SEPAG Special Education Parents Advisory Group

Special Education Distance Learning During COVID 19

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Confused about whether your child should be receiving special education services if their school is closed because of COVID-19? You are not alone.

Soon after the COVID-19 crisis caused schools across a number of states to shut down, the United States Department of Education posted a Q&A on its website regarding states’ responsibilities to provide special education services under the federal Individuals with Disabilities in Education Act while their public schools were closed.

The USDOE’s Q&A caused an uproar because it suggested that public schools were prohibited from offering educational programs to special education students via distance learning. The Q&A also suggested that the right to a legally required free and appropriate public education was contingent upon whether general education students were receiving instruction, too.

Based on the USDOEs Q&A, some school districts decided to halt instruction entirely, under the assumption that they need not provide special education students with a free and appropriate public education during the closures.

As a result of both the backlash and mounting confusion, the USDOE has attempted to clarify its position through a “supplemental fact sheet” it posted on its website.

The USDOE stated that school districts should not close or deny distance learning opportunities, particularly because they can be used to provide services to special education students. The USDOE made clear that school districts can effectively provide many special education services via modifications, such as through video and telephonic conferences.

However, the USDOE also noted that the nature of some related services render them challenging, and perhaps unsafe, to administer from afar, such as occupational therapy. Needless to say, many special education students who receive physical therapy services (and other services considered unsuitable for refashioning) will be negatively affected during the school closures.

Closer to home for our law firm and most of our clients, the New Jersey State Legislature has passed Assembly Bill 3813, which currently awaits New Jersey Governor Phil Murphy’s signature.

The bill requires state school districts to give special education students the same access to remote instruction as general education students have (to the extent that access is “appropriate and practical,” which is something advocates contend the IDEA already requires). The bill also expressly authorizes school districts to provide speech language and counseling services through an alternative format.

And just today, April 1, 2020, the state of New Jersey issued rules applicable in a public health emergency (pursuant to the authority granted to agency heads by Executive Order 107, the State of Emergency signed by Governor Murphy), relaxing the general rules regarding the delivery of related services, and permitting them to be provided remotely.  This is a good step toward getting children with disabilities back on track.

Despite the USDOE’s attempts to calm fears and refine its position, we remain in uncharted waters. Because the navigation is sure to be choppy during these uncertain times, you may be confused as to what special education services your children should be receiving, and what legal options are available to them in the event the services are not provided.

We at John Rue & Associates, LLC are here to help.

If you have any questions or concerns regarding the impact school closures have on your student’s education, please contact us at (862) 283-3155 for a free preliminary consultation.

John Rue & Associates, LLC

www.johnruelaw.com

John Rue & Associates New Jersey Education Lawyers www.johnruelaw.com John Rue & Associates can help with your real life legal issues, from education disputes with your local public school & discrimination by school officials, as well as family & civil litigation.

“Doing Well by Doing Good.”

(862) 283-3155

Home-bound

Special Needs IEP CoachingLeave a comment

How are your classified children dealing with the home/virtual learning?

Forgive my absence, I guess I’m a little depressed over the Coronavirus and the so called “Home/Virtual” schooling that’s supposed to be taking place. I’ve been meeting with my tutoring students both in person and virtually, and am totally dismayed at the lack of instruction, and support provided to those kiddo’s with IEP services of In-Class Resource (ICR). They’ve become the forgotten, and their parents are trying to pick up the slack.

Not to mention all the students that were in a “Self Contained” classroom setting; I find they’re schooling has been left completely up to parents. Many of whom have no idea how to teach special needs, the concepts of ABA style learning, or implement OT and PT practices. I mean these children are experiencing regression BIG TIME, and no-one seems to care?

Now normally this is a big time for me… you know…. IEP Season! A time when we are usually reviewing your child’s IEP and coming together in Review Meetings to discuss what worked and what didn’t? Well, THIS IS NOT WORKING!!!

Teachers are still receiving their salary to sit at home and spit out an email saying; do pages 14 & 15 in science book today, and complete pages 12-18 in math…. yadda yadda, Now I know there are some districts out there doing it differently, but where I am that’s about the sum of it. In the mean time children on the spectrum, struggling with dyslexia, or attention deficit aren’t being instructed at all in a manner that they (or their parents) can reproduce at home. All while these poor parents are either trying to complete their own work or worse yet, laid off or unemployed.

So, that’s my rant for today. I’ll try to be more present in the weeks to come. What are you struggling with? Do you need some coaching in how to teach your special needs child? Do you need support? Some guidance? Someone just to talk to? I’m here. I can be reached through my Facebook Page, via email at specialneedsnj@hotmail.com, or call (973) 534-3402

What do you want to talk about today?

Coronavirus and School Closings | Will your child still receive IEP services?

Special Needs IEP Coaching

School is Closed due to Coronavirus info from COPAA

Given growing concerns and uncertainty regarding the COVID-19 outbreak,”the coronavirus,” the Council of Parent Attorneys and Advocates, Inc. (COPAA) is extremely concerned about the impact of COVID-19 on students with disabilities and their families. It is essential that families make decisions about the safety and welfare of their children in consultation with local schools and communities and that families know the rights and requirements under Federal law during such emergency situations.  COPAA wishes our members and the entire community health and safety in the coming weeks.

Under Federal law, State and local educational agencies are required to provide all children eligible for special education and related services under the Individuals with Disabilities Education Act (IDEA) with a free appropriate public education (FAPE). While the IDEA does grant the Secretary of Education the authority to waive state maintenance of effort (MOE) requirements and requirements to supplement, not supplant, federal funds under certain circumstances, the Secretary does not have the authority to grant waivers to FAPE under IDEA. COPAA has grave concern with the Department of Education’s proposition that students with disabilities are not entitled to services during a school closure. COPAA believes the obligation remains.

If schools close for only a brief time for all students, the school district must maintain continuity of learning by providing educational services to students with Individualized Education Programs (IEPs). For such temporary emergency closures, the provision of homebound services such as instructional telephone calls, homework packets, Internet-based lessons, and other available distance-based learning approaches is not considered a change in placement

If schools close for an extended period of time (generally more than 10 consecutive school days), then school administration officials and the child’s IEP team must determine whether the child is available for instruction and could benefit from homebound services such as instructional telephone calls, homework packets, Internet-based lessons, and other distance-based learning approaches. Even prior to that point, a child’s parent may request an IEP team meeting to discuss the potential need for special education and related services, if the exclusion is likely to be of extended duration. If neither parent can attend an IEP team meeting, the school must use other methods to ensure parent participation, including individual or conference telephone calls, consistent with 34 CFR §§ 300.322(c) and 300.328.

If schools are developing plans for online learning for students, they also need to plan for students with disabilities. If an eligible student with a disability is required to stay home at the advice of their physician, due to vulnerability concerns or due to testing positive for COVID-19, the IEP team should convene to discuss the need for special education and related services, available distance-based learning approaches, or compensatory education in the case of an extended absence.

Due to an increasing number of troubling news reports, on March 4, 2020, the Office for Civil Rights wrote to all Education Leaders to clarify federal protections that exist for students who become victims of “stereotyping, harassment, and bullying directed at persons perceived to be of Chinese American or, more generally, Asian descent…” and that “[states and school districts] must take special care to ensure that all students are able to study and learn in an environment that is healthy, safe, and free from bias or discrimination.”

COPAA is actively monitoring updates from the U.S. Department of Education and will keep you apprised of any new resources.

How to Write a Parental Concerns Letter for your IEP

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Have you written a “Parental Concerns” letter?

No? Why Not???

This is one of the most underutilized sections in the IEP!

It is your right to submit your concerns as the parent of a child with an IEP, and have it placed into that IEP under the heading of “Parental Concerns,” or sometimes it’s listed as “Parent Input.” And yet so many times I hear parents say they didn’t know they had that right.

I’ll admit, it is very hard to find this portion of the IEP, as it is often the smallest section possible and is easily overlooked. OR, there may be a few well chosen snippets of your concerns that were picked out of the meeting by the case manager.

What does the IDEA say about including the parents input into the IEP? Well it’s not a lot, but it IS there; listed under Other Methods To Ensure Parent Participation (300.322(c)) “Parents are free to provide input into their child’s IEP through a written request if they so choose.”

Why is the Parents Concerns letter so important?

First, understand that you NEED to do this EVERYtime you go through the IEP process, or review.

Remember that the IEP is based on the “NEEDS” of the child. It is “NEEDS” driven. NOT diagnosis driven. So your child gets evaluated to determine the areas of need, then goals are drawn up based upon those needs. The strategies and services that they then receive are based upon the goals, which are based upon the needs. All of the child’s areas of need are listed in the “Present Levels” section, also known as the PLOP or PLAAP, adn this drives the IEP. Now, do you know what else is in that section of the IEP? The PARENTAL CONCERNS! (Note: this may be slightly different and vary from state to state).

Therefore, do you understand…. this “parental Concerns” section ALSO helps drive the goals & services in the IEP. It is your right to submit one, and it MUST be included!

How long should my “Parental Concerns” letter be?

The short answer is…. As long as it needs to be. Now, some districts may tell you that it can not be any longer than 200 words. That is NOT TRUE! They may have a computer program for IEP formulation that only allows for 200 words, but that does not mean you have to limit your concerns. It simply means they need to find another way to include your concerns IN THEIR ENTIRETY into the IEP as you request. Of course that doesn’t mean you should write a 12 page dissertation about your child either. Be clear and concise, leave out emotional statements or accusatory language targeting any staff or service.

Here’s what you should include in your “Parental Concerns.”

Everything that “needs” to be there. Remember, this will drive goals and services. What are your main concerns about your child? Be concise. Be focused. Be child centered.

  • areas of need that the school identified and you agree with
  • areas of need that have not been identified that you wish to include
  • strategies that work for your child
  • strategies that feel do not work
  • behavior concerns
  • any medical or food allergies you are concerned or feel the staff needs to know
  • social and emotional struggles your child may have. ie. anxiety or fidgety do to ADHD etc…

When do you send a “Parental Concerns” letter?

I recommend that you send it in when you are responding to the letter of notification for your next meeting. “Yes, I can attend the meeting on Thursday, date, time. Here is my list of parental concerns that I wish to discuss with the team and be included in their entirety within the IEP.”

You can follow that up with, “I will bring a hard copy to the meeting,” or “I will email a copy for input into the IEP.”

For further assistance with Special Education and the IEP process’

Contact IEP Coach/Advocate Linda by calling (973) 534-3402

Visit us on Facebook: Special Needs IEP Coach/Advocate

What’s SEPAG?

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Special Education Parent Advisory Groups: are required for all school districts in New Jersey. The purpose of these groups is to provide opportunities for parents and community members to offer input to their districts on critical issues relating to students with disabilities.

New Jersey Administrative Code 6A:14-1.2(h) states that:

Each board of education shall ensure that a special education parent advisory group is in place in the district to provide input to the district on issues concerning students with disabilities. Developing & Implementing an Effective SEPAG Understanding

The Purpose

• To provide direct input on the policies, programs and practices that impact services and supports for children with disabilities and their families.

• To increase the involvement of families of children with special needs in making recommendations on special education policy.

• To advise on matters that pertain to the education, health and safety of children with special needs.

• To advise on unmet needs of children with disabilities. Keeping the Focus on Input

• Keep a policy focus: make sure the SEPAG keeps its focus on providing input on special education policy issues.

• A SEPAG is not a “support group” or a place for a “gripe session”.

• Avoid getting bogged down in busy work; such as doing carnivals, information fairs, fund raising, and organizing speakers

. • There may be both a parent advisory group and a support group in a district.

Parent Involvement in building membership through Special Education:board-meeting

• A majority of members should be parents or caregivers of children receiving special education services.

• Be sure to include families of children in out-of-district placements.

• Include students receiving special education services or former recipients as members

. • Conduct outreach to ensure that the parent advisory group is representative of the special education services received, placements, programs, ages, disabilities, schools attended and racial, ethnic and gender diversity. Providing input on Systemic Issues

• District policies and procedures

• Inclusion/ LRE • Funding issues

• Transition

• Staffing and professional development needs

• Related services

• Facility issues; such as accessibility, location of programs

• Extended school year Holding Productive Meetings

• Announce meeting dates and agenda items early enough to give interested parties an opportunity to plan to attend

• Create opportunities for active participation

• Build agendas with input from multiple people

• Use “people first” language in reference to individuals with disabilities

• Keep minutes of all meetings and make minutes available on request

• Hold regular meetings at least quarterly

• Start and end meetings on time

• As a group, agree on the process for making decisions developing Effective Practices

• New member orientation

• Established by-laws for the group’s operations

• Annual meeting to set goals and priorities

• Provide interpreters and other necessary services as needed

• Develop close working relationship with other district groups • A report of group activities and suggestions should be presented to the local Board of Education, at least annually