Special Advocate

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

Offering a helping hand to ‘special needs’ families

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Special Needs NJ Family Services serves locals in Sussex County

Sussex County NJ Parent Advocate: Linda Leenstra

BY CLAUDIA CARAMIELLO PUBLISHED DEC 10, 2013 AT 6:18 PM (UPDATED Feb. 2017) ShareThis ANDOVER —

“Unless someone like you cares a whole awful lot, nothing is going to get better. It’s not.” This famous quote from “The Lorax” appears on the cover of a pamphlet for Special Needs NJ Family Services LLP in Andover. It serves as an important message and theme of the children’s advocacy agency, who believe that all children have the potential to succeed academically regardless of any “special needs.”

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Be the change you want to see…Gandhi

Offering a helping hand For a parent, having a child who has been classified in school is usually an emotional experience fraught with confusion, questions and anxiety. The question, “What do we do next?” is raised, and parents can feel overwhelmed with paperwork, Individual Education Plans (IEP) interpretation, and meetings with Child Study Teams.

Helping a child to stay motivated, reach their potential, and like school can be a daunting task for mothers and fathers. Serving families throughout NJ but anchored in Sussex County, Special Needs NJ provides individual services to families who have a child in the school system with special needs. These services include Advocacy for the child, tutoring, life skills, ABA therapy, and now adding Life Coaching for parents and aging students.

The goal of Special Needs NJ, is to help parents navigate the sometimes confusing world of having a classified child, as well as making children aware that they have someone on their side.

“If you went to work everyday and were compared to the guy in the next cubicle, you would start to hate going to work,” says Special Educator, advocate, therapist, and life coach, Linda Leenstra, known warmly to her students as “Ms. Linda.”

“Everybody needs to understand that we are not all square pegs that fit neatly into the square hole. The American education system is so stuck on this concept that children begin to feel like there is something wrong with them; they don’t fit into the system,” says Leenstra. “Here at Special Needs NJ, we feel that individualism is a great thing!”

Classification:  In New Jersey, there are 14 different types of classifications within the education system. For parents, making sense of the terminology, and navigating a path toward well being for their child can be intimidating. Leenstra provides the important service of going into the schools with the parents and attending IEP meetings with the Child Study Team. She often encourages parents to bring a picture of their child to the meeting which helps keep the focus on why everyone is there. They are there for the child. “It is important for school systems to know that we are not working against them, but with them,” says Leenstra. “The best thing for a child is an educated parent, and our main drive is to educate parents on how to get their child in the right program.”

In an effort to help a child reach their potential, Special Needs NJ also will go into homes and provide, not only tutoring, and help with a specific subject, but life skills for children who have a learning disabilities, and behavioral training for both parent and child. Special Needs NJ can help train parents on how to deal with struggles their child may be going through, and provide encouragement to the child. The agency will also assist parents in organizing and understanding the paperwork and forms that comes with having a child who is classified.

Anniversary: as Special Needs NJ is entering it’s fifth year, they continue to grow and provide help to families in New Jersey. The agency also works on a sliding scale fee, and are individualized to a client’s needs. Leenstra regards her role as advocate and educator as more then a job, and establishes a strong connection to the families she works with.

“If you think about it, kids are always under scrutiny, always judged,” says Leenstra. “They are naturally free spirits who want to learn, explore, touch everything, but then they go to school and have their art work compared to other kids.” “For every negative statement made, we should always make five positive ones,” Leenstra advises. “People want to be complemented, not compared.”

For more information visit http://www.specialneedsnewjersey.com or call 973-5343402

Special Needs NJ provides a free consultation to discuss how their specialized services fit your individual needs.

Pictured: Linda Leenstra, Court Appointed Special Advocate, with Judge of Morris and Sussex County Courts NJcasa

 

 

CONGRATULATIONS! to our own Linda Leenstra, sworn in as Morris/Sussex County Court Appointed Special Advocate

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casaPictured: Linda Leenstra sworn in by Judge Berdote Byrne Superior Court of NJ in the Historic Court Room at Morristown, Monday November 7, 2016