to understand how often they will be communicating with you about your child. Ongoing reports about your child’s progress are critical for parents to fully participate in their child’s education. For some students, that might mean a daily log sent home in the child’s backpack. For others, it may mean a weekly email.  Some may require parent/teacher conferences, team meetings or progress reports. Whatever it will be for your child, you should get it straight before the school year starts so there are no unrealistic expectations and to ensure everybody is on the same page.

8. Set Learning Goals Together

Sit down with your child and brainstorm about the goals of the upcoming school year. Let him or her talk; you listen. Focus on strengths as well as on areas that need improvement. Make goals attainable. Meeting goals empowers a child to meet tougher challenges later.

9. Remember: There Will Be An Adjustment Period

Sometimes parents are quick to say that a program is not working. As a parent of a special needs child, I understand the need to make sure everything is perfect on the first day of school. There is an adjustment and recoupment period built into each grade’s curriculum even for the student without an IEP or 504 Plan, It will take teachers and the other professionals that work with your child time to adjust. We cannot expect perfection in the first couple of weeks. You need to allow the teachers and other professionals get to know your child and his/her unique learning style.

10. Remember: You Have Rights

As a parent of a child with an IEP or a 504 Plan, the law affords you many important rights. Never feel as though you should not invoke those rights if things are not going well. While, as I mentioned above, you should allow for an adjustment period, you should never feel that you are “stuck” with a program that is just not appropriate for your child. If you are not happy with how your child’s school year is progressing request a program review by the Committee on Special Education (CSE) or a meeting of the 504 team.

11. Try to Stay Positive

Remember that teachers and other school personnel went into this business because they care about children. They are as eager as you are for a great school year ahead.

Finally, as school approaches, do not be surprised if your child’s excitement and anxiety blends with some anxiety of your own. Pay attention to your own stress level, and do what you can to send positive, upbeat messages to your child about the year ahead. Praise your child as often as possible. Remember to celebrate minor, as well as major, accomplishments. Above all, do your best to notice those special moments that make parenthood so rewarding!

Wishing you and your children a wonderful and successful upcoming school year!

Click here to download a printable version of The Language of Special Education.

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By: Giulia Frasca, Esq.

The Justice Department conducted a study that shows that although children with special needs who receive special education services comprise twelve percent (12%) of the nation’s students, they constitute nineteen percent (19%) of students disciplined with either a suspension or expulsion. These percentages indicate that school districts often fail to understand the rights of students with disabilities and proactively provide positive behavioral supports.

The Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA) protect the rights of students with disabilities in that they cannot legally be subjected to long suspensions or expulsions for behaviors that are manifestations of their disabilities. Under New York State law, which applies to all students, whether classified or not, a “short-term suspension” is defined as five days or less. The Principal of the school can issue a short-term suspension. The parents have a right to an informal conference. The parent must receive twenty-four hour notice of the suspension and tutoring must begin, technically, immediately; however, this rarely happens.

Under New York State law, a “long-term suspension” is defined as a suspension that lasts more than five days. Long-term suspensions can only be issued by the Superintendent of the district and only after the Superintendent conducts a hearing to determine innocence or guilt. Witnesses may be called and cross-examined at the “Superintendent’s Hearing.”

Under the federal special education law (IDEA), a suspension in excess of ten school days constitutes a “change in placement,” and cannot be issued without going through the CSE. It is important to note that “ten days” can either mean ten consecutive days, or a series of short-term suspensions that add up to ten days if they are a part of a pattern of suspensions.

If a school district is seeking to suspend a student with a disability for longer than 10 days, it must conduct a manifestation determination. The “Superintendent’s Hearing”, discussed above, must occur first. If the student is found “guilty” at the Superintendent’s Hearing, the manifestation determination must be scheduled. CSE members, including the parent, attend the manifestation determination and make the determination. The CSE team will review information such as the student’s IEP, teacher observations, information from the parent and, sometimes, testimony from the student. The objective of the manifestation determination is to determine whether the conduct for which the district seeks to discipline the student was caused by, or had a direct and substantial relationship with the student’s disability, and/or was the conduct a direct result of the district’s failure to implement the student’s IEP.

If the conduct at issue is determined to be a manifestation of the student’s disability, the student must be returned to the placement from which he or she was removed unless the parent and the district agree upon a new placement.

If the CSE team has not yet conducted a Functional Behavioral Assessment (FBA), one must be conducted and a Behavioral Intervention Plan (BIP) must be developed. If the child already has a BIP, the CSE must review and modify the BIP in consideration of the conduct that led to the suspension and with the goal of preventing similar behavior in the future. If the behavior was a direct result of the district’s failure to implement the IEP, it is the district’s responsibility to immediately remedy those deficiencies. See Part 201 of the Regulations of the Commissioner of Education. If the school district does not follow the steps described above with regard to suspending a student for more than ten days, it is in violation of law.

Studies show that “reprimands, detentions and exclusion” are ineffective means of modifying student behavior and that forcing a student to be absent from school for long periods of time actually increases dropout rates, especially for students with special needs. See Discipline and the Special Ed Student, Maureen E. Hook, Ph.D. date February 14, 2014. This leads to an increased likelihood of unemployment and economic dependence for students with special needs. Rather than remediating the behaviors, suspending a student with special needs can have an unintended, detrimental effect on the student and ultimately society as a whole.

Students with special needs often exhibit associated behavioral issues and challenges and may require concrete examples of prohibited behaviors and conduct. They may have difficulty understanding the school’s disciplinary code as written. A student’s specific disability may also play a role in the behaviors exhibits. See Discipline and the Special Ed Student, Maureen E. Hook, Ph.D. date February 14, 2014. For example, a child with Tourette’s syndrome may shout something inappropriate, or repeatedly engage in conduct that is disruptive to others such as tapping, or fidgeting. A student with ADHD may have an outburst due to his or her disability. A student with autism may engage in flapping, banging or other stimulatory behavior. Before the student is disciplined, the relationship of the student’s disability with the offending behavior should be considered.

The movement from self-contained classrooms to the mainstream learning environment may influence certain conduct in students with special needs because there are many more factors that could stimulate, and/or cause anxiety or stress in a student with special needs. They face additional social, emotional, academic and environmental stressors and challenges. These challenges increase as students with special needs transition from elementary school to middle school and from middle school to high school. The predictability and flexibility of their daily schedules are no longer present. See Discipline and the Special Ed Student, Maureen E. Hook, Ph.D. date February 14, 2014.

While there may be benefits to receiving instruction in the least restrictive environment as required by the IDEA, the mainstream setting may not be appropriate for all children with special needs. It is necessary for the IEP team to consider each student’s special needs. For example, a student diagnosed with a processing disorder may not be able to maintain his or her focus any may miss crucial information in an ELA class with 25 students. The same may be true for students with hearing impairment. A student with attention issues may have trouble attending to task for extended periods of time. The implementation of common core standards and an increased emphasis on test results may often render it difficult for teacher to be able to individualize programs for students with special needs in the mainstream setting. Funding cuts also make it difficult for school district to provide students with special needs appropriate individualized instruction. See Discipline and the Special Ed Student, Maureen E. Hook, Ph.D. date February 14, 2014.

For these reasons, violations of the IDEA have been increasing. Littman Krooks LLP’s special education department works diligently with families of children with special needs to help them obtain a free appropriate public education for their children. To learn more about the Special Education Process at Littman Krooks, click here.

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The death of Avonte Oquendo, a 14 year old boy with  autism has shocked and saddened NYC and it surrounding area.  Avonte disappeared from his school in October and his remains were  discovered in the East River, after he fled school .

What can be done to prevent a future tragedy? Among other measures, Avonte’s loss has sparked the debate of using technology to track  children with special needs who  are flight risks.  Senator Charles E. Schumer recently proposed “Avonte’s Law,” which would finance a program to provide optional electronic tracking devices to be worn by children with autism.  Senator Schumer noted that Avonte’s running away was not an isolated incident.  Many students with disabilities pose flight risks, and technological solutions may be available.

What is an Electronic Tracking Device?

An electronic tracking device uses radio frequencies to track the location of individuals.  The  device can be worn like a bracelet or attached to clothing or shoelaces, and enables parents and law enforcement agencies to locate a child who  goes missing, within minutes.  Wearable radio frequency identification devices for children have been on the market for nearly a decade. However, their popularity has only recently come to the forefront of discussion with the increase in children whom are supposed to be under direct supervision going missing. Avonte Oquendo represents  just one of many students who have left school premises without notice.

Tracking Devices Used for Alzheimer’s Patients

Programs similar to this already exist for patients diagnosed with Alzheimer’s disease, and here at Littman Krooks LLP we often recommend many of our clients to engage in the use of tracking devices for elderly parents or relatives that have a tendency to wander. Opponents argue that a tracking device  further objectifies patients with this sensitive disease and leaves them even more powerless. However, proponents of the devices argue that it gives the caregivers and family a sense of security that they will always be able to find their loved one.

Devices Create Debate over Privacy Rights of Children with Special Needs

The proliferation of radio frequency devices is a serious concern and raises  many questions  with respect to tracking children. Should these devices solely be used on special needs children who are flight risks, or would these devices benefit all school children? Moreover, do these devices pose a significant risk to the privacy rights of our children?

Proponents of the tracking devices for use with all students argue that the devices offer security advantages if used in schools, as school officials would immediately know if a student didn’t show up for class and could notify parents quickly if a child was missing from school. School officials could also quickly identify anyone who didn’t belong on campus if they weren’t wearing a tracking device. Schools would also be able to more efficiently and accurately track and verify attendance of their students.

In 2005, a local school in Sutter California attempted to implement a tracking system for all of its students. However, in this case the parents were not informed of the tracking system until it was in place. The tracking system was ultimately abandoned as the ACLU and parents stated various concerns including that the transmitter would jeopardize the safety and security of children by broadcasting identity and location information to outside individuals with a chip reader and subject students to demeaning tracking of their movements.  Again, in San Antonio, Texas in 2012, Northside Independent School attempted to implement a similar program which was ultimately quashed by outrage from parents from lack of informed consent.

Unlike the systems in Sutter and Northside, Akins High School in Austin Texas in 2013 implemented a voluntary tracking program for its students to help raise awareness of truancy issues and prompt students to attend class. The Austin program required parental written consent. Thus far users of the program have stated that it has increased attendance among users and they have not seen negative effects.   Opponents of tracking children compare it to that of tracking of cattle or a system right out of an Orwell novel.  They believe that it is too much of an infringement on the rights of their children and do not believe that it is a proper method to monitor where and when a child moves.

If we raise ethical concerns regarding the tracking of the entire population of students, should we still be tracking special needs children? Specifically, targeting tracking children with autism raises the implication that children are uniquely helpless and should thus be subject to surveillance.  Does this infringe on their privacy rights more than others? Moreover, equipping children with autism with a tracking device, even voluntarily could open the flood gates for tracking devices to be used on all groups of at-risk kids including suicidal teens; domestic violence victims; and children with developmental disorders. Proponents argue what is the problem with opening the flood gates? If tracking works then we should use all available technology to keep our kids safe? The issue of targeting one group of children for tracking rather than all children can lead to issues of inequality.

Parents Must be Informed of Student’s Privacy Rights

Moreover, parents should be well informed of the risks of placing such a device on their child.  The idea of keeping our children safe through the use of technology, inherently clashes with the desire for privacy.  The Supreme Court recently looked at the issue of privacy rights with respect to GPS devices in United States v. Jones 132 S. Ct. 945 (2012). In Jones, the Supreme Court Justices agreed that the Defendant accused of drug trafficking was searched when the police attached a Global Positioning System (GPS) device to his car. However, the Court could not come to a decision on what constituted the search. Was it the attachment of the device or was it long-term monitoring. Justice Alito, concurring, argued that the monitoring was a violation of Jones’s reasonable expectation of privacy.

The Court’s landmark decision in Katz v. United States, 389 U.S.347 (1967), altered the focus of the Fourth Amendment from property to privacy rights. The use of GPS and tracking devices both to track a person’s property and themselves, will inevitably lead to future Supreme Court rulings with respect to the expectation of privacy. Specifically, if one voluntarily places a tracking device on themselves, by giving tracking information to a third party, do they still have an expectation of privacy? With each advance in technology, the courts and Congress are asked balance privacy issues.  It will take many future cases and statutes to determine what those rights are.  With respect to tracking devices on children, parents need to be aware of the risks that placing a device of their child may have.

The Use of Tracking Devices Should Remain an Individualized Decision

Many parents will argue  that the risk of the invasion of privacy is far outweighed by the safety and security they can gain for their child by employing one of these devices. With ever evolving technology and laws, parents need to keep appraised of changes. With the development of a database of information established on children, families need to be aware their information might be shared with other agencies and/or third parties. While these programs may ultimately do more good than harm, parents still need to be mindful regarding the accessibility and availability of their children’s private information.

We support Avonte’s Law as a voluntary protection for children with severe disabilities, but with the strong caveat that legislators must be mindful of privacy concerns. We urge legislators to adopt the law but draft it to maximize privacy protections for our most vulnerable students and absolutely ensure that it is voluntary and that a child only will wear a tracking device if his or her parents provide informed consent.  Parents need to carefully evaluate and understand the infringement of privacy for their child and make an informed decision.

In the interim, be proactive with your child.  Work with your school district on developing a program .  You and your child’s IEP team should evaluate whether your child poses a flight risk and include such information on your child’s IEP as a special alert and in their present levels of achievement and functional performance.   Make sure you alert all of your child’s teachers.  .  Ask about whether your child requires a functional behavioral  well as an intervention plan with regard to your child wandering is an extremely important conversation that should be had with the school district.

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This is the question that kept me up one night a few years ago.  Not having an answer to this question is what started me on my journey of discovery for my family and it was the idea behind the creation of the website www.FailuretoPlan.com. I needed answers so that I could sleep comfortably knowing that if something were to happen to me that night, there was a plan in place that would take over and protect my family when I could no longer.

But, my child has autism and I have always been concerned about his future. It wasn’t that I didn’t want to plan for my child’s future because his future weighed heavily on me — I just didn’t know what to do or where to go for expert guidance and direction.  I was so busy with speech therapy, OT, IEPs, typical IEP’s for my special child and the sports leagues, practices, student government activities of my oldest child…

…Overwhelmed at times doesn’t begin to describe how I felt and days quickly turned in weeks which turned into months and, then, into years.  No long term planning was getting done with all of this activity in my life.  Can any of you reading this relate?

For me, to create a truly comprehensive plan, I had to come to terms with my own mortality and the fact of the matter is that ignoring the inevitable will not delay its’ coming.  If you fail to plan, you are planning to fail and failure was not an option for my child and my family.  Making no decision is a decision onto itself. Your little child with special needs will become an adult with special needs in the blink of an eye.

No one wants to talk about our mortality but everyone should.  Finding a team of professionals to help you navigate through the special needs planning process is a critically important task for all caregivers.  Through my own research, I learned of A Special Needs Plan – a leading expert of comprehensive special needs planning and Littman Krooks – the premier special needs planning legal firm in the country.

I spoke to both Bernard Krooks of Littman Krooks and Ryan Platt with A Special Needs Plan and  what struck me most about each of them was their sincere interest in wanting to help educate parents on the planning process.  I brought up my idea to create a series of online interviews that could help walk a parent through the key elements of preparing a plan for their special child and they both readily agreed.   We have completed several of these interviews already and you can watch and listen to them on our website.  Each one is about 25-30 minutes long.

It was important to me that what I learned on my journey, I would be able to share with other parents and caregivers.  Utilizing social media platforms makes it easy to document my learning and make it available to you through YouTube and other social media outlets.  You can watch the “live” interviews on YouTube or Google+ as they take place and ask questions of Ryan and Bernard live on the day of our interviews.

If one of your goals is to finally get your special needs plan completed in 2014, I would encourage you to listen to our previous interviews and put the upcoming ones on your calendar so you can learn how to set up a plan for your family in the new year.

With careful attention to this transition, parents can act as partners with their children without usurping and controlling the process.   Parents should understand their legal rights and the rights of their children to help the process go smoothly.

Know Your Parental Rights to Receive Information
As a general rule, pursuant to the Family Education Rights and Privacy Act (“FERPA”), the right to access educational records transfers from parents to “eligible students” at age 18.  Many parents and even some colleges believe that this means that parents have no right to receive information or educational or records without student consent.  Many colleges, as a general practice, will not give parents information or educational records about their children.  However, if you claim your child as a dependent on your tax return, as most parents do for college students, FERPA allows your student’s college to release student records and information to you, whether or not your child consents.

So if your student’s college resists providing information, let them know your child if financially dependent and, if necessary, you can provide your tax returns.
Encourage Your Child to Self-Advocate
Parents must help their children advocate for themselves. Ideally, students should have developed this skill in high school as part of transition services on their IEP, but many do not develop this skill by high school graduation.
If your child has not developed the skill of self-advocacy, there is still time.  Your student must know his or her strengths and areas of need and understand his or her legal rights. You can ask your student’s advisor to work with your child to help him or her self-advocate and explain the importance.
How much should you advocate for your college student? Every student is different. For students with disabilities initially adjusting to college, some parental advocacy is appropriate to get students settled. But ultimately, your goal should be to ensure your child understands his or her legal rights and can advocate.

Understand Your College Student’s Rights
Although colleges and universities do not have to comply with the Individuals with Disabilities Education Act and develop IEPs or provide a free and appropriate public education, just about every institution must comply with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.   This means that they must offer equal opportunity and access to opportunities for students with disabilities, and offer programs and services on the same basis as to non-disabled students. Specifically, Section 504 of the Rehabilitation Act provides, in relevant part that, individuals with disabilities shall not “be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” Students with disabilities are entitled to reasonable accommodations and services, but your child will have to initiate the request for accommodations or services and provide documentation.
Your student’s college should have a Disabilities Service Office and publish important information on student rights. The Office for Civil Rights has put together guidance written specifically for college students with disabilities and has also published important information on auxiliary aids and services.
Parents of High School Seniors
In a future entry, we will provide guidance for parents of students with disabilities in high school, preparing for college, to ensure your child is receiving appropriate transition services.

For more information visit www.specialneedsnewyork.com.

Children with special needs often struggle with executive functions. For parents whose children face these challenges, it is important to understand what executive functions are, the common warning signs of problems with them, and how learning specialists can help children who face this difficulty.

Executive functions are cognitive processes that control other cognitive processes, connecting past experience with present action. Executive functions are crucial to children’s daily activities like dressing themselves or doing chores, and difficulty with executive functions will especially impact a child’s schoolwork. We all use executive functions for such actions as making plans, keeping track of time, making corrections while thinking, reading or writing, and engaging in group discussions. Executive functioning is what permits us to keep track of more than one thing at a time, holding on to information until it is appropriate or useful for it to be applied.

Children who struggle with executive functions will often seem to be disorganized. Thy may have trouble planning projects and have little understanding of how long they may take. These children may have trouble memorizing information, and when telling a story may have trouble keeping events in sequential order. In addition, a child may have problems with working memory, for instance being unable to remember a phone number while dialing it. There is no one test to identify problems with executive functioning. Educators, psychologists and others may use a variety of methods to identify such problems, including careful observation, tests and trial teaching.

If a difficulty with executive functions has been identified, there are many learning tools that educators and parents can share with children to help them with organizational skills.

Four Learning Tools Available:

• Checklists: One tool that helps with executive functions is using a checklist. If a child has trouble conceiving of or keeping track of the steps necessary to accomplish a complex task, then a checklist can be a tremendous help. Instead of struggling to understand what step should be done next, a child can simply move through the list. Checklists can be useful at school or with the tasks of daily living, such as getting ready for school in the morning. It can be especially helpful to set time limits for each task on a checklist, as children with executive dysfunction will often not be able to judge how much time each step should take.

• Calendars and Plans: Because struggling with executive functions make planning difficult, it is all the more essential for children to be introduced to the importance of writing down a plan. Frequent use of a calendar and writing down homework assignments are habits that should be encouraged, and that will take time and energy.

• Encouragement: Children who find organization challenging often do not understand why being organized is important and may become frustrated with planning. However, encouragement and repetition can help children develop these skills, and establishing a reward system can help them see the benefits.

• Routines: Developing a routine is also important for children with executive function problems. Doing homework at the same time every day is an especially useful routine, especially with older children who may prefer to do homework when they feel like it. This leads to procrastination and problems with the work. A child who has trouble planning and getting organized may not see that putting off a task will have bad results, and encouraging a routine is one way to help.

Difficulty with executive functions is a common problem for children with special needs, but if the challenge is identified and addressed, then there is a lot that parents and teachers can do to help. If you believe your child’s executive functioning difficulty is becoming debilitating, be sure to discuss this with his or her teacher or section 504 or IEP team and document concerns in writing.

For more information about our legal services for families with special needs, visit www.specialneedsnewyork.com.

Once a child with autism turns 18, the situation changes. Although an adult with autism may benefit from continued treatment, and parents may be funding that treatment, parents will not necessarily have the same access to their adult child’s treatment providers, and thus cannot play the same role. In addition, it can be an important step for a young adult with autism to begin playing more of a role in directing his or her own treatment. However, this can often be a struggle.

For students on an individualized education program (IEP) in high school, there is a legal requirement that a plan be developed to help the student transition into adulthood. Research has shown that the more students can be encouraged to develop self-determination, the more they will be able to participate in their own IEP and transition plan. This transition into self-direction of his or her own treatment will serve the student well as a young adult.

One difficulty that is often encountered with young adults receiving treatment for autism is lack of coordination among multiple service providers. When the young adult was a child, his or her parents or school counselors may have worked to ensure that different types of treatment fit into a cohesive treatment plan. As an adult, it is important for a person with autism to understand, as much as possible, the goals of treatment and be able to judge whether or not various treatment options are meeting those goals. Needless to say, each young adult with autism has different capabilities, but the if parents work with their child toward self-determination during the teenage years, then the person will be more able to participate in his or her own treatment as an adult.

For more information about our legal services for people with special needs, visit www.specialneedsnewyork.com.

Parents of a child with special needs will do anything they can to make sure their child is happy and in a supportive environment. When it comes to discussing your child’s education with his or her teachers and the school’s administration many parents feel they can handle it on their own.

Here are ten reasons why you should consider hiring an advocate or attorney to help get everything you want for your child.

1. Level the Playing Field

Have you ever been to a Committee on Special Education (CSE) meeting for your child and been told by the school district “we cannot do that?” Did you ever wonder whether what they were saying were true?  When you work with a special education attorney or qualified special education advocate you will understand your rights and the school district’s obligations.  This will level the playing field for you.

2. Alphabet Soup

FAPE, LRE, IDEA, 504, NCLB, IEP, IFSP, CSE, CPSE, EI etc. etc etc.  In order to effectively advocate for your child you must know the lingo.  Terms may be used at a CSE or IEP meeting that you do not understand.  This immediately puts you at a disadvantage.  A special education attorney or qualified advocate can help you understand how these terms apply to your child.

3. Understanding Testing

School psychologists, special education teachers, and other related services professionals have gone to school for many years to understand how to test and interpret results.  Most parents are not trained in the language that is used to report data.

A special education attorney or qualified special education advocate can review your evaluations, progress reports, and other data and explain to you what they mean, how they apply to your child, and what services your child may or may not be entitled to based on those results.

4. Did the District Forget Anything?

Do you think your child would benefit from Assistive Technology?  Is it time to discuss transition? Has your child been having behaviors in school that impact his or her learning and you believe that the district has not tried everything they could?  A special education attorney or qualified advocate can assist you in ensuring you have gotten all appropriate services for your child.

5. Goals!

Your child’s goals are one of the most important, yet also one of the most overlooked, components of the Individualized Education Program (IEP).  Goals need to be meaningful, should not be the same from year to year, and should be individualized.   Additionally, goals should be developed with parental input. A special education attorney or qualified advocate can assist you in developing individualized and meaningful goals for your child.

6. The IEP Document

Did you ever receive your child’s IEP and it did not accurately reflect what occurred at your meeting? Your IEP is your “contract” with your school district.  If something does not appear in the IEP then it does not have to happen whether it was discussed at the CSE meeting or not.  A special education attorney or qualified special education advocate can help you review your IEP and make sure that all necessary information and services are contained in it.

7. You have So Many Roles

As a parent of a child with special needs you have many roles at the CSE meeting; these include being the parent, the listener, the questioner, the active team member, the creative thinker and an advocate.  It is virtually impossible to do all these roles well.  You also may not be comfortable with one or more of these roles.  Bringing a qualified special education advocate, and in certain circumstances, a special education attorney, to your CSE meeting takes the burden off of you in having to serve in all of these necessary, yet different, capacities.

8. Take the Emotions out of It

Let’s face it; we get emotional when speaking about our children.  Even though I have been a special education attorney for many years, being a parent of a special needs child myself, I have been known to cry at my own son’s CSE meeting and am not always able to get my point across when I am emotional.  I cannot stress enough that this is a business meeting and parents need to keep emotions out if it.

Having a qualified special education advocate, and in certain circumstances, a special education attorney, at your CSE meeting will allow you to participate taking the emotions out of it.

9. Your Child is Not Making Meaningful Progress

As a parent you know your child better than anyone else.  You may feel that your child is not making progress in their current program.  If this is the case, it is important that you speak with a special education attorney or qualified special education advocate to do an analysis of your child’s progress, or lack thereof, and assist you in obtaining the program and/or services your child requires to make meaningful progress.

10. You Do Not Agree

In a perfect world we would all come out of a CSE meeting with everything our children are entitled to.  Many parents wrongly walk away without needed services when they are initially denied by the CSE. If you feel that your child is not receiving all of the appropriate services from your school district, it is extremely important to speak to a special education attorney to know whether you have a right to a particular service or accommodation for your child and what your next steps should be.

For more information about our legal services or special education advocacy, visit www.specialneedsnewyork.com.

Parents of a child with special needs will do anything they can to make sure their child is happy and in a supportive environment. When it comes to discussing your child’s education with his or her teachers and the school’s administration many parents feel they can handle it on their own.

Here are ten reasons why you should consider hiring an advocate or attorney to help get everything you want for your child.

1. Level the Playing Field

Have you ever been to a Committee on Special Education (CSE) meeting for your child and been told by the school district “we cannot do that?” Did you ever wonder whether what they were saying were true?  When you work with a special education attorney or qualified special education advocate you will understand your rights and the school district’s obligations.  This will level the playing field for you.

2. Alphabet Soup

FAPE, LRE, IDEA, 504, NCLB, IEP, IFSP, CSE, CPSE, EI etc. etc etc.  In order to effectively advocate for your child you must know the lingo.  Terms may be used at a CSE or IEP meeting that you do not understand.  This immediately puts you at a disadvantage.  A special education attorney or qualified advocate can help you understand how these terms apply to your child.

3. Understanding Testing

School psychologists, special education teachers, and other related services professionals have gone to school for many years to understand how to test and interpret results.  Most parents are not trained in the language that is used to report data.

A special education attorney or qualified special education advocate can review your evaluations, progress reports, and other data and explain to you what they mean, how they apply to your child, and what services your child may or may not be entitled to based on those results.

4. Did the District Forget Anything?

Do you think your child would benefit from Assistive Technology?  Is it time to discuss transition? Has your child been having behaviors in school that impact his or her learning and you believe that the district has not tried everything they could?  A special education attorney or qualified advocate can assist you in ensuring you have gotten all appropriate services for your child.

5. Goals!

Your child’s goals are one of the most important, yet also one of the most overlooked, components of the Individualized Education Program (IEP).  Goals need to be meaningful, should not be the same from year to year, and should be individualized.   Additionally, goals should be developed with parental input. A special education attorney or qualified advocate can assist you in developing individualized and meaningful goals for your child.

6. The IEP Document

Did you ever receive your child’s IEP and it did not accurately reflect what occurred at your meeting? Your IEP is your “contract” with your school district.  If something does not appear in the IEP then it does not have to happen whether it was discussed at the CSE meeting or not.  A special education attorney or qualified special education advocate can help you review your IEP and make sure that all necessary information and services are contained in it.

7. You have So Many Roles

As a parent of a child with special needs you have many roles at the CSE meeting; these include being the parent, the listener, the questioner, the active team member, the creative thinker and an advocate.  It is virtually impossible to do all these roles well.  You also may not be comfortable with one or more of these roles.  Bringing a qualified special education advocate, and in certain circumstances, a special education attorney, to your CSE meeting takes the burden off of you in having to serve in all of these necessary, yet different, capacities.

8. Take the Emotions out of It

Let’s face it; we get emotional when speaking about our children.  Even though I have been a special education attorney for many years, being a parent of a special needs child myself, I have been known to cry at my own son’s CSE meeting and am not always able to get my point across when I am emotional.  I cannot stress enough that this is a business meeting and parents need to keep emotions out if it.

Having a qualified special education advocate, and in certain circumstances, a special education attorney, at your CSE meeting will allow you to participate taking the emotions out of it.

9. Your Child is Not Making Meaningful Progress

As a parent you know your child better than anyone else.  You may feel that your child is not making progress in their current program.  If this is the case, it is important that you speak with a special education attorney or qualified special education advocate to do an analysis of your child’s progress, or lack thereof, and assist you in obtaining the program and/or services your child requires to make meaningful progress.

10. You Do Not Agree

In a perfect world we would all come out of a CSE meeting with everything our children are entitled to.  Many parents wrongly walk away without needed services when they are initially denied by the CSE. If you feel that your child is not receiving all of the appropriate services from your school district, it is extremely important to speak to a special education attorney to know whether you have a right to a particular service or accommodation for your child and what your next steps should be.

For more information about our legal services or special education advocacy, visit www.specialneedsnewyork.com.

Jennifer Wood, 40, of Plainville, Ill., is the mother of seven children, including three young boys diagnosed with autism. That alone sounds exhausting enough. But for the past three years, Wood has been attending law school at the Illinois Institute of Technology, and she graduated last month.

The recent graduate decided she wanted to become a special needs attorney during a custody battle with her first husband – the biological father of the three autistic boys. The attorneys and judges involved wanted to institute the usual every-other-weekend visitation policy between the boys and their father. Wood struggled to get them to understand that the boys needed strict routine and could not grasp the concept of “every other.”

Meanwhile, Wood, a former high school teacher, had been volunteering her time helping other special needs families develop their IEPs, or individualized education plans, in meetings with teachers and school administrators. When parents and educators were unable to agree on an IEP, the matter would eventually be resolved at a legal hearing where families needed legal representation. In those cases, Wood was no longer able to help the parents she had put so much effort into guiding.

Wood is now one step closer to being able to see such matters through and help families from start to finish. Hers is an inspirational story of hard work for the sake of helping both oneself and others.

As summer approaches, our children get excited for the end of school year and summer vacation. Summer is usually a time when adults can ease schedules and relax. If you are a parent of a school aged child with special needs, the arrival of summer is exciting, but it also comes with a sense of dread, significant stress and anxiety. Summer means a change in routine, excruciating amounts of down time, travel, visiting family and friends, outdoor outings, barbecues, too much noise, and too much food.

As a mother of a child with significant special needs, I have developed some coping mechanisms and methods to use summer as a learning opportunity for my child. I hope these are helpful to you!

Set and Stick to a Schedule and Keep Routines in Place
A break in routine can often lead to an escalation of behaviors or regression for some children. Even if your child receives Extended School Year (“ESY”) services from your school district, this program can often be different than the regular school year program and is often only six weeks in length.  During down time it is critical to stick to a schedule. Taking a few minutes to plan out the day or a week can be the secret to a successful summer vacation. Whenever possible, maintain as much of the usual structures. For example:

• Keep consistent bedtimes and wake up times even when there is no school and also try to keep similar limits set during school
• Keep “screen time” allowances limited
• Maintain reading routines
• Meals should remain around the same time

Keep up the Learning
Learning does not have to stop just because school is out for the summer.  The summer is a great opportunity to incorporate authentic learning experiences. Additionally, it is important to build time into your child’s daily or weekly schedule to research experiment and investigate a topic that interests your child. Choose activities that play to your child’s strengths not just their preferences. You can go to homeschooling websites to find various resources.

Set up Play Groups and/or Social Skill Groups
The summer can be a great time to get involved with other families with special needs children.  Create your own play or social skills group and plan dates for activities or field trips. It is important that your child has opportunities to continue to develop their social skills and not lose touch with their classmates.This can also be a good networking opportunity for parents.

Get Activities from School Personnel
Before the school year ends, ask teachers and therapists for activities that you can do with your child over the summer. This can help you establish a routine and can also help you understand, first hand, what your child has been working on and whether they can generalize skills.

Try to Schedule Ample Help
If possible, try to schedule extra help to assist you during the summer time. You can seek out special education teacher aides that work for a school district and have the summer off. They may have some time and you can enlist them for help.This help can also take the form of a “mother’s helper;” someone to come along with you to activities and gatherings. You may be able to find mother’s helpers through a local high school or college. One thing that I want to emphasize: it is OK to leave your child with special needs behind (with proper supervision) if you are attending an event that you feel will be difficult for your child. Many parents feel very guilty about leaving their child behind but it is usually preferable than putting him or her in a situation that would be overwhelming or difficult.

Keep Expectations Reasonable
We tend to have high expectations for summer vacations and want them to be “perfect” family times. Try not to get frustrated if the occasions do not go as planned. Instead of setting many goals for your special education child, set one goal or family project that you can all work on together.

It is a Good Time to See How Your Child is Truly Performing
We recently had or are about to have our annual CSE meetings. At this meeting, the teachers and therapists spoke about your child’s progress (or lack thereof) in certain areas. The summer is a good time for you to make an assessment of your child’s progress and see if you agree or disagree with the CSE. Take the time over the summer to really get to know how your child is doing and review his IEP for the upcoming year. You may find that the goals are not relevant or are set too high or low. You may want to call a program review at the beginning of the school year to address your concerns.

Use Time with Family to Discuss Plans for the Future
While visiting with family and friends over the summer, it is a wonderful time to discuss your plans for the future of your child with special needs. It is a good time for your extended family members to see, first hand, what it takes to raise your child and for you to see how these family members deal with your child. Use these family gatherings to discuss guardianship and other special needs planning ideas you may have.

Count Your Blessings
While it is hard to raise a child with special needs and you may wish you could just have a “normal” summer and not worry about all of the above, summer is an important time to try to stop for a moment and count your blessings and try to realize all of the gifts your special needs child has given you. Even though summer is a difficult time in my own home, I realize that I have become a better mother, a more patient person and a better attorney helping families with special needs, all because of my son. This makes me feel very lucky indeed!

Have a wonderful summer!

For more information, visit www.specialneedsnewyork.com.