When should I hire an education lawyer?
Children are entitled to a Free and Appropriate Public Education (FAPE) under the Individuals with Disabilities in Education Act (IDEA). When you feel that your child is not getting the services they need, and you are not being heard by the IEP team, it’s time to seek help from an education lawyer. More information here.
What about related services like speech language therapy during closures for COVID-19?
The Department of Education specifically mentions speech language services as something that could be provided effectively through video conferencing. Other related special education services can similarly be provided in alternative methods, where possible and safe during school closures related to Coronavirus. More information here.
My first-second-third grader doesn’t seem to be reading as well as I would expect. The school tells me it’s not time to evaluate/test her and that we should wait another six months or a year. Is this true?
No. Early intervention is the best intervention for children who have dyslexia or other learning disabilities!
My child has an IEP, but I don’t think he is making progress. The school says he is doing fine. How do I know what’s really going on?
Progress monitoring starts with good IEP goals. Do you understand how data will be collected on each of your child’s IEP goals? Schools are obligated to provide you with data to show whether your child is making progress four times per year.
I told the principal/teacher/IEP chairperson that I think my child might have a disability. She told me in the hall that we don’t need to have a meeting because my child won’t qualify for special education because he is too smart/too young/getting ok grades. Is this right?
No. When a parent believes that their child might have a disability and asks the school to consider this concern and special education eligibility, the school is obligated to bring a team of people together to consider whether the child needs to be evaluated formally. No one (or two or three) people can decide this outside of a formal IEP meeting.
My child has a disability that sometimes affects his behavior. Can he be suspended for this?
Yes and No. Children with disabilities can be suspended for behaviors that are related to their disability up to a certain point, but it is not good practice, it indicates that something is not quite right with the program, and it’s usually not fair or helpful for the child. A child with a disability can not be suspended more than 10 days (in a school year) for behaviors that are a "manifestation" of their disability, and a meeting must be held to determine "manifestation."
Are schools required to provide all of the same special education services they provided when schools were open while schools are closed for Coronavirus?
No. The US Department of Education recognizes that these are "exceptional circumstances that may affect how all educational related services and supports are provided during school closures, and the Department will offer flexibility where possible."
Do schools have to continue to serve students with disabilities during school closures for COVID-19 / Coronavirus?
Yes. More information here.
Can districts unilaterally make decisions about which special education services from a child's IEP will be provided during school closures without parent input?
No. The MSDE guidance clearly says that while parental "consent" is not required, there should be an "agreement" between parents and districts (similarly, annual IEP reviews in Maryland are done by "agreement" and not "consent"). This plan should be based an individualized determination. It is not acceptable for districts to say that they are reducing services by 50% across the board for all students, for example. Parents can request changes to plans suggested by the district. More information here.
Can districts unilaterally make decisions about which special education services from a child's IEP will be provided during school closures without parent input?
No. The MSDE guidance clearly says that while parental "consent" is not required, there should be an "agreement" between parents and districts (similarly, annual IEP reviews in Maryland are done by "agreement" and not "consent"). This plan should be individualized. Parents can request changes to plans suggested by the district.
What about related services like speech language therapy?
The Department of Education specifically mentions speech language services as something that could be provided effectively through video conferencing. Other related special education services can similarly be provided in alternative methods, where possible and safe during school closures related to Coronavirus.