Special Education Advocacy

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

IEP Coach/Advocacy

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“Cc: 3 people on every email.”

This was one of the best pieces of advice Linda gave us and we hadn’t even signed a contract with her yet!

My son has been in the public school system since he was three years old. After being asked to leave multiple daycares, one owner suggested we contact our school district’s CST and have him tested. He was tested and was deemed eligible for their special needs pre-school program. He started with half-days and transitioned to full days.

As parents, we thought we were doing the best for him. We had our IEP meeting and everything was great. Boy do I wish I knew what was ahead of me!!!

Kindergarten started off okay, but then he was put on home instruction because he was a “public health” risk. I had hired a different advocate then, but she didn’t do a thing for me. I even contacted a special needs attorney who offered advice and we were able to get him back into school.

First grade, again started off okay, but then it went downhill. At one of the many meetings with the school, we raised the question of out of district placement. Oh no, we were told. Multiple times that year, while being summoned to the school to pick up our son due to his current behaviors, arriving and being shuttled into an impromptu meeting, we would say, perhaps out of district placement is the answer and we were told No, we have not done everything we can for him yet.

In the spring, I contacted Linda. Best thing we could have ever done. At our first meeting, she gave me so much information and I thought to myself, I had no idea that I was the person in control of my son’s IEP meetings. Linda took the time to review all of my son’s records and ask what we wanted for our son. Together, we devised a plan to fight for our child and the education he deserved. Linda is a bulldog. She knows how to ask the tough questions that parents don’t want to ask or know to ask. She is upfront and always responsive.

Months and months of meetings and emails and unfulfilled requests, we wound up in court. We had no choice. Days before my son was supposed to start his new school, I was still getting “bullied” by the school district and administrators.

My son has been in his new school since the end of November and he is doing outstanding. He was named “Student of the Month” this past month and received his first report card – all A’s and B’s. He has not been sent home once! When his teacher calls me for a weekly status update, she is nothing but positive. We could not be happier and more proud of our child. We credit a lot of people, but without Linda, our son would not be in the proper educational atmosphere, he would not be as successful as he is and I would not have my sanity.

Get yourselves educated. Know your child’s rights and your rights as parents. Understand that they are not in control of your child’s educational future, you are. Hire an advocate (IEP Coach/advocate Linda’s email specialneedsnj@hotmail.com and website www.specialneedsnewjersey.com) who understands the special educational system. School administrators take advantage of the that fact parents do not know all the ins and outs of how the system works and for many, including myself, there is so much more than just that little PRISE book they give you at the meeting.

Stand your ground. Ask questions. Ask for documentation and communication in written form. Control the conversation and the meetings. And most importantly, every communication should include at least people!!!!!

Nicole K.

Nicole is one of the parents I have served through IEP Coaching and Advocacy. You will be hearing more of her story in future posts.

If your child is struggling in Special Education, you need to learn the ins-and-outs of Special Education, have questions about what the PRISE booklet is all about, or have a newly diagnosed or classified child in your family…. Contact me at (973) 534-3402 or send an email to specialneedsnj@hotmail.com, or go to my website and fill in the contact/request form www.specialneedsnewjersey.com. NOTE: Don’t let the NJ part put you off, I serve ALL states! The laws of the IDEA are national! Some practices, policies, and timelines vary state to state, but YOUR RIGHTS and the rights of YOUR CHILD are the same across ALL borders! (NJ is simply where I am located and it was the best available domain when I started.)

I hope to hear from you soon to learn how I can help you help your child.

Coach Linda

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

A Call to Advocacy

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August is upon us and before you know it school will be back in session.

Is your child ready? Do you know the services they should receive related to their disability? Are you worried about beginning another year of uncertainty, missed goals, and limited progress?

We can help you navigate those murky waters called “Special Ed.”

Call us today if…

  • You feel your child may have a learning disability
  • You don’t understand the ins and outs of the (IEP), Individualized Education Plan
  • You want to know your rights as a parent
  • Need help writing a letter to the school
  • Don’t understand the evaluations process, percentiles, outcomes etc…
  • Feel your child should be making more progress in academics
  • The school seems to be fluffing you off, saying she/he will catch up

Special Needs NJ has been providing families with “special needs” members for over 15 years in the areas of IEP interpretation, letter writing, IDEA law review, evaluation and assessment interpretation, understanding timelines, everything up to and including meeting attendance with your (CST) Child Study Team. Giving you the skills, techniques, and guidance to help you become the “BEST” advocate you can be for your child.

We understand ALL of the classifying categories; ALL of the related services, and most importantly How you can get the best possible program for your child to progress and become successful in their educational experience.

DON’T WAIT ANOTHER MINUTE….

CALL (973) 534-3402 and we will give you a free consultation.

Statistics show that children who get the proper services during the formative years of Kindergarten-3rd grade perform beyond their expected potential. Unfortunately we see most students because they are struggling and by 3rd grade they are 2-3 years behind, by 5th grade they are 3-5 years behind, and by 8th grade they are moving into high school with only a 5th grade reading level!

However, don’t despair if your child is already in this situation… it’s NEVER too late!

call, email, or fill out the service form right here on our page.

Our prices are conservative and very reasonable

Isn’t your child’s future worth it?

 

SNNJ also provides: Tutoring, Life Skills Coaching, Behavior Management